S10586 CONGRESSIONAL RECORD — SENATE November 17, 2008 

; and 

(B) by adding at the end the following: 

‘‘TITLE IV—DIRECT BRIDGE LOAN 

PROVISIONS 

‘‘Sec. 401. Findings. 

‘‘Sec. 402. Purposes. 

‘‘Sec. 403. Emergency direct loan program. 

‘‘Sec. 404. Funding from third tranche; 

treatment of loan amounts. 

‘‘Sec. 405. Timing of disbursements. 

‘‘Sec. 406. Terms and conditions. 

‘‘Sec. 407. Oversight.’’ 

; and 

(2) REFERENCES.—The Emergency Economic Stabilization Act of 2008 (division A of 

Public Law 110–343) is amended by inserting 

after section 3 the following new section: 

‘‘SEC. 4. REFERENCES. 

‘‘Any reference— 

‘‘(1) in this division to ‘this Act’ or any 

subdivision thereof is a reference to this division A or any subdivision thereof; 

‘‘(2) in division (B) to ‘this Act’ or any subdivision thereof is a reference to division B 

or any subdivision thereof; and 

‘‘(3) in division (C) to ‘this Act’ or any subdivision thereof is a reference to division C 

or any subdivision thereof.’’. 

TITLE III—EMERGENCY TREATMENT 

SEC. 301. EMERGENCY TREATMENT. 

All provisions of this Act and the amendments made by this Act are designated as an 

emergency requirement and necessary to 

meet emergency needs pursuant to section 

204(a) of S. Con. Res 21 (110th Congress), the 

concurrent resolution on the budget for fiscal year 2008. 

By Mr. REID (for himself and Mr. 

BYRD): 

S. 3689. A bill making supplemental 

appropriations for job creation and 

preservation, infrastructure investment, and economic and energy assistance for the fiscal year ending September 30, 2009, and for other purposes; 

read the first time. 

Mr. REID. Mr. President, I ask unanimous consent that the text of the bill 

be printed in the RECORD. 

There being no objection, the text of 

the bill was ordered to be placed in the 

RECORD, as follows: 

S. 3689 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, That the following sums 

are appropriated, out of any money in the 

Treasury not otherwise appropriated, for the 

fiscal year ending September 30, 2009, and for 

other purposes, namely: 

TITLE I 

INFRASTRUCTURE, ENERGY, AND 

ECONOMIC RECOVERY 

CHAPTER 1 

DEPARTMENT OF AGRICULTURE 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

For an additional amount for ‘‘Farm Service Agency, Salaries and Expenses’’, for the 

purpose of maintaining and modernizing the 

information technology system, $171,700,000, 

to remain available until expended. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE PROGRAM ACCOUNT

For an additional amount for gross obligations for the principal amount of direct and 

guaranteed loans as authorized by title V of 

the Housing Act of 1949, to be available from 

funds in the rural housing insurance fund, as 

follows: $171,000,000 for section 502 direct 

loans, and $3,000,000,000 for section 502 unsubsidized guaranteed loans. 

For an additional amount for the cost of 

direct and guaranteed loans, including the 

cost of modifying loans, as defined in section 

502 of the Congressional Budget Act of 1974, 

to remain available until expended, as follows: $11,500,000 for section 502 direct loans, 

and $38,100,000 for section 502 unsubsidized 

guaranteed loans. 

RURAL COMMUNITY FACILITIES PROGRAM

ACCOUNT

For an additional amount for gross obligations for the principal amount of direct and 

guaranteed loans and grants as authorized 

by section 306 of the Consolidated Farm and 

Rural Development Act, to be available from 

the rural community facilities program account, as follows: $612,000,000 for rural community facilities direct loans; $130,000,000 for 

guaranteed rural community facilities loans; 

and $50,000,000 for rural community facilities 

grants. 

For an additional amount for the cost of 

direct loans, guaranteed loans, and grants, 

including the cost of modifying loans, as defined in section 502 of the Congressional 

Budget Act of 1974, to remain available until 

expended, as follows: $35,000,000 for rural 

community facilities direct loans; $4,000,000 

for rural community facilities guaranteed 

loans; and $50,000,000 for rural community facilities grants. 

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL BUSINESS PROGRAM ACCOUNT

For an additional amount for gross obligations for the principal amount of guaranteed 

loans as authorized by section 310B(a)(2)(A) 

of the Consolidated Farm and Rural Development Act, to be available from the rural 

business program account, as follows: 

$1,000,000,000 for business and industry guaranteed loans. 

