Commerce, Justice, & Science
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H.R.1
American Recovery and Reinvestment Act of 2009 (Public Print)
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
operations and administration
For an additional amount for `Operations and Administration', $20,000,000, to remain available until September 30, 2010.
Economic Development Administration
economic development assistance programs
For an additional amount for `Economic Development Assistance Programs', $150,000,000, to remain available until September 30, 2010: Provided, That $50,000,000 shall be for economic adjustment assistance as authorized by section 209 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3149): Provided further, That in allocating the funds provided in the previous proviso, the Secretary of Commerce shall give priority consideration to areas of the Nation that have experienced sudden and severe economic dislocation and job loss due to corporate restructuring.
Bureau of the Census
periodic censuses and programs
For an additional amount for `Periodic Censuses and Programs', $1,000,000,000, to remain available until September 30, 2010.
National Telecommunications and Information Administration
broadband technology opportunities program
For an amount for `Broadband Technology Opportunities Program', $7,000,000,000, to remain available until September 30, 2010: Provided, That of the funds provided under this heading, $6,650,000,000 shall be expended pursuant to section 201 of this Act, of which: not less than $200,000,000 shall be available for competitive grants for expanding public computer center capacity, including at community colleges and public libraries; not less than $250,000,000 shall be available for competitive grants for innovative programs to encourage sustainable adoption of broadband service; and $10,000,000 shall be transferred to `Department of Commerce, Office of Inspector General' for the purposes of audits and oversight of funds provided under this heading and such funds shall remain available until expended: Provided further, That 50 percent of the funds provided in the previous proviso shall be used to support projects in rural communities, which in part may be transferred to the Department of Agriculture for administration through the Rural Utilities Service if deemed necessary and appropriate by the Secretary of Commerce, in consultation with the Secretary of Agriculture, and only if the Committees on Appropriations of the House and the Senate are notified not less than 15 days in advance of the transfer of such funds: Provided further, That of the funds provided under this heading, up to $350,000,000 may be expended pursuant to Public Law 110-385 (47 U.S.C. 1301 note) and for the purposes of developing and maintaining a broadband inventory map pursuant to section 201 of this Act: Provided further, That of the funds provided under this heading, amounts deemed necessary and appropriate by the Secretary of Commerce, in consultation with the Federal Communications Commission (FCC), may be transferred to the FCC for the purposes of developing a national broadband plan or for carrying out any other FCC responsibilities pursuant to section 201 of this Act, and only if the Committees on Appropriations of the House and the Senate are notified not less than 15 days in advance of the transfer of such funds: Provided further, That not more than 3 percent of funds provided under this heading may be used for administrative costs, and this limitation shall apply to funds which may be transferred to the Department of Agriculture and the FCC.
digital-to-analog converter box program
For an amount for `Digital-to-Analog Converter Box Program', $650,000,000, for additional coupons and related activities under the program implemented under section 3005 of the Digital Television Transition and Public Safety Act of 2005, to remain available until September 30, 2010: Provided, That of the amounts provided under this heading, $90,000,000 may be for education and outreach, including grants to organizations for programs to educate vulnerable populations, including senior citizens, minority communities, people with disabilities, low-income individuals, and people living in rural areas, about the transition and to provide one-on-one assistance to vulnerable populations, including help with converter box installation: Provided further, That the amounts provided in the previous proviso may be transferred to the Federal Communications Commission (Commission) if deemed necessary and appropriate by the Secretary of Commerce in consultation with the Commission, and only if the Committees on Appropriations of the House and the Senate are notified not less than 5 days in advance of transfer of such funds: Provided further, That $2,000,000 of funds provided under this heading shall be transferred to `Department of Commerce, Office of Inspector General' for audits and oversight of funds provided under this heading.
National Institute of Standards and Technology
scientific and technical research and services
For an additional amount for `Scientific and Technical Research and Services', $168,000,000, to remain available until September 30, 2010.
construction of research facilities
For an additional amount for `Construction of Research Facilities', $307,000,000, to remain available until September 30, 2010.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for `Operations, Research, and Facilities', $377,000,000, to remain available until September 30, 2010.
procurement, acquisition and construction
For an additional amount for `Procurement, Acquisition and Construction', $645,000,000, to remain available until September 30, 2010.
Office of Inspector General
For an additional amount for `Office of Inspector General', $6,000,000, to remain available until September 30, 2012.
DEPARTMENT OF JUSTICE
General Administration
tactical law enforcement wireless communications
For an additional amount for `Tactical Law Enforcement Wireless Communications', $100,000,000 for the costs of developing and implementing a nationwide Integrated Wireless network supporting Federal law enforcement, to remain available until September 30, 2010.
Detention Trustee
For an additional amount for `Detention Trustee', $100,000,000, to remain available until September 30, 2010.
Office of Inspector General
For an additional amount for `Office of Inspector General', $2,000,000, to remain available until September 30, 2011.
United States Marshals Service
salaries and expenses
For an additional amount for `Salaries and Expenses', $50,000,000, to remain available until September 30, 2010.
construction
For an additional amount for `Construction', $100,000,000, to remain available until September 30, 2010.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for `Salaries and Expenses', $75,000,000, to remain available until September 30, 2010.
construction
For an additional amount for `Construction', $300,000,000, to remain available until September 30, 2010.
