Financial Assistance-Am Recovery & Reinvestment Act-2009 (language only)

Item 475.50 #1c

Language
Page 529, after line 45, insert:
"A.  General Conditions:
1.  The Governor is hereby authorized to allocate sums from this item to state agencies and institutions of higher education pursuant to the American Recovery and Reinvestment Act of 2009, subject to applicable federal rules and regulations governing these funds.  Amounts so allocated are hereby appropriated subject to the provisions and conditions contained in this item.
2.  Any unexpended balance remaining in the item as of June 30, 2009, shall be carried forward on the books of the Comptroller and shall be available for expenditure in the succeeding fiscal year.  Any unexpended balance remaining in this item on June 30, 2010, shall be carried forward on the books of the Comptroller and shall be available for expenditures in the next biennium.
3.  Records Management and Reporting
a.  Agencies receiving funds from the item shall comply with the financial or other data reporting requirements set forth by the State Comptroller or the Director of the Department of Planning and Budget and shall compile and maintain all records necessary to fulfill such reporting requirements and to meet any subsequent audit of the expenditure of such federal funds.
b.  Agencies receiving funds from this item shall comply with all federal reporting requirements for the receipt of any funds from the American Recovery and Reinvestment Act of 2009 and shall compile and maintain all records necessary to fulfill such reporting requirements and to meet any subsequent audit of the expenditure of such federal funds.
c.  Agencies receiving funds from this item shall comply with any requirements established to ensure the transparency of the use or expenditure of such federal funds.
4.  The Governor shall submit a quarterly report to the Chairmen of House Appropriations and Senate Finance Committees which itemizes any disbursements made from this item.
B.  Apportionment
1.  The following table represents the estimated potential revenues to be received from the federal distributions of the American Recovery and Reinvestment Act:
Medicaid - Federal Medicaid Assistance Percentage $1,284,768,015
Medicaid - Disproportionate Share Hospitals $4,344,643
Foster Care and Adoption $13,360,349
Immunization $5,621,650
Fiscal Stabilization - Education $983,865,903
Fiscal Stabilization - General $218,904,149
Title 1 - Grants to Local Education Authorities $165,311,666
Title 1 - School Improvement $47,913,000
Part B of the IDEA  - Special Education $281,415,033
Part B of the IDEA - Preschool Special Education  $9,470,492
Part C of the IDEA - Early Intervention Services  $10,265,580
Educational Technology $10,801,292
Education for Homeless $1,009,000
Work Study $3,743,333
Vocational Rehabilitation $11,601,624
Independent Living $342,443
Highways and Bridges $694,461,000
Transit Capital Grants - Urban $93,340,956
Transit Capital Grants - Rural $18,555,163
Rail Modernization - Fixed Guideway $4,209,386
Drinking Water State Revolving Fund $20,761,000
Clean Water State Revolving Fund $80,826,900
Weatherization $96,931,634
State Energy Program $69,266,744
Emergency Food and Shelter $1,247,314
The Emergency Food Assistance Program $1,704,161
Food Stamp Administration $5,300,000
School Lunch Equipment $2,194,703
Elderly Nutrition $3,029,000
CCDF Childcare $37,892,000
Head Start $11,179,767
Community Services Block Grant $16,009,000
Public Housing Capital Fund $51,212,000
Community Development Block Grant - Entitlement $11,311,643
Community Development Block Grant - Non-Entitlement $5,331,340
HOME Investment Partnerships Program $44,189,767
Homelessness Prevention $24,934,000
Crime Victims Assistance Grants $1,013,000
Crime Victims Compensation $345,687
Internet Crimes Against Children $1,901,510
Violence Against Women $5,516,971
Byrne Justice Assistance Grant $39,369,013
Unemployment Insurance Administration $13,737,000
Employment Service $8,596,000
Community Service for Older Americans $2,570,474
Workforce Investment Act - Adult $5,280,438
Workforce Investment Act - Youth $13,113,750
Dislocated Workers $13,564,389
Food Stamp Benefits $355,000,000
Child Support Enforcement $40,400,000
TOTAL $4,847,033,882
2.  The appropriation in this item includes an amount estimates at $368,795,338 the first year and $593,665,047 the second year from federal funds to be distributed to the Department of Medical Assistance Services for payment Medicaid expenses from the Medicaid - Federal Medicaid Assistance Percentage and the Medicaid -  Disproportionate Share Hospitals funds cited in paragraph B.1. above.
3.  The appropriation in this item includes an amount estimated at $365,187,984 the second year from federal funds to be distributed to the Department of Education – Direct Aid to Public Education (Item 141) for payment to local school divisions from the Fiscal Stabilization – Education fund cited in paragraph B.1. above.
4.  a. The appropriation in this item includes an amount estimated at $126,744,967 the second year from federal funds to be distributed to the educational and general program at institutions of higher education from the Fiscal Stabilization – Education fund cited in paragraph B.1. above.
b. Allocations for institutions of higher education from the Fiscal Stabilization – Education fund cited in paragraph B.1. above are as follows:
Institution Amount
Christopher Newport University $3,492,779
Virginia Community College System $19,406,739
George Mason University $10,912,431
James Madison University $7,301,608
Longwood University $3,169,668
Virginia Institute of Marine Science $660,246
Norfolk State University $4,230,688
Old Dominion University $12,787,803
Radford University $5,482,461
Richard Bland College $343,420
University of Mary Washington $2,387,643
University of Virginia $10,722,655
University of Virginia -- Wise $1,618,522
Virginia Commonwealth University $20,541,737
Virginia Military Institute $1,242,513
Virginia State University $1,305,733
Virginia Tech $17,322,599
College of William and Mary $3,815,722
