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 123STA T . 13 0PUBLIC LA W 111 –5—FE B.1 7, 200 9OF F ICEO F JUST ICE PR O G R AM S STATE A NDL OCAL LA W ENFORCEMENT ASSISTANCE Foran a d d it iona l a m o u nt f or ‘ ‘ S tat e and L o c al La wE nforce - ment As sistance ’ ’ ,$2, 0 00,000,000, for t h e Edward By rne M emorial Justice Assistance G rant p ro g ram as authori z ed b y subpart 1 of part E of title I of the Omnibus C rime Control and Safe Streets Acts of 1 968( ‘‘1968 Act’’ ) ,(e x cept that section 1001(c), and the special rules for Puerto R ico under section 5 05(g), of the 1968 Act, shall not apply for purposes of this Act) . For an additional amount for ‘‘State and Local Law Enforce- ment Assistance’’, $225,000,000, for competiti v e grants to improve the functioning of the criminal j ustice system, to assist victims of crime (other than compensation), and youth mentoring grants. For an additional amount for ‘‘State and Local Law Enforce- ment Assistance’’, $ 4 0,000,000, for competitive grants to provide assistance and e q uipment to local law enforcement along the Southern border and in H igh-Intensity D rug T raffic k ing Areas to combat criminal narcotics activity stemming from the Southern border, of which $10,000,000 shall be transferred to ‘‘Bureau of Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses’’ for the ATF Project Gunrunner. For an additional amount for ‘‘State and Local Law Enforce- ment Assistance’’, $225,000,000, for assistance to Indian tribes, notwithstanding Public Law 108 – 199, division B, title I, section 112(a)(1) (118 Stat. 62), which shall be available for grants under section 20109 of subtitle A of title II of the V iolent Crime Control and Law Enforcement Act of 1994 (Public Law 10 3 –322). For an additional amount for ‘‘State and Local Law Enforce- ment Assistance’’, $100,000,000, to be distributed by the Office for Victims of Crime in accordance with section 1402(d)(4) of the Victims of Crime Act of 1984 (Public Law 98–4 7 3). For an additional amount for ‘‘State and Local Law Enforce- ment Assistance’’, $125,000,000, for assistance to law enforcement in rural States and rural areas, to prevent and combat crime, especially drug-related crime. For an additional amount for ‘‘State and Local Law Enforce- ment Assistance’’, $50,000,000, for Internet Crimes Against Chil- dren (ICAC) initiatives. COMMUNIT Y ORIENTED POLICING SER V ICES For an additional amount for ‘‘Community Oriented Policing Services’’, for grants under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act (42 U .S.C. 3796dd) for hiring and rehiring of additional career law enforcement officers under part Q of such title, notwithstanding subsection (i) of such section, $1,000,000,000. SALARIES AND E XP ENSES For an additional amount, not elsewhere specified in this title, for management and administration and oversight of programs within the Office on Violence Against W omen, the Office of Justice Programs, and the Community Oriented Policing Services Office, $10,000,000.


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Page:United States Statutes at Large Volume 123.djvu/151

 123STA T . 131 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9SCIEN CE N ATION A LAER ONA U TI CS AN D S P ACE AD M INISTRATION SCIENCE Foran a d d it iona l a m o u nt f or ‘ ‘S c i e nce ’ ’ ,$40 0,000,000 . AERONAUTICS For an additional amount for ‘‘Aeronautic s ’’, $ 15 0,000,000. E X PLORATION For an additional amount for ‘‘E xp loration’’, $400,000,000. CROSS A G ENC Y SUPPORT For an additional amount for ‘‘Cross A g enc y Support’’, $50,000,000. O F FICE OF INSPECTOR GENERAL For an additional amount for ‘‘ O ffice of Inspector G eneral’’, $ 2 ,000,000, to remain a v aila b le until September 3 0, 2013. NATIONAL SCIENCE FOUNDATION RESEARC H AND RELATED ACTI V ITIES For an additional amount for ‘‘ R esearc h and Related Activities’’, $2,500,000,000
 * Provide

d, T hat $300,000,000 shall be available solely for the M a j or Research Instrumentation program and $200,000,000 shall be for activities authori z ed by title II of P ublic L a w 100 – 5 7 0 for academic research facilities modernization. EDUCATION AND HUMAN RESOURCES For an additional amount for ‘‘Education and H uman Resources’’, $100,000,000. MA J OR RESEARCH E Q UIPMENT AND FACILITIES CONSTRUCTION For an additional amount for ‘‘Major Research E q uipment and Facilities Construction’’, $400,000,000. OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector General’’, $2,000,000, to remain available until September 30, 2013. GENERAL PRO V ISION — THIS TITLE SEC. 201. Sections 1701 ( g ) and 1704(c) of the Omnibus Crime Control and Safe Streets Act of 1 968 (42 U .S.C. 3796dd(g) and 3796dd–3(c)) shall not apply with respect to funds appropriated in this or any other Act ma k ing appropriations for fiscal year 2009 or 2010 for Community Oriented Policing Services authorized under part Q of such Act of 1968.

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 123STA T . 132 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9TI T LE III —D E PAR T M E N T OF DEFEN S E OPERATION AND MAINTENAN C E O PERATION AN D MAINTENAN C E , AR MY F oran a d d it iona l a m o u nt f or ‘ ‘O pe ration and Maintenan c e, Arm y’ ’, $1, 47 4, 52 5, 0 00, to remain a v aila b le for obli g ation until Sep - tember 3 0, 2010, to improve, repair and moderni z e Department of Defen s e facilities, restore and modernize real property to include barrac k s, and invest in t h e energy efficiency of Department of Defense facilities . OPERATION AND MAINTENANCE, NA V Y For an additional amount for ‘‘Operation and Maintenance, Navy’’, $ 6 57,051,000, to remain available for obligation until Sep- tember 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities. OPERATION AND MAINTENANCE, MARINE CORP S For an additional amount for ‘‘Operation and Maintenance, Marine Corps’’, $113, 8 65,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Depart- ment of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Depart- ment of Defense facilities. OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $1,0 9 5,959,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities. OPERATION AND MAINTENANCE, ARMY RESERVE For an additional amount for ‘‘Operation and Maintenance, Army Reserve’’, $98,269,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities. OPERATION AND MAINTENANCE, NAVY RESERVE For an additional amount for ‘‘Operation and Maintenance, Navy Reserve’’, $55,083,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Department of Defense facilities.


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 123STA T . 133 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9OPERATION AN DM AINTENAN C E , MARINE C ORP SR ESER V E Foran a d d it iona l a m o u nt f or ‘ ‘O pe ration and Maintenan c e, Marine Corp s Reser v e ’ ’, $39 ,9 0 9,000, to remain availa b le for obli g a - tion until S eptember 30, 2 0 1 0, to improve, repair and moderni z e D epartment of Defense facilities, restore and modernize real prop- ert y to include barrac k s, and invest in t h e energy efficiency of Department of Defense facilities . OPERATION AND MAINTENANCE, A IR FORCE RESERVE For an additional amount for ‘‘Operation and Maintenance, Air Force Reserve’’, $13,1 87 ,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Depart- ment of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Depart- ment of Defense facilities. OPERATION AND MAINTENANCE, AR MYN ATIONA LGU ARD For an additional amount for ‘‘Operation and Maintenance, Army National Guard’’, $2 6 6,30 4 ,000, to remain available for obliga- tion until September 30, 2010, to improve, repair and modernize Department of Defense facilities, restore and modernize real prop- erty to include barracks, and invest in the energy efficiency of Department of Defense facilities. OPERATION AND MAINTENANCE, AIR NATIONAL GUARD For an additional amount for ‘‘Operation and Maintenance, Air National Guard’’, $2 5 ,848,000, to remain available for obligation until September 30, 2010, to improve, repair and modernize Depart- ment of Defense facilities, restore and modernize real property to include barracks, and invest in the energy efficiency of Depart- ment of Defense facilities. R E SEARC H ,DE V E L O P MEN T , TEST AND EVAL U AT I ON RESEARC H , DEVELOPMENT, TEST AND EVALUATION, ARMY For an additional amount for ‘‘Research, Development, Test and Evaluation, Army’’, $75,000,000, to remain available for obliga- tion until September 30, 2010. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY For an additional amount for ‘‘Research, Development, Test and Evaluation, Navy’’, $75,000,000, to remain available for obliga- tion until September 30, 2010. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE For an additional amount for ‘‘Research, Development, Test and Evaluation, Air Force’’, $75,000,000, to remain available for obligation until September 30, 2010.


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 123STA T . 13 4PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9RES E ARCH,D E V E LOPM E NT , T EST AN DE VAL U AT I ON, DE F ENSE -W IDE Foran a d d it iona l a m o u nt f or ‘ ‘R es ear ch ,De v elo p ment, Test and Evaluation, Defense-Wide ’ ’, $75, 0 00,000, to remain availa b le for obli g ation until S eptember 3 0, 2 0 1 0 .O T H ER DE PA RT M E N T OF DEFENSE PRO G RAMS DEFENSE HEALTH PRO G RAM For an additional amount for ‘‘Defense Health Program’’, $ 4 00,000,000 for operation and maintenance, to remain available for obligation until September 30, 2010, to improve, repair and moderni z e militar y medical facilities, and invest in the energy effi- ciency of military medical facilities. OFFICE OF THE I NSPECTOR GENERAL For an additional amount for ‘‘Office of the Inspector General’’, $15,000,000 for operation and maintenance, to remain available for obligation until September 30, 2011. TIT L EI V— ENERG Y AND WATER DEVELOPMENT DEPARTMENT OF DEFENSE— C IVIL DEPARTMENT OF THE ARM Y CORPS OF ENGINEERS—CIVIL INVESTIGATIONS For an additional amount for ‘‘Investigations’’, $25,000,000
 * Pro-vide

d , That funds provided under this heading in this title shall only be used for programs, pro j ects or activities that heretofore or hereafter receive funds provided in Acts ma k ing appropriations available for Energy and Water Development: Provided fu r th er, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed w ithin the funds made available in that account and that will not re q uire new budget authority to complete: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise bee x pired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subse- quent claims, if any: Provided further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appro- priations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading. CONSTRUCTION For an additional amount for ‘‘Construction’’, $2,000,000,000: Provided, That not less than $200,000,000 of the funds provided Deadlin e s.R e port s.


