Clerk session vote number: 70
Description: Making supplemental appropriations for fiscal year ending 2009
Bill summary: (This measure has not been amended since the conference report was filed in the House on February 12, 2009. The summary of that version is repeated here.)
American Recovery and Reinvestment Act of 2009 -
(Sec. 5) Designates each amount in this Act as: (1) an emergency requirement, necessary to meet certain emergency needs in accordance with the FY2008-FY2009 congressional budget resolutions; and (2) an emergency for Pay-As-You-Go (PAYGO) principles.
Division A: Appropriations Provisions - Title
I: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies -
Appropriates FY2009 funds for the following Department of Agriculture programs and services: (1) agriculture buildings and facilities and rental payments; (2) Office of Inspector General; (3) Agricultural Research Service; (4) Farm Service Agency; (5) Natural Resources Conservation Service; (6) Rural Housing Service; (7) Rural-Business Cooperative Service; (8) Rural Utilities Service; and (9) Food and Nutrition Service Child Nutrition Programs.
(Sec. 101) States that: (1) through September 30, 2009, the value of supplemental nutrition assistance program (formerly the food stamp program) benefits and consolidated block grants for Puerto Rico and American Samoa shall be increased by using 113.6% of the June 2008 value of the thrifty food plan; and (2) the value of the maximum allotments, minimum allotments, or consolidated block grants for Puerto Rico and American Samoa may not be reduced below FY2009 levels.
Makes FY2009-FY2010 funds available for state administrative expenses to carry out this section and the supplemental nutrition assistance program.
Obligates funds for facility improvements and equipment upgrades under the Food Distribution Program on Indian Reservations.
States that: (1) through September 30, 2010, eligibility for supplemental nutrition assistance program benefits shall not be limited by certain work-related provisions unless an individual does not comply with specified state work program provisions; and (2) beginning on October 1, 2010, with respect to such work-related provisions, a state agency shall disregard any period during which an individual received supplemental nutrition assistance program benefits prior to October 1, 2010.
Appropriates funds to carry out this section.
(Sec. 102) Amends the Federal Crop Insurance Act and the Trade Act of 1974 to extend the deadline for payment of a crop insurance-related fee by producers who suffered crop year 2008 losses in order to qualify for certain supplemental agricultural disaster assistance for crop year 2008.
Makes FY2009 appropriations for farm operating loans.
Directs the Secretary to use specified Commodity Credit Corporation (CCC) funds (to remain available until September 30, 2010) for state grants to eligible aquaculture producers for losses associated with 2008 high feed costs.
(Sec. 103) Authorizes CCC fund use in FY2009 for administrative and salary purposes for certain programs established or amended under the Food, Conservation, and Energy Act of 2008.
(Sec. 104) Authorizes the use of up to 3% of the funds made available to the Rural Development mission area under this title for loan and grant administrative costs.
(Sec. 105) Obligates at least 10% of the amounts appropriated under this title to the Rural Housing Service, Rural Community Facilities Program Account, the Rural Business-Cooperative Service, Rural Business Program Account, and the Rural Utilities Service, Rural Water and Waste Disposal Program Account for assistance in persistent poverty counties.
Title II: Commerce, Justice, Science, and Related Agencies
- Makes supplemental appropriations for FY2009 to the Department of Commerce for: (1) the Economic Development Administration for economic development assistance programs; (2) the Census Bureau; (3) the National Telecommunications and Information Administration (NTIA); (4) the Broadband Technology Opportunities Program; (5) the digital-to-analog converter box program; (6) the National Institute of Standards and Technology (NIST); (7) the Office of Inspector General; and (8) the National Oceanic and Atmospheric Administration (NOAA).
Makes supplemental appropriations for FY2009 to the Department of Justice (DOJ) for: (1) the Office of Inspector General; (2) state and local law enforcement activities; (2) the Office on Violence Against Women; (3) the Office of Justice Programs; (4) state and local law enforcement assistance; and (5) community oriented policing services (COPS).
Makes supplemental appropriations for FY2009 to: (1) the National Aeronautics and Space Administration (NASA) for science, aeronautics, exploration, cross agency support, and the Office of Inspector General; and (2) the National Science Foundation (NSF) for research and related activities, education and human resources, major research equipment and facilities construction, and the Office of Inspector General.
(Sec. 201) Amends the Omnibus Crime Control and Safe Street Act of 1968 to waive application of certain matching requirements and salary limitations to funds appropriated for FY2009-FY2010 for the COPS program.
Title III: Department of Defense -
Makes supplemental appropriations for FY2009 to the Department of Defense (DOD) for : (1) operation and maintenance for the Army, Navy, Marine Corps, and Air Force, the reserves, and the Army and Air National Guard; (2) research, development, test and evaluation for the Army, Navy, Marine Corps, and defense-wide; (3) the Defense Health Program; and (4) the Office of the Inspector General.
Title IV: Energy and Water
- Makes supplemental appropriations for FY2009 to the Department of the Army, Corps of Engineers - Civil for: (1) investigations; (2) construction; (3) the Mississippi River and tributaries; (4) operation and maintenance; (5) the regulatory program; and (6) the Formerly Utilized Sites Remedial Action Program.
Makes supplemental appropriations for FY2009 to the Department of the Interior for the Bureau of Reclamation for water and related resources.
Makes supplemental appropriations for FY2009 to the Department of Energy (DOE) for: (1) Programs for Energy Efficiency and Renewable Energy; (2) Electricity Delivery and Energy Reliability; (3) Fossil Energy Research and Development; (4) Non-Defense Environmental Cleanup; (5) the Uranium Enrichment Decontamination and Decommissioning Fund; (6) Science; (7) Advanced Research Projects Agency--Energy; (8) the Title 17 Innovative Technology Loan Guarantee Program; (9) the Office of the Inspector General; (10) Defense Environmental Cleanup; and (11) construction, rehabilitation, operation, and maintenance, Western Area Power Administration.
(Sec. 401) Makes additional borrowing authority available to the Bonneville Power Administration (BPA) under the Federal Columbia River Transmission System Act to assist in: (1) financing the construction, acquisition, and replacement of the BPA transmission system; and (2) implementing the Administrator's authority under the Pacific Northwest Electric Power Planning and Conservation Act.
(Sec. 402) Amends the Hoover Power Plant Act of 1984 to grant the Administrator of the Western Area Power Administration (WAPA) additional borrowing authority for: (1) new or upgraded electric power transmission lines and related facilities; and (2) the delivery of power generated by renewable energy resources after enactment of this Act.
Requires the Secretary of the Treasury, without further appropriation and without fiscal year limitation, to loan WAPA up to $3.25 million in outstanding repayable balances at any one time.
Authorizes WAPA to: (1) refinance such loans; and (2) permit other entities to participate in the financing, construction and ownership projects financed by them.
Grants the Administrator authority to have utilized $1.75 million at any one time. Requires disbursement of any loan funds above such amount if the Administrator seeks to borrow them, unless a joint resolution is enacted that rescinds the remainder of the balance of such borrowing authority.
Requires forgiveness of balances of such loans: (1) remaining at the end of such project's useful life; and (2) expended to study projects considered but not constructed.
(Sec. 403) Permits: (1) up to 0.5% of each amount appropriated in this Act to be used for management and oversight expenses of programs, grants, and activities funded by such appropriation; and (2) such funds to be transferred by the agency to any of its other appropriate accounts for such purpose. Requires a report to the congressional appropriations committees 30 days before such a transfer.
Makes such set-side funds available for obligation through FY2012.
(Sec. 404) Makes technical corrections to the Energy Independence and Security Act of 2007 (EISA) to: (1) revise fund allocations to states and local governmental units; and (2) repeal specified funding requirements.
(Sec. 405) Directs the Secretary of Energy, when implementing smart grid regional demonstration initiatives, to provide financial support to 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.
Instructs the Secretary to: (1) establish a smart grid information clearinghouse to make data from projects and other sources available to the public; and (2) precondition funding upon utilization by such demonstration projects of available open protocols and standards (including those that are Internet-based).
Extends the authorization of appropriations for the smart grid regional demonstration initiative indefinitely.
Increases from 20% to 50% the federal reimbursement match for qualifying smart grid investments under the Smart Grid Investment Matching Grant Program.
Repeals the requirement that, in making such grants, the Secretary seek to reward innovation and early adaptation, even if success is not complete, rather than deployment of proven and commercially viable technologies.
Revises the exclusion from qualifying smart grid investments of expenditures for technologies, devices, or equipment that are eligible for specific tax credits or deductions. Applies the exclusion only to technologies, devices, or equipment that utilize such tax credits or deductions.
Revamps the rules and procedures governing the federal matching fund for smart grid investment costs. Requires as a condition of receiving a grant that recipients utilize open protocols and standards (including those that are Internet-based), if available and appropriate.
(Sec. 406) Amends the Energy Policy Act of 2005 to set forth a temporary program for rapid deployment of renewable energy and electric power transmission projects. Restricts federal guarantees to: (1) specified renewable energy systems; (2) electric power transmission systems; and (3) leading edge biofuel projects that will use technologies performing at the pilot or demonstration scale that are likely to become commercial and will produce transportation fuels that substantially reduce life-cycle greenhouse gas emissions compared to other transportation fuels.
Prescribes prevailing wage rate requirements for such projects in accordance with the Davis-Bacon Act.
(Sec. 407) Amends the Energy Conservation and Production Act to: (1) increase from 150% to 200% of the poverty level the income eligibility level for the Weatherization Assistance Program; (2) increase the maximum assistance per dwelling unit from $2,500 to $6,500; and (3) authorize the Secretary to encourage states to give priority to using Program funds for cost-effective efficiency activities, including attic insulation.
Increases from 10% to up to 20% of appropriations the amount available for technical assistance to any weatherization project for dwelling units of low-income persons.
Extends the authorization for further financial assistance for previously weatherized dwelling units to those partially weatherized before September 30, 1994 (currently, September 30, 1979).
(Sec. 408) Makes technical corrections to the Public Utility Regulatory Policies Act of 1978.
(Sec. 409) Instructs the Secretary to include in the 2009 National Electric Transmission Congestion Study analyses of: (1) significant potential sources of renewable energy that are constrained in accessing appropriate market areas by lack of adequate transmission capacity; (2) the reasons for failure to develop the adequate transmission capacity; (3) the extent to which legal challenges filed at the state and federal level are delaying the construction of transmission necessary to access renewable energy; and (4) assumptions and projections made in the Study, including those related to energy efficiency improvements in each load center, those regarding the location and type of projected new generation capacity, and those regarding projected deployment of distributed generation infrastructure.
(Sec. 410) Makes certain funds available for additional appropriations for the State Energy Program. Requires the Secretary to make grants with such funds in excess of the state's base allocation only if the state governor ensures in writing that he or she has obtained necessary assurances that specified regulatory policies, building codes, and other requirements for energy efficiency and renewable energy programs will be implemented.
Title V: Financial Services and General Government -
Appropriates funds to the Department of the Treasury for: (1) the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978; (2) the Community Development Financial Institutions Fund Program Account; and (3) the Internal Revenue Service (IRS) for administration of the health insurance tax credit.
Appropriates funds for the General Services Administration (GSA) for: (1) the Federal Buildings Fund, including for the "green" conversion of GSA facilities; (2) acquiring motor vehicles with higher fuel economy, including hybrid and electric vehicles; and (3) the Office of the Inspector General.
Appropriates funds for the Recovery Act Accountability and Transparency Board.
Appropriates funds for the Small Business Administration (SBA) for: (1) salaries and expenses; (2) the Office of the Inspector General; (3) the Surety Bond Guarantees Revolving Fund; and (4) direct loans and loan guarantees.
(Sec. 501) Amends the Small Business Act to suspend, until September 30, 2010, fees under the 7(a) program (SBA-guaranteed loans to small businesses) and the 504 program (financing to small businesses backed by SBA-guaranteed debentures).