c. 1) Consistent with the provisions of the Section 14004 (a), Title XIV of the American Recovery and Reinvestment Act of 2009, it is the intent of the General Assembly that funding in this item is to mitigate the need to raise tuition on in-state students at public colleges and universities.  By October 1, 2009, the State Council of Higher Education for Virginia shall report to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees the educational and general program tuition and fee increases at each higher education institution for fiscal year 2010 including an estimate of additional revenue generated from these increases by student type and domicile.
2) The State Council of Higher Education for Virginia and the Director, Department of Planning and Budget shall inform each Board of Visitors on the requirements of Title XIV of the American Recovery and Reinvestment Act of 2009.  The tuition actions of each Board of Visitors will be incorporated in the report submitted to the Secretary of Education required under Section 14008 (6), Title XIV of the American Recovery and Reinvestment Act of 2009.
3) The Governor and the General Assembly will review the actions of the Board of Visitors of each college or university concerning tuition and fees and other relevant information in accordance with the objectives and requirements of Title XIV of the American Recovery and Reinvestment Act of 2009 or regulation thereto.
5.  The appropriation in this item includes an amount estimated at $109,452,074 in the second year from federal funds contained in the Fiscal Stabilization – General fund cited in paragraph B.1. above. This appropriation shall be distributed to the items and purposes prescribed below:
Item C-14.40, Luter School of Business, for the purpose of advancing capital projects to full planning $1,100,230
Item C-19.15, Integrated Science Center Phase III, for the purpose of advancing capital projects to full planning $2,200,230
Item C-39.15, Duke Hall, for the purpose of advancing capital projects to full planning $1,100,230
Item C-61.50, Ruffner Hall, for the purpose of advancing capital projects to full planning $1,100,230
Item C-91.10, Engineering Signature Building, for the  purpose of advancing capital projects to full planning $1,100,230
  Item C-177.20, for the purpose of capital planning $4,450,000
Item C-0, for the purpose of project detailed planning $16,650,000
Item 361 G, for the purpose of Best Management Practices $5,200,000
Item 254, for the purpose of the Commonwealth Technology Research Fund $1,000,000
Item 470, for the purpose of the Virginia Tobacco Settlement Fund  $7,309,000
Item 110, for the purpose of the Fort Monroe Federal Area Development Authority $1,556,934
Item 361 G, for the purpose of Best Management Practices $10,000,000
Item 473 H, for the purpose of the Base Realignment and Closure Commission $19,500,000
Item 473 I, for the purpose of Rolls Royce incentive package $9,400,000
Item 105, for the purpose of the Governor’s Opportunity Fund $588,945
Item C-181.20, for the purpose of capital improvements $4,000,000
Item 473 M, for the purpose of SRI International $2,000,000
Item 277, for the purpose of regional jail reimbursement $2,633,289
Item 105, for the purpose of investment performance grants $1,562,756
Item 362, for the purpose of the Virginia Land Conservation Fund $2,000,000
Item C-0, for the purpose of building maintenance at state agencies and institutions of higher education $15,000,000
6.  The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department for the Aging for elderly nutritional services from  the amounts cited in paragraph B.1. above.
7.  The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Health from the Drinking Water State Revolving Fund cited in paragraph B.1. above.
8.  The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Mental Health, Mental Retardation and Substance Abuse Services for early intervention services from Part C of the Individuals with Disabilities Education Act of 2004 cited in paragraph B.1. above.
9.  The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Rehabilitative Services for independent living services cited in paragraph B.1. above.
10.  The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Rehabilitative Services for vocational rehabilitation services cited in paragraph B.1. above.
11.  The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Social Services for child support enforcement cited in paragraph B.1. above.
12.  The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Social Services for child care services from  the Child Care and Development Block Grant cited in paragraph B.1. above.
13.  The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Social Services for food stamp benefits cited in paragraph B.1. above.
14.  The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Social Services  from  the Community Services Block Grant cited in paragraph B.1. above.
15.  The appropriation in this item includes an amount estimated at $23.3 million the second year from federal funds to be distributed to the Compensation Board for Sheriff's Offices from the Byrne Justice Assistance Grant cited in paragraph B.1. above.
16.  It is the intent of the General Assembly that the Commonwealth maximize use of the funds available from the American Recovery and Reinvestment Act of 2009.  The Governor shall take all actions necessary to ensure that applications for funds are submitted and that funds are received in a timely manner.  The Governor shall further ensure that funds are appropriated, distributed, and utilized in a manner that is consistent with the provisions of  state and federal law.  To the extent that such funds are not appropriated in and distributed from the legislative appropriation in this item, the Governor shall authorize such appropriation in accordance with the provisions of this act and shall make such a transfer or distributions as necessary to ensure the appropriate and timely use of the available federal funds.  All such transactions to create or increase an appropriation or to transfer an appropriation pursuant to the American Recovery and Reinvestment Act of 2009 shall be reported to the Chairmen of the House Appropriations Committee and the Senate Finance Committee on a quarterly basis."

Explanation
(This amendment authorizes the use of federal funds under the American Recovery and Reinvestment Act of 2009.)