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 123STA T . 13 5PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9shal l beforw a t er - relate d e nvi ron m ental infrastr uc ture assistance
 * Provide

d fu r th er ,T hat section 102 of P ublic L aw 10 9– 10 3( 33 U.S . C . 2221 ) shall not a p pl y to funds provided in this title: Provided further, That notwithstandin g any other provision of law , funds provided in this paragraph shall not be cost shared with the I nland W aterways Trust F und as authori z ed in Public Law 99– 6 62: Pro - vided further, That funds provided under this heading in this title shall only be used for programs, pro j ects or activities that heretofore or hereafter receive funds provided in A cts ma k ing appropriations available for E nergy and Water D evelopment: Provided further, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed within the funds made available in that account and that will not re q uire new budget authority to complete: Provided further, That the limitation concerning total project costs in section 902 of the Water R esources Development Act of 19 8 6, as amended (33 U.S.C. 2280), shall not apply during fiscal year 2009 to any project that received funds provided in this title: Provided further, That funds appropriated under this heading may be used by the Secretary of the Army, acting through the Chief of Engineers, to undertake work authorized to be carried out in accordance with section 1 4 of the Flood Control Act of 1946 (33 U.S.C. 7 01r) section 20 5 of the Flood Control Act of 1948 (33 U.S.C. 701s); section 206 of the Water Resources Develop- ment Act of 1996 (33 U.S.C. 2330); or section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), notwith- standing the program cost limitations set forth in those sections: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be e x pired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations of the H ouse of Representatives and the Senate detailing the alloca- tion, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading. MIS SISSI P PI R I VE R ANDT RI BU TARIES For an additional amount for ‘ ‘ M ississippi River and Tribu- taries ’ ’, $ 375,000,000: Provided, That funds provided under this heading in this title shall only be used for programs, projects or activities that heretofore or hereafter receive funds provided in Acts making appropriations available for Energy and Water Development: Provided further, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed within the funds made available in that account and that will not require new budget authority to complete: Provided further, That the limitation concerning total project costs in section 902 of the Water Resources Development Act of 1986, as amended (33 U.S.C. 2280), shall not apply during fiscal year 2009 to any project that received funds provided in this title: Provided further, That for projects that are being completed with funds appropriated Deadlin e s.R e port s.


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 123STA T . 13 6PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9inth i sAc tth a t would oth er wise b ee xp ired f or obli g ation , expired funds appropriated in this Act m a y be used to pay the cost of associated super v ision, inspection, overhead, engineering and design on those pro j ects and on subse q uent claims, if any
 * Provide

d fu r th er ,T hat the S ecretary of the Army shall submit a quarterly report to the C ommittees on Appropriations of the H ouse of R epresenta - tives and the Senate detailing the allocation, obligation and expendi- tures of these funds, beginning not later than 45 days after enact- ment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading .OPERATI O N AN DM AINTENAN C E F or an additional amount for ‘ ‘ O peration and M aintenance ’ ’, $2, 07 5,000,000: Provided, That funds provided under this heading in this title shall only be used for programs, projects or activities that heretofore or hereafter receive funds provided in Acts ma k ing appropriations available for E nergy and W ater D evelopment: Pro - vided further, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed within the funds made available in that account and that will not require new budget authority to complete: Provided further, That section 9 00 6 of P ublic L aw 1 10 – 114 shall not apply to funds provided in this title: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subse- quent claims, if any: Provided further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appro- priations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading. RE GUL ATOR Y PROGRAM For an additional amount for ‘‘Regulatory Program’’, $25,000,000. F ORMERLY UTILI Z ED S ITES REMEDIAL ACTION PROGRAM For an additional amount for ‘‘Formerly U tili z ed Sites Remedial Action Program’’, $100,000,000: Provided, That funds provided under this heading in this title shall be used for programs, projects or activities or elements of programs, projects or activities that can be completed within the funds made available in that account and that will not require new budget authority to complete: Pro- vided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obligation, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any: Provided further, That the Secretary of the Army shall submit a quarterly report to the Committees on Appropriations Deadlin e s.R e port s. Deadlines. Reports. Deadlines. Reports.


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 123STA T . 13 7PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9oftheH o us eof R e pr ese n t a t iv es an d the S enate detai l in g the allo c a - tion , o b ligation and e x penditures of these funds, beginning not later than 45 da y s after enact m ent of this A ct
 * Provide

d fu r th er ,T hat the Secretary shall have unlimited reprogramming authority for these funds provided under this heading .DEP ART M E N T OF THE I NTERIOR BUREA U OF RE CL A M A TI O NW ATER AN D RELATED RE S OURCES For an additional amount for ‘ ‘ W ater and Related Resources ’ ’, $1, 0 00,000,000: Provided, That of the amount appropriated under this heading, not less than $1 26 ,000,000 shall be used for w ater reclamation and reuse pro j ects authori z ed under title XV I of Public L aw 102 – 5 7 5: Provided further, That funds provided in this Act shall be used for elements of projects, programs or activities that can be completed within these funding amounts and not create budgetary obligations in future fiscal years: Provided further, That $50,000,000 of the funds provided under this heading may be trans- ferred to the Department of the Interior for programs, projects and activities authorized by the C entral U tah Project Completion Act ( titles II–V of Public Law 102–575 )
 * Provided further, That

$50,000,000 of the funds provided under this heading may be used for programs, projects, and activities authorized by the California Bay-Delta Restoration Act (Public Law 10 8 – 3 61): Provided further, That not less than $60,000,000 of the funds provided under this heading shall be used for rural water projects and shall be expended primarily on water inta k e and treatment facilities of such projects: Provided further, That not less than $10,000,000 of the funds pro- vided under this heading shall be used for a bureau-wide inspection of canals program in urbanized areas: Provided further, That the costs of extraordinary maintenance and replacement activities car- ried out with funds provided in this Act shall be repaid pursuant to existing authority, except the length of repayment period shall be as determined by the Commissioner, but in no case shall the repayment period exceed 50 years and the repayment shall include interest, at a rate determined by the Secretary of the Treasury as of the beginning of the fiscal year in which the work is com- menced, on the basis of average market yields on outstanding marketable obligations of the United States with the remaining periods of maturity comparable to the applicable reimbursement period of the project adjusted to the nearest one-eighth of 1 percent on the unamortized balance of any portion of the loan: Provided further, That for projects that are being completed with funds appropriated in this Act that would otherwise be expired for obliga- tion, expired funds appropriated in this Act may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subse q uent claims, if any: Provided further, That the Secretary of the Interior shall submit a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation, obligation and expenditures of these funds, beginning not later than 45 days after enactment of this Act: Provided further, That the Secretary shall have unlimited reprogramming authority for these funds provided under this heading. Deadlin e s.R e port s.


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Page:United States Statutes at Large Volume 123.djvu/158

 123STA T . 13 8PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9DEPARTM E N T OF ENER GY ENERGY PROGRAM S E NERGY E F F IC IENCY A N D RENE W A BL E ENERGY F oran a d d it iona l a m o u nt f or ‘ ‘En e r gy Effi c iency and Rene w a b le Energy ’ ’ ,$16, 80 0,000,000
 * Provide

d , T h at$ 3, 2 00,000,000 s hall be a v ailable for Energy Efficiency and C onservation B loc k Grants for im p lementation of programs authori z ed under subtitle E of title V of the Energy I ndependence and Security Act of 200 7(4 2 U. S.C. 171 5 1etse q . ) , of which $2,800,000,000 is available through the formula in subtitle E: Provided fu r th er, That the Secretary may use the most recent and accurate population data available to satisfy the requirements of section 543(b) of the Energy Independ - ence and Security Act of 2007: Provided further, That the remaining $400,000,000 shall be awarded on a competitive basis: Provided further, That $5,000,000,000 shall be for the W eatherization Assist- ance Program under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.): Provided further, That $3,100,000,000 shall be for the State Energy Program author- ized under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321): Provided further, That $2,000,000,000 shall be available for grants for the manufacturing of advanced batteries and components and the Secretary shall provide facility funding awards under this section to manufacturers of advanced battery systems and vehicle batteries that are produced in the United States, including advanced lithium ion batteries, hybrid electrical systems, component manufacturers, and software designers: Pro - vided further, That notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 330 9 through 3318 of such title 5, the Secretary of Energy, upon a determination that there is a severe shortage of candidates or a critical hiring need for particular positions, may from within the funds provided, recruit and directly appoint highly qualified individuals into the competitive service: Provided further, That such authority shall not apply to positions in the E x cepted Service or the Senior Executive Service: Provided further, That any action authorized herein shall be consistent with the merit principles of section 2301 of such title 5, and the Department shall comply with the public notice requirements of section 3327 of such title 5. ELEC T RICITY DELI V ERY AND ENERGY RELIABILITY For an additional amount for ‘‘Electricity Delivery and Energy Reliability,’’ $4,500,000,000: Provided, That funds shall be available for expenses necessary for electricity delivery and energy reliability activities to modernize the electric grid, to include demand respon- sive equipment, enhance security and reliability of the energy infra- structure, energy storage research, development, demonstration and deployment, and facilitate recovery from disruptions to the energy supply, and for implementation of programs authorized under title X III of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381 et seq.): Provided further, That $100,000,000 shall be available for worker training activities: Provided further, That notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 Grants.