(Sec. 502) Authorizes the SBA to guarantee up to 90% of a loan made by a private lender to a small business eligible for a loan guarantee under the Small Business Act or the Small Business Investment Act of 1958. Prohibits such guarantees with respect to small businesses: (1) in which an unlawful alien has an ownership interest; or (2) in violation of immigration laws. Terminates the loan guarantee program one year after the enactment of this Act. Authorizes appropriations.
(Sec. 503) Directs the SBA Administrator to establish: (1) a Secondary Market Guarantee Authority; and (2) a process in which private lenders may apply for a federal guarantee on pools of first lien position 504 loans that are to be sold to third-party investors. Authorizes the Administrator to guarantee up to $3 billion of such pools. Requires monthly reports from the Administrator to Congress on the guarantee authority. Terminates such authority two years after the enactment of this section. Authorizes appropriations.
(Sec. 504) Permits, under a section 502 loan (loans for plant acquisition, construction, conversion or expansion, including the acquisition of land, to state and local development companies), the refinancing of existing indebtedness, in an amount not to exceed 50% of the projected cost of the project financed, under certain conditions. States that a project meets SBA objectives if it creates or retains one job for every $65,000 (under current law, $50,000) guaranteed by the SBA.
(Sec. 505) Revises and increases the maximum amount of outstanding leverage made available to a licensed investment company under the SBA's small business investment company program. Provides revised aggregate investment limits under such program.
(Sec. 506) Directs the Administrator to carry out a program to provide loans on a deferred basis to viable small businesses that have a non-SBA-guaranteed small business loan and are experiencing immediate financial hardship. Limits each loan to $35,000. Prohibits the SBA from charging a fee for such loans. Terminates such program at the end of FY2010.
(Sec. 507) Requires a report from the Comptroller General to Congress on the implementation of this title.
(Sec. 508) Increases the maximum surety bond guarantee amount. Authorizes the Administrator to guarantee a surety for a total work order or contract amount that does not exceed $10 million, if a federal agency contracting officer certifies that such a guarantee is necessary. Directs the Administrator to study and report to Congress on the current funding structure of the surety bond program. Terminates the provisions of this section at the end of FY2010.
(Sec. 509) Authorizes the SBA to establish a Secondary Market Lending Authority (Lending Authority) to make loans to the systematically important secondary market broker-dealers (broker-dealers) who operate the SBA secondary market (a market for the purchase and sale of loans originated, underwritten, and closed under the Small Business Act). Defines as broker-dealers those entities designated 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 loan pools originated, underwritten, and closed under the Small Business Act. Requires monthly reports from the Administrator to Congress on the loan authority. Terminates the program two years after the enactment of this section.
Title VI: Homeland Security -
Makes supplemental appropriations for FY2009 to the Department of Homeland Security (DHS) for: (1) the Office of the Under Secretary for Management to consolidate DHS headquarters; (2) the Office of Inspector General; (3) U.S. Customs and Border Protection (CBP), including for expedited development and deployment of border security technology on the southwest border; (4) U.S. Immigration and Customs Enforcement (ICE) for automation modernization; (5) the Transportation Security Administration (TSA) for aviation security; (6) the Coast Guard, including for alteration or removal of obstructive bridges; and (7) the Federal Emergency Management Agency (FEMA).
(Sec. 601) Directs the President to establish an arbitration panel under the FEMA public assistance program to expedite the recovery efforts from Hurricanes Katrina and Rita within the Gulf Coast Region.
(Sec. 602) Bars the FEMA Administrator from restricting the use of funds designated under the hazard mitigation grant program for damage caused by Hurricanes Katrina and Rita if the applicant homeowner commenced work otherwise eligible for program assistance without the Administrator's written approval.
(Sec. 603) Provides that limitations on the portion of the costs of hiring firefighters that may be paid from fire grant program funds under the Federal Fire Prevention and Control Act of 1974 shall not apply to funds appropriated for such grants for FY2009 or FY2010.
(Sec. 604) Prohibits the use of DHS funds for procurement of certain clothing and other textile items directly related to U.S. national security interests if such items are not domestically grown, reprocessed, reused, or produced. Sets forth exceptions, including: (1) when such items of satisfactory quality and sufficient quantity cannot be procured as needed at U.S. market prices; (2) for delivery of a covered item that contains not more than 10% non-compliant fibers; (3) for procurements by vessels in foreign waters; (4) for emergency procurements; and (5) for purchases for amounts not greater than the simplified acquisition threshold. Requires the DHS Secretary to: (1) post notification of any applied exception on the Internet; and (2) ensure relevant training for the DHS acquisition workforce during FY2009. Requires this section to be applied in a manner consistent with U.S. obligations under international agreements.
Title VII: Interior, Environment, and Related Agencies -
Makes supplemental appropriations for FY2009 to the Department of the Interior for: (1) the Bureau of Land Management (BLM) for activities on BLM lands, construction, and wildland fire management; (2) the U.S. Fish and Wildlife Service for resource management and construction; (3) the National Park Service (NPS) for operation of the national park system, the Historic Preservation Fund, and construction; (4) the U.S. Geological Survey; (5) the Bureau of Indian Affairs (BIA) for operation of Indian programs, construction, and the Indian Guaranteed Loan Program Account; and (6) the Office of Inspector General.
Makes supplemental appropriations for FY2009 to: (1) the Environmental Protection Agency (EPA) for the Office of Inspector General, the Hazardous Substance Superfund, the Leaking Undergound Storage Tank Trust Fund Program, and State and Tribal Assistance Grants; (2) the Department of Agriculture for the Forest Service for capital improvement and maintenance and wildland fire management; (3) the Department of Health and Human Services (HHS) for the Indian Health Service for Indian health services and facilities; (4) the Smithsonian Institution for facilities capital; and (5) the National Endowment for the Arts for grants and administration.
Requires each agency receiving such appropriations to submit to the House and Senate Committees on Appropriations a general plan for expenditure of such funds and a report containing detailed project level information associated with such plan.
Requires the Secretaries of the Interior and Agriculture, in carrying out work funded by such appropriations, to utilize the Public Lands Corps, Youth Conservation Corps, Student Conservation Association, Job Corps, and other related partnerships with government, tribal, or nonprofit groups that serve young adults.
Title VIII: Departments of Labor, Health and Human Services, Education, and Related Agencies
- Makes supplemental appropriations for FY2009 to the Department of Labor (DOL) for: (1) the Employment and Training Administration for training and employment services, community service employment for older Americans, and state unemployment insurance and employment service operations; (2) departmental management for salaries and expenses; (3) the Office of Job Corps; and (4) the Office of Inspector General.
Makes supplemental appropriations for FY2009 to the Department of Health and Human Services (HHS) for: (1) the Health Resources and Services Administration; (2) the National Institutes of Health (NIH); (3) the Agency for Healthcare Research and Quality; (4) the Administration for Children and Families, for payments to states for the child care and development block grant, and children and families services programs; (5) the Administration on Aging; (6) the Office of the Secretary for the Office of the National Coordinator for Health Information Technology; (7) the Office of Inspector General; (8) the Public Health and Social Services Emergency Fund; and (9) the Prevention and Wellness Fund.
Makes supplemental appropriations for FY2009 available to the Department of Education for: (1) education of the disadvantaged; (2) impact aid; (3) school improvement programs; (4) innovation and improvement activities; (5) special education; (6) rehabilitation services and disability research; (7) certain student financial assistance programs; (8) the Institute of Education Sciences; and (9) the Office of Inspector General.
Makes supplemental appropriations for FY2009 to: (1) the Corporation for National and Community Service, including the Office of Inspector General and the National Service Trust; and (2) the Social Security Administration (SSA), including construction of a new National Computer Center, and the Office of Inspector General.
(Sec. 801) Permits the use of up to 1% of funds made available to the Department of Labor in this title for the administration, management, and oversight of the programs, grants, and activities funded by such appropriations, including the evaluation of the use of such funds.
Makes such funds available for obligation through FY2010.
Requires the Secretary of Labor to provide an operating plan describing the proposed use of such funds.
(Sec. 802) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to require the Government Accountability Office (GAO) (currently, the Secretary of Labor) to report on the impact of past and future minimum wage increases in American Samoa and the Commonwealth of the Northern Mariana Islands regarding living standards and rates of employment.
(Sec. 803) Amends the Longshore and Harbor Workers' Compensation Act to revise the definition of "employee." Excludes from such definition: (1) individuals employed to build any recreational vessel under 65 feet in length (under current law, individuals employed to build, repair, or dismantle any recreational vessel under 65 feet in length); or (2) individuals employed to repair any recreational vessel or to dismantle any part of a recreational vessel in connection with its repair.
(Sec. 804) Establishes a Federal Coordinating Council for Comparative Effectiveness Research to: (1) assist federal offices and agencies in coordinating the conduct or support of comparative effectiveness and related health services research; and (2) advise the President and Congress on strategies regarding the infrastructure needs of comparative effectiveness research within the federal government, and related matters.
(Sec. 805) Requires the Secretary of Education to: (1) make Impact Aid payments to eligible local education agencies (LEAs) for the construction and repair of school buildings impacted by military dependent children and children residing on Indian land; and (2) award competitive grants to such LEAs for emergency repairs and modernizaton of impacted school facilities.
Waives certain requirements of the Elementary and Secondary Education Act of 1965 for such grants.
Precribes grant eligibility requirements and criteria for awarding such grants.
(Sec. 806) Amends the Elementary and Secondary Education Act of 1965 to increase the authorization of appropriations for FY2009-FY2010 for mandatory Pell Grants.
(Sec. 807) Authorizes the Secretary of Education to: (1) award FY2009 funds to states and LEAs on the basis of eligibility determinations made for the award of FY2008 funds; and (2) require states to make prompt allocations to LEAs.
Title IX: Legislative Branch
- Makes additional appropriations to GAO, to remain available through FY2010 for salaries and expenses.
(Sec. 901) Requires: (1) bimonthly GAO reviews and reports on the use by selected states and localities of funds made available in this Act; (2) Internet publication of such reports and audits; and (3) their link to the website Recovery.gov, established by the Recovery Accountability and Transparency Board.
(Sec. 902) Requires contracts awarded using funds under this Act to grant the Comptroller General and his representatives access to certain contractors' or subcontractors' records, officers, or employees.
Title X: Military Construction and Veterans Affairs -
Appropriates funds through FY2013 for the Department of Defense (DOD) for military construction for the Army, Navy and Marine Corps, and Air Force, DOD, the Army and Air National Guard, Army and Air Force family housing construction and family housing operation and maintenance, and the Homeowners Assistance Fund.
(Sec. 1001) Amends the Demonstration Cities and Metropolitan Development Act of 1966 to allow, under the Homeowners Assistance Program under such Act, the Secretary of Defense (Secretary) to provide assistance or reimbursement for certain losses in the sale of family dwellings by members of the Armed Forces (members) living on or near a military installation in situations where: (1) there was a base closure or realignment; (2) the property was purchased before July 1, 2006, and sold between that date and September 30, 2012; (3) the property is the owner's primary residence; and (4) the owner has not previously received benefits under the Program.
Authorizes similar Program assistance or reimbursement with respect to: (1) wounded members and wounded civilian DOD and Coast Guard employees (and their spouses); and (2) members permanently reassigned from an area at or near a military installation to a new duty station more than 50 miles away (with similar purchase and sale date, residence, and no-previous-benefit requirements as above). Allows the Secretary to provide compensation for losses from home sales by such individuals in order to ensure the realization of at least 90% (in some cases, 95%) of the pre-mortgage-crisis assessed value of such property.