For an additional amount for the cost of 

guaranteed loans, including the cost of modifying loans, as defined in section 502 of the 

Congressional Budget Act of 1974, to remain 

available until expended, as follows: 

$43,500,000 for business and industry guaranteed loans. 

RURAL BUSINESS ENTERPRISE GRANTS

For an additional amount for ‘‘Rural Business Enterprise Grants’’, $40,000,000, to remain available until expended. 

RURAL DEVELOPMENT LOAN FUND PROGRAM

ACCOUNT

For an additional amount for gross obligations for the principal amount of direct loans 

as authorized by the Rural Development 

Loan Fund (42 U.S.C. 9812(a)), $30,000,000. 

For an additional amount for the cost of 

direct loans, including the cost of modifying 

loans, as defined in section 502 of the Congressional Budget Act of 1974, to remain 

available until expended, $12,600,000, for direct loans as authorized by the Rural Development Loan Fund (42 U.S.C. 9812(a)). 

RURAL UTILITIES SERVICE

RURAL WATER AND WASTE DISPOSAL PROGRAM

ACCOUNT

For an additional amount for the cost of 

direct loans, loan guarantees, and grants for 

the rural water, waste water, waste disposal, 

and solid waste management programs authorized by sections 306, 306A, 306C, 306D, and 

310B and described in sections 306C(a)(2), 

306D, and 381E(d)(2) of the Consolidated Farm 

and Rural Development Act, $200,000,000, to 

remain available until expended. 

FOOD AND NUTRITION SERVICE

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM

FOR WOMEN, INFANTS, AND CHILDREN

For an additional amount for the special 

supplemental nutrition program as authorized by section 17 of the Child Nutrition Act 

of 1966 (42 U.S.C. 1786), $445,000,000. 

SUPPLEMENTAL NUTRITION ASSISTANCE

PROGRAM

For an additional amount for the Emergency Food Assistance Program, as authorized by Section 4201 of Public Law 110–246, 

$50,000,000, of which the Secretary may use 

up to 10 percent for costs associated with the 

distribution of commodities. 

COMMODITY ASSISTANCE PROGRAM

For an additional amount for the Commodity Supplemental Food Program, 

$8,218,000, to support additional food purchases. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 1101. (a) Hereafter, in this section, the 

term ‘‘nonambulatory disabled cattle’’ 

means cattle, other than cattle that are less 

than 5 months old or weigh less than 500 

pounds, subject to inspection under section 

3(b) of the Federal Meat Inspection Act (21 

U.S.C. 603(b)) that cannot rise from a recumbent position or walk, including cattle with 

a broken appendage, severed tendon or ligament, nerve paralysis, fractured vertebral 

column, or a metabolic condition. 

(b) Hereafter, none of the funds made available under this or any other Act may be used 

to pay the salaries or expenses of any personnel of the Food Safety and Inspection 

Service to pass through inspection any nonambulatory disabled cattle for use as human 

food, regardless of the reason for the nonambulatory status of the cattle or the time 

at which the cattle became nonambulatory. 

(c) Hereafter, in addition to any penalties 

available under the Federal Meat Inspection 

Act (21 U.S.C. 601 et seq.), the Secretary 

shall impose penalties consistent with sections 10414 and 10415 of the Animal Health 

Protection Act (7 U.S.C. 8313, 8314) on any establishment that slaughters nonambulatory 

disabled cattle or prepares a carcass, part of 

a carcass, or meat or meat food product, 

from any nonambulatory disabled cattle, for 

use as human food. 

SEC. 1102. FARM RELIEF. (a) SHORT TITLE.— 

This section may be cited as the ‘‘Farm Relief Act of 2008’’. 

(b) 2008 CROP DISASTER ASSISTANCE.—Section 9001 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public 

Law 110–28; 121 Stat. 211) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘There are hereby’’ and inserting the following: 

‘‘(1) IN GENERAL.—There are hereby’’; and 

(B) by adding at the end the following: 

‘‘(2) 2008 CROP DISASTER ASSISTANCE.— 

‘‘(A) IN GENERAL.—There are hereby appropriated to the Secretary such sums as are 

necessary, to remain available until expended, to make emergency financial assistance under this section available to producers on a farm that incurred qualifying 

quantity or quality losses for the 2008 crop 

due a natural disaster or any related condition, as determined by the Secretary. 