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Page:United States Statutes at Large Volume 123.djvu/159

 123STA T . 13 9PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 ofsuchti t le5, the S ec r et a r y of En er g y,u p ona d eter m ination that there is a se v ere shortage of candidates or a critical hiring need for particular positions, may from w ithin the funds provided, recruit and directly appoint highly q ualified individuals into the competitive service
 * Provide

d fu r th er ,T hat such authority shall not apply to positions in the E x cepted Service or the Senior Execu - tive Service: Provided further, That any action authori z ed herein shall b e consistent with the merit principles of section 2301 of such title 5, and the D epartment shall comply with the public notice requirements of section 332 7 of such title 5: Provided further, That for the purpose of facilitating the development of regional transmission plans, the O ffice of Electricity Delivery and Energy R eliability within the Department of Energy is provided $8 0,000,000 within the available funds to conduct a resource assessment and an analysis of future demand and transmission requirements after consultation with the F ederal Energy Regulatory C ommission: Pro - vided further, That the Office of Electricity Delivery and Energy Reliability in coordination with the Federal Energy Regulatory Commission will provide technical assistance to the N orth A merican Electric Reliability Corporation, the regional reliability entities, the States, and other transmission owners and operators for the forma- tion of interconnection-based transmission plans for the Eastern and W estern I nterconnections and ERCOT: Provided further, That such assistance may include modeling, support to regions and States for the development of coordinated State electricity policies, pro- grams, laws, and regulations: Provided further, That $10,000,000 is provided to implement section 1305 of P ublic L aw 110 – 1 4 0: Provided further, That the Secretary of Energy may use or transfer amounts provided under this heading to carry out new authority for transmission improvements, if such authority is enacted in any subsequent Act, consistent with existing fiscal management practices and procedures . F OS S IL E NERGY RESE A R CH AN D DE V ELO PM EN T For an additional amount for ‘ ‘Fossil Energy Research and Development ’ ’, $3,400,000,000. NON-DE F ENSE ENVIRONMENTAL CLEAN U P For an additional amount for ‘‘Non-Defense Environmental Cleanup’’, $483,000,000. U RANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND For an additional amount for ‘‘Uranium Enrichment Decon- tamination and Decommissioning Fund’’, $3 9 0,000,000, of which $70,000,000 shall be available in accordance with title X , subtitle A of the Energy Policy Act of 1992. SCIENCE For an additional amount for ‘‘Science’’, $1, 6 00,000,000.


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Page:United States Statutes at Large Volume 123.djvu/160

 123STA T . 1 40PUBLIC LA W 111 –5—FE B.1 7, 200 9ADVANCE D R E S EA R C HP R OJ EC T SA G ENC Y—E NERGY Forthe A dvanc ed Re s earch Pro j ects A g enc y —Energy ,$40 0,000,000, as a u thor iz ed under section 5 0 12 o f the A m erica COM PE T E S Act ( 42 U. S.C. 1 6 5 38) . T I T L E1 7 — I NNOVATIVE TECHNOLOGY L OAN GU ARANTEE PROGRA M For an additiona l amount for the cost of guaranteed loans authorized b y section 1705 of the Energy Policy Act of 2005, $6,000,000,000, available until e xp ended, to pay the costs of guaran - tees made under this section
 * Provide

d , That of the amount provided for title XV II, $25,000,000 shall be used for administrative expenses in carrying out the guaranteed loan program: Provided fu r th er, That of the amounts provided for title XVII, $10,000,000 shall be transferred to and available for administrative expenses for the Advanced Technology Vehicles Manufacturing Loan Program. O F FICE OF THE INS P ECTOR GENERAL For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1 9 78, as amended, $15,000,000, to remain available until September 30, 2012. E N VIRONMENTAL AN D OT H ER DEFENSE ACTIVITIES DEFENSE ENVIRONMENTAL CLEANUP For an additional amount for ‘ ‘Defense Environmental Cleanup, ’ ’ $5,127,000,000. CONSTRUCTION, REHA B ILITATION, OPERATION, AND MAINTENANCE, W ESTERN AREA PO W ER ADMINISTRATION For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other related activities including conservation and rene w able resources programs as authorized, $10,000,000, to remain available until expended: Provided, That the Administrator shall establish such personnel staffing levels as he deems necessary to economically and efficiently complete the activities pursued under the authority granted by section 402 of this Act: Provided further, That this appropriation is non-reimbursable. GENERAL PROVISIONS—THIS TITLE SEC. 401. B ONNEVILLE POWER ADMINISTRATION BORROWING AUTHORITY. For the purposes of providing funds to assist in financing the construction, ac q uisition, and replacement of the transmission system of the Bonneville Power Administration and to implement the authority of the Administrator of the Bonneville Power Administration under the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839 et seq.), an additional $3,250,000,000 in borrowing authority is made available under the Federal Columbia River Transmission System Act (16 U.S.C. 838 et seq.), to remain outstanding at any time.


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 123STA T . 1 4 1 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9SEC.402 . W E ST E RNA RE APOW ERA DMI NISTRATION B ORROWIN G A U T H ORIT Y . TheHo o v e r Po w erP lant A c to f198 4 ( P ub l i c L aw 98 –3 81 ) i s a m en d edb y addin g at the end the following

‘ TI T LE III —BOR RO W I NGAU T H ORIT Y‘ ‘ SEC.301 . W ES T E RNA REA PO WER A DMI NISTRATION B ORROWIN G A U T H ORIT Y . ‘ ‘(a) D E F INITIONS. —I n this section: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator ’ means the Administrator of the Western Area Power Administration. ‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury. ‘‘(b) AUTHORITY.— ‘‘(1) IN GENERA L .— N otwithstanding any other p rovision of law , sub j ect to paragraphs (2) through ( 5 )— ‘‘(A) the Western Area Power Administration may bor - row funds from the Treasury and ‘‘(B) the Secretary shall, without further appropriation and without fiscal year limitation, loan to the Western Area Power Administration, on such terms as may be fi x ed by the Administrator and the Secretary, such sums (not to exceed, in the aggregate (including deferred interest), $ 3,250,000,000 in outstanding repayable balances at any one time) as, in the judgment of the Administrator, are from time to time re q uired for the purpose of— ‘‘(i) constructing, financing, facilitating, planning, operating, maintaining, or studying construction of new or upgraded electric power transmission lines and related facilities with at least one terminus within the area served by the Western Area Power Adminis- tration; and ‘‘(ii) delivering or facilitating the delivery of power generated by renewable energy resources constructed or reasonably expected to be constructed after the date of enactment of this section. ‘‘(2) INTEREST.—The rate of interest to be charged in connection with any loan made pursuant to this subsection shall be fixed by the Secretary, ta k ing into consideration market yields on outstanding marketable obligations of the U nited States of comparable maturities as of the date of the loan. ‘‘(3) R EFINANCING.—The Western Area Power Administra- tion may refinance loans taken pursuant to this section within the Treasury. ‘‘(4) PARTICI P ATION.—The Administrator may permit other entities to participate in the financing, construction and owner- ship projects financed under this section. ‘‘(5) C ONGRESSIONAL RE V IEW OF DIS B URSEMENT.— E ffective upon the date of enactment of this section, the Administrator shall have the authority to have utili z ed $1, 7 50,000,000 at any one time. If the Administrator seeks to borrow funds above $1,750,000,000, the funds will be disbursed unless there is enacted, within 90 calendar days of the first such request, a joint resolution that rescinds the remainder of the balance of the borrowing authority provided in this section. ‘‘(c) TRANSMISSION LINE AND RELATED F ACILITY PRO J ECTS.— Deadlin e .Ef fe ct i v e date. 42USC16 421a.


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 123STA T . 1 4 2 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (1)INGE NE RAL.—For r epaym e nt p u rpo s es , ea ch trans - m i ssion l ine an d related f acility pro j ect in w hich the W estern A rea P ower Administration participates pursuant to this section shall b e treated as separate and distinct from— ‘‘(A) each other such project and ‘‘( B ) all other Western Area Power Administration power and transmission facilities. ‘‘( 2 )PR OC EE DS .— T he Western Area Power Administration shall apply the proceeds from the use of the transmission capacity from an indi v idual project under this section to the repayment of the principal and interest of the loan from the Treasury attributable to that project, after reservin g such funds as the Western Area Power Administration determines are necessary— ‘‘(A) to pay for any ancillary services that are provided; and ‘‘(B) to meet the costs of operating and maintaining the new project from which the revenues are derived. ‘‘( 3 ) S O U RCE O F RE V ENUE.— R evenue from the use of projects under this section shall be the only source of revenue for— ‘‘(A) repayment of the associated loan for the project; and ‘‘(B) payment of e x penses for ancillary services and operation and maintenance. ‘‘( 4 ) LIM I T ATION ON AUT H ORIT Y .— N othing in this section confers on the Administrator any additional authority or obliga- tion to provide ancillary services to users of transmission facili- ties developed under this section. ‘‘( 5 ) TREATMENT OF CERTAIN REVENUES.—Revenue from ancillary services provided by existing Federal power systems to users of transmission projects funded pursuant to this section shall be treated as revenue to the existing power system that provided the ancillary services. ‘‘(d) C ERTIFICATION.— ‘‘(1) IN GENERAL.—For each project in which the Western Area Power Administration participates pursuant to this sec- tion, the Administrator shall certify, prior to committing funds for any such project, that— ‘‘(A) the project is in the public interest; ‘‘(B) the project will not adversely impact system reli- ability or operations, or other statutory obligations; and ‘‘(C) it is reasonable to expect that the proceeds from the project shall be ade q uate to ma k e repayment of the loan. ‘‘(2) FORGIVENESS OF B ALANCES.— ‘‘(A) IN GENERAL.—If, at the end of the useful life of a project, there is a remaining balance owed to the Treasury under this section, the balance shall be forgiven. ‘‘(B) U NCONSTRUCTED P RO J ECTS.—Funds expended to study projects that are considered pursuant to this section but that are not constructed shall be forgiven. ‘‘(C) NOTIFICATION.—The Administrator shall notify the Secretary of such amounts as are to be forgiven under this paragraph. ‘‘(e) PUBLIC PROCESSES.— ‘‘(1) POLICIES AND PRACTICES.—Prior to requesting any loans under this section, the Administrator shall use a public