Appropriates funds through FY2010 to the Department of Veterans Affairs (VA) for: (1) the Veterans Health Administration; (2) the National Cemetery Administration; (3) departmental administration; (4) information technology systems; (5) the Office of the Inspector General; and (6) grants for the construction of state extended care facilities.
(Sec. 1002) Establishes the Filipino Veterans Equity Compensation Fund to make specified payments to eligible individuals or their surviving spouses. Defines an eligible individual as an individual who: (1) served before July 1, 1946, in the organized military forces of the Philippines while such forces were in the service of the U.S. Armed Forces pursuant to the military order of the President dated July 26, 1941, or who served in the Philippine Scouts pursuant to the Armed Forces Voluntary Recruitment Act of 1945; and (2) was discharged under conditions other than dishonorable. Recognizes such service as active U.S. military service. Requires annual reports from the Secretary to Congress on Fund operation. Authorizes appropriations.
Title XI: State, Foreign Operations, and Related Programs
- Appropriates funds for the Department of State for: (1) diplomatic and consular programs; (2) the Capital Investment Fund; and (3) the Office of the Inspector General.
Appropriates funds for the International Boundary and Water Commission, United States and Mexico, for construction.
Title XII: Transportation, and Housing and Urban Development And Related Agencies
- Makes supplemental appropriations for FY2009 to the Department of Transportation (DOT) for: (1) the Office of the Secretary for supplemental discretionary grants for a national surface transportation system; (2) the Federal Aviation Administration (FAA) for funding facilities and equipment; (3) grants-in-aid for airports; (4) the Federal Highway Administration (FHA) for highway infrastructure investment; (5) the Federal Railroad Administration for high-speed rail corridors and intercity passenger rail service; (6) capital grants to the National Railroad Passenger Corporation (Amtrak); (7) the Federal Transit Administration (FTA) for transit capital assistance, fixed guideway infrastructure investment, and capital investment grants; (8) the Maritime Administration for assistance to small shipyards; and (9) the Office of the Inspector General.
(Sec. 1201) Sets forth maintenance of effort and reporting requirements for a state or state agency awarded funds appropriated in this Act for a covered program.
Makes supplemental appropriations for FY2009 to the Department of Housing and Urban Development (HUD) for: (1) the Public Housing Capital Fund; (2) Native American Housing Block Grants; (3) the Community Development Fund; (4) the HOME Investment Partnerships Program; (5) homelessness prevention and rapid re-housing activities; (6) assisted housing stability and energy and green retrofit investments; (7) the Office of Lead Hazard Control and grants under the Healthy Homes Initiative; and (8) the Office of the Inspector General.
(Sec. 1202) Establishes loan limits for calendar 2009 for: (1) the Federal Housing Administration (FHA); (2) the Federal National Mortgage Association (Fannie Mae); (3) the Federal Home Loan Mortgage Corporation (Freddie Mac); and (4) FHA reverse mortgages.
Title XIII: Health Information Technology -
Health Information Technology for Economic and Clinical Health Act or the HITECH Act
- Subtitle A: Promotion of Health Information Technology - Part 1: Improving Health Care Quality, Safety, and Efficiency -
(Sec. 13101) Amends the Public Health Service Act to establish within the Department of Health and Human Services (HHS) an Office of the National Coordinator for Health Information Technology to: (1) review and determine whether to endorse each standard, implementation specification, and certification criterion for the electronic exchange and use of health information that is recommended by the HIT Standards Committee; (2) coordinate health information technology policy and programs of HHS with other relevant executive branch agencies; (3) maintain and update the Federal Health IT Strategic Plan; (4) maintain and update an Internet website with information to ensure transparency in the promotion of a nationwide health information technology infrastructure; and (5) keep or recognize a program for the voluntary certification of health information technology as being in compliance with applicable certification criteria.
Requires the National Coordinator to: (1) report to Congress on any additional funding or authority required to evaluate and develop standards, implementation specifications, and certification criteria or to achieve full participation of stakeholders in the adoption of a nationwide health information technology infrastructure that allows for the electronic use and exchange of health information; (2) prepare a report that identifies lessons learned from major public and private health care systems in their implementation of health information technology; (3) assess and publish the impact of health information technology in communities with health disparities and in areas with a high proportion of individuals who are uninsured, underinsured, and medically underserved; (4) identify practices to increase the adoption of such technology by health care providers in such communities and the use of health information technology to reduce and better manage chronic disease; (5) evaluate and publish evidence on the benefits and costs of the electronic use and exchange of health information and assess to whom these benefits and costs accrue; and (6) estimate and publish resources required annually to reach the goal of utilization of an electronic health record for each person in the United States by 2014.
Authorizes the National Coordinator to provide financial assistance to defray the costs to consumer advocacy groups and not-for-profit entities that work in the public interest of participating under the National Technology Transfer Act of 1995.
Requires the National Coordinator to establish a governance mechanism for the nationwide health information network.
Provides for the detail of federal employees to the Office.
Directs the Secretary of Health and Human Services (the Secretary in this title) to appoint a Chief Privacy Officer of the Office of the National Coordinator to advise the National Coordinator on privacy, security, and data stewardship of electronic health information and to coordinate with other federal agencies, state and regional efforts, and foreign countries with regard to the privacy, security, and data stewardship of electronic individually identifiable health information.
Establishes a HIT Policy Committee to make policy recommendations to the National Coordinator relating to the implementation of a nationwide health information technology infrastructure. Requires the HIT Policy Committee to: (1) recommend a policy framework for the development and adoption of a nationwide health information technology infrastructure; (2) recommend the areas in which standards, implementation specifications, and certification criteria are needed for the electronic exchange and use of health information; (3) recommend an order or priority for the development, harmonization, and recognition of such standards, specifications, and criteria; and (4) ensure that recommendations are consistent with the evaluations of disparities in health care services and performance on the basis of race, ethnicity, and gender conducted under the Social Security Act. Requires the National Coordinator to take a leading position in the establishment and operations of the HIT Policy Committee.
Establishes the HIT Standards Committee to: (1) recommend to the National Coordinator for adoption standards, implementation specifications, and certification criteria for the electronic exchange and use of health information; (2) recognize harmonized or updated standards to achieve uniform and consistent implementation of the standards and implementation specifications; and (3) provide for testing of such standards and specifications by the National Institute of Standards and Technology (NIST). Requires the National Coordinator to ensure that the relevant and available recommendations and comments from the National Committee on Vital and Health Statistics are considered in the development of standards. Requires the National Coordinator to take a leading position in the establishment and operations of the HIT Standards Committee.
Requires the Secretary to review and determine whether to adopt such standards, specifications, and criteria. Provides that any standard or implementation specification adopted shall be voluntary with respect to private entities.
Directs the National Coordinator to support the development and routine updating of, and make available, qualified electronic health record technology unless the Secretary determines that the needs and demands of providers are being substantially and adequately met through the marketplace. Authorizes the National Coordinator to impose a nominal fee for the adoption by a health care provider of the health information technology system developed and certified.
Transfers functions, personnel, assets, and liabilities of the National Coordinator for Health Information Technology appointed under Executive Order No. 13335 to the National Coordinator appointed under this Act.
Provides that this title has no effect on the authorities of the Secretary under Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy and security laws.
(Sec. 13102) Amends title XI of the Social Security Act to make a technical change to the definition of "health plan."
Part 2: Application and Use of Adopted Health Information Technology Standards; Reports
- (Sec.13111) Requires each federal agency, as it implements, acquires, or upgrades health information technology systems, to utilize systems and products that meet adopted standards and implementation specifications.
Directs the President to take measures to ensure that federal activities involving the broad collection and submission of health information are consistent with standards or implementation specifications within three years of adoption.
(Sec. 13112) Directs each agency to require in contracts or agreements that health care providers, health plans, or health insurance issuers, as they implement, acquire, or upgrade health information technology systems, utilize systems and products that meet standards and implementation specifications.
(Sec. 13113) Requires the Secretary to report to the appropriate congressional committees on: (1) actions taken by the federal government and private entities to facilitate the adoption of a nationwide system for the electronic use and exchange of health information; (2) barriers to the adoption of such a nationwide system; and (3) recommendations to achieve full implementation of a such a nationwide system.
Provides for studies and reports to Congress on: (1) methods to create efficient reimbursement incentives for improving health care quality in federally qualified health centers, rural health clinics, and free clinics; and (2) the potential use of new aging services technology to assist seniors, individuals with disabilities, and their caregivers throughout the aging process.
Subtitle B: Testing of Health Information Technology
- (Sec. 13201) Requires the Director of NIST to: (1) test standards and implementation specifications developed under this Act to ensure their efficient implementation and use; and (2) support the establishment of a conformance testing infrastructure that may include a program to accredit independent, nonfederal laboratories to perform testing.
(Sec. 13202) Requires the Director of NIST to establish a program of assistance to institutions of higher education to establish multidisciplinary Centers for Health Care Information Enterprise Integration.
Directs the National High-Performance Computing Program to include federal research and development programs related to health information technology.
Subtitle C: Grants and Loans Funding
- (Sec. 13301) Requires the Secretary to invest in the infrastructure necessary to allow for and promote the electronic exchange and use of health information for each individual in the United States consistent with the goals outlined in the strategic plan. Directs the Secretary to invest funds through different agencies with expertise in such goals to support: (1) health information technology architecture that will support the nationwide electronic exchange and use of health information; (2) the development and adoption of appropriate certified electronic health records; (3) training on best practices to integrate health information technology; and (4) infrastructure and tools for the promotion of telemedicine.
Requires the Secretary to ensure that funds are expended for the acquisition of health information technology that meets applicable standards.
Directs the Secretary, acting through the Office of the National Coordinator, to establish a health information technology extension program to provide health information technology assistance services.
Requires the Secretary to: (1) create a Health Information Technology Research Center to provide technical assistance and develop or recognize best practices to support health information technology; and (2) provide assistance for the creation of regional centers to provide technical assistance and information to support health information technology. Authorizes the Secretary to provide financial support to any such regional center.
Requires the Secretary, acting through the National Coordinator, to establish a program to facilitate and expand the electronic movement and use of health information among organizations according to nationally recognized standards. Allows the Secretary to award planning and implementation matching grants to a state or qualified state-designated entity.
Authorizes the National Coordinator to award grants to states or Indian tribes for the establishment of programs for loans to health care providers to support certified electronic health record technology.
Authorizes the Secretary to award matching grants to carry out demonstration projects to develop academic curricula integrating qualified health information technology in the clinical education of health professionals.
Directs the Secretary to provide assistance to institutions of higher education to establish or expand medical health informatics education programs for both health care and information technology students to ensure the rapid and effective utilization and development of health information technologies.
Requires the National Coordinator to evaluate activities under this subtitle annually and implement the lessons learned.
Subtitle D: Privacy - Part 1: Improved Privacy Provisions and Security Provisions
- (Sec. 13401) Applies regulations establishing safeguards for the protection of electronic protected health information to business associates of a covered entity.
Applies to business associates penalties for failure to comply with requirements regarding protection of health information.
Requires the Secretary to issue guidance annually on the most effective and appropriate technical safeguards and security standards for use in protecting health information.
(Sec. 13402) Requires an entity that handles unsecured protected health information to notify each individual of any security breach of such information. Applies such requirements to business associates of such entities. Sets forth requirements for notifications, including requirements concerning timeliness, method, and content. Requires notice to the Secretary of breaches, including immediate notice of breaches involving 500 or more individuals.
Requires the Secretary to report to Congress annually on breaches of protected health information.
(Sec. 13403) Requires the Secretary to designate an individual in each HHS regional office to offer guidance and education to covered entities, business associates, and individuals on their rights and responsibilities related to federal privacy and security requirements for protected health information.
Directs the Office for Civil Rights within HHS to develop and maintain a national education initiative to enhance public transparency regarding the uses of protected health information.