‘‘(B) SUGAR AND SUGARCANE DISASTER ASSISTANCE.— 

‘‘(i) FLORIDA.—There are hereby appropriated to the Secretary such sums as are 

necessary, to remain available until expended, to make payments to processors in 

Florida that are eligible to obtain a loan 

under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 

(7 U.S.C. 7272(a)) to compensate first processors and producers for crop and other 

losses due a natural disaster or any related 

condition, as determined by the Secretary, 

in Florida during calendar year 2008, by an 

agreement on the same terms and conditions, to the maximum extent practicable, as 

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November 17, 2008 CONGRESSIONAL RECORD — SENATE S10587 

the payments made under section 102 of the 

Emergency Supplemental Appropriations for 

Hurricane Disasters Assistance Act of 2005 

(Public Law 108–324; 118 Stat. 1235), including 

that the 2008 base production of each harvesting unit shall be determined using the 

same base year crop production history that 

was used pursuant to the agreement under 

that section. 

‘‘(ii) LOUISIANA.— 

‘‘(I) COMPENSATION FOR LOSSES.—There are 

hereby appropriated to the Secretary such 

sums as are necessary, to remain available 

until expended, to make assistance available 

to first processors of sugarcane that operate 

in a county affected by a natural disaster, or 

obtain sugarcane from a county affected by a 

natural disaster, in Louisiana and that are 

eligible to obtain a loan under section 156(a) 

of the Federal Agriculture Improvement and 

Reform Act of 1996 (7 U.S.C. 7272(a)), in the 

form of monetary payments or commodities 

in the inventory of the Commodity Credit 

Corporation derived from carrying out that 

section, to compensate producers and first 

processors for crop and other losses due to 

the natural disaster or any related condition, as determined by the Secretary. 

‘‘(II) ADMINISTRATION.—Assistance under 

this clause shall be— 

‘‘(aa) shared by an affected first processor 

with affected producers that provide commodities to the processor in a manner that 

reflects contracts entered into between the 

processor and the producers, except with respect to a portion of the amount of total assistance provided under subclause (I) necessary to compensate affected producers for 

individual losses experienced by the producers, including losses due to saltwater intrusion, flooding, wind damage, or increased 

planting, replanting, or harvesting costs, 

which shall be transferred by the first processor to the affected producers without regard to contractual share arrangements; and 

‘‘(bb) made available under such terms and 

conditions as the Secretary determines are 

necessary to carry out this clause. 

‘‘(III) FORM OF ASSISTANCE.—In carrying 

out this clause, the Secretary shall— 

‘‘(aa) convey to the first processor commodities in the inventory of the Commodity 

Credit Corporation derived from carrying out 

section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 

7272(a)); 

‘‘(bb) make monetary payments to the first 

processor; or 

‘‘(cc) take any combination of actions described in items (aa) and (bb), using commodities or monetary payments. 

‘‘(IV) LOSS DETERMINATION.—In carrying 

out this clause, the Secretary shall use the 

same base year to determine crop loss that 

was elected by a producer to determine crop 

loss in carrying out the hurricane assistance 

program under section 207 of the Agricultural Assistance Act of 2003 (Public Law 108– 

7; 117 Stat. 543). 

‘‘(iii) TEXAS.—There are hereby appropriated to the Secretary such sums as are 

necessary, to remain available until expended, to assist sugarcane growers in Texas 

by making a payment in that amount to a 

farmer-owned cooperative sugarcane processor in that State, for costs of demurrage, 

storage, and transportation resulting from 

natural disaster or any related condition 

during calendar year 2008. 

‘‘(C) RELATION TO SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE PROGRAM.—A 

producer on a farm that accepts assistance 

made available under this paragraph for a 

crop loss is not eligible to receive supplemental agricultural disaster assistance for 

that crop loss under subtitle B of the Federal 

Crop Insurance Act (7 U.S.C. 1531) or title IX 

of the Trade Act of 1974 (19 U.S.C. 2497 et 

seq.).’’; and 

(2) in subsection (b), by striking ‘‘this section’’ each place it appears and inserting 

‘‘subsection (a)(1)’’. 

(c) AQUACULTURE GRANTS.— 

(1) IN GENERAL.—The Secretary of Agriculture shall make available grants under 

this subsection to appropriate State departments of agriculture (or other appropriate 

State agencies) that agree to assist producers of animals described in section 

10806(a)(1) of the Farm Security and Rural 

Investment Act of 2002 (21 U.S.C. 321d(a)(1)) 

injured by increased costs for animal feed 

and that agree to comply with paragraph (2). 

(2) ELIGIBILITY FOR GRANTS.—To be eligible 

to receive a grant under this subsection, the 

State department of agriculture (or other appropriate State agency) shall— 

(A) agree to use the grants to distribute 

feed assistance through animal feed providers; and 

(B) agree to require such animal feed providers to make such feed assistance available 

on a pro rata basis to active producers described in paragraph (1) based on documented 

feed use by such producers in 2007. 