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 123STA T . 1 4 3 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9proces s t o d e v e l op pr a ct i ces a n d policies t h ati m plement the a u thorit yg ranted b y this section .‘ ‘ (2)REQU E ST S FORIN TEREST. —I n the course o f selecting potential pro j ects to be funded under this section , the A dminis - trator shall see k Re q uests F or Interest from entities interested in identifying potential projects through one or more notices published in the Federal Register. ’ ’ S E C. 403 . SET- A SI D E FOR M ANA G E M ENT AND OV ERSIG H T. U p to 0. 5 percent of each amount appropriated in this title may be used for the e x penses of management and oversight of the programs, grants, and activities funded by such appropriation, and may be transferred by the head of the Federal department or agency involved to any other appropriate account w ithin the department or agency for that purpose
 * Provide

d ,T hat the Secretary will provide a report to the C ommittees on Appropriations of the H ouse of Representatives and the Senate 30 days prior to the transfer: Pro - vided fu r th er, That funds set aside under this section shall remain available for obligation until September 30, 20 1 2. SEC. 404. TECHNICA L CORRECTIONS TO THE E NERG Y INDE P END- ENCE AND SECURITY ACT OF 200 7 . (a) Section 543(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17153(a)) is amended— (1) by redesignating paragraphs (2) through (4) as para- graphs (3) through (5), respectively and (2) by striking paragraph (1) and inserting the following: ‘‘(1) 34 percent to eligible units of local government—alter- native 1, in accordance with subsection (b); ‘‘(2) 34 percent to eligible units of local government—alter- native 2, in accordance with subsection (b);’’. (b) Section 543(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17153(b)) is amended by striking ‘‘subsection (a)(1)’’ and inserting ‘‘subsection (a)(1) or (2)’’. (c) Section 54 8 (a)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17158(a)(1)) is amending by striking ‘‘; provided’’ and all that follows through ‘‘541(3)( B )’’. SEC. 405. AMENDMENTS TO TITLE X III OF THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007. Title XIII of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381 and fol- lowing) is amended as follows: (1) By amending subparagraph (A) of section 1304(b)(3) to read as follows: ‘‘(A) IN GENERAL.—In carrying out the initiative, the Secretary shall provide financial support to smart grid demonstration projects in urban, suburban, tribal, and rural areas, including areas where electric system assets are controlled by nonprofit entities and areas where electric system assets are controlled by investor-owned utilities.’’. (2) By amending subparagraph (C) of section 1304(b)(3) to read as follows: ‘‘(C) FEDERAL SHARE OF COST OF TECHNOLOGY INVEST- MENTS.—The Secretary shall provide to an electric utility described in subparagraph (B) or to other parties financial assistance for use in paying an amount equal to not more than 50 percent of the cost of qualifying advanced grid technology investments made by the electric utility or other party to carry out a demonstration project.’’. 42USC1738 4 .Reports . D e adlin e. N oti c e. F ederal Re g ister , p ub lication.


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 123STA T . 1 4 4 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(3)Byinsert in gaf ter se c ti o n 1 3 04 ( b )(3)( D )t h efo l lo w ing new s u b p aragraphs

‘( E ) AVAIL A B ILI TYOFD ATA .—T he S ecretary shall estab - lish an dm aintain a smart grid information clearinghouse in a timely manner which will ma k e data from smart grid demonstration pro j ects and other sources a v ailable to the public. As a condition of receiving financial assistance under this subsection , a utility or other participant in a smart grid demonstration project shall provide such information as the Secretary may re q uire to become avail- able through the smart grid information clearinghouse in the form and within the timeframes as directed by the Secretary. The Secretary shall assure that business propri- etary information and individual customer information is not included in the information made available through the clearinghouse. ‘‘( F ) OPEN P R OTO C OL S AND STANDARDS.—The Secretary shall require as a condition of receiving funding under this subsection that demonstration projects utili z e open protocols and standards (including I nternet-based protocols and standards) if available and appropriate. ’ ’. (4) By amending paragraph ( 2 ) of section 1304(c) to read as follows: ‘‘(2) to carry out subsection (b), such sums as may be necessary.’’. ( 5 ) By amending subsection (a) of section 130 6 by striking ‘‘reimbursement of one-fifth (20 percent)’’ and inserting ‘‘grants of up to one-half (50 percent)’’. (6) By striking the last sentence of subsection (b)( 9 )of section 1306. ( 7 ) By striking ‘‘are eligible for’’ in subsection (c)(1) of section 1306 and inserting ‘‘utilize’’. ( 8 ) By amending subsection (e) of section 1306 to read as follows: ‘‘(e) P ROCED U RES AND R ULES.—(1) The Secretary shall, within 60 days after the enactment of the American Recovery and Reinvest- ment Act of 2009, by means of a notice of intent and subsequent solicitation of grant proposals— ‘‘(A) establish procedures by which applicants can obtain grants of not more than one-half of their documented costs ‘‘(B) require as a condition of receiving funding under this subsection that demonstration projects utilize open protocols and standards (including Internet-based protocols and stand- ards) if available and appropriate; ‘‘( C ) establish procedures to ensure that there is no duplica- tion or multiple payment for the same investment or costs, that the grant goes to the party making the actual e x penditures for the qualifying Smart G rid investments, and that the grants made have a significant effect in encouraging and facilitating the development of a smart grid; ‘‘(D) establish procedures to ensure there will be public records of grants made, recipients, and qualifying Smart Grid investments which have received grants; and ‘‘(E) establish procedures to provide advance payment of moneys up to the full amount of the grant award. ‘‘(2) The Secretary shall have discretion and exercise reasonable judgment to deny grants for investments that do not qualify.’’. Deadlin e .Not i c e. 42USC17386 . 42 USC 17384. Clea r in gh o us e.


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 123STA T . 1 45PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9SEC.406 . R E N E WABL E E NE RGY AN D ELEC T R I C PO WER T RAN S-M ISSION L OAN GU ARANTEE PROGRAM. (a)A MENDMENT. — T itleXVI I of t h eE n e rgy Poli c yActof 2 00 5 (42 U .S. C . 1 6511 et s e q .) is a m en d ed b y adding the follo w ing at the end

‘ SEC.1705 . T E MPORA R Y PRO G RAM F OR RAP ID DEP L OYME N TOF RENE W A B LE ENERGY AND ELECTRIC POWER TRANS - MISSION PRO J ECTS. ‘ ‘(a) IN GENERAL.— N otwithstanding section 1 7 0 3, the Secretary may ma k eg u arantees under this section only for the following categories of p ro j ects that commence construction not later than September 30, 2011: ‘‘(1) Renewable energy systems, including incremental hydropower, that generate electricity or thermal energy, and facilities that manufacture related components. ‘‘(2) Electric power transmission systems, including upgrading and reconductoring projects. ‘‘(3) Leading edge biofuel projects that will use technologies performing at the pilot or demonstration scale that the Sec- retary determines are likely to become commercial technologies and will produce transportation fuels that substantially reduce life-cycle greenhouse gas emissions compared to other transpor- tation fuels. ‘‘(b) F ACTORS RELATING TO ELECTRIC POWER TRANSMISSION SYS- TEMS.—In determining to make guarantees to projects described in subsection (a)(2), the Secretary may consider the following fac- tors: ‘‘(1) The v iability of the project without guarantees. ‘‘(2) The availability of other Federal and State incentives. ‘‘(3) The importance of the project in meeting reliability needs. ‘‘(4) The effect of the project in meeting a State or region ’ s environment (including climate change) and energy goals. ‘‘(c) W AGE RATE RE Q UIREMENTS.—The Secretary shall require that each recipient of support under this section provide reasonable assurance that all laborers and mechanics employed in the perform- ance of the project for which the assistance is provided, including those employed by contractors or subcontractors, will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ‘ D avis- B acon Act’). ‘‘(d) LIMITATION.—Funding under this section for projects described in subsection (a)(3) shall not e x ceed $ 500,000,000. ‘‘(e) SUNSET.—The authority to enter into guarantees under this section shall expire on September 30, 2011.’’. (b) TABLE O F CONTENTS AMENDMENT.—The table of contents for the Energy Policy Act of 2005 is amended by inserting after the item relating to section 1704 the following new item: ‘ ‘ Sec.1705 . T e mpora r y pro g ram f or rap id dep l oyme nt of rene w a b le energy and elec - tric power tran s mission pro j ects. ’ ’. SEC. 407. WEAT H ERI Z ATION ASSISTANCE PROGRAM AMEND- MENTS. (a) INCOME LE V EL.—Section 412(7) of the Energy Conserva- tion and Production Act (42 U.S.C. 6 8 62(7)) is amended by striking ‘‘150 percent’’ both places it appears and inserting ‘‘200 percent’’. 42USC165 16.


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 123STA T . 1 46PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(b)AS S I S TANCEL E V E LP E RDW ELLIN GU NIT .—Section415 (c)(1) o f t h e E ne rgyC on s er va tion an d Prod u ction Act (4 2 U.S.C. 68 65(c)(1)) is a m ended by stri k ing ‘ ‘ $ 2, 5 0 0 ’ ’ and inserting ‘‘$6,500’’. (c) E F FECTIVE USE O F FU N D S.— I n p roviding funds made avai l- able by this Act for the W eatheri z ation Assistance Program, the Secretary may encourage States to give priority to using such funds for the most cost-effective efficiency activities, w hich may include insulation of attics, if, in the Secretary’s view, such use of funds would increase the effectiveness of the program. (d) T RAINING AND TEC H NICAL ASSISTANCE.—Section 416 of the Energy Conservation and Production Act (42 U.S.C. 6866) is amended by striking ‘‘10 percent’’ and inserting ‘‘up to 20 percent’’. (e) ASSISTANCE FOR PREVIOUSL Y WEATHERI Z ED DWELLING UNITS.—Section 415(c)(2) of the Energy Conservation and Produc- tion Act (42 U.S.C. 6865(c)(2)) is amended by striking ‘‘September 3 0,1 97 9’’ and inserting ‘‘September 30, 1994’’. SEC. 408. TECHNICAL CORRECTIONS TO PU B LIC UTILITY R EGU- LATORY POLICIES ACT OF 1978. (a) Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by redesignating paragraph (16) relating to consideration of smart grid investments (added by section 1307(a) of Public Law 110 – 140) as paragraph (18) and by redesignating paragraph (17) relating to smart grid information (added by section 1308(a) of Public Law 110–140) as paragraph (19). (b) Subsections (b) and (d) of section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) are each amended by striking ‘‘(17) through (18)’’ in each place it appears and inserting ‘‘(16) through (19)’’. SEC. 409. RENEWABLE ELECTRICITY TRANS M ISSION STUDY. In completing the 2009 N ational Electric Transmission Congestion Study, the Secretary of Energy shall include— (1) an analysis of the significant potential sources of renew- able energy that are constrained in accessing appropriate market areas by lack of ade q uate transmission capacity (2) an analysis of the reasons for failure to develop the adequate transmission capacity; (3) recommendations for achieving adequate transmission capacity; (4) an analysis of the e x tent to which legal challenges filed at the State and Federal level are delaying the construc- tion of transmission necessary to access renewable energy; and (5) an explanation of assumptions and pro j ections made in the Study, including— (A) assumptions and projections relating to energy effi- ciency improvements in each load center; ( B ) assumptions and projections regarding the location and type of projected new generation capacity; and (C) assumptions and projections regarding projected deployment of distributed generation infrastructure. SEC. 410. ADDITIONAL STATE ENERGY G RANTS. (a) IN GEN- ERAL.—Amounts appropriated under the heading ‘‘Department of Energy—Energy Programs—Energy Efficiency and Renewable Energy’’ in this title shall be available to the Secretary of Energy for making additional grants under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). The Secretary shall make grants under this section in excess of the base allocation established for a State under regulations issued pursuant to the Notif i ca tio n.