(Sec. 13404) Treats business associates in the same manner as covered entities for purposes of the protection of health information.
(Sec. 13405) Requires a covered entity to comply with an individual's request to restrict the disclosure of protected health information if: (1) the disclosure is to a health plan for purposes of carrying out payment or health care operations; and (2) the protected health information pertains solely to a health care item or service for which the health care provider involved has been paid out of pocket in full.
Requires covered entities to limit the use, disclosure, or request of protected health information to the limited data set or the minimum necessary to accomplish the intended purpose.
Gives individuals a right to an accounting of the disclosures of their electronic health record, including disclosures to carry out treatment, payment, and health care operations.
Prohibits the sale of any protected health information of an individual unless the covered entity obtained from the individual a valid authorization that includes a specification of whether the protected health information can be further exchanged for remuneration by the entity receiving the individual's information. Sets forth exceptions, including for information used for: (1) public health activities; (2) research; (3) treatment of the individual; or (4) health care operations.
Gives individuals the right to obtain their electronic medical records in an electronic format.
(Sec. 13406) Sets forth exceptions to prohibitions against a covered entity receiving payment in exchange for marketing communications.
Requires the Secretary to provide that any written fundraising communication that is a health care operation shall provide an opportunity for the recipient to elect not to receive any further such communication.
(Sec. 13407) Sets forth requirements for notification of individuals and the Federal Trade Commission (FTC) following the discovery of a breach of security of identifiable health information in a personal health record. Deems a violation of such requirements an unfair and deceptive act or practice in violation of the Federal Trade Commission Act.
(Sec. 13408) Requires organizations that provide data transmission of protected health information and that require routine access to such information to enter into written contracts and to be treated as a business associate. Applies such requirement to vendors that allow a covered entity to offer a personal health record to patients as part of its electronic health record.
(Sec. 13409) Amends title XI (General Provisions, Peer Review, and Administrative Simplification) of the Social Security Act to consider a person (including an employee or other individual) to have obtained or disclosed individually identifiable health information in violation of HIPAA if the information is maintained by a covered entity and the individual obtained or disclosed such information without authorization.
(Sec. 13410) Requires the Secretary to: (1) impose a penalty for violations of HIPAA privacy provisions due to willful neglect; and (2) formally investigate any complaint of a violation if a preliminary investigation indicates a possible violation due to willful neglect. Subjects such violations to enforcement under HIPAA enforcement and penalty provisions.
Directs the Comptroller General to submit to the Secretary a report including recommendations for a methodology under which an individual who is harmed by a HIPAA violation may receive a percentage of any civil monetary penalty or monetary settlement collected with respect to such offense. Directs the Secretary to establish such a methodology.
Sets forth varying financial penalties for HIPAA violations based on culpability.
Provides for enforcement of HIPAA provisions by state attorneys general through civil action. Sets forth damages for such a suit. Requires prior written notice of any such action to the Secretary.
(Sec. 13411) Requires the Secretary to provide for periodic audits to ensure that covered entities and business associates are complying with privacy requirements.
Part 2: Relationship to Other Laws; Regulatory References; Effective Date; Reports
- (Sec. 13421) Applies HIPAA preemption of state law provisions to this Act. Provides that the standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under HIPAA remain in effect to the extent they are consistent with this Act.
(Sec. 13424) Requires the Secretary to prepare an annual report concerning complaints of alleged violations of health information provisions that are received by the Secretary.
Directs the Secretary to submit to Congress recommendations to: (1) identify requirements relating to security, privacy, and notification in the case of a breach of security or privacy that should be applied to various entities, including vendors of personal health records; and (2) determine which federal agency is best equipped to enforce such requirements.
Requires the Secretary to issue guidance on how best to implement the requirements for the de-identification of protected health information.
Directs the Comptroller General to report to Congress on the best practices related to the disclosure among health care providers of protected health information of an individual for purposes of treatment.
Requires the Government Accountability Office (GAO) to report to Congress and the Secretary on the impact of any of the provisions of this title on health insurance premiums, overall health care costs, adoption of electronic health records by providers, and reduction in medical errors and other quality improvements.
Directs the Secretary to study, and revise as necessary, the definition of "psychotherapy notes" with regard to including test data that are a part of a mental health evaluation.
Title XIV: State Fiscal Stabilization Fund -
Appropriates $53.6 billion for a State Fiscal Stabilization Fund, which is to be administered by the Secretary of Education.
(Sec. 14001) Allocates the bulk of such Fund for grants to states pursuant to a formula that considers each state's share of individuals age 5 through 24 and each state's share of the nation's total population.
(Sec. 14002) Requires states to use at least 81.8% of their allocation to: (1) restore their funding of elementary, secondary, and postsecondary education for each fiscal year from FY2009-FY2011 to the greater of their FY2008 or FY2009 levels; and (2) supplement school improvement funds provided to local educational agencies (LEAs) under the Elementary and Secondary Education Act of 1965. Allows states to use their allocation to implement scheduled increases in their elementary and secondary education funding for FY2010-2011.
Authorizes states to use up to 18.2% of their allocation for public safety and other government services.
(Sec. 14004) Requires public institutions of higher education to use any funds they receive from states under this title for: (1) education and general expenditures that mitigate their need to raise tuition and fees for instate students; or (2) the modernization, renovation, or repair of facilities that are primarily used for instruction, research, or student housing. Prohibits the use of such funds for school endowments.
(Sec. 14005) Requires state grantees to: (1) maintain their level of support for elementary, secondary, and postsecondary education at least at FY2006 levels; (2) address inequities in the distribution of highly qualified teachers between high- and low-poverty schools; (3) establish longitudinal data systems that include the elements required by the America COMPETES Act; (4) improve their academic content and achievement standards, and the quality and inclusiveness of their assessments of student progress toward such achievement standards; and (5) ensure that LEAs are implementing corrective actions or implementing alternative governance arrangements for certain failing schools.
(Sec. 14006) Directs the Secretary of Education to reserve $5 billion from such Fund for: (1) incentive grants to states that make significant progress in addressing inequities in teacher distribution, establishing longitudinal education data systems, improving educational standards and assessments, and ensuring the improvement of failing schools; and (2) the creation of an Innovation Fund to award LEAs, or partnerships between nonprofit organizations and LEAs or schools, that make significant progress in closing student achievement gaps.
(Sec. 14008) Requires reports on, and evaluations of, Stabilization Fund programs.
(Sec. 14012) Authorizes the Secretary of Education to waive or modify, for those states that experience a precipitous decline in financial resources, this title's requirement that they maintain at least their FY2006 level of support for education.
Title XV: Accountability and Transparency - Subtitle A: Transparency and Oversight Requirements
- (Sec. 1511) Requires the chief executive of a recipient governmental entity to certify that: (1) federal funds received for infrastructure investment have received full review and vetting; and (2) the chief executive accepts responsibility that such investment is an appropriate use of taxpayer dollars.
(Sec. 1512) Jobs Accountability Act - Requires: (1) each recipient of federal recovery funds to submit specified quarterly reports to the appropriate federal agency; (2) each federal agency that made recovery funds available to post such reports on a publicly available website; (3) the Congressional Budget Office and the Government Accountability Office (GAO) to comment on such information; (4) funding recipients to register with the Central Contractor Registration database; and (5) the Council of Economic Advisers to report quarterly to certain congressional committees on the impact of programs funded under this Act upon key economic indicators.
(Sec. 1514) Requires any federal Inspector General (IG) to: (1) review concerns raised by the public about specific investments using funds under this Act; (2) relay the findings to the head of the department or agency concerned; and (3) post such findings upon the IG's website, along with related audits.
(Sec. 1515) Authorizes any representative of the appropriate inspector general, with respect to each contract or grant awarded using covered funds, to: (1) examine the records of the contractor or grantee, and of any subcontractor or subgrantee; and (2) interview any of their officers or employees.
Subtitle B: Recovery Accountability and Transparency Board
- (Sec. 1521) Establishes the Recovery Accountability and Transparency Board to conduct oversight of covered funds to prevent fraud, waste, and abuse.
(Sec. 1526) Requires the Board to: (1) establish a user-friendly, public-facing website to foster accountability and transparency in the use of covered funds; and (2) publish all Board reports. Prescribes other website contents, including accountability information and findings from audits, IGs, and the Government Accountability Office.
(Sec. 1527) Retains the independent authority of an IG to determine whether to conduct an audit or investigation of covered funds.
(Sec. 1529) Authorizes appropriations.
(Sec. 1530) Terminates the Board on September 30, 2013.
Subtitle C: Recovery Independent Advisory Panel
- (Sec. 1541) Establishes the Recovery Independent Advisory Panel to make recommendations to the Board on actions to prevent fraud, waste, and abuse relating to covered funds.
(Sec. 1545) Terminates the Board on September 30, 2013.
(Sec. 1546) Authorizes appropriations.
Subtitle D: Additional Accountability and Transparency Requirements
- (Sec. 1551) Directs the Secretary of the Treasury to ensure that all funds appropriated in this Act shall be established in separate Treasury accounts.
(Sec. 1552) Authorizes federal agencies receiving funds under this Act to adjust applicable limits on administrative expenditures for federal awards to help award recipients defray the costs of data collection requirements initiated pursuant to this Act.
(Sec. 1253) Prohibits reprisals against state and local government and contractor whistleblowers.
Prescribes requirements for: (1) the appropriate IG's investigation and report of such complaints; and (2) the appropriate agency's remedy and enforcement authority upon receipt of such report.
(Sec. 1554) Requires contracts funded under this Act to be awarded as fixed-price contracts using competitive procedures.
Requires posting in a special section of the website established by the Recovery Accountability and Transparency Board of summaries of any contracts funded under this Act which are neither fixed-price nor awarded using competitive procedures.
Title XVI: General Provisions
- (Sec. 1601) Declares each amount appropriated or made available in this Act to be in addition to amounts otherwise appropriated for the fiscal year involved. Prohibits enactment of this Act from having an effect on the availability of amounts under the Continuing Appropriations Resolution, 2009 (division A of Public Law 110-329).
(Sec. 1602) Requires recipients of funds for infrastructure investment activities to: (1) give preference to quick-start activities; and (2) use such funds in a manner that maximizes job creation and economic benefit.
(Sec. 1603) Makes all funds appropriated in this Act available for obligation through FY2010, unless expressly provided otherwise.
(Sec. 1604) Prohibits the use of funds appropriated or otherwise made available in this Act for casino or other gambling establishments, aquariums, zoos, golf courses, or swimming pools.
(Sec. 1605) Prohibits the use of funds appropriated or otherwise made available in this Act for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are domestic. Allows waiver of this prohibition if the department or agency involved finds that: (1) applying it would be inconsistent with the public interest; (2) domestic iron, steel, and the relevant manufactured goods are not produced in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusions of such products will increase the cost of the overall project by more than 25%.
Requires publication of a detailed written justification for any such waiver in the Federal Register.
(Sec. 1606) Requires that the locally prevailing wage rate be paid to all laborers and mechanics employed by contractors and subcontractors of federally-funded or federally-assisted projects in accordance with the Davis-Bacon Act (which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics employed for such projects).
(Sec. 1607) Sets forth requirements governing additional funding distribution and assurance of appropriate use of funds provided by this Act to a state or its agencies.
(Sec. 1608) Amends the Emergency Economic Stabilization Act of 2008 to require the Secretary of the Treasury, with respect to waiver of the Federal Acquisition Regulation pertaining to minority contracting by the federal government, to develop and implement standards and procedures to ensure, to the maximum extent practicable, the inclusion and utilization of individuals with disabilities and businesses owned by such persons.
(Sec. 1609) Requires the devotion of adequate resources in this Act to ensuring that: (1) applicable environmental reviews under the National Environmental Policy Act (NEPA) are completed on an expeditious basis; and (2) the shortest existing applicable process under NEPA be utilized.