(3) FEED ASSISTANCE.—The Secretary shall 

make such grants available to such State departments of agriculture or other agencies 

allocated on a pro rata basis, based on total 

tons of feed for such animals consumed in 

such State in 2007. 

(4) FUNDING.—There are hereby appropriated $50,000,000 to carry out this subsection. 

CHAPTER 2 

DEPARTMENT OF COMMERCE 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE

PROGRAMS

For an additional amount for ‘‘Economic 

Development Assistance Programs’’ 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), $50,000,000, to remain available until expended: Provided, That in allocating 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. 

DEPARTMENT OF JUSTICE 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries 

and Expenses’’, $50,000,000, for the United 

States Marshals Service, to implement and 

enforce the Adam Walsh Child Protection 

and Safety Act (Public Law 109–248) to apprehend non-compliant sex offenders. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries 

and Expenses’’, $75,000,000. 

OFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT

ASSISTANCE

For an additional amount for ‘‘State and 

Local Law Enforcement Assistance’’ 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), 

$490,000,000. 

For an additional amount for ‘‘State and 

Local Law Enforcement Assistance’’, 

$100,000,000, 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 narcotic activity stemming 

from the Southern border, of which 

$15,000,000 shall be transferred to the ‘‘Bureau of Alcohol, Tobacco, Firearms and Explosives’’, ‘‘Salaries and Expenses’’ for the 

ATF Project Gunrunner. 

COMMUNITY ORIENTED POLICING SERVICES

For 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. 379dd) for hiring and rehiring of additional career law enforcement officers under 

part Q of such title notwithstanding subsection (i) of such section, $500,000,000. 

SCIENCE 

NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION

RETURN TO FLIGHT

For necessary expenses, not otherwise provided for, in carrying out return to flight activities associated with the space shuttle and 

activities from which funds were transferred 

to accommodate return to flight activities, 

$400,000,000, with such sums as determined by 

the Administrator of the National Aeronautics and Space Administration as available for transfer to ‘‘Science’’, ‘‘Aeronautics’’, ‘‘Exploration’’, and ‘‘Space Operations’’ for restoration of funds previously 

reallocated to meet return to flight activities. 

RELATED AGENCY 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES

CORPORATION

For an additional amount for ‘‘Payment to 

the Legal Services Corporation’’, $37,500,000, 

to provide legal assistance related to home 

ownership preservation, home foreclosure 

prevention, and tenancy associated foreclosure: Provided, That each limitation on 

expenditures, and each term or condition, 

that applies to funds appropriated to the 

Legal Services Corporation under the Consolidated Appropriations Act of 2008 (Public 

Law 110–61), shall apply to funds appropriated under this Act: Provided further, That 

priority shall be given to entities and individuals that (1) provide legal assistance in 

the 100 metropolitan statistical areas (as defined by the Director of the Office of Management and Budget) with the highest home 

foreclosure rates; and (2) have the capacity 

to begin using the funds within 90 days of receipt of the funds. 

CHAPTER 3 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

CONSTRUCTION

For an additional amount for ‘‘Construction’’ for expenses necessary for the construction of river and harbor, flood and 

storm damage reduction, shore protection, 

aquatic ecosystem restoration, and related 

projects authorized by law, $400,000,000, to remain available until expended: Provided, 

That not less than $100,000,000 of the funds 

provided shall be for environmental infrastructure assistance: Provided further, That 

not less than $75,000,000 of the funds provided 

shall be for rehabilitation of Corps of Engineers owned or operated hydropower infrastructure: Provided further, That 33 U.S.C. 

2221 shall not apply to funds provided in this 

Act: Provided further, That notwithstanding 

any other provision of law, funds provided in 

this Act shall not be cost shared with the Inland Waterways Trust Fund as authorized in 

Public Law 99–662: Provided further, That 

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S10588 CONGRESSIONAL RECORD — SENATE November 17, 2008 

funds provided in this Act may only be used 

for programs, projects or activities previously funded: Provided further, That funds 

provided in this Act shall be used for elements of projects, programs or activities 

that can be completed within these funding 

amounts and shall not create budgetary obligations in future fiscal years: Provided further, That the Secretary of the Army shall 

submit a report to the House and Senate Appropriations Committees within 45 days of 

enactment of this Act, specifying the 

projects, programs or activities that are to 

be funded with these supplemental funds: 

Provided further, That these funds must be 

obligated no later than December 31, 2010. 