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 123STA T . 1 47PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9authoriz atio np ro v i de din s e c tion 365(f) of such A ct on ly if the g overnor of the recipient S tate notifies the Secretary of E nergy in w riting that the governor has o b tained necessary assurances that each of the following will occur ( 1 ) T he applicable State regulatory authority will see k to i m plement , in appropriate proceedings for each electric and gas utility, with respect to which the State regulatory authority has ratemaking authority, a general policy that ensures that utility financial incentives are aligned with helping their cus - tomers use energy more efficiently and that provide timely cost recovery and a timely earnings opportunity for utilities associated with cost-effective measurable and verifiable effi- ciency savings, in a way that sustains or enhances utility customers ’ incentives to use energy more efficiently . ( 2 ) The State, or the applicable units of local government that have authority to adopt building codes, will implement the following: (A) A building energy code (or codes) for residential buildings that meets or e x ceeds the most recently published I nternational Energy C onservation Code, or achieves e q uivalent or greater energy savings. ( B ) A building energy code (or codes) for commercial buildings throughout the State that meets or exceeds the A N SI / AS HR AE/IESNA Standard 90 .1 – 200 7, or achieves equivalent or greater energy savings. (C) A plan for the j urisdiction achieving compliance with the building energy code or codes described in sub- paragraphs (A) and (B) within 8 years of the date of enact- ment of this Act in at least 90 percent of new and renovated residential and commercial building space. Such plan shall include active training and enforcement programs and measurement of the rate of compliance each year. (3) The State will to the extent practicable prioritize the grants toward funding energy efficiency and renewable energy programs, including — (A) the expansion of existing energy efficiency pro- grams approved by the State or the appropriate regulatory authority, including energy efficiency retrofits of buildings and industrial facilities, that are funded— (i) by the State or (ii) through rates under the oversight of the applicable regulatory authority, to the extent applicable; (B) the expansion of existing programs, approved by the State or the appropriate regulatory authority, to sup- port renewable energy projects and deployment activities, including programs operated by entities which have the authority and capability to manage and distribute grants, loans, performance incentives, and other forms of financial assistance; and (C) cooperation and joint activities between States to advance more efficient and effective use of this funding to support the priorities described in this paragraph. (b) S TA T EM AT CH .—The State cost share requirement under the item relating to ‘ ‘ D epartment of Energy; Energy Conservation’’ in title II of the Department of the Interior and Related Agencies Deadlin e .


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 123STA T . 1 48PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9Ap p ro pr iat io ns A c t ,1985(42U.S . C . 63 23a 98 Stat. 1861 ) s h a l l not appl y to assistanc e pro v i d ed u nder this section. (c) EQUIPMENTA N DM ATE R IA LSFO R ENER GY EFFI C IENCY MEAS - URES AND R ENE W A B LE ENERGY MEASURES. —N oli m itation on the percenta g eo f funding that may b e used for the purchase and installation of e q uipment and materials for energy efficiency meas- ures and rene w able energy measures under grants provided under part D of title I II of the Energy P olicy and Conservation Act (42 U.S.C. 6321 et seq.) shall apply to assistance provided under this section. T IT L E V — F INANCIAL SERVICES AND G ENERAL G O VERNMENT DEPARTMENT OF T H E TREASUR Y TREASURY INSPECTOR GENERAL FOR TA X ADMINISTRATION SALARIES AND EXPENSES For an additional amount for necessary e x penses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 19 7 8, $ 7, 0 00,000, to remain avail- able until September 30, 2013, for oversight and audits of the administration of the ma k ing work pay tax credit and economic recovery payments under the American Recovery and Reinvestment Act of 2009. COMMUNITY DE V ELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM ACCOUNT For an additional amount for ‘ ‘Community Development Finan- cial Institutions Fund Program Account ’ ’, $100,000,000, to remain available until September 30, 2010, for qualified applicants under the fiscal year 2009 funding round of the Community Development Financial Institutions Program, of which up to $8,000,000 may be for financial assistance, technical assistance, training and out- reach programs designed to benefit Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified community development lender organi z ations with experience and expertise in community development banking and lending in Indian country, Native American organizations, tribes and tribal organizations and other suitable providers and up to $2,000,000 may be used for administrative expenses
 * Provide

d , That for the purpose of the fiscal year 2009 funding round, the following statutory provisions are hereby waived: 12 U.S.C. 4707(e) and 12 U.S.C. 4707(d): Provided fu r th er, That no awardee, together with its subsidiaries and affiliates, may be awarded more than 5 percent of the aggregate funds available during fiscal year 2009 from the Community Development Financial Institutions Program: Provided further, That no later than 60 days after the date of enactment of this Act, the Department of the Treasury shall submit to the Committees on Appropriations of the House of Representa- tives and the Senate a detailed expenditure plan for funds provided under this heading. Deadlin e .Exp endi tur e plan. W ai v er.


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 123STA T . 1 49PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 INTER N ALR E V EN U E S ERV IC E H EALTH IN S URANCE TA X CRE D IT AD M INISTRATI O N Foran a d d it iona l a m o u nttoim p l e ment t h e health in s uran c e ta x credit under the TA A H ealth C o v era g e Improvement Act o f20 0 9,$8 0,000,000, to remain availa b le until September 3 0, 20 1 0 .GEN ERA L SER V ICES A DM INISTRATI O N REAL P RO P ERT Y ACTIVITIES F EDERAL B UILDIN G S FUND LIMITATIONS ON AVAILABILITY OF REVENUE ( INCLUDING TRANSFER OF FUNDS ) For an additional amount to be deposited in the Federal B uildings Fund, $ 5 ,550,000,000, to carr y out the purposes of the Fund, of w hich not less than $ 7 50,000,000 shall be available for Federal buildings and U nited States courthouses, not less than $300,000,000 shall be available for border stations and land ports of entry, and not less than $ 4 ,500,000,000 shall be available for measures necessary to convert GSA facilities to High - Performance Green Buildings, as defined in section 401 of Public Law 110 – 140
 * Provide

d , That not to exceed $108,000,000 of the amounts provided under this heading may be expended for rental of space, related to leasing of temporary space in connection with pro j ects funded under this heading: Provided fu r th er, That not to exceed $127,000,000 of the amounts provided under this heading may be expended for building operations, for the administrative costs of completing projects funded under this heading: Provided further, That not to exceed $3,000,000 of the funds provided shall be for on-the-job pre-apprenticeship and apprenticeship training programs registered with the Department of Labor, for the construction, repair, and alteration of Federal buildings: Provided further, That not less than $5,000,000,000 of the funds provided under this heading shall be obligated by September 30, 2010, and the remainder of the funds provided under this heading shall be obli- gated not later than September 30, 2011: Provided further, That the Administrator of General Services is authori z ed to initiate design, construction, repair, alteration, and other projects through existing authorities of the Administrator: Provided further, That the General Services Administration shall submit a detailed plan, by project, regarding the use of funds made available in this Act to the Committees on Appropriations of the House of Representa- tives and the Senate within 45 days of enactment of this Act, and shall provide notification to the Committees within 15 days prior to any changes regarding the use of these funds: Provided further, That, hereafter, the Administrator shall report to the Committees on the obligation of these funds on a q uarterly basis beginning on J une 30, 2009: Provided further, That of the amounts provided, $4,000,000 shall be transferred to and merged with ‘ ‘Government- W ide Policy ’ ’, for the Office of Federal High-Perform- ance Green Buildings as authorized in the Energy Independence and Security Act of 2007 ( Public Law 110–140 )
 * Provided further,

That amounts provided under this heading that are savings or cannot be used for the activity for which originally obligated may Deadlin e .Not i f i c ation. R e p o r t s . Deadlines. P lans. Deadlines. Notification. Deadlines.


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 123STA T . 1 50PUBLIC LA W 111 – 5 —FE B.1 7, 200 9bed e o b ligat eda n d , not w it hs tanding an y othe rp ro v ision o f law, reobligated for the p u rposes identified in the plan re q uired under this heading not less than 15 days after notifi c ation has been provided to the C o m mittees on A ppropriations of the H ouse of R epresentatives and the S enate .ENERGY- E F F IC IEN TF E D ER ALMO TOR V E H ICLE FLEET P ROC U RE M ENT For capital e x penditures and necessary expenses of acquiring motor vehicles with higher fuel economy, including hybrid vehicles electric vehicles; and commercially-available, plug-in hybrid vehicles, $30 0,000,000, to remain available until September 30, 2 011: Provide d, T hat none of these funds may be obligated until the Administrator of G eneral Services submits to the Committees on Appropriations of the House of Representatives and the Senate, within 9 0 days after enactment of this Act, a plan for expenditure of the funds that details the current inventory of the Federal fleet owned by the General Services Administration, as well as other Federal agencies, and the strategy to expend these funds to replace a portion of the Federal fleet with the goal of substantially increasing energy efficiency over the current status, including increasing fuel efficiency and reducing emissions: Provided fu r th er, That, hereafter, the Administrator shall report to the Committees on the obligation of these funds on a quarterly basis beginning on September 30, 2009. O FFICE OF I N SP ECTOR GENERAL For an additional amount for the Office of the Inspector Gen- eral, to remain available until September 30, 2013, for oversight and audit of programs, grants, and pro j ects funded under this title, $ 7 ,000,000. RECOVER Y ACT ACCO UN TA B I L ITY AN D TRANSPARENCY BOARD For necessary expenses of the Recovery Act Accountability and Transparency Board to carry out the provisions of title X Vof this Act, $ 84 ,000,000, to remain available until September 30, 2011. SMALL BUSINESS ADMINISTRATION SALARIES AND E X PENSES For an additional amount, to remain available until September 30, 2010, $ 6 9,000,000, of which $24,000,000 is for mar k eting, management, and technical assistance under section 7 ( m ) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make microloans under the microloan program, and of which $20,000,000 is for improving, streamlining, and automating information technology systems related to lender processes and lender oversight: Provided , That no later than 60 days after the date of enactment of this Act, the Small Business Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under the heading ‘ ‘Small Business Administra- tion ’ ’ in this Act. Deadlin e .Exp endi tur e plan. R ep o rt s . Deadlines. Deadline. Expenditure plan.