Requires the President to report to specified congressional committees every 90 days through FY2011 on the NEPA-compliance of projects and activities funded by this Act.
(Sec. 1610) Prohibits the use of funds under this Act by an executive agency to enter into any federal contract for new projects except in accordance with the Federal Property and Administrative Services Act, Armed Forces procurement law, and the Federal Acquisition Regulation, unless otherwise authorized by law.
Prescribes requirements for all projects conducted under the authority of the Indian Self-Determination and Education Assistance Act, the Tribally-Controlled Schools Act, the Sanitation and Facilities Act, the Native American Housing and Self-determination Assistance Act and the Buy-Indian Act.
(Sec. 1611) Employ American Workers Act - Makes it unlawful for any recipient of Troubled Asset Relief Program (TARP) funding under the Emergency Economic Stabilization Act of 2008 or under the Federal Reserve Act to hire any nonimmigrant with an H-1B visa unless the recipient is in compliance with the requirements for an H-1B dependent employer.
(Sec. 1612) Permits an agency head, during FY2009, and subject to specified requirements, to transfer up to 1% of any appropriation made available by this Act between the agency's appropriations.
Division B: Tax, Unemployment, Health, State Fiscal Relief, and Other Provisions - Title I: Tax Provisions -
American Recovery and Reinvestment Tax Act of 2009
- Subtitle A: Tax Relief for Individuals and Families - Part I: General Tax Relief
- (Sec. 1001) Amends the Internal Revenue Code to allow individual taxpayers a refundable tax credit for the lesser of 6.2% of earned income or $400 ($800 for married couples filing jointly). Reduces the amount of such credit for taxpayers with adjusted gross income exceeding $75,000 ($150,000 for married couples filing jointly) and by the amount of economic recovery payments received under this Act. Disqualifies nonresident aliens, dependents, estates and trusts, and taxpayers who do not include a social security number on their tax return. Terminates such credit after 2010.
Sets forth rules for the payment of credit amounts in 2009 and 2010 to residents of U.S. possessions.
Disregards tax refunds attributable to this tax credit for purposes of determining eligibility for federal assistance programs.
(Sec. 1002) Increases to 45% in 2009 and 2010 the rate of the earned income tax credit for taxpayers with three or more qualifying children. Increases the threshold amount for the phase-out of such credit for married couples filing jointly.
(Sec. 1003) Increases in 2009 and 2010 the refundable portion of the child tax credit.
(Sec. 1004) Increases in 2009 and 2010 the Hope Scholarship tax credit for tuition and related expenses and makes a portion of such credit refundable. Allows such credit as an offset against alternative minimum tax liability. Sets forth rules for payments of such tax credit in U.S. possessions.
Directs the Secretary of the Treasury to study and report to Congress on: (1) how to coordinate the Hope Scholarship tax credit with the Pell Grant program; (2) ways to expedite the delivery of such credit; and (3) the feasibility of requiring students to perform community service as a condition of taking a tax credit for tuition and related expenses.
(Sec. 1005) Allows payments from qualified tuition plans in 2009 and 2010 for computer technology and equipment expenses.
(Sec. 1006) Extends the first-time homebuyer tax credit through November 2009. Increases the amount of such credit to $8,000. Waives the repayment requirement for such credit for a residence purchased after December 31, 2008, and before December 1, 2009, unless the taxpayer resells or vacates the residence within 36 month of purchase. Allows such credit for residences financed by the proceeds of a mortgage revenue bond or other tax-exempt bond. Sets forth rules for the coordination of this credit with the tax credit for first-time homebuyers in the District of Columbia.
(Sec. 1007) Allows an exclusion from gross income in 2009 for up to $2,400 of unemployment compensation.
(Sec. 1008) Allows a tax deduction for state sales and excise taxes on purchases in 2009 of certain passenger automobiles, light trucks, or motorcycles weighing not more than 8,500 pounds and motor homes.
Part II: Alternative Minimum Tax Relief
- Extends through 2009: (1) the increased alternative minimum tax (AMT) exemption amount; and (2) the offset of nonrefundable personal tax credits against regular and AMT liability.
Subtitle B: Energy Incentives - Part I: Renewable Energy Incentives
- (Sec. 1101) Extends for three years the tax credit for producing electricity from wind, biomass, geothermal or solar, solid waste, and qualified hydropower facilities. Extends such credit for two years for marine and hydrokinetic renewable energy resources.
(Sec. 1102) Allows an election in 2009 and 2010 to treat certain renewable resource facilities (e.g., wind, biomass, hydropower, etc.) as energy property eligible for the 30% energy tax credit.
(Sec. 1103) Repeals limitations on: (1) the energy tax credit for qualified small wind energy property; and (2) property financed by subsidized energy financing.
(Sec. 1104) Denies tax credits for investments in energy property and renewable energy facilities for taxpayers who receive grants for specified energy property under this Act. Sets forth rules for the tax treatment of such grants.
Part II: Increased Allocations of New Clean Renewable Energy Bonds and Qualified Energy Conservation Bonds
- (Sec. 1111) Increases the national limitation on the issuance of new clean renewable energy bonds and qualified energy conservation bonds.
Part III: Energy Conservation Incentives
- (Sec. 1121) Revises the tax credit for residential energy efficiency improvements to allow a 30% credit, up to $1,500, in 2009 and 2010. Modifies energy efficiency standards and requirements for electric heat pumps, central air conditioners, water heaters, wood stoves, oil furnaces, and hot water boilers.
(Sec. 1122) Removes limitations on the tax credit for residential energy efficient property for solar water heating, wind, and geothermal heat pump property expenditures.
(Sec. 1123) Increases in 2009 and 2010 the tax credit for residential and commercial alternative fuel vehicle refueling property expenditures.
Part IV: Modification of Credit for Carbon Dioxide Sequestration
- (Sec. 1131) Modifies the $10 per metric ton tax credit for carbon dioxide sequestration to require the taxpayer to dispose of the carbon dioxide in secure geological storage. Requires the Secretary of the Treasury to consult with the Secretaries of Energy and the Interior (in addition to the Administrator of the Environmental Protection Agency) in promulgating regulations for the permanent geological storage of carbon dioxide.
Part V: Plug-in Electric Drive Motor Vehicles
- (Sec. 1141) Revises the tax credit for new qualified plug-in electric drive motor vehicles. Allows a maximum credit amount of $5,000 based upon battery capacity. Redefines "new qualified plug-in electric drive motor vehicle" to mean a motor vehicle that has a weight rating of less than 14,000 pounds and that is propelled by electricity from a battery that has a capacity of not less than four kilowatt hours.
(Sec. 1142) Allows a new tax credit of up to $2,500 for 10% of the cost of qualified plug-in electric vehicles placed in service before 2012. Defines "qualified plug-in electric vehicle" for purposes of such credit to include low-speed vehicles, motorcycles, and three-wheeled vehicles.
(Sec. 1143) Allows an alternative motor vehicle tax credit for 10% of the cost, up to $40,000, of converting a motor vehicle into a qualified plug-in electric drive motor vehicle. Terminates such credit after 2011.
(Sec. 1144) Allows an offset of alternative motor vehicle tax credit amounts against the alternative minimum tax.
Part VI: Parity for Transportation Fringe Benefits
- (Sec. 1151) Increases until 2011 the monthly amount for employer-provided commuting benefits and transit passes to make them equal to the benefit amount for employer-provided parking (i.e., $230).
Subtitle C: Tax Incentives for Business - Part I: Temporary Investment Incentives
- (Sec. 1201) Extends through 2009 the 50% bonus depreciation allowance for specified types of depreciable property.
(Sec. 1202) Extends through 2009 the increased expensing allowance for depreciable business assets.
Part II: Small Business Provisions
- (Sec. 1211) Allows a five-year carryback of the net operating losses of certain small business taxpayers.
(Sec. 1212) Reduces estimated tax payments in 2009 for certain small business taxpayers.
Part III: Incentives for New Jobs
- (Sec. 1221) Allows a work opportunity tax credit for the hiring of unemployed veterans and disconnected youth (certain youth who are not regularly employed or attending school) in 2009 or 2010.
Part IV: Rules Relating to Debt Instruments
- (Sec. 1231) Allows a deferral of the recognition of income arising from the discharge of indebtedness in connection with the repurchase of a debt instrument after 2008 and before 2011.
(Sec. 1232) Suspends certain limitations on tax deductions for high yield discount obligations issued after August 31, 2008, and before January 1, 2010.
Part V: Qualified Small Business Stock
- (Sec. 1241) Increases in 2009 and 2010 the percentage (50% to 75%) of gain from the sale of qualified small business stock excludable from gross income.
Part VI: S Corporations
- (Sec. 1251) Allows a tax exemption for certain net recognized built-in gains of S corporations in 2009 and 2010.
Part VII: Rules Relating to Ownership Changes
- (Sec. 1261) Limits the applicability of Treasury Notice 2008-83 (suspending restrictions on the offset of net operating losses and unrealized built-in losses against the taxable income of certain corporate entities that acquire or merge with other entities) to periods prior to January 17, 2009.
(Sec. 1262) Exempts certain corporate entities from restrictions on the offset of net operating losses resulting from an ownership change that is required under a restructuring plan mandated by the Emergency Economic Stabilization Act of 2008.
Subtitle D: Manufacturing Recovery Provisions
- (Sec. 1301) Allows tax-exempt bond financing in 2009 and 2010 for facilities manufacturing intangible property.
(Sec. 1302) Allows a new tax credit for investment in a qualifying advanced energy project. Defines such projects to include property used to produce energy from the sun, wind, geothermal deposits, or other renewable resources, fuel cells, microturbines, electric grids to support the transmission of renewable energy, new qualified plug-in electric vehicles, and other property designed to reduce greenhouse gas emissions.
Subtitle E: Economic Recovery Tools
- (Sec. 1401) Allows the issuance in 2009 and 2010 of tax-exempt recovery zone bonds (i.e., recovery zone economic development bonds and recovery zone facility bonds) in areas of high unemployment for investment in infrastructure, job training, and education. Imposes a national limitation of $10 billion on recovery zone economic development bonds and $15 billion on recovery zone facility bonds.
(Sec. 1402) Allows Indian tribal governments to issue tribal economic development bonds. Imposes a national limitation of $2 billion on such bonds. Requires the Secretary of the Treasury to study and report to Congress on the effects of tribal economic development bonds.
(Sec. 1403) Increases the new markets tax credit investment limitation in 2008 and 2009.
(Sec. 1404) Reduces the state housing credit ceiling under the tax credit for low-income housing by grant amounts received in 2009 under this Act.
Subtitle F: Infrastructure Financing Tools - Part I: Improved Marketability for Tax-Exempt Bonds
- (Sec. 1501) Disregards in 2009 and 2010 limits applicable to the tax deduction for the tax-exempt bond interest expense of financial institutions for bonds comprising less than 2% of the adjusted basis of the total assets of such institutions.
(Sec. 1502) Increases to $30 million in 2009 and 2010 the threshold amount for the small issuer exception to tax-exempt interest expense allocation rules for financial institutions.
(Sec. 1503) Exempts interest on tax-exempt private activity bonds issued in 2009 or 2010 from the alternative minimum tax.
(Sec. 1504) Modifies the definition of "high-speed intercity rail facilities" for purposes of tax-exempt private activity bond financing to allow financing of vehicles capable of attaining a maximum speed in excess of 150 miles per hour (currently, financing is allowed for vehicles reasonably expected to operate at speeds in excess of 150 miles per hour).
Part II: Delay in Application of Withholding Tax on Government Contractors
- (Sec. 1511) Delays until 2012 the requirement that federal, state, and local governmental entities withhold 3% of the payments made to contractors who provide goods and services to such entities.