OPERATIONS AND MAINTENANCE

For an additional amount for ‘‘Operation 

and Maintenance’’ for expenses necessary for 

the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law, 

and for surveys and charting of northern and 

northwestern lakes and connecting waters, 

clearing and straightening channels, and removal of obstructions to navigation, 

$500,000,000, to remain available until expended, of which such sums as are necessary 

to cover the Federal share of operation and 

maintenance costs for coastal harbors and 

channels, and inland harbors shall be derived 

from the Harbor Maintenance Trust Fund, 

pursuant to Public Law 99–662; and of which 

such sums as become available under section 

217 of the Water Resources Development Act 

of 1996, Public Law 104–303, shall be used to 

cover the cost of operation and maintenance 

of the dredged material disposal facilities for 

which fees have been collected: Provided, 

That not less than $150,000,000 of the funds 

provided shall be used for dredging any authorized inland and coastal waterways and 

ports to provide useful navigable widths and 

depths: Provided further, That not less than 

$25,000,000 of the funds provided shall be used 

for rehabilitation of public use areas at 

Corps of Engineers projects and facilities: 

Provided further, That $75,000,000 of the funds 

provided shall be used for maintenance activities for Corps of Engineers owned or operated hydropower infrastructure: Provided further, That funds provided in this Act may 

only be used for programs, projects or activities previously funded: Provided further, That 

funds provided in this Act shall be used for 

elements of projects, programs or activities 

that can be completed within these funding 

amounts and shall not create budgetary obligations in future fiscal years: Provided further, That the Secretary of the Army shall 

submit a report to the House and Senate Appropriations Committees within 45 days of 

enactment of this Act, specifying the 

projects, programs or activities that are to 

be funded with these supplemental funds: 

Provided further, That these funds must be 

obligated no later than December 31, 2010. 

MISSISSIPPI RIVER AND TRIBUTARIES

For an additional amount for ‘‘Mississippi 

River and Tributaries’’ for expenses necessary for the flood damage reduction program for the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $100,000,000, to remain available until expended, of which such sums as 

are necessary to cover the Federal share of 

operation and maintenance costs for inland 

harbors shall be derived from the Harbor 

Maintenance Trust Fund, pursuant to Public 

Law 99–662: Provided, That not less than 

$75,000,000 of the funds provided shall be utilized for flood control, ecosystem restoration, and backlog maintenance of facilities 

along the tributaries of the mainstem of the 

river eligible under this account: Provided 

further, That funds provided in this Act may 

only be used for programs, projects or activities previously funded in Acts making appropriations for Energy and Water Development: Provided further, That funds provided 

in this Act shall be used for elements of 

projects, programs or activities that can be 

completed within these funding amounts and 

shall not create budgetary obligations in future fiscal years: Provided further, That the 

Secretary of the Army shall submit a report 

to the House and Senate Appropriations 

Committees within 45 days of enactment of 

this Act, specifying the projects, programs 

or activities that are to be funded with these 

supplemental funds: Provided further, That 

these funds must be obligated no later than 

December 31, 2010. 

DEPARTMENT OF THE INTERIOR 

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

For an additional amount for ‘‘Water and 

Related Resources’’ for management, development, and restoration of water and related 

natural resources and for related activities, 

including the operation, maintenance, and 

rehabilitation and modification of reclamation and other facilities, including improvements or modification to provide environmental benefit, participation in fulfilling related Federal responsibilities to Native 

Americans, and related grants to, and cooperative and other agreements with, State 

and local governments, federally recognized 

Indian tribes, and others, $200,000,000, to remain available until expended: Provided, 

That not less than $50,000,000 of the funds 

provided under this heading shall be used for 

rural water projects and these funds should 

be concentrated on water intake and treatment facilities: Provided further, That not 

less than $5,000,000 of the funds provided 

under this heading shall be used for a bureauwide program for inspection of canals in 

urbanized areas: Provided further, That not 

less than $45,000,000 of the funds provided 

under this heading shall be used for water 

reclamation and reuse projects: Provided further, That not less than $15,000,000 of the 

funds provided under this heading shall be 

for maintenance and rehabilitation of Bureau of Reclamation owned or operated hydropower infrastructure: Provided further, 

That funds provided in this Act may only be 

used for programs, projects or activities previously funded: Provided further, That funds 

provided in this Act shall be used for elements of projects, programs or activities 

that can be completed within these funding 

amounts and shall not create budgetary obligations in future fiscal years: Provided further, That the Secretary of the Interior shall 

submit a report to the House and Senate Appropriations Committees within 45 days of 

enactment of this Act, specifying the 

projects, programs or activities that are to 

be funded with these supplemental funds: 

Provided further, That these funds must be 

obligated no later than December 31, 2010. 