Federal Prison System
buildings and facilities
For an additional amount for `Federal Prison System, Buildings and Facilities', $800,000,000, to remain available until September 30, 2010.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For an additional amount for `Violence Against Women Prevention and Prosecution Programs', $300,000,000 for grants to combat violence against women, as authorized by part T of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.): Provided, That, $50,000,000 shall be transitional housing assistance grants for victims of domestic violence, stalking or sexual assault as authorized by section 40299 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322).
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for `State and Local Law Enforcement Assistance', $1,200,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Street Act of 1968 (`1968 Act'), (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of the 1968 Act, shall not apply for purposes of this Act), to remain available until September 30, 2010.
For an additional amount for `State and Local Law Enforcement Assistance', $300,000,000 for competitive grants to improve the functioning of the criminal justice system, to assist victims of crime (other than compensation), and youth mentoring grants, to remain available until September 30, 2010.
For an additional amount for `State and Local Law Enforcement Assistance', $90,000,000, to remain available until September 30, 2010, for competitive grants to provide assistance and equipment to local law enforcement along the Southern border and in High-Intensity Drug Trafficking Areas to combat criminal narcotics activity stemming from the Southern border, of which $10,000,000 shall be transferred to `Bureau of Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses' for the ATF Project Gunrunner.
For an additional amount for `State and Local Law Enforcement Assistance', $300,000,000, to remain available until September 30, 2010, for assistance to Indian tribes, notwithstanding Public Law 108-199, division B, title I, section 112(a)(1) (118 Stat. 62), of which--
(1) $250,000,000 shall be available for grants under section 20109 of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322);
(2) $25,000,000 shall be available for the Tribal Courts Initiative; and
(3) $25,000,000 shall be available for tribal alcohol and substance abuse drug reduction assistance grants.
For an additional amount for `State and Local Law Enforcement Assistance', $100,000,000, to remain available until September 30, 2010, to be distributed by the Office for Victims of Crime in accordance with section 1402(d)(4) of the Victims of Crime Act of 1984 (Public Law 98-473).
For an additional amount for `State and Local Law Enforcement Assistance', $150,000,000, to remain available until September 30, 2010, for assistance to law enforcement in rural areas, to prevent and combat crime, especially drug-related crime.
For an additional amount for `State and Local Law Enforcement Assistance', $50,000,000, to remain available until September 30, 2010, for Internet Crimes Against Children (ICAC) initiatives.
Community Oriented Policing Services
For an additional amount for `Community Oriented Policing Services', for grants under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3796dd) for hiring and rehiring of additional career law enforcement officers under part Q of such title, and civilian public safety personnel, notwithstanding subsection (i) of such section and notwithstanding 42 U.S.C. 3796dd-3(c), $1,000,000,000, to remain available until September 30, 2010.
Salaries and Expenses
For an additional amount, not elsewhere specified in this title, for management and administration and oversight of programs within the Office on Violence Against Women, the Office of Justice Programs, and the Community Oriented Policing Services Office, $10,000,000, to remain available until September 30, 2010.
SCIENCE
National Aeronautics and Space Administration
science
For an additional amount for `Science', $450,000,000, to remain available until September 30, 2010.
aeronautics
For an additional amount for `Aeronautics', $200,000,000, to remain available until September 30, 2010.
exploration
For an additional amount for `Exploration', $450,000,000, to remain available until September 30, 2010.
cross agency support
For an additional amount for `Cross Agency Support', $200,000,000, to remain available until September 30, 2010.
office of inspector general
For an additional amount for `Office of Inspector General', $2,000,000, to remain available until September 30, 2011.
National Science Foundation
research and related activities
For an additional amount for `Research and Related Activities', $1,000,000,000, to remain available until September 30, 2010.
major research equipment and facilities construction
For an additional amount for `Major Research Equipment and Facilities Construction', $150,000,000, to remain available until September 30, 2010.
education and human resources
For an additional amount for `Education and Human Resources', $50,000,000, to remain available until September 30, 2010.
office of inspector general
For an additional amount for `Office of Inspector General', $2,000,000, to remain available until September 30, 2011.
GENERAL PROVISIONS--THIS TITLE
Sec. 201. The Assistant Secretary of Commerce for Communications and Information (Assistant Secretary), in consultation with the Federal Communications Commission (Commission) (and, with respect to rural areas, the Secretary of Agriculture), shall establish a national broadband service development and expansion program in conjunction with the technology opportunities program, which shall be referred to the Broadband Technology Opportunities Program. The Assistant Secretary shall ensure that the program complements and enhances and does not conflict with other Federal broadband initiatives and programs.
(1) The purposes of the program are to--
(A) provide access to broadband service to citizens residing in unserved areas of the United States;
(B) provide improved access to broadband service to citizens residing in underserved areas of the United States;
(C) provide broadband education, awareness, training, access, equipment, and support to--
(i) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, and other community support organizations and entities to facilitate greater use of broadband service by or through these organizations;
(ii) organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations; and
(iii) job-creating strategic facilities located within a State-designated economic zone, Economic Development District designated by the Department of Commerce, Renewal Community or Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture.
