Tuesday, October 11, 2011


I can probably guess what this provision is about.  President Obama has been hot on connecting the country through the internet with every opportunity.  One aspect is that small businesses are enhanced by internet business and advertising.

Ya gotta love this.  The provision BEGINS with definitions.


In this subtitle, the following definitions shall apply:

(1) 700 MHZ BAND.—The term “700 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 698 megahertz to 806 megahertz.

electromagnetic spectrum frequencies

We actually have these things in the USA?  Is the man sure about this?  Because I'll be darn if my Iphone says anything about electromagnetism.  That isn't like a new Obama religion or something is it?

Electromagnetic Spectrum Frequencies.  Now, I know I've heard the word SPECTRUM before.  Let's see.  Hmmmmmm....Oh, yeah, the light spectrum.

Oh, bandwidth.  Like wavelength. So, it isn't Sci-Fi afterall.  I thought Halloween or something, but, for real here, bandwidth is a real thing.  Can't see it or touch it, sort of like Air Quality although in all honesty it can become very visible at times, especially with "Ozone in the Morning."

Cough, cough, cough.

Consultation on a Policy and Technical Framework for the 700 MHz Band and Aspects Related to Commercial Mobile Spectrum (click title to entry - thank you)

5.2 Options for use of 758-768 MHz Paired with 788-798 MHz for Public Safety and/or Commercial Systems

The public safety community uses spectrum to communicate on a day-to-day basis, in emergency situations and for disaster relief. Land mobile systems are used by public safety agencies to provide critical communications between individuals, to large groups at the same time and between individuals and command centres. Mobile broadband applications may be used by public safety agencies to provide information such as pictures, blueprints, real-time video feeds, fast record transfer, etc., which could improve situational awareness and response time....

(2) 700 MHZ D BLOCK SPECTRUM.—The term “700 MHz D block spectrum” means the portion of the electromagnetic spectrum frequencies from 758 megahertz to 763 megahertz and from 788 megahertz to 793 megahertz.

(A) the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Energy and Commerce of the House of Representatives.

(4) ASSISTANT SECRETARY.—The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.

(5) COMMISSION.—The term “Commission” means the Federal Communications Commission.

(6) CORPORATION.—The term “Corporation” means the Public Safety Broadband Corporation established in section 284.

(7) EXISTING PUBLIC SAFETY BROADBAND SPECTRUM.—The term “existing public safety broadband spectrum” means the portion of the electromagnetic spectrum between the frequencies—

(A) from 763 megahertz to 768 megahertz;

(B) from 793 megahertz to 798 megahertz;

(C) from 768 megahertz to 769 megahertz; and

(D) from 798 megahertz to 799 megahertz.

(8) FEDERAL ENTITY.—The term “Federal entity” has the same meaning as in section 113(i) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(i)).

A lot of regulations here.  I wonder if the Republicans want to cease regulation on Bandwidth?  I can think of a few people that would help the rest of the nation plug in without bothering Wall Street.  I am sure that is what Republicans long to do.  Liberate bandwidth from REGULATION.  Great guys aren't they?

Cited Law:  (It can be frustrating when law cites other law)

Search 47 U.S.C. § 923 : US Code - Section 923: Identification of reallocable frequencies (click here)

(i) "Federal entity" defined

For purposes of this section, the term "Federal entity" means any department, agency, or other instrumentality of the Federal Government that utilizes a Government station license obtained
under section 305 of the 1934 Act ().

As cited immediately above:

47 USC 305 - Sec. 305. Government owned stations (click here)

(6) CORPORATION.—The term “Corporation” means the Public Safety Broadband Corporation established in section 284.

Section 284 is from this bill.  The reference is form Section 284 which I haven't covered yet.

(13) PUBLIC SAFETY SERVICES.—The term “public safety services”—

(A) has the meaning given the term in section 337(f) of the Communications Act of 1934 (47 U.S.C. 337(f)); and

(B) includes services provided by emergency response providers, as that term is defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

Cited Law:

Sec. 337. Allocation and assignment of new public safety services licenses and commercial licenses (click here)

For purposes of this section:
Public safety services
The term "public safety services" means services—
(A) the sole or principal purpose of which is to protect the safety of life, health, or property;
(B) that are provided—
(i) by State or local government entities; or
(ii) by nongovernmental organizations that are authorized by a governmental entity whose primary mission is the provision of such services; and
(C) that are not made commercially available to the public by the provider.
Qualifying low-power television stations
A station is a qualifying low-power television station if, during the 90 days preceding August 5, 1997—
(A) such station broadcast a minimum of 18 hours per day;
(B) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station; and
(C) such station was in compliance with the requirements applicable to low-power television stations.