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 123STA T . 1 5 1 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9OF F ICEO F INSP EC T O RG ENER ALForan a d d it iona l a m o u nt f ort he Offi c eofIn sp ector General in carr y in g out the pro v isions of the Inspector General A ct of 1978,$ 1 0 ,000,000, to remain availa b le until S eptember 3 0, 2 013, for oversight and audit of programs, grants, and pro j ects funded under this title . S U RET YB ON D GUARANTEES R E V OLVIN G FUND For additional capital for the Surety Bond Guarantees Revolving Fund, authori z ed by the Small Business Investment Act of 19 5 8, $15,000,000, to remain available until e x pended. BUSINESS L OANS P ROGRA M ACCOUNT For an additional amount for the cost of direct loans, $ 6 ,000,000, to remain available until September 30, 2010, and for an additional amount for the cost of guaranteed loans, $630,000,000, to remain available until September 30, 2010
 * Pro-vide

d ,T hat of the amount for the cost of guaranteed loans, $375,000,000 shall be for reimbursements, loan subsidies and loan modifications for loans to small business concerns authorized in section 501 of this title and $255,000,000 shall be for loan subsidies and loan modifications for loans to small business concerns author - ized in section 506 of this title: Provided fu r th er, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the C ongressional Budget Act of 197 4 . ADMINISTRATIVE PROVISIONS — SMALL BUSINESS ADMINISTRATION SEC. 501. FEE REDUCTIONS. ( a ) ADMINISTRATIVE PROVISIONS SMALL BUSINESS ADMINISTRATION.— U ntil September 30, 2010, and to the extent that the cost of such elimination or reduction of fees is offset by appropriations, w ith respect to each loan guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and section 502 of this title, for which the application is approved on or after the date of enactment of this Act, the Administrator shall— (1) in lieu of the fee otherwise applicable under section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)), collect no fee or reduce fees to the maximum extent possible; and (2) in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the Small Business Act (15 U.S.C. 636(a)(18)(A)), collect no fee or reduce fees to the maximum extent possible. (b) TEMPORARY FEE E LIMINATION FOR T H E 504 LOAN PRO- GRAM.— (1) IN GENERAL.—Until September 30, 2010, and to the extent the cost of such elimination in fees is offset by appropria- tions, with respect to each project or loan guaranteed by the Administrator pursuant to title V of the Small Business Invest- ment Act of 1958 (15 U.S.C. 695 et se q .) for which an application is approved or pending approval on or after the date of enact- ment of this Act— (A) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business


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The New International Encyclopædia/Civil Procedure

CIVIL PROCEDURE. Legal procedure — the process whereby legal rights are protected and enforced, and violations of private or public rights punished. As commonly employed in English and American law, however, the term ‘civil’ refers to private as distinguished from public rights, and civil procedure would not include the processes of the tribunals in protecting the peace and vindicating the dignity of the State, i.e. criminal procedure. Neither does it cover any administrative process of the State, nor diplomatic or other action for the purpose of protecting the interests of citizens or subjects in foreign lands. See ; .


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 123STA T . 1 5 2 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9Investm ent Ac t of1958( 15 U.S . C . 6 9 7 ( d) ( 2 )), co l lect no fee ( B ) a develo p ment compan y s h all, i n lie u ofthep r oc - essin g fee under section 12 0 .971(a)(1) of title 1 3, Code of F ederal R egulations (relating to fees paid b y borro w ers), or any successor thereto, collect no fee. (2) R EIMBURS EME NTFO R WA I V E D FEES. — (A) IN G ENERA L .— T othee x tent that the cost of such payments is offset by appropriations, the Administrator shall reimburse each development company that does not collect a processing fee pursuant to paragraph (1)(B). (B) AMOUNT.—The payment to a development company under subparagraph (A) shall be in an amount e q ual to 1.5 percent of the net debenture proceeds for which the development company does not collect a processing fee pursuant to paragraph (1)(B). (c) A P PLI C ATION OF FEE E LIMINATIONS.— (1) To the extent that amounts are made available to the Administrator for the purpose of fee eliminations or reduc- tions under subsection (a), the Administrator shall— (A) first use any amounts provided to eliminate or reduce fees paid by small business borrowers under clauses (i) through (iii) of paragraph (18)(A), to the maximum extent possible; and (B) then use any amounts provided to eliminate or reduce fees under paragraph (23)(A) paid by small business lenders with assets less than $ 1,000,000,000 as of the date of enactment; and (C) then use any remaining amounts appropriated under this title to reduce fees paid by small business lenders other than those with assets less than $1,000,000,000. (2) The Administrator shall eliminate fees under sub- sections (a) and (b) until the amount provided for such purposes, as applicable, under the heading ‘ ‘Business L oans P rogram Account ’ ’ under the heading ‘‘Small Business Administration’’ under this Act are expended. SEC. 502. ECONOMIC STIMULUS LENDING PROGRAM FOR SMALL BUSINESSES. (a) PURPOSE.—The purpose of this section is to permit the Small Business Administration to guarantee up to 90 percent of qualifying small business loans made by eligible lenders. (b) D EFINITIONS.—For purposes of this section (1) The term ‘‘Administrator’’ means the Administrator of the Small Business Administration. (2) The term ‘‘qualifying small business loan’’ means any loan to a small business concern pursuant to section 7(a) of the Small Business Act (15 U.S.C. 636) or title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 and following) except for such loans made under section 7(a)(31). (3) The term ‘‘small business concern’’ has the same meaning as provided by section 3 of the Small Business Act (15 U.S.C. 632). (c) Q UALIFIED BORROWERS.— (1) ALIENS UNLAWFULL Y PRESENT IN T H E UNITED STATES.— A loan guarantee may not be made under this section for a loan made to a concern if an individual who is an alien unlawfully present in the United States—


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 123STA T . 1 5 3 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9(A)has a now n er sh ip in t erest in that c oncern or ( B ) has an ownership interest in another concern that itse lf has an ownership interest in that concern . ( 2 ) FIRMS I NV I OLAT ION O F IMMI G RATION LA W S. —N o loan gu arantee m a yb ema d e under this section for a loan to any entity found , based on a determination by the S ecretary of H omeland Security or the Attorney G eneral to ha v e engaged in a pattern or practice of hiring, recruiting or referring for a fee, for employment in the U nited States an alien k nowing the person is an unauthori z ed alien. (d) C RIMINAL BA CK GRO U N D C HE CKS.— P rior to the approval of any loan guarantee under this section, the Administrator may verify the applicant ’ s criminal background, or lack thereof, through the best available means, including, if possible, use of the National Crime I nformation Center computer system at the Federal Bureau of Investigation. (e) A P PLICATION OF O THER L AW.—Nothing in this section shall be construed to e x empt any activity of the Administrator under this section from the Federal Credit R eform Act of 19 9 0 (title V of the Congressional Budget and Impoundment Control Act of 19 74 6 61 and following). (f) SUNSET.—Loan guarantees may not be issued under this section after the date 12 months after the date of enactment of this Act. (g) SMALL BUSINESS ACT PROVISIONS.— T he provisions of the Small Business Act applicable to loan guarantees under section 7 of that Act and regulations promulgated thereunder as of the date of enactment of this Act shall apply to loan guarantees under this section except as otherwise provided in this section. (h) AUTHORI Z ATION.—There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 5 0 3 . E STA B LISHMENT OF SBA SECONDAR YM ARKET GUAR - ANTEE AUTHORITY. (a) PURPOSE.—The purpose of this section is to provide the Administrator with the authority to establish the SBA Secondary Market Guarantee Authority within the SBA to provide a Federal guarantee for pools of first lien 504 loans that are to be sold to third-party investors. (b) D EFINITIONS.—For purposes of this section (1) The term ‘ ‘Administrator’’ means the Administrator of the Small Business Administration. (2) The term ‘‘first lien position 504 loan’’ means the first mortgage position, non-federally guaranteed loans made by pri- vate sector lenders made under title V of the Small Business Investment Act. (c) ESTABLISHMENT OF AUTHORITY.— (1) ORGANIZATION.— (A) The Administrator shall establish a Secondary Market Guarantee Authority within the Small Business Administration. (B) The Administrator shall appoint a Director of the Authority who shall report to the Administrator. (C) The Administrator is authorized to hire such per- sonnel as are necessary to operate the Authority and may contract such operations of the Authority as necessary to q ualified third party companies or individuals. Ap p licab ili ty.
 * 2 U.S.C.