(D) improve access to, and use of, broadband service by public safety agencies; and
(E) stimulate the demand for broadband, economic growth, and job creation.
(2) The Assistant Secretary may consult with the chief executive officer of any State with respect to--
(A) the identification of areas described in subsection (1)(A) or (B) located in that State; and
(B) the allocation of grant funds within that State for projects in or affecting the State.
(3) The Assistant Secretary shall--
(A) establish and implement the grant program as expeditiously as practicable;
(B) ensure that all awards are made before the end of fiscal year 2010;
(C) seek such assurances as may be necessary or appropriate from grantees under the program that they will substantially complete projects supported by the program in accordance with project timelines, not to exceed 2 years following an award; and
(D) report on the status of the program to the Committees on Appropriations of the House and the Senate, the Committee on Energy and Commerce of the House, and the Committee on Commerce, Science, and Transportation of the Senate, every 90 days.
(4) To be eligible for a grant under the program an applicant shall--
(A) be a State or political subdivision thereof, a nonprofit foundation, corporation, institution or association, Indian tribe, Native Hawaiian organization, or other non-governmental entity in partnership with a State or political subdivision thereof, Indian tribe, or Native Hawaiian organization if the Assistant Secretary determines the partnership consistent with the purposes this section;
(B) submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require;
(C) provide a detailed explanation of how any amount received under the program will be used to carry out the purposes of this section in an efficient and expeditious manner, including a demonstration that the project would not have been implemented during the grant period without Federal grant assistance;
(D) demonstrate, to the satisfaction of the Assistant Secretary, that it is capable of carrying out the project or function to which the application relates in a competent manner in compliance with all applicable Federal, State, and local laws;
(E) demonstrate, to the satisfaction of the Assistant Secretary, that it will appropriate (if the applicant is a State or local government agency) or otherwise unconditionally obligate, from non-Federal sources, funds required to meet the requirements of paragraph (5);
(F) disclose to the Assistant Secretary the source and amount of other Federal or State funding sources from which the applicant receives, or has applied for, funding for activities or projects to which the application relates; and
(G) provide such assurances and procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner.
(5) The Federal share of any project may not exceed 80 percent, except that the Assistant Secretary may increase the Federal share of a project above 80 percent if--
(A) the applicant petitions the Assistant Secretary for a waiver; and
(B) the Assistant Secretary determines that the petition demonstrates financial need.
(6) The Assistant Secretary may make competitive grants under the program to--
(A) acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, and infrastructure for broadband services;
(B) construct and deploy broadband service related infrastructure;
(C) ensure access to broadband service by community anchor institutions;
(D) facilitate access to broadband service by low-income, unemployed, aged, and otherwise vulnerable populations in order to provide educational and employment opportunities to members of such populations;
(E) construct and deploy broadband facilities that improve public safety broadband communications services; and
(F) undertake such other projects and activities as the Assistant Secretary finds to be consistent with the purposes for which the program is established.
(7) The Assistant Secretary--
(A) shall require any entity receiving a grant pursuant to this section to report quarterly, in a format specified by the Assistant Secretary, on such entity's use of the assistance and progress fulfilling the objectives for which such funds were granted, and the Assistant Secretary shall make these reports available to the public;
(B) may establish additional reporting and information requirements for any recipient of any assistance made available pursuant to this section;
(C) shall establish appropriate mechanisms to ensure appropriate use and compliance with all terms of any use of funds made available pursuant to this section;
(D) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary, and award these funds competitively to new or existing applicants consistent with this section; and
(E) shall create and maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains at least the name of each entity receiving funds made available pursuant to this section, the purpose for which such entity is receiving such funds, each quarterly report submitted by the entity pursuant to this section, and such other information sufficient to allow the public to understand and monitor grants awarded under the program.
(8) Concurrent with the issuance of the Request for Proposal for grant applications pursuant to this section, the Assistant Secretary shall, in coordination with the Federal Communications Commission, publish the non-discrimination and network interconnection obligations that shall be contractual conditions of grants awarded under this section.
(9) Within 1 year after the date of enactment of this Act, the Commission shall complete a rulemaking to develop a national broadband plan. In developing the plan, the Commission shall--
(A) consider the most effective and efficient national strategy for ensuring that all Americans have access to, and take advantage of, advanced broadband services;
(B) have access to data provided to other Government agencies under the Broadband Data Improvement Act (47 U.S.C. 1301 note);
(C) evaluate the status of deployments of broadband service, including the progress of projects supported by the grants made pursuant to this section; and
(D) develop recommendations for achieving the goal of nationally available broadband service for the United States and for promoting broadband adoption nationwide.
(10) The Assistant Secretary shall develop and maintain a comprehensive nationwide inventory map of existing broadband service capability and availability in the United States that entities and depicts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State: Provided, That not later than 2 years after the date of the enactment of the Act, the Assistant Secretary shall make the broadband inventory map developed and maintained pursuant to this section accessible to the public.
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