TITLE 6 > CHAPTER 1 > § 101


So the definitions were setting the stage for auctions.  Not deregulation?  Bummer.



(b) Eligible Frequencies. – Section 113(g)(2)(B) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)) is amended by deleting and replacing subsection (B) with the following:

“(B) any other band of frequencies reallocated from Federal use to non-Federal or shared use after January 1, 2003, that is assigned by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C 309(j)) or is assigned as a result of later legislation or other administrative direction.”.

(c) Paragraph (3) of subsection 113(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(3)) is amended by striking it in its entirety and replacing it with the following:


Cited Law:  



(g) Relocation of Federal Government stations

(2) Eligible frequencies

§ 309. APPLICATION FOR LICENSE (click here)

(j) Use of competitive bidding

The bill wants to prepare bandwidth for auction.  There is mention of use by Non-Federal entities and there is sharing mentioned, but, what this section of the bill wants is to provide a refurbishment of the federal holdings for sale.

“(E) the costs associated with the accelerated replacement of systems and equipment if such acceleration is necessary to ensure the timely relocation of systems to a new frequency assignment or the timely accommodation of sharing of Federal frequencies; and

This simply allows OMB to transfer monies to make the updates, if one can call it that.

(2) replacing subsection (c) with the following:

...However, the Director may not transfer more than $100,000,000 associated with authorized pre-auction activities before an auction is completed and proceeds are deposited in the Spectrum Relocation Fund. Within the $100,000,000 that may be transferred before an auction, the Director of OMB may transfer up to $10,000,000 in total to eligible federal entities for eligible relocation or sharing costs related to pre-auction estimates or research as defined in subparagraph (C) of section 923(g)(3) of this title for costs incurred prior to the enactment of this legislation, but after June 28th, 2010. These amounts transferred pursuant to the previous proviso are in addition to amounts that the Director of OMB may transfer after the enactment of this legislation ”;

“(2) Such payments are authorized for:
“(A) the purposes of achieving enhanced capabilities of systems that are affected by the activities specified in subparagraphs (A) through (F) of paragraph (3) of subsection 923(g) of this title; and

“(3) The increase to the Fund due to any one auction after any payment is not less than 10 percent of the winning bids in the relevant auction, or is not less than 10 percent of the payments from non-Federal entities in the relevant sharing agreement;

National Security Provision

(g) If the head of an executive agency of the Federal Government determines that public disclosure of any information contained in notifications and reports required by sections 923 or 928 of Title 47 of the United States Code would reveal classified national security information or other information for which there is a legal basis for nondisclosure and such public disclosure would be detrimental to national security, homeland security, public safety, or jeopardize law enforcement investigations the head of the executive agency shall notify the NTIA of that determination prior to release of such information. In that event, such information shall be included in a separate annex, as needed and to the extent the agency head determines is consistent with national security or law enforcement purposes. These annexes shall be provided to the appropriate subcommittee in accordance with applicable stipulations, but shall not be disclosed to the public or provided to any unauthorized person through any other means.


(a) Paragraph (8) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended-

...adding at the end the following new subparagraphs:
“(F) Notwithstanding any other provision of law, if the Commission determines that it is consistent with the public interest in utilization of the spectrum for a licensee to voluntarily relinquish some or all of its licensed spectrum usage rights in order to permit the assignment of new initial licenses through a competitive bidding process subject to new service rules,...

...“(i) The Chairman of the Commission, in consultation with the Director of OMB, shall notify the Committees on Appropriations and Commerce, Science, and Transportation of the Senate, and the Committees on Appropriations and Energy and Commerce of the House of Representatives of the methodology for calculating such payments to licensees at least 3 months in advance of the relevant auction, and that such methodology consider the value of spectrum vacated in its current use and the timeliness of clearing; and

“(ii) Notwithstanding subparagraph (A), and except as provided in subparagraphs (B), (C), and (D), all proceeds (including deposits and up front payments from successful bidders) from the auction of spectrum under this section and section 106 of this Act shall be deposited with the Public Safety Trust Fund established under section 217 of this Act.