DEPARTMENT OF ENERGY 

ENERGY EFFICIENCY AND RENEWABLE ENERGY

For an additional amount for ‘‘Energy Efficiency and Renewable Energy’’, $1,800,000,000, 

to remain available until expended: Provided, 

That of the funds appropriated, $500,000,000 is 

directed to the Weatherization Assistance 

Program: Provided further, That of the funds 

appropriated, not less than $300,000,000 is directed to advance battery technology research, development, and demonstration: 

Provided further, That of the funds appropriated, $500,000,000 is directed to competitively awarded local government and tribal 

technology demonstration grants. 

ELECTRICITY DELIVERY AND ENERGY

RELIABILITY

For an additional amount for ‘‘Electricity 

Delivery and Energy Reliability’’, 

$140,000,000, to remain available until expended: Provided, That funds shall be available for expenses related to smart grid technologies, critical energy facility process operation systems, and cyber security of control systems. 

NON-DEFENSE ENVIRONMENTAL CLEANUP

For an additional amount for ‘‘Non-Defense Environmental Cleanup’’, $150,000,000, 

to remain available until expended. 

URANIUM ENRICHMENT DECONTAMINATION AND

DECOMMISSIONING FUND

For an additional amount for ‘‘Uranium 

Enrichment Decontamination and Decommissioning Fund’’, $170,000,000, to remain 

available until expended. 

SCIENCE

For an additional amount for ‘‘Science’’, 

$175,000,000, to remain available until expended. 

ADVANCED BATTERY LOAN GUARANTEE

PROGRAM

For the cost of guaranteed loans as authorized by section 135 of the Energy Independence and Security Act of 2007 (Public Law 

110–140; 42 U.S.C. 17012), $1,000,000,000, to remain available until expended: Provided, 

That of such amount, $5,000,000 shall be used 

for administrative expenses in carrying out 

the guaranteed loan program. 

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY

ADMINISTRATION

WEAPONS ACTIVITIES

For an additional amount for ‘‘Weapons 

Activities’’, $100,000,000, to remain available 

until expended. 

ENVIRONMENTAL AND OTHER DEFENSE

ACTIVITIES

DEFENSE ENVIRONMENTAL CLEANUP

For an additional amount for ‘‘Defense Environmental Cleanup’’, $800,000,000, to remain 

available until expended. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 1301. FUTUREGEN. (a) Subject to subsection (b), the Secretary of Energy shall reinstate and continue— 

(1) the cooperative agreement numbered 

DE–FC–26–06NT42073 (as in effect on May 15, 

2008); and 

(2) Budget Period 1, under such agreement, 

through July 31, 2009. 

(b) During the period beginning on the date 

of enactment of this Act and ending March 

31, 2009— 

(1) The agreement described in subsection 

(a) may not be terminated except by the mutual consent of the parties to the agreement; 

and 

(2) Funds may be expended under the 

agreement only to complete and provide information and documentation to the Department of Energy. 

SEC. 1302. Section 1222(g) of the Energy 

Policy Act of 2005 (Public Law 109–58; 42 

U.S.C. 16421) is amended by striking 

‘‘$100,000,000’’ and inserting ‘‘$2,500,000,000’’. 

CHAPTER 4 

DEPARTMENT OF THE TREASURY 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries 

and Expenses’’, $10,550,000, to carry out the 

provisions of the Inspector General Act of 

1978, including material loss reviews in conjunction with bank failures. 

COMMODITY FUTURES TRADING 

COMMISSION 

SALARIES AND EXPENSES

For an additional amount to carry out the 

provisions of the Commodity Exchange Act 

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November 17, 2008 CONGRESSIONAL RECORD — SENATE S10589 

(7 U.S.C. 1 et seq.), $13,100,000, of which 

$8,000,000 shall remain available until September 30, 2010. 

GENERAL SERVICES ADMINISTRATION 

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

(LIMITATION ON AVAILABILITY)

For an additional amount to be deposited 

in the Federal Buildings Fund, $547,639,000, to 

be used by the Administrator of General 

Services for GSA real property activities; of 

which $201,000,000 shall be used for construction, repair and alteration of border inspection facility projects for any previously 

funded or authorized prospectus level 

project, for which additional funding is required, to expire on September 30, 2009 and 

remain in the Federal Buildings Fund except 

for funds for projects as to which funds for 

design or other funds have been obligated in 

whole or in part prior to such date; and of 

which $346,639,000 shall be used for the development and construction of the St. Elizabeths campus in the District of Columbia, to 

remain available until expended and remain 

in the Federal Buildings Fund except for 

funds for projects as to which funds for design or other funds have been obligated in 

whole or in part prior to such date: Provided, 

That each of the foregoing limits of costs on 

new construction projects may be exceeded 

to the extent that savings are effected in 

other such projects, but not to exceed 10 percent of the amounts provided unless advance 

approval is obtained from the Committees on 

Appropriations of a greater amount. 