Part III: Tax Credit Bonds for Schools
- (Sec. 1521) Allows a new tax credit for investment in bonds for the construction, rehabilitation, or repair of a public school facility or for the acquisition of land for such facility (qualified school construction bonds). Sets forth limitations on the issuance amount of such bonds in 2009 and 2010.
(Sec. 1522) Increases in 2009 and 2010 the limitation on the issuance authority for qualified zone academy bonds.
Part IV: Build America Bonds
- (Sec. 1531) Provides for the issuance of Build America bonds as tax credit bonds. Requires such bonds to be issued before January 1, 2011. Allows a tax credit for 35% of the taxable interest paid on such bonds. Allows the issuer of such bonds (i.e., state and local governments) to elect to receive a refundable credit with respect to each interest payment to a bond holder.
Part V: Regulated Investment Companies Allowed to Pass-Thru Tax Credit Bond Credits
- (Sec. 1541) Allows regulated investment companies an election to pass through to shareholders credit amounts from investments in tax credit bonds.
Subtitle G: Other Provisions
- (Sec. 1601) Applies federal wage rate requirements for public buildings and works to projects financed with the proceeds of new clean renewable energy bonds, qualified energy conservation bonds, qualified zone academy bonds, qualified school construction bonds, and recovery zone economic development bonds.
(Sec. 1602) Directs the Secretary of the Treasury to make grants in 2009 to state housing credit agencies equal to a specified allocation of the low-income housing tax credit.
(Sec. 1603) Directs the Secretary to make grants to persons who place in service in 2009 and 2010 certain energy property that is eligible for the tax credit for producing electricity from renewable resources (e.g., wind, biomass, or solar energy facilities) or for the energy tax credit (e.g., fuel cell, geothermal, or microturbine property).
(Sec. 1604) Increases the public debt limit to $12.104 trillion.
Subtitle H: Prohibition on Collection of Certain Payments Made Under the Continued Dumping and Subsidy Offset Act of 2000
- (Sec. 1701) Prohibits the Secretary of Homeland Security (or any other person) from requiring repayment of, or attempting to recoup or offset, duties that were (1) distributed pursuant to the Continued Dumping and Subsidy Offset Act of 2000; (2) assessed and paid on imports of goods from Canada and Mexico; and (3) distributed on or after January 1, 2001, and before January 1, 2006. Permits the collection of duties resulting from false statements or other misconduct by a recipient of a duty payment, or a reliquidation of entries with respect to which duty payments were made.
Subtitle I: Trade Adjustment Assistance -
Trade and Globalization Adjustment Assistance Act of 2009
- Part I: Trade Adjustment Assistance For Workers - Subpart A: Trade Adjustment Assistance for Service Sector Workers -
(Sec. 1801) Amends the Trade Act of 1974 to extend trade adjustment assistance (TAA) to adversely affected workers in a service sector firm or public (federal, state, or local government) agency or subdivision.
Revises group eligibility requirements for TAA to cover: (1) a shift by the workers' firm to a foreign country in the supply of services like or directly competitive with services supplied by the workers' firm; or (2) instances where the workers' firm, including a public agency, has acquired such services from a foreign country. Requires such shift or acquisition of services to have contributed importantly to such workers' separation or threat of separation.
Applies specified criminal penalties to a false statement of a material fact, or a knowing failure to disclose a material fact, during an investigation of a TAA petition filed by service sector or public agency workers.
(Sec. 1802) Requires certification of a group of adversely affected workers of a firm publicly identified by the International Trade Commission (ITC) as a member of an adversely affected domestic industry.
(Sec. 1803) Requires certification determinations of the Secretary of Labor to be published on the Department of Labor's website.
Directs the Secretary of Labor to establish standards, including data requirements, for investigations of TAA petitions and criteria for making determinations. Requires consultation with specified congressional committees before issuing a final rule with respect to such standards.
(Sec. 1804) Requires the Secretary of Labor to implement a system to collect certain data on adversely affected service sector workers.
Requires the Secretary of Commerce to study and report to Congress on ways to improve the timeliness and coverage of data on trade in services.
Subpart B: Industry Notifications Following Certain Affirmative Determinations
- (Sec. 1811) Requires the ITC to notify the Secretary of Labor and the Secretary of Commerce (or, for agricultural commodities, the Secretary of Agriculture) of any affirmative determination of: (1) serious injury or market disruption, or threat of them, to a domestic industry; (2) the initiation of proceedings under safeguard provisions enacted to implement a trade agreement to which the United States is a party (including textile and apparel agreements); or (3) injury, or threat of injury, to a domestic industry by reason of imports which have been provided a countervailing subsidy or on which imposition of an antidumping duty is called for.
Requires the three Secretaries, in cases of an affirmation determination, to notify the firms of the affected industry of the allowances, training, employment services, assistance in filing petitions, and other benefits provided under the Act.
(Sec. 1812) Requires the Secretary of Labor to notify the Secretary of Commerce of the identity of firms that have been certified as eligible for TAA.
Subpart C: Program Benefits
- (Sec. 1821) Revises certain qualifying requirements for TAA for adversely affected workers.
(Sec. 1822) Allows an adversely affected worker to elect to receive TAA instead of unemployment insurance in certain circumstances.
(Sec. 1823) Increases the length of time for training of adversely affected workers.
(Sec. 1824) States that any period during which a judicial or administrative appeal is pending with respect to the denial by the Secretary of a TAA petition shall not be counted in calculating the period of separation for eligibility purposes.
Authorizes the Secretary for justifiable cause to extend the training period during which TAA allowances are payable to an adversely affected worker (but not the maximum amounts of such allowances).
Authorizes the Secretary to waive any requirement necessary to ensure that an adversely affected worker who serves a certain period of active duty in a reserve component of the Armed Forces in response to a presidentially-declared national emergency is eligible to receive TAA, training, and other related benefits in the same manner and to the same extent as if the worker had not served the period of duty.
(Sec. 1825) Declares that any law, regulation, policy, or practice of a cooperating state that allows for a good cause waiver of any time limitation relating to the administration of the state unemployment insurance law shall, in the state administration of the TAA program, apply to any time limitation with respect to a TAA application or enrollment in training.
(Sec. 1826) Requires the Secretary of Labor to make available, directly or through the states, specified employment and case management services to adversely affected workers and adversely affected incumbent workers certified under the TAA program.
(Sec. 1827) Requires additional payments to states participating in the training of adversely affected workers under the TAA program for administrative expenses and state-provided employment and case management services.
(Sec. 1828) Increases the cap amount for training of adversely affected workers for: (1) FY2009 and FY2010; and (2) the period from October 1- December 31, 2010. Specifies a new distribution formula.
(Sec. 1829) Includes among training programs that may be approved for adversely affected workers: (1) certain apprentice programs; (2) any program of prerequisite education or coursework required to enroll in an approved training program; and (3) any training program or coursework at an accredited institution of higher education, including one to obtain a degree or certification or complete a degree or certification that the worker had previously begun at an accredited institution of higher education.
(Sec. 1830) Provides for pre-layoff and part-time training for adversely affected workers and adversely affected incumbent workers. Defines "adversely affected incumbent worker" as a worker who: (1) is a member of a group of workers that have been certified for TAA; (2) has not been totally or partially separated from adversely affected employment; and (3) is threatened with separation.
(Sec. 1831) Authorizes the Secretary to provide for the payment of on-the-job training for adversely affected workers.
(Sec. 1832) Revises the prohibition against determining an adversely affected worker for unemployment insurance or TAA program benefits because of training or other specified reasons. Repeals the requirement for quarterly reports to Congress on funds expended for training.
(Sec. 1833) Increases the maximum allowance to cover costs of such workers for job search expenses and relocation expenses.
Subpart D: Reemployment Trade Adjustment Assistance Program
- (Sec. 1841) Replaces the demonstration project for alternative TAA for older workers with a reemployment TAA program eligibility program for older workers.
Subpart E: Other Matters
- (Sec. 1851) Establishes in the Department of Labor the Office of Trade Adjustment Assistance to oversee and implement the TAA program, headed by an administrator reporting directly to the Deputy Assistant Secretary for Employment and Training.
(Sec. 1852) Revises requirements for TAA program agreements with states. Requires state agencies to make employment and case management services available to adversely affected workers and adversely affected incumbent workers.
Requires such agreements to provide the Secretary with authority to collect any data necessary to meet program requirements.
Requires each cooperating state agency to: (1) perform outreach to, intake of, and orientation for adversely affected workers and adversely affected incumbent workers covered by a TAA certification; and (2) make certain employment and case management services to them, and, if provided funds are insufficient, to make arrangements to make such services available through other federal programs.
Directs the Secretary to require each cooperating state and state agency to implement effective control measures over the operation and administration of the TAA program, including by monitoring such measures to improve the accuracy and timeliness of collected and reported data.
(Sec. 1853) Requires any TAA agreements with states to provide that the state shall periodically redetermine and reverify that a worker receiving benefits under this subchapter who is not a U.S. citizen or national remains in a satisfactory immigration status.
(Sec. 1854) Directs the Secretary of Labor to implement a system to collect, report to Congress, and make publicly available on the Department of Labor's website data on: (1) petitions filed, certified, and denied under the TAA program; (2) the number of workers receiving TAA benefits; (3) the number of workers enrolled in training; (4) the sectors in which workers are employed after receiving TAA benefits; and (5) whether rapid response activities were provided to each petition filed for TAA.
(Sec. 1855) Revises requirements for recovery of overpayments. Requires (current law authorizes) a state agency or the Secretary of Labor to waive repayment of TAA paid mistakenly to a person in cases where it was not person's fault and it would cause the person a financial hardship.
(Sec. 1856) Expresses the sense of Congress that provisions relating to TAA for workers, firms, communities, and farmers should be applied with the utmost regard for their interests in petitioning for such assistance.
(Sec. 1857) Requires the Secretary of Labor, before issuing a final rule with respect to the TAA program, to consult with specified congressional committees.
Part II: Trade Adjustment Assistance for Firms
- (Sec. 1861) Extends TAA for firms to service sector firms.
(Sec. 1862) Revises requirements regarding certification of firms for TAA to include service sector firms.
(Sec. 1863) Authorizes the Secretary, in the process for certifying TAA for a firm, to determine that there are increased imports of like or directly competitive articles or services, if customers accounting for a significant percentage of the decrease in the firm's sales or production certify to the Secretary that they have increased their imports of such articles or services from a foreign country, either absolutely or relative to their acquisition of such articles or services from suppliers located in the United States.
(Sec. 1864) Replaces direct loans or loan guarantees in the economic adjustment of a firm with grants to or contracts with intermediary organization to provide benefits to such firms.
Authorizes appropriations for TAA for firms for: (1) FY2009 and 2010; and (2) the period from October 1- December 31, 2010.
(Sec. 1865) Revises the specification of false statements for the purpose of influencing a TAA determination. Increases criminal fines for such statements.
(Sec. 1866) Requires the Secretary of Commerce to report annually to Congress on TAA for firms.
Part III: Trade Adjustment Assistance for Communities
- (Sec. 1871) Re-establishes a TAA program for communities impacted by trade.
Directs the Secretary of Commerce to establish a TAA for communities program at the Department of Commerce to: (1) provide technical assistance to communities impacted by trade to facilitate their economic adjustment; and (2) award grants to such communities to carry out strategic plans.
Authorizes appropriations for: (1) FY2009 and FY2010; and (2) the period from October 1 - December 31, 2010.
Authorizes the Secretary of Labor to award: (1) Community College and Career Training Grants to institutions of higher education to develop educational or career training programs for adversely affected workers; and (2) Sector Partnership Grants to eligible partnerships to carry out projects to strengthen and revitalize industries and sectors and create employment opportunities for dislocated workers in communities impacted by trade.
Authorizes appropriations for: (1) FY2009 and FY2010; and (2) the period from October 1 - December 31, 2010.