All this auction is a method to put monies back into the Treasury and open more opportunity for the private sector while expanding economic capacity.  My only worry is that others than Americans will receive these rights and that would be tragic.  I haven't noticed anywhere in the bill that there would be sovereign limitations on these auctions to Americans and their business enterprises.  There should be such restraints placed before the auctions are announced.


“(v) USE OF FUNDS.—Amounts in the Incentive Auction Relocation Fund may only be used by the NTIA, in consultation with the Commission, to cover—
“(I) the reasonable costs of television broadcast stations that are relocated to a different spectrum channel or geographic location following an incentive auction under subparagraph (F), or that are impacted by such relocations, including to cover the cost of new equipment, installation, and construction; and

“(II) the costs incurred by multichannel video programming distributors for new equipment, installation, and construction related to the carriage of such relocated stations or the carriage of stations that voluntarily elect to share a channel, but retain their existing rights to carriage pursuant to sections 338, 614, and 615.”.


To the extent that the Commission makes available terrestrial broadband rights on spectrum primarily licensed for mobile satellite services, the Commission shall recover a significant portion of the value of such right either through the authority provided in section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) or by section 278 of this subtitle.

All these opportunities need to be limited to Americans.  I don't see it any other way.  If there is to be investment through this bill to 'ready' the frequencies for auction, the opportunities belong to Americans and no one else.

That is the end of Page 69.  I'll take up the bill tomorrow with:


Section 309(j)11 of the Communications Act of 1934 (47 U.S.C. 309 (j)(11)) is repealed.



I doubt sincerely Rose Kennedy would approve of trampling veterans in a park that carries her name.

10/11/2011 2:53 AM

Boston police moved in and began arresting scores (click title of entry - thank you) of Occupy Boston protesters who refused to leave a large part of the Rose Fitzgerald Kennedy Greenway early this morning.

At 1:20 a.m., the first riot police officers lined up on Atlantic Avenue. Minutes later, dozens of sheriff vans and police wagons arrived and over 200 officers in uniforms and riot gear surrounded the Greenway.

Police Superintendent William Evans and Commissioner Edward F. Davis watched from across the street. Evans gave the crowd two minutes to disperse from the park, warning that they would be locked up if they did not comply.

The crowd of protesters, energized by the sudden appearance of the Boston and Transit police officers, chanted, ‘‘The people united will never be defeated,’’ “This is a peaceful protest,” and “the whole world is watching.’’

About 10 minutes later, the first officers entered the park and surrounded the group. Evans, using a loudspeaker, gave one more warning and then each protester was individually put on his or her stomach, cable-tied, and dragged off as others tore down tents and arrested and detained people on the fringe of the park.

About 100 people were arrested, Davis said. One police officer was hit in the face.

According to police, no protesters or police were injured.

A lot of the protesters retreated from the Greenway to Dewey Square when the police arrived....

To the right is the Prudential building.  I do believe I know exactly whom the Boston Police and their mayor were answering to when they disregarded the status of Veterans in Boston.

It is all too clear !

Jeffress: is completely "W"rong.

The pastor has no idea of what he is talking about. If he is calling Mormons a 'cult' then he is calling his own DENOMINATION a cult. There are many denominations in the Protestant faith. There are Anglicans, Methodists and the best example of a denomination that runs a parallel to the Mormon faith is Lutheran.  The Lutheran had their own founder as well and were very controversial for a long time.

The FACT and proper word to describe the many, many denominations in the Protestant faithful is SCHISM.

Also, on the Book of Mormon of which I have read; it is the spiritual equivalent of The Army Field Manual as Mormons base their faith in service, so therefore, they have a book separate from the Bible that provides the guidance the founder was attempting to achieve.

Schisms happen all the time, especially in the Protestant faith   Jeffress is dead wrong   John Huntsman is completely correct in that Jeffress is a moron on this fact.  He is a moron in regard to Article Six of the Constitution of the USA.  Article Six IS THE LAW OF THE LAND.  It is highly illegal to expect people to place a man of religious PREFERENCE in office for that purpose alone.

Jeffress is a subversive and will use any means available to achieve his goal.  Just that simple.

Article VI - Debts, Supremacy, Oaths

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.