SMALL BUSINESS ADMINISTRATION 

SALARIES AND EXPENSES

For an additional amount to be available 

until September 30, 2010, $4,000,000 for marketing, management, and technical assistance under section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make microloans under the 

Microloan program. 

For an additional amount to be available 

until September 30, 2010, $15,000,000 for lender 

oversight activities as authorized under section 1401(c) of this Act. 

BUSINESS LOANS PROGRAM ACCOUNT

For an additional amount for the cost of 

direct loans, $1,000,000, to remain available 

until September 30, 2010; and for an additional amount for the cost of guaranteed 

loans, $615,000,000, to remain available until 

September 30, 2010: Provided, That of the 

amount for the cost of guaranteed loans, 

$515,000,000 shall be for loan subsidies and 

loan modifications for loans to small business concerns authorized under section 

1401(a) of this Act; and $100,000,000 shall be 

for loan subsidies and loan modifications for 

loans to small business concerns authorized 

under section 1401(b) of this Act: Provided 

further, That such costs, including the cost 

of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget 

Act of 1974. 

ADMINISTRATIVE PROVISIONS—SMALL

BUSINESS ADMINISTRATION

SEC. 1401. ECONOMIC STIMULUS FOR SMALL

BUSINESS CONCERNS. (a) TEMPORARY FEE

ELIMINATION FOR THE 7(A) LOAN PROGRAM.— 

Until September 30, 2010, and to the extent 

the cost of such elimination of fees is offset 

by appropriations, with respect to each loan 

guaranteed under section 7(a) of Small Business Act (15 U.S.C. 636(a)) for which the application is approved on or after the date of 

enactment of this Act, the Administrator 

shall— 

(1) in lieu of the fee otherwise applicable 

under section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)), collect no 

fee; and 

(2) in lieu of the fee otherwise applicable 

under section 7(a)(18)(A) of the Small Business Act (15 U.S.C. 636(a)(18)(A)), collect no 

fee. 

(b) TEMPORARY FEE ELIMINATION FOR THE

504 LOAN PROGRAM.— 

(1) IN GENERAL.—Until September 30, 2010, 

and to the extent the cost of such elimination in fees is offset by appropriations, 

with respect to each project or loan guaranteed by the Administrator under title V of 

the Small Business Investment Act of 1958 

(15 U.S.C. 695 et seq.) for which the application is approved or pending approval on or 

after the date of enactment of this Act— 

(A) the Administrator shall, in lieu of the 

fee otherwise applicable under section 

503(d)(2) of the Small Business Investment 

Act of 1958 (15 U.S.C. 697(d)(2)) for an institution described in subclause (I), (II), or (III) of 

section 502(3)(B)(i) of that Act (15 U.S.C. 

696(3)(B)(i)), collect no fee; 

(B) a development company shall, in lieu of 

the mandatory 0.625 servicing fee under section 120.971(a)(3) of title 13, Code of Federal 

Regulations (relating to fees paid by borrowers), or any successor thereto, collect no 

fee; and 

(C) the Administrator shall, in lieu of the 

fee otherwise applicable under section 

503(d)(3) of the Small Business Investment 

Act (15 U.S.C. 697(d)(3)), collect no fee. 

(2) REIMBURSEMENT FOR WAIVED FEES.— 

(A) IN GENERAL.—To the extent the cost of 

such payments is offset by appropriations, 

the Administrator shall reimburse each development company that does not collect a 

servicing fee pursuant to paragraph (1)(B). 

(B) AMOUNT.—The payment to a development company under subparagraph (A) shall 

be in an amount equal to 0.5 percent of the 

outstanding principal balance of any guaranteed debenture for which the development 

company does not collect a servicing fee pursuant to paragraph (1)(B). 

(c) TEMPORARY FEE ELIMINATION OF LENDER

OVERSIGHT FEES.—Until September 30, 2010, 

and to the extent the cost of such elimination in fees is offset by appropriations, the 

Administrator shall, in lieu of the fee otherwise applicable under section 5(b)(14) of the 

Small Business Act (15 U.S.C. 634(b)(14)), collect no fee. 