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 123STA T . 1 54PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9(D)TheAdmin i stra t o risa u thori z ed to c ontract w ith p ri v ate sector f iduciar y and custom dia l a g ents as necessary to operate the Authority . ( 2 ) GUAR A NTE E P R OC E S S. — (A) The Administrator shall esta b lish , by rule, a process in which private sector entities may apply to the Administration for a F ederal guarantee on pools of first lien position 504 loans that are to be sold to third - party investors. ( B ) The Administrator is authorized to contract with private sector fiduciary and custom dial agents as necessary to operate the Authority. ( 3 ) R ESPONS IB I L ITIES.— (A) The Administrator shall establish, by rule, a process in which private sector entities may apply to the S BA for a Federal guarantee on pools of first lien position 504 loans that are to be sold to third-party investors. (B) The rule under this section shall provide for a process for the Administrator to consider and ma k e decisions regarding whether to e x tend a Federal guarantee referred to in clause (i). Such rule shall also provide that (i) The seller of the pools purchasing a guarantee under this section retains not less than 5 percent of the dollar amount of the pools to be sold to third- party investors. (ii) The Administrator shall charge fees, upfront or annual, at a specified percentage of the loan amount that is at such a rate that the cost of the program under the Federal C redit Reform Act of 19 90 (title V of the Congressional Budget and I mpoundment Con- trol Act of 19 7 4 2 U .S.C. 6 61) shall be e q ual to zero. (iii) The Administrator may guarantee not more than $ 3,000,000,000 of pools under this authority. (C) The Administrator shall establish documents, legal covenants, and other required documentation to protect the interests of the United States. (D) The Administrator shall establish a process to receive and disburse funds to entities under the authority established in this section. (d) L I M ITATIONS.— (1) The Administrator shall ensure that entities purchasing a guarantee under this section are using such guarantee for the purpose of selling 504 first lien position pools to third- party investors. (2) If the Administrator finds that any such guarantee was used for a purpose other than that specified in paragraph (1), the Administrator shall— (A) prohibit the purchaser of the guarantee or its affili- ates (within the meaning of the regulations under 13 CFR 121.103) from using the authority of this section in the future; and (B) take any other actions the Administrator, in con- sultation with the Attorney General of the United States deems appropriate. (e) OV ERSI GH T.—The Administrator shall submit a report to Congress not later than the third business day of each month setting forth each of the following: Reports.D e adlin es. Re gu lations. Regulations.


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 123STA T . 1 5 5 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9(1)Theag g r ega t ea moun to f guarantee s e x ten d ed under th i sse c tion during the p receding month . ( 2 ) The aggregate amount of guarantees outstanding. ( 3 ) D efau l ts and pa y ments on defaults made under this section. ( 4 ) The identity of each purchaser of a guarantee found b y the A dministrator to ha v e misused guarantees under this section. ( 5 ) Any other information the Administrator deems nec - essary to fully inform C ongress of undue ris k to the U nited S tates associated w ith the issuance of guarantees under this section. (f) D URATION O FP RO G RA M . — The authority of this section shall terminate on the date 2 years after the date of enactment of this section. (g) F UN D ING.—Such sums as necessary are authori z edtobe appropriated to carry out the provisions of this section. (h) B UDG E T TREATMENT.— N othing in this section shall be con- strued to exempt any activity of the Administrator under this section from the Federal Credit R eform Act of 1 9 9 0 (title V of the Congressional Budget and I mpoundment Control Act of 19 7 4 2 U.S.C. 6 61 and following). (i) E MERGEN CY RU L EMA K ING AUT H ORITY.—The Administrator shall issue regulations under this section within 15 days after the date of enactment of this section. The notice re q uirements of section 553(b) of title 5 , United States Code shall not apply to the promulgation of such regulations. SEC. 504. STIMULU S FOR COMMUNITY DE V ELO P MENT L ENDING. (a) LO W INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM.—Section 502 of the Small Business Investment Act of 195 8 (15 U.S.C. 696) is amended by adding at the end the following

‘(7) PERMISSI B LE DEBT REFINANCING.— ‘‘(A) IN GENERAL.—Any financing approved under this title may include a limited amount of debt refinancing. ‘‘(B) E X PANSIONS.—If the pro j ect involves expansion of a small business concern, any amount of existing indebt- edness that does not exceed 50 percent of the project cost of the expansion may be refinanced and added to the expan- sion cost, if— ‘‘(i) the proceeds of the indebtedness were used to acquire land, including a building situated thereon, to construct a building thereon, or to purchase equip- ment; ‘‘(ii) the existing indebtedness is collateralized by fixed assets; ‘‘(iii) the existing indebtedness was incurred for the benefit of the small business concern; ‘‘(iv) the financing under this title will be used only for refinancing existing indebtedness or costs relating to the project financed under this title; ‘‘(v) the financing under this title will provide a substantial benefit to the borrower when prepayment penalties, financing fees, and other financing costs are accounted for; Deadlin e s.


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 123STA T . 1 56PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9‘ ‘ (vi)thebor ro w erh as bee ncu rrent on a l l p a y-m ents d ueonthee x istin g debt f or not less than 1 year preceding the date of refinancing and ‘‘(vii) the financing under section 504 will provide better terms or rate of interest than the existing indebtedness at the time of refinancing .’ ’. (b) JOBCREATI O NG OA LS . —S ection 501(e)(1) and section 501(e)( 2 ) of the Small B usiness I nvestment A ct (15 U .S.C. 69 5) are each amended by stri k ing ‘‘ $ 50, 000’’ and inserting ‘‘$65,000’’. SE C . 505. INCREASIN G S M ALL B U SINESS IN V ESTMENT. (a) SIM- P LI F IE DM A X IMUM L EVERAGE LIMITS.—Section 3 03(b) of the Small Business Investment Act of 195 8 (15 U.S.C. 683(b)) is amended as follows (1) By striking so much of paragraph (2) as precedes sub- paragraphs (C) and ( D ) and inserting the following: ‘‘(2) MAXIMUM LEVERAGE.— ‘‘(A) IN GENERAL.— T he maximum amount of out- standing leverage made available to any one company licensed under section 301(c) of this Act may not exceed the lesser of— ‘‘(i) 300 percent of such company’s private capital; or ‘‘(ii) $150,000,000. ‘‘(B) MULTIPLE LICENSES UNDER COMMON CONTROL.— The maximum amount of outstanding leverage made avail- able to two or more companies licensed under section 301(c) of this Act that are commonly controlled (as determined by the Administrator) and not under capital impairment may not exceed $225,000,000.’’; (2) By amending paragraph (2)(C) by inserting ‘‘(i)’’ before ‘‘In calculating’’ and adding the following at the end thereof: ‘‘(ii) The maximum amount of outstanding leverage made available to— ‘‘(I) any 1 company described in clause (iii) may not exceed the lesser of 300 percent of private capital of the company, or $1 7 5,000,000; and ‘‘(II) 2 or more companies described in clause (iii) that are under common control (as determined by the Administrator) may not exceed $250,000,000. ‘‘(iii) A company described in this clause is a com- pany licensed under section 301(c) in the first fiscal year after the date of enactment of this clause or any fiscal year thereafter that certifies in writing that not less than 50 percent of the dollar amount of invest- ments of that company shall be made in companies that are located in a low-income geographic area (as that term is defined in section 351).’’. (3) By striking paragraph (4). (b) SIMPLIFIED AGGREGATE INVESTMENT LIMITATIONS.—Section 306(a) of the Small Business Investment Act of 1958 (15 U.S.C. 686(a)) is amended to read as follows: ‘‘(a) P ERCENTAGE LIMITATION ON PRIVATE CAPITAL.—If any small business investment company has obtained financing from the Administrator and such financing remains outstanding, the aggregate amount of securities ac q uired and for which commitments may be issued by such company under the provisions of this title


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 123STA T . 1 57PUBLIC LA W 111 – 5 —FE B. 17 , 2 0 0 9foranysi n gle en t er p rise s h all not ,w itho u t the appro v al of the Adm inistrator, e xc eed 10 percent of the sum of —‘ ‘ ( 1 ) the private capital of such company and ‘‘( 2 ) the total amount of leverage pro j ected b y the company in the company ’ s business plan that was approved by the Administrator at the time of the grant of the company’s license . ’’. (c) INVESTM ENTS I N S M AL LE RE NTER P RISES.—Section 3 03(d) of the Small B usiness Investment Act of 1 958 (15 U .S. C . 6 83(d)) is amended to read as follows ‘‘(d) INVESTMENTS IN SMALLER ENTERPRISES.— T he Adminis - trator shall re q uire each licensee, as a condition of approval of an application for leverage, to certify in writing that not less than 25 percent of the aggregate dollar amount of financings of that licensee shall be provided to smaller enterprises.’’. SE C . 506.B U SINESS STA B ILI Z ATI O N P RO G RAM. (a) IN G ENERAL.— Subject to the availability of appropriations, the Administrator of the Small Business Administration shall carry out a program to provide loans on a deferred basis to viable (as such term is deter- mined pursuant to regulation by the Administrator of the Small Business Administration) small business concerns that have a quali- fying small business loan and are experiencing immediate financial hardship. (b) ELIGIBLE BORRO W ER.—A small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632). (c) Q UALI FY ING SMALL BUSINESS L OAN.—A loan made to a small business concern that meets the eligibility standards in sec- tion 7 (a) of the Small Business Act (15 U.S.C. 636(a)) but shall not include loans guarantees (or loan guarantee commitments made) by the Administrator prior to the date of enactment of this Act. (d) LOAN SIZE.—Loans guaranteed under this section may not exceed $ 35,000. (e) PURPOSE.—Loans guaranteed under this program shall be used to ma k e periodic payment of principal and interest, either in full or in part, on an existing qualifying small business loan for a period of time not to exceed 6 months. (f) LOAN TERMS.—Loans made under this section shall: (1) carry a 100 percent guaranty; and (2) have interest fully subsidi z ed for the period of repay- ment. (g) R EPAYMENT.—Repayment for loans made under this section shall— (1) be amortized over a period of time not to exceed 5 years; and (2) not begin until 12 months after the final disbursement of funds is made. (h) COLLATERAL.—The Administrator of the Small Business Administration may accept any available collateral, including subordinated liens, to secure loans made under this section. (i) F EES.—The Administrator of the Small Business Administra- tion is prohibited from charging any processing fees, origination fees, application fees, points, brokerage fees, bonus points, prepay- ment penalties, and other fees that could be charged to a loan applicant for loans under this section. (j) SUNSET.—The Administrator of the Small Business Adminis- tration shall not issue loan guarantees under this section after September 30, 2010. Ef f ectiv e da te .C e r tificati on .