(a) In General- In addition to fees that may be collected under section 254(e), the chief executive officer shall establish and collect fees from eligible funding recipients with respect to loans and loan guarantees under this Act that--

(1) are sufficient to cover all or a portion of the administrative costs to the Federal Government for the operations of AIFA, including the costs of expert firms, including counsel in the field of municipal and project finance, and financial advisors to assist with underwriting, credit analysis, or other independent reviews, as appropriate;

(2) may be in the form of an application or transaction fee, or other form established by the CEO; and

(3) may be based on the risk premium associated with the loan or loan guarantee, taking into consideration--

(A) the price of United States Treasury obligations of a similar maturity;

(B) prevailing market conditions;

(C) the ability of the infrastructure project to support the loan or loan guarantee; and

(D) the total amount of the loan or loan guarantee;

(b) Availability of Amounts- Amounts collected under subsections (a)(1), (a)(2)(a)(3) shall be available without further action; provided further, that the source of fees paid under this section shall not be a loan or debt obligation guaranteed by the Federal Government.

The bank expects to maintain its administrative cost with fees.  The amount of the fees are set according to ability to AFFORD the payment of the fees as well as assessments of market conditions, cost of the project and the price of Treasury bonds.  I would imagine the fees also includes the interest on the loans.  But, the bill goes on to say the operation of the AIFA has to be as efficient as is reasonable and then there is an initial funding that requires a single payment of the US Treasury to AIFA of $10 billion.  

There is hereby appropriated to AIFA to carry out this Act, for the cost of direct loans and loan guarantees subject to the limitations under Section 253, and for administrative costs, $10,000,000,000, to remain available until expended; Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Federal Credit Reform Act of 1990, as amended; Provided further, that of this amount, not more than $25,000,000 for each of fiscal years 2012 through 2013, and not more than $50,000,000 for fiscal year 2014 may be used for administrative costs of AIFA; provided further, that not more than 5 percent of such amount shall be used to offset subsidy costs associated with rural projects. Amounts authorized shall be available without further action.

The initial $10 billion is part of the cost included in the cost of the American Jobs Act.  It is not in addition to any other debt of the federal government.

Cited Law:

Federal Credit Reform Act

Below is more of the tax changes included as a benefit in this bill.



It is extended until 2013 and is retroactive to the beginning of 2011.

(c) Effective Date- The amendments made by this section shall apply to obligations issued after December 31, 2010.

I believe this is the IRS Code that is effected by this provision.  I hate IRS Code.

...such bonds will not be treated as private activity bonds under § 57(a)(5)(C)(i). (click here)

Section 57(a)(5)(C)(vi) provides: (I) for purposes of § 57(a)(5)(C)(i), the term “private activity bond” shall not include any bond issued after December 31, 2008, and before January 1, 2011; (II) for purposes of § 57(a)(5)(C)(vi)(I), a refunding bond (whether a current or advance refunding) shall be treated as issued on the date of the issuance of the refunded bond (or in the case of a series of refundings, the original bond); and (III) 
§ 57(a)(5)(C)(vi)(II) shall not apply to any refunding bond which is issued to refund any bond which was issued after December 31, 2003, and before January 1, 2009.

Section 56(g)(4)(B)(iv) provides:  (I) § 56(g)(4)(B)(i) shall not apply in the case of any interest on a bond issued after December 31, 2008, and before January 1, 2011; (II) for purposes of § 56(g)(4)(B)(iv)(I), a refunding bond (whether a current or advance refunding) shall be treated as issued on the date of the issuance of the refunded bond (or in the case of a series of refundings, the original bond); and (III) § 56(g)(4)(B)(iv)(II) 

The above reference also explains the law if one cares to read it.  Below is continuing with the American Jobs Act.


(a) Direct Appropriations.— There is appropriated, out of any money in the Treasury not otherwise appropriated, $15,000,000,000, to remain available until September 30, 2014, for assistance to eligible entities including States and units of general local government (as such terms are defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)), and qualified nonprofit organizations, businesses or consortia of eligible entities for the redevelopment of abandoned and foreclosed-upon properties and for the stabilization of affected neighborhoods.

Cited Law:

42 U.S.C. § 5302 : US Code - Section 5302: General provisions (click here)

There is a funding code that is probably already developed by The Secretary of Housing and Urban Development to distribute two-thirds of the monies to states and local municipalities.