Part IV: Trade Adjustment Assistance for Farmers
- (Sec. 1881) Includes any class of goods within an agricultural commodity and wild-caught aquatic species as agricultural commodities for purposes of TAA for farmers.
Expands the meaning of agricultural commodity producer to mean: (1) a person that shares in the risk of producing an agricultural commodity and is entitled to a share of the commodity for marketing, including an operator, a sharecropper, or a person that owns or rents the land on which the commodity is produced; or (2) a person that reports gain or loss from the trade or business of fishing on the person's annual federal income tax return for the taxable year that most closely corresponds to the marketing year with respect to which a TAA petition is filed.
(Sec. 1882) Revises TAA program eligibility requirements for certain farmers.
(Sec. 1883) Revises qualifying requirements and TAA benefits for agricultural commodity producers.
(Sec. 1885) Makes any person who has expended TAA funds for a purpose that was not approved by the Secretary liable to repay them.
(Sec. 1886) States that, in the case of an agricultural commodity producer that is a fisherman or aquaculture producer, and is otherwise eligible for TAA relief from injury caused by import competition, the increase in imports of articles like or directly competitive with the agricultural commodity produced by such producer may be based on imports of wild-caught seafood, farm-raised seafood, or both.
(Sec. 1887) Authorizes appropriations for TAA for farmers for: (1) FY2009 and FY2010; and (2) the period from October 1 - December 31, 2010.
Part V: General Provisions
- (Sec. 1892) Extends the TAA programs for workers, firms, farmers, and communities through December 31, 2010.
Part VI: Health Coverage Improvement
- TAA Health Coverage Improvement Act of 2009 - (Sec. 1899A) Amends the Internal Revenue Code (IRC) to revise the tax credit for the health insurance costs of TAA workers for eligible coverage months beginning before January 1, 2011, to: (1) increase the credit from 65% to 80% of health insurance costs, including advance payments; and (2) require one or more retroactive payments of such 80% credit for months prior to commencement of advance payments of the credit.
(Sec. 1899C) Makes TAA recipients who are not enrolled in a training program, or who are receiving unemployment compensation, eligible for such tax credit for the period between enactment of this Act and January 1, 2011.
(Sec. 1899D) Amends the IRC, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to prescribe a TAA pre-certification period rule for purposes of determining whether there is a 63-day lapse in creditable health care coverage for TAA workers in order to prevent such a lapse.
(Sec. 1899E) Sets forth requirements to provide continued eligibility for the credit for qualifying family members for the first 24 months after the event if the eligible individual becomes entitled to Medicare, is divorced, or dies.
(Sec. 1899F) Extends Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage for certain qualified TAA-eligible individuals and Pension Benefit Guaranty Corporation (PBGC) recipients.
(Sec. 1899G) Entitles to the tax credit, for eligible coverage months beginning before January 1, 2011, coverage under an employee benefit plan funded by a voluntary employees' beneficiary association established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative.
(Sec. 1899H) Prescribes additional requirements for a mandatory qualified health insurance costs eligibility certificate providing information about an individual eligible for the tax credit.
(Sec. 1899I) Directs the Secretary of the Treasury to conduct a biennial survey, and report to specified congressional committees, on individuals eligible for the health insurance tax credit.
(Sec. 1899J) Authorizes appropriations for FY2009 and FY2010 to implement this Act.
(Sec. 1899K) Amends the Workforce Investment Act of 1998 to authorize a state or entity to use national emergency grant funds to provide TAA workers and their family members with health insurance coverage for the three months preceding their first eligibility month for tax credit purposes.
Authorizes appropriations for FY2009 and FY2010.
(Sec. 1899L) Directs the Comptroller General to study and report to Congress on the health insurance tax credit.
Title II: Assistance for Unemployed Workers and Struggling Families -
Assistance for Unemployed Workers and Struggling Families Act -
Subtitle A: Unemployment Insurance
- (Sec. 2001) Amends the Supplemental Appropriations Act, 2008, as amended by the Unemployment Compensation Extension Act of 2008, to extend the Emergency Unemployment Compensation (EUC) program through December 31, 2009.
Prohibits a Tier-2 augmentation to an individual's emergency unemployment compensation account (EUCA) after December 31, 2009, if the EUCA is exhausted after such date.
Extends the period of emergency unemployment compensation through May 31, 2010.
Requires the Secretary of the Treasury to transfer unappropriated funds from the general fund of the Treasury to the extended unemployment compensation account and the employment security administration account in such sums as the Secretary of Labor estimates for payments to states for the extended EUC program and the costs of program administration.
Appropriates such funds, without fiscal year limitation and repayment requirements.
(Sec. 2002) Authorizes a state to enter into an agreement with the Secretary of Labor providing for additional unemployment compensation, including an additional $25 per week.
Prescribes optional state payment methods.
Requires federal payments to states that have entered into such agreements to cover 100% of such payments to individuals and any associated additional state administrative expenses.
Appropriates from the general fund of the Treasury, without fiscal year limitation, funds necessary for such additional unemployment compensation payments.
Limits the coverage of such federal-state agreements to weeks of unemployment ending before January 1, 2010. Prohibits additional compensation payments to individuals still entitled to it as of January 1, 2010, for any week beginning after June 30, 2010.
Applies to such additional unemployment compensation payments the requirements of the Supplemental Appropriations Act, 2008 for handling fraud and EUC overpayments.
Requires disregard of monthly payments of such additional compensation in considering an individual's income for title XIX (Medicaid) and title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act.
(Sec. 2003) Amends the Social Security Act to require the Secretary of Labor to provide for unemployment compensation modernization incentive payments in FY2009-FY2011 to state accounts in the Unemployment Trust Fund, by transfer from amounts reserved in the federal unemployment account.
Sets forth a formula for determining, and state unemployment compensation law requirements governing eligibility for, such incentive payments.
Requires the Secretary of the Treasury, in addition to any other amounts, to transfer in FY2009 from the employment security administration account to each state account in the Fund an amount determined according to a specified formula for: (1) administration of the state law carrying out the purposes for which the state receives a modernization incentive payment; (2) improved outreach to individuals who might be eligible for regular unemployment compensation by virtue of state law; (3) the improvement of unemployment benefit and unemployment tax operations; and (4) staff-assisted reemployment services for unemployment compensation claimants.
(Sec. 2004) Amends the Social Security Act to deem, for a specified period through December 31, 2010, that a state has already made certain interest payments otherwise due for federal advances to its unemployment fund. Prohibits any accrual of interest on such advances during such period.
(Sec. 2005) Provides 100% federal funding of extended unemployment compensation for weeks between the enactment of this Act and January 2, 2010.
Allows states the option to terminate an individual's eligibility for such extended unemployment compensation on May 30, 2010.
Extends through May 30, 2010, federal matching for the first week of extended benefits for states with no waiting week.
(Sec. 2006) Amends the Railroad Unemployment Insurance Act to provide a temporary increase in extended unemployment benefits, through December 31, 2009, for employees with 10 or more years of service and for those with less than 10. Makes appropriations to cover such cost.
Makes appropriations to the Railroad Retirement Board to cover administrative expenses associated with such additional extended unemployment benefits.
Subtitle B: Assistance for Vulnerable Individuals
- (Sec. 2101) Amends part A of title IV (Temporary Assistance to Needy Families) (TANF) of the Social Security Act (SSA) to establish in the Treasury an Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs (Emergency Fund). Makes appropriations to such Fund.
Directs the Secretary of Health and Human Services (HHS) to make a grant from the Emergency Fund to each requesting state for any quarter of FY2009-FY2010 if the state's average monthly assistance caseload for the quarter exceeds its average monthly assistance caseload for the corresponding quarter in the state's emergency fund base year. Requires the amount of any such grant to be 80% of the excess of total state expenditures for basic assistance over total state expenditures for such assistance for the corresponding quarter in the state's emergency fund base year.
Requires a grant from the Emergency Fund to each requesting state for any quarter of FY2009-FY2010 if the state's total expenditures for non-recurrent short term benefits in the quarter exceeds its total such expenditures in the corresponding quarter in the state's emergency fund base year. Requires the amount of any such grant to be 80% of such excess.
Requires a grant from the Emergency Fund to each requesting state for any quarter of FY2009-FY2010 if the state's total expenditures for subsidized employment in the quarter exceeds its total such expenditures in the corresponding quarter in the state's emergency fund base year. Requires the amount of any such grant to be 80% of such excess.
Limits total amount payable to a single state for a fiscal year from the Contingency Fund for State Welfare Programs and from the Emergency Fund to 50% percent of the state family assistance grant.
Applies the grant eligibility and related requirements to an Indian tribe with an approved tribal family assistance plan in the same manner as they apply to a state.
Revises the pro rata reduction of the state participation rate for mandatory work activities due to caseload reductions not required by federal law and not resulting from changes in state eligibility criteria. Changes the factor in the formula for such a reduction relating to the average monthly number of families receiving assistance during the immediately preceding fiscal year. Replaces the immediately preceding fiscal year as the year in the formula, if such year happens to be either FY2009 or FY2010, with the state's emergency fund base year.
(Sec. 2102) Extends TANF supplemental grants through FY2010.
(Sec. 2103) Makes technical amendments to the authority of a state or Indian tribe to use a block grant for TANF for any fiscal year to provide, without fiscal year limitation, (carry over) any benefit or service that may be provided under the program funded under the block grant, including future contingencies.
(Sec. 2104) Amends SSA title IV part D (Child Support and Establishment of Paternity) to suspend for FY2008-FY2010 the prohibition against payments to states with respect to their plans for child and spousal support collection on account of amounts expended by a state from support collection performance incentive payments received from the Secretary of HHS (thus allowing such additional payments during such period).
Subtitle C: Economic Recovery Payments to Certain Individuals
- (Sec. 2201) Directs the Secretary of the Treasury to make a one-time payment of $500 to each eligible individual age 18 or over who, during the three-month period immediately preceding enactment of this Act, was entitled to Social Security benefits, railroad retirement benefits, or veterans disability benefits.
(Sec. 2202) Allows an income tax credit under the Internal Revenue Code for the first taxable year beginning in 2009 of $250 ($500 in the case of a joint return where both spouses are eligible individuals) for any amount received as a pension or annuity for service performed in the employ of the federal or a state government or instrumentality which is not considered employment for purposes of the Federal Insurance Contributions Act (FICA). Excludes from eligibility for this tax credit anyone otherwise qualified who receives the one-time payment of $500 under this subtitle.
Title III: Premium Assistance for COBRA Benefits
- (Sec. 3001) Treats an individual as having paid the amount of the premium for any COBRA coverage if such individual pays 35% of the amount of such premium or such amount is paid on the individual's behalf.
Allows an individual to enroll in an alternate plan offered by an employer that meets certain requirements and that will be treated as COBRA coverage under this title.
Sets forth: (1) eligibility periods for such premium assistance; (2) eligibility requirements; and (3) procedures for expedited review of any denial of assistance.
Requires notices of eligibility for COBRA coverage to include notice of availability of premium reduction. Sets forth notification requirements.
Directs the Secretary of Labor to provide public education and enrollment assistance relating to premium reduction.
Amends the Internal Revenue Code to require the person to whom premiums are payable under COBRA coverage to be reimbursed for the amount of premiums not paid by assistance-eligible individuals. Treats such person entitled to reimbursement as having paid payroll taxes to the Secretary of the Treasury in an amount equal to the reimbursement due. Requires the Secretary, to the extent that such amount treated as paid exceeds the persons liability for such taxes, to credit or refund such excess amount as if it were an overpayment of such taxes. Treats an overstatement of the reimbursement to which a person is entitled as an underpayment of payroll taxes.
Prohibits reimbursement from being made until after the reduced premium has been received.
Sets forth reporting requirements for each person entitled to a reimbursement under this title.