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 123STA T . 1 58PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9(k)EMERG E NCYRUL EM AKI NG A U THO RITY .—The A dmin i stra t o r o f the S ma l l Bu siness Administration shall issue re g ulations under this se c tion w ithin 15 da y s after the date of enactment of this section. The notice re q uirements of section 55 3 ( b )oftitle5 ,U nited States C ode shall not a p ply to the promulgation of such regulations. SEC.507 . GAOR E P OR T . (a) RE P ORT.— N ot later than 60 days after the enactment of this Act, the Comptroller G eneral of the United States shall report to the Congress on the actions of the Administrator in implementing the authorities established in the administrati v e provisions of this title. (b) I NCLU D ED ITEM.—The report under this section shall include a summary of the activity of the Administrator under this title and an analysis of whether he is accomplishing the purpose of increasing liquidity in the secondary market for Small Business Administration loans. SEC. 50 8 .S U RET YB O ND S. (a) M A X IMUM BOND AMOUNT .— Section 4 11(a)(1) of the Small Business Investment Act of 1 9 5 8 (15 U.S.C. 694b(a)(1)) is amended— (1) by inserting ‘ ‘(A) ’ ’ after ‘‘(1)’’ ( 2 ) by striking ‘‘ $ 2,000,000’’ and inserting ‘‘$5,000,000’’; and (3) by adding at the end the following ‘‘(B) The Administrator may guarantee a surety under s ubparagraph (A) for a total work order or contract amount that does not e x ceed $10,000,000, if a contracting officer of a F ederal agency certifies that such a guarantee is necessary.’’. (b) D ENIAL O FL IA B ILITY— Section 411 of the Small Business Investment Act of 1958 (15 U.S.C. 694b) is amended— (1) by striking subsection (e) and inserting the following: ‘‘(e) REIMBUR S EMENT OF SURETY; CONDITIONS.— P ursuant to any such guarantee or agreement, the Administration shall reimburse the surety, as provided in subsection (c) of this section, except that the Administration shall be relieved of liability (in whole or in part within the discretion of the Administration) if— (1) the surety obtained such guarantee or agreement, or applied for such reinbursement, by fraud or material misrepre - sentation, (2) the total contract amount at the time of execution of the bond or bonds exceeds $5,000,000, (3) the surety has breached a material term or condition of such guarantee agreement, or (4) the surety has substantially violated the regulations promulgated by the Administration pursuant to subsection (d).’’ (2) by adding at the end the following: ‘‘(k) For bonds made or executed with the prior approval of the Administration, the Administration shall not deny liability to a surety based upon material information that was provided as part of the guaranty application.’’. (c) SI Z E STANDARDS.—Section 410 of the Small Business Invest- ment Act of 1958 (15 U.S.C. 694a) is amended by adding at the end the following: ‘‘(9) Notwithstanding any other provision of law or any rule, regulation, or order of the Administration, for purposes Deadlin e .


text: Dictionary of National Biography, 1885-1900/Monteith, William


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 123STA T . 1 59PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 09 ofsecti o n s 410, 411, a n d 41 2 t h ete rm‘ sma l l bu siness concern ’ means a business concern that meets the si z e standard for the p rimar y industry in w hich such business concern, and the affiliates of such business concern, is en g aged, as deter - mined by the A dministrator in accordance with the N orth Amer- ican I ndustry C lassification S ystem . ’’. ( d ) S TUDY—T he Administrator of the Small B usiness Adminis- tration shall conduct a study of the current funding structure of the surety bond program carried out under part B (1 5U .S.C. 69 4aetse q .) of title I V of the Small Business In v estment Act of 195 8 . The study shall include-- (1) an assessment of whether the program’s current funding framewor k and program fees are inhibiting the program’s growth (2) an assessment of whether surety companies and small business concerns could benefit from an alternative funding structure; and (e) REPOR T—Not later than 180 days after the date of enact- ment of this Act, the Administrator shall submit to Congress a report on the results of the study required under subsection (d). (f) SU NS ET.—The amendments made by this section shall remain in effect until September 3 0, 2010. SEC.509 . ES TABLI S HM E N T OF SBA SECON D A RY MAR K ET LENDIN G A U THORITY. (a) P URPOSE.—The purpose of this section is to provide the Small Business Administration with the authority to establish a Secondary M arket L ending Authority within the SBA to make loans to the systemically important SBA secondary market broker- dealers who operate the SBA secondary market. (b) D E FI NITIONS.— F or purposes of this section (1) The term ‘‘Administrator’’ means the Administrator of the SBA. (2) The term ‘‘SBA’’ means the Small Business Administra- tion. (3) The terms ‘‘Secondary Market Lending Authority’’ and ‘‘Authority’’ mean the office establishedunder subsection (c). (4) The term ‘‘SBA secondary market’’ meansthe market for the purchase and sale of loans originated, underwritten, and closed under the Small Business Act. (5) The term ‘‘Systemically Important Secondary Market Broker-Dealers’’ mean those entities designated under sub- section (c)(1) as vital to the continued operation of the SBA secondary market by reason of their purchase and sale of the government guaranteed portion of loans, or pools of loans,originated, underwritten, and closed under the Small Business Act. (c) RESPONSI B I L ITIES, AUT H ORITIES, O R GA NI Z ATION, AND LI M ITA- TIONS.— (1) DESIGNATION OF SYSTEMI C ALLY IMPORTANT SBA SEC- ONDARY MAR K ET BROKER-DEALERS.—The Administrator shall establish a process to designate, in consultation with the Board of G overnors of the Federal Reserve and the Secretary of the Treasury, Systemically Important Secondary Market Broker- Dealers. (2) E STABLISHMENT OF SBA SECONDARY MARKET LENDING AUTHORITY.— 15USC694anote.


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 123STA T . 1 60PUBLIC LA W 111 –5—FE B.1 7, 200 9(A)ORGANIZ A T I O N .— ( i ) The A dm i n i stra t o r sha l l esta b lish w ithin the SB Aano f fi c eto p ro v ide loans to S y stemically I mpor - tant Secondary M ar k et Broker-dealers to be u sed for the purpose of financin g the inventory of the govern- ment guaranteed portion of loans , originated, under- written, and closed under the Small Business Act or pools of such loans. (ii) The Administrator shall appoint a D irector of the Authority who shall report to the Administrator. (iii) The Administrator is authori z ed to hire such personnel as are necessary to operate the Authority. (iv) The Administrator may contract such Authority operations as he determines necessary to q ualified third-party companies or individuals. (v) The Administrator is authorized to contract with private sector fiduciary and custodial agents as necessary to operate the Authority. (B) L OAN S .— (i) The Administrator shall establish by rule a process under which Systemically Important SBA Sec- ondary Market Broker-Dealers designated under para- graph ( 1 ) may apply to the Administrator for loans under this section. (ii) The rule under clause (i) shall provide a process for the Administrator to consider and make decisions regarding whether or not to e x tend a loan applied for under this section. Such rule shall include provi- sions to assure each of the following (I) That loans made under this section are for the sole purpose of financing the inventory of the govern ment guaranteed portion of loans, originated, underwritten, and closed under the Small Business Act or pools of such loans. (II) That loans made under this section are fully collateralized to the satisfaction of the Administrator. (III) That there is no limit to the frequency in which a borrower may borrow under this section unless the Administrator determines that doing so would create an undue risk of loss to the agency or the U nited States. (I V ) That there is no limit on the size of a loan, sub j ect to the discretion of the Administrator. (iii) Interest on loans under this section shall not exceed the F ederal Funds target rate as established by the Federal R eserve Board of G overnors plus 25 basis points. (iv) The rule under this section shall provide for such loan documents, legal covenants, collateral requirements and other required documentation as nec- essary to protect the interests of the agency, the United States, and the taxpayer. (v) The Administrator shall establish custodial accounts to safeguard any collateral pledged to the SBA in connection with a loan under this section. Regulations.


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Page:United States Statutes at Large Volume 123.djvu/181

 123STA T . 1 6 1 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(vi)TheAdm i n i stra t o r sha l l esta b lish a p ro c ess to disb u rse and receive f unds to and from borro w ers under this section . ( C ) LIM I TA TI ONS ON U S E O F LOAN PR O C EE D S BYS YSTEMICA L LY I M P ORTANT SECONDARY M AR K ET B ROKER -D EALERS. — The Adminis- trator shall ensure that borrowers under this section are usin g funds provided under this section onl y for the purpose specified in subparagraph (B)(ii)(I). If the Administrator finds that such funds were used for any other purpose , the Administrator shall— (i) re q uire immediate repayment of outstanding loans (ii) prohibit the borrower, its affiliates, or any future cor- porate manifestation of the borrower from using the Authority; and (iii) ta k e any other actions the Administrator, in consulta- tion with the Attorney G eneral of the U nited States, deemsappropriate. (d) R EPORT TO CON G RESS .—The Administrator shall submit a report to Congress not later than the third business day of each month containing a statement of each of the following ( 1 ) The aggregate loan amounts e x tended during the pre- ceding month under this section. ( 2 ) The aggregate loan amounts repaid under this section during the proceeding month. ( 3 ) The aggregate loan amount outstanding under this sec- tion. ( 4 ) The aggregate value of assets held as collateral under this section; ( 5 ) The amount of any defaults or delinquencies on loans made under this section. ( 6 ) The identity of any borrower found by the Administrator to misuse funds made available under this section. ( 7 ) Any other information the Administrator deems nec- essary to fully inform Congress of undue risk of financial loss to the United States in connection with loans made under this section. (e) DURATION.—The authority of this section shall remain in effect for a period of 2 years after the date of enactment of this section. (f) F EES.—The Administrator shall charge fees, up front, annual, or both at a specified percentage of the loan amount that is at such a rate that the cost of the program under the Federal Credit Reform Act of 1 9 9 0 ((title V of the Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661) shall be equal to z ero. (h) BUDGET TREATMENT.— N othing in this section shall be con- strued to exempt any activity of the Administrator under this section from the Federal Credit Reform Act of 1990 (title V of the Congressional Budget and Im poundment Control Act of 1974; 2 U.S.C. 661 and following). (i) E MERGENCY RULEMAKING AUT H ORITY.—The Administrator shall promulgate regulations under this section within 30 days after the date of enactment of enactment of this section. In promul- gating these regulations,the Administrator the notice requirements of section 553(b) of title 5 of the United States Code shall not apply. Deadlin e.