(3) FORMULA CRITERIA.— The Secretary may establish a minimum grant size, and the funding formula required under paragraph (1) shall ensure that any amounts appropriated or otherwise made available under this section are allocated to States and units of general local government with the greatest need, as such need is determined in the discretion of the Secretary based on—

(A) the number and percentage of home foreclosures in each State or unit of general local government;

(B) the number and percentage of homes in default or delinquency in each State or unit of general local government; and

(C) other factors such as established program designs, grantee capacity and performance, number and percentage of commercial foreclosures, overall economic conditions, and other market needs data, as determined by the Secretary.

The formula will 'weight' each of the designation above and seek to prioritize the distribution of the monies in this provision.  This is done to prevent politics from prevailing and making sure those cities and states in greatest need are served well.

Non-profits are listed as recipients of these monies because some housing projects are non-profits.  An example is below:  This is only one, there are others.

Non-Profit Housing Association of Northern California (click here)

The bill continues to read.

(D) The Secretary shall publish competition criteria for any grants awarded under this heading not later than 60 days after appropriation of funds, and applications shall be due to the Secretary within 120 days.

(c) Use of Funds.—

(1) OBLIGATION and EXPENDITURE.— The Secretary shall obligate all funding within 150 days of enactment of this Act....


(A) JOB CREATION. Each grantee or eligible entity shall describe how its proposed use of funds will prioritize job creation, and secondly, will address goals to stabilize neighborhoods, reverse vacancy, or increase or stabilize residential and commercial property values.

The Republicans act most of the time as if there still isn't a CONTINUING housing crisis from the profiteering that took place by Wall Street under the past administration and ended in the collapse of the American Dream.  This President and his administration has continually sought answers for stabilizing the housing crisis and thus stabilizing neighborhoods because local economies, THE SUPPOSED SMALL BUSINESSES the Republicans are always pleading for, are based in local neighborhoods.  If the housing crisis isn't stabilized and local economies, including tax bases, continue to be in fluctuation; there can be no economic recovery.  Even if this were nothing more than an effort to return profitability to Wall Street, which it is not, their best interest is to work with communities to stabilize and create jobs so they can continue to profit.  But, we all know there is absolutely no interest in Wall Street to do same.  They rather wallow in their pile of money for time unending.

It is huge dynamic issues like this that always tell me Republicans are about rhetorical lies rather than substantive law.  If they knew at all how this economy needs to be rescued there would be no obstructionism, but, only a profound effort to return the USA to a functional tax base and upholding the American Dream.  The McConnell focus of "Making President Obama a one term President" has absolutely NOTHING to do with protecting the people of the USA or stabilizing its economy.

With the inauguration of President Obama anyone elected to the US Congress should be rallying around this President to insure the return of the USA economy and the American Dream as soon as possible.  That has not happened and the country shows it.

(3) ELIGIBLE USES.— Amounts made available under this section may be used to—

(A) establish financing mechanisms for the purchase and redevelopment of abandoned and foreclosed-upon properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers;

(B) purchase and rehabilitate properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such properties;

(C) establish and operate land banks for properties that have been abandoned or foreclosed upon;

(D) demolish blighted structures;

(E) redevelop abandoned, foreclosed, demolished, or vacant properties; and

(F) engage in other activities, as determined by the Secretary through notice, that are consistent with the goals of creating jobs, stabilizing neighborhoods, reversing vacancy reduction,

The provision below insures there will be no purchases made whereby the properties are mortgaged 'under water' and therefor in peril to repeat the process of foreclosure, etc.   FAIR MARKET VALUE TODAY.  NOT 2006.


What is owed on it, above today's Fair Market Value.

(d) Limitations.—

(1) ON PURCHASES.— Any purchase of a property under this section shall be at a price not to exceed its current market value, taking into account its current condition.

(4) ON DEMOLITION OF PUBLIC HOUSING. – Public housing, as defined at section 3(b)(6) of the , may not be demolished with funds under this section.

Cited Law:


SEC. 3 (click here)

(b) When used in this Act


The American Jobs Act continues...

(1) IN GENERAL.— Except as otherwise provided by this section, amounts appropriated, revenues generated, or amounts otherwise made available to eligible entities under this section shall be treated as though such funds were funds under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).

(2) NO MATCH- No matching funds shall be required in order for an eligible entity to receive any amounts under this section.

(3) TENANT PROTECTIONS.—An eligible entity...