Provides for reimbursement or a credit to an assistance-eligible individual if such individual pays the full premium for such coverage.
Establishes a penalty for a person's failure, if so required, to notify a group health plan that he or she is no longer eligible for a premium reduction. Prohibits a penalty from being imposed for any such failure that is due to reasonable cause and not to willful neglect.
Provides that gross income does not include any premium reduction provided for under this title.
Reduces the amount of the subsidy for taxpayers whose adjusted gross income exceeds $125,000 ($250,000 for married couples).
Title IV: Medicare and Medicaid Health Information Technology; Miscellaneous Medicare Provisions - Subtitle A: Medicare Incentives
- (Sec. 4101) Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish specified incentive payments for certain eligible physicians who adopt and use certified electronic health record (EHR) technology meaningfully, beginning in 2011. Prohibits incentive payments with respect to a year after 2016.
Reduces Medicare payments for any eligible professional who is not a meaningful EHR user beginning in 2015, except in certain circumstances where compliance with meaningful EHR requirements would result in a significant hardship.
Applies such payment incentives for certain Medicare+Choice (MedicareAdvantage, or MA) organizations for adoption and meaningful use of such technology.
Directs the Secretary of HHS to study and report to Congress on the extent to which, and manner in which, payment incentives and adjustments could be made available to professionals who are not eligible for health information technology (HIT) incentive payments and receive payments for Medicare patient services nearly exclusively through contractual arrangements with one or more MA organizations, or an intermediary organization or organizations with contracts with MA organizations.
(Sec. 4102) Establishes incentive payments for certain eligible hospitals that adopt and meaningfully use certified EHR technology beginning in FY2011.
Reduces the market basket update for any eligible hospital that has not adopted a certified system beginning in 2015, except in certain circumstances where compliance with meaningful EHR requirements would result in a significant hardship.
(Sec. 4103) Prohibits taking payment incentives made by this Act into account for computation of monthly Medicare premiums for individuals.
Makes the Medicare Improvement Fund available for increases in the conversion factor in the formula for determining the payment for physicians' services.
Makes appropriations for FY2009-FY2016 to the Secretary of HHS for the Center for Medicare & Medicaid Services Program Management Account for implementation of this part.
(Sec. 4104) Instructs the Secretary of HHS to study and report to Congress on the extent to which, and manner in which, payment incentives and other funding for implementing and using certified EHR technology should be made to health care providers receiving minimal or no payment incentives or other funding under this Act, under SSA title XVIII (Medicare) or XIX (Medicaid), or otherwise, for such purposes.
Requires the Secretary to make a similar study and report on the availability of open source health information technology systems to federal safety net providers (including small, rural providers), as well as system capacity and ability and the cost of ownership.
Subtitle B: Medicaid Incentives
- (Sec. 4201) Amends SSA title XIX to establish incentive payments to encourage the adoption and use by Medicaid providers of certified EHR technology that are certified as meeting certain standards. Places limitations on such payments and on the allowable purchase and maintenance costs of such records on which such payments are based.
Makes fully reimbursable by the federal government any state spending for payments to providers for adoption and operation of certified EHR technology.
Makes 90% of the state costs in administering the program also reimbursable by the federal government.
Makes appropriations for FY2009-FY2016 to the Secretary of HHS for the Center for Medicare & Medicaid Services Program Management Account for implementation of this part.
Subtitle C: Miscellaneous Medicare Provisions
- (Sec. 4301) Prohibits the Secretary of HHS from phasing out or eliminating the budget neutrality adjustment factor in the Medicare hospice wage index before October 1, 2009. Requires the Secretary to recompute and apply the final index for FY2009 as if there had been no reduction in the budget neutrality adjustment factor.
Provides for non-application of the phased-out indirect medical education (IME) adjustment factor for FY2009.
Directs the Secretary of HHS to transfer certain funds to the Centers for Medicare & Medicaid Services Program Management Account for FY2009 to implement these requirements.
(Sec. 4302) Makes technical corrections to the Medicare, Medicaid, and SCHIP Extension Act of 2007 with respect to long-term care (LTC) hospitals.
Title V: State Fiscal Relief
- (Sec. 5001) Establishes a temporary increase in the federal medical assistance percentage (FMAP) with respect to Medicaid payments for FY2009-FY2011 for eligible states. Makes a general 6.2 percentage point increase in the FMAP for each state for calendar quarters during the recession adjustment period, plus an additional adjustment for high unemployment states.
Gives Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa the option of a 30% increase in their medical assistance cap amount or a 6.2 percentage point increase in their FMAP plus a 15% increase in their cap.
Applies the temporary increase in FMAP to payments under title IV part E (Foster Care and Adoption Assistance) of the Social Security Act (SSA). Prohibits application of such increase to: (1) Medicaid payments to disproportionate share (DSH) hospitals; (2) payments under the State Children's Health Insurance Program (SCHIP) under SSA title XXI; and (3) Medicaid payments attributable to expenditures for medical assistance provided to individuals made eligible under a state Medicaid plan because of income standards for eligibility for medical assistance that are higher than the income standards for such eligibility as in effect on July 1, 2008.
(Sec. 5002) Prescribes a temporary increase in state allotments for payments to Medicaid DSH hospitals.
(Sec. 5003) Amends the Supplemental Appropriations Act, 2008 to extend through July 1, 2009, the moratorium on final regulations relating to optional case management services and allowable provider taxes.
Amends the Medicare, Medicaid, and SCHIP Extension Act of 2007, as amended by the Supplemental Appropriations Act, 2008, to extend through July 1, 2009, the moratorium on final regulations relating to school-based administration and school-based transportation.
Prohibits the Secretary, with respect to expenditures for services furnished between December 8, 2008, and June 30, 2009, from taking any action to implement the final regulation relating to clarification of the definition of outpatient hospital facility services under the Medicaid program published on November 7, 2008.
Expresses the sense of Congress that the Secretary should not promulgate as final regulations proposed Medicaid regulations relating to: (1) cost limits for certain providers; (2) payments for graduate medical education; and (3) rehabilitative services.
(Sec. 5004) Extends transitional medical assistance (TMA) from June 30, 2009, through December 31, 2010.
Gives states the option of: (1) extending the six-month TMA eligibility period for another six months; and (2) waiving the requirement that a family have received medical assistance for at least three months to qualify for a TMA extension.
Directs each state to collect and submit to the Secretary of HHS information, and the Secretary to report annually to Congress, on: (1) average monthly enrollment and average monthly participation rates for adults and children; and (2) the number and percentage of children who become ineligible for medical assistance whose medical assistance is continued under another eligibility category or who are enrolled under SCHIP.
(Sec. 5005) Extends the qualifying individual (QI) program through December 2010 and the total amount available for allocation under such program.
(Sec. 5006) Prohibits state Medicaid programs from imposing cost-sharing requirements on Indians or Alaska Natives when the beneficiary is receiving an item or service directly from an Indian health care provider or through referral from a Contract Health Services provider.
Requires the state to disregard certain property from resources for purposes of determining the eligibility of an Indian under Medicaid and SCHIP.
Requires estate recovery procedures used by state Medicaid programs to exempt certain income, resources, and property already exempt as of April 1, 2003, under specified manual instructions.
Requires any contract with a non-Indian Medicaid managed care entity to give Indians the option to choose an Indian health care provider participating in the entity's network as the Indian's primary care provider.
Requires each such contract to assure payment to Indian health care providers for provision of covered services.
Establishes special payment requirements for federally-qualified health centers and for services provided by certain Indian health care providers.
Directs the Secretary to maintain within the Centers for Medicaid & Medicare Services a Tribal Technical Advisory Group (TTAG), including representatives of national urban Indian health organizations and the Indian Health Service.
Requires state Medicaid and SCHIP programs to provide a process for seeking advice on a regular, ongoing basis from Indian Health Programs and Urban Indian Organizations on all matters likely to have a direct effect on such Programs and Organizations, including plan amendments, waiver requests, and proposals for demonstration projects.
(Sec. 5007) Makes appropriations to the HHS Office of Inspector General for ensuring the proper expenditure of federal Medicaid funds.
Makes appropriations to the Secretary for implementation of the increased FMAP.
(Sec. 5008) Directs the Comptroller General to study and report to Congress on the period of national economic downturn in effect on the enactment of this Act, as well as previous periods of national economic downturn since 1974, for the purpose of developing recommendations for addressing the needs of states during such periods.
Title VI: Broadband Communications -
(Sec. 6001) Establishes the Broadband Technology Opportunities Program for specified purposes, including to: (1) provide broadband service to unserved areas of the United States: (2) improved broadband service to underserved U.S. areas; (3) provide broadband education, awareness, training, equipment and support to schools, outreach organizations, and job creating facilities; (4) improve access to broadband service by public safety agencies; and (5) stimulate the demand for broadband, economic growth, and job creation.
Includes among grant uses: (1) acquisition of equipment, networking capability, hardware and software, and infrastructure for broadband services; and (2) construction and deployment of broadband infrastructure. Requires reports from grant recipients. Permits deobligation of funds to grant recipients with inadequate performance.
Requires the Federal Communications Commission (FCC) to report on a national broadband plan.
Requires development and maintenance of a comprehensive nationwide inventory map of existing broadband capability.
Title VII: Limits on Executive Compensation
- (Sec. 7001) Amends the Emergency Economic Stabilization Act of 2008 (the Act) to direct the Secretary of the Treasury to require each entity receiving financial assistance under the Troubled Asset Relief Program (TARP) to meet specified standards for executive compensation and corporate governance of such entity during the period in which any obligation arising from TARP financial assistance remains outstanding, including: (1) limits on compensation that exclude incentives for senior executive officers of the TARP recipient to take unnecessary and excessive risks that threaten the value of such recipient; (2) the recovery by the TARP recipient of any bonus, award, or compensation paid to a senior executive officer and any of the next 20 most highly-compensated employees based on statements of earnings, revenue, or other criteria that are later found to be materially inaccurate; (3) a prohibition against any TARP recipient making any "golden parachute" payment to a senior executive officer or any of the next five most highly-compensated employees; (4) a prohibition against any TARP recipient paying or accruing any bonus, award, or incentive compensation, except with respect to the payment of certain long-term restricted stock; (5) a prohibition against any compensation plan that would encourage the manipulation of reported earnings; and (6) the establishment of a Board Compensation Committee.
Requires the board of directors of each TARP recipient to be comprised entirely of independent directors and to have in place a company-wide policy limiting excessive or luxury expenditures, including regarding: (1) entertainment or events; (2) office and facility renovations; and (3) aviation or other transportation services.
Requires annual shareholder approval of executive compensation of TARP recipients.
Directs the Secretary to review and, if necessary, take appropriate action with respect to, compensation paid to the senior executive officers and the next 20 most highly-compensated employees of each TARP recipient prior to the enactment of this Act.
(Sec. 7002) States that the Secretary shall not be required to apply executive compensation restrictions or to receive warrants or debt instruments solely in connection with a loan modification under the Act.
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Bill titles: Making supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization, for fiscal year ending September 30, 2009, and for other purposes.; American Recovery and Reinvestment Tax Act of 2009; Assistance for Unemployed Workers and Struggling Families Act; Employ American Workers Act; HITECH Act; Health Information Technology for Economic and Clinical Health Act; Jobs Accountability Act; TAA Health Coverage Improvement Act of 2009; Trade and Globalization Adjustment Assistance Act of 2009; American Recovery and Reinvestment Tax Act of 2009; Assistance for Unemployed Workers and Struggling Families Act; Employ American Workers Act; HITECH Act; Health Information Technology for Economic and Clinical Health Act; Jobs Accountability Act; TAA Health Coverage Improvement Act of 2009; Trade and Globalization Adjustment Assistance Act of 2009
Links for more info on the vote: congress.gov