(d) TECHNICAL CORRECTION.—Section 7(a) of 

the Small Business Act (15 U.S.C. 636(a)) is 

amended by redesignating paragraph (32) relating to an increased veteran participation 

pilot program, as added by section 208 of the 

Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 

2008 (Public Law 110–186; 122 Stat. 631), as 

paragraph (33). 

(e) APPLICATION OF FEE ELIMINATIONS.—The 

Administrator shall eliminate fees under 

subsections (a), (b), and (c) until the amount 

provided for such purposes, as applicable, 

under the headings ‘‘Salaries and Expenses’’ 

and ‘‘Business Loans Program Account’’ 

under the heading ‘‘Small Business Administration’’ under this Act are expended. 

(f) DEFINITIONS.—In this section— 

(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ mean the Small Business Administration and the Administrator thereof, 

respectively; and 

(2) the term ‘‘small business concern’’ has 

the same meaning as in section 3 of the 

Small Business Act (15 U.S.C. 632). 

SEC. 1402. None of the funds made available 

under this Act or any other appropriations 

Act for any fiscal year may be used by the 

Small Business Administration to implement the rule relating to women-owned 

small business Federal contract assistance 

procedures published in the Federal Register 

on October 1, 2008 (73 Fed. Reg. 56940 et seq.). 

CHAPTER 5 

DEPARTMENT OF HOMELAND SECURITY 

U.S. CUSTOMS AND BORDER PROTECTION

BORDER SECURITY, FENCING, INFRASTRUCTURE, 

AND TECHNOLOGY

For an additional amount for ‘‘Border Security, Fencing, Infrastructure, and Technology’’, $303,000,000, to remain available 

until expended; of which not less that 

$215,000,000 shall be for development and deployment of border security technology on 

the Southwest border; and of which not less 

than $88,000,000 shall be for procurement and 

deployment of tactical communications 

equipment and land mobile radios for the 

U.S. Border Patrol. 

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $100,000,000, to remain available until 

expended, to repair and construct inspection 

facilities at land border ports of entry. 

TRANSPORTATION SECURITY ADMINISTRATION

AVIATION SECURITY

For an additional amount for ‘‘Aviation 

Security’’, $500,000,000, to remain available 

until expended; of which $300,000,000 shall be 

for procurement and installation of checked 

baggage explosives detection systems; and of 

which $200,000,000 shall be for checkpoint explosives detection equipment: Provided, That 

no later than 90 days after the date of enactment of this Act, the Secretary of Homeland 

Security shall provide the Committees on 

Appropriations of the Senate and the House 

of Representatives a plan for the expenditure 

of these funds. 

COAST GUARD

ACQUISITION, CONSTRUCTION, AND

IMPROVEMENTS

For an additional amount for ‘‘Acquisition, 

Construction, and Improvements’’, 

$1,220,000,000, to remain available until expended; of which $925,000,000 shall be for the 

acquisition of a new polar icebreaker or for 

necessary expenses related to the service life 

extension of existing Coast Guard polar icebreakers; of which $150,000,000 shall be for 

the National Security Cutter program; and 

of which $145,000,000 shall be for shore facilities and aids to navigation facilities: Provided, That no later than 90 days after the 

date of enactment of this Act, the Secretary 

of Homeland Security shall provide the Committees on Appropriations of the Senate and 

the House of Representatives a plan for the 

expenditure of these funds. 

ALTERATION OF BRIDGES

For an additional amount for alteration or 

removal of obstructive bridges, as authorized 

by section 6 of the Truman-Hobbs Act (33 

U.S.C. 516), $90,000,000, to remain available 

until expended: Provided, That no later than 

90 days after the date of enactment of this 

Act, the Secretary of Homeland Security 

shall provide the Committees on Appropriations of the Senate and the House of Representatives an expenditure plan detailing 

how the Coast Guard will allocate the additional funds appropriated under this heading 

for bridges ready to proceed to construction. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER ASSISTANCE DIRECT LOAN PROGRAM

ACCOUNT

Notwithstanding section 417(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the amount of any 

such loan issued pursuant to this section for 

major disasters occurring in calendar year 

2008 may exceed $5,000,000, and may be equal 

to not more than 50 percent of the annual operating budget of the local government in 

any case in which that local government has 

suffered a loss of 25 percent or more in tax 

revenues. 

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FEDERAL LAW ENFORCEMENT TRAINING

CENTER

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, 

AND RELATED EXPENSES

For an additional amount for ‘‘Acquisition, 

Construction, Improvements, and Related 

Expenses’’, $9,000,000, to remain available