Cited Law:

Community Development Block Grant (42 U.S.C. 5301 et. seq.)

Community Development Block Grant Program - CDBG (click here)

The Community Development Block Grant (CDBG) program is a flexible program that provides communities with resources to address a wide range of unique community development needs. Beginning in 1974, the CDBG program is one of the longest continuously run programs at HUD. The CDBG program provides annual grants on a formula basis to 1209 general units of local government and States.

(4) VICINITY HIRING. — An eligible entity receiving a grant under this section shall comply with section 1497(a)(8) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ().

Cited Law:

Sec. 1497. Additional assistance for Neighborhood Stabilization Program. (click here)

(a) IN GENERAL.—Effective October 1, 2010, out of funds in the Treasury not otherwise appropriated, there  is hereby made available to the Secretary of Housing and Urban Development $1,000,000,000, and the Secretary of Housing and Urban Development shall use such amounts for assistance to States and units of general local govern-ment for the redevelopment of abandoned and foreclosed homes, in accordance with the same provisions applicable under the second undesignated paragraph under the heading ‘‘Community Planning and Development—Community Development Fund’’ in title XII of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 217) to amounts made available under such second undesignated paragraph, except as follows: 

(8) An eligible entity receiving a grant under this section shall, to the maximum extent feasible, provide for the hiring of employees who reside in the vicinity, as such term is defined by the Secretary, of projects funded under this section or contract with small businesses that are owned and operated by persons residing in the vicinity of such projects. 

The bill continues.

(B) RECURRENT REQUIREMENT.— The Secretary shall, by rule or order, ensure, to the maximum extent practicable and for the longest feasible term, that the sale, rental, or redevelopment of abandoned and foreclosed-upon homes and residential properties under this section remain affordable to individuals or families described in subparagraph (A).

There is a national distribution requirement of which states receive not less than $20 million based on formula.

(h) LIMITATION ON USE OF FUNDS WITH RESPECT TO EMINENT DOMAIN. No State or unit of general local government may use any amounts received pursuant to this section to fund any project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use, which shall not be construed to include economic development that primarily benefits private entities.

Got to love this part.  Oh, no crime never takes place under federal statue.  Sure it doesn't.  Let's all make the same mistakes over again!  And in some instances after the collapse of 2008 that might be true given the provision set up to protect the criminals that were the recipients of $700 billion.


(1) IN GENERAL. — None of the funds made available under this title or title IV shall be distributed to—
(A) an organization which has been indicted for a violation under Federal law relating to an election for Federal office; or

(B) an organization which employs applicable individuals.

(2) APPLICABLE INDIVIDUALS DEFINED.- In this section, the...

Ten percent of any grant can be used for maintenance of eligible properties.

(k) JOB CREATION. If a grantee chooses to use funds to create jobs by establishing and operating a program to maintain eligible neighborhood properties, not more than 10 percent of any grant may be used for that purpose.

The provision below will also create jobs.  Jobs that will support the efforts of this section of the bill.  They will probably be temporary federal employees, but, they may be employed until 2016, which I don't believe one can consider lightly when reflecting on the economy.  Working in a federal capacity is a nice thing on a resume.

(l) PROGRAM SUPPORT AND CAPACITY BUILDING. The Secretary may use up to 0.75 percent of the funds appropriated for capacity building of and support for eligible entities and grantees undertaking neighborhood stabilization programs, staffing, training, technical assistance, technology, monitoring, travel, enforcement, research and evaluation activities.

(1) Funds set aside for the purposes of this subparagraph shall remain available until September 30, 2016;

(m) ENFORCEMENT AND PREVENTION OF FRAUD AND ABUSE. The Secretary shall establish and implement procedures to prevent fraud and abuse of funds under this section, and shall impose a requirement that grantees have an internal auditor to continuously monitor grantee performance to prevent fraud, waste, and abuse....

The reporting is conducted quarterly to the Secretary of Housing and Urban Development.  It is nice work if you can get it.

(n) The Secretary of Housing and Urban Development shall to the extent feasible conform policies and procedures for grants made under this section to the policies and practices already in place for the grants made under ; ; or Section 1497 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Cited Law:



American Recovery and Reinvestment Act of 2009/Division A/Title XII


That is the bottom of Page 62.  The next section tomorrow and until the bill passes the Senate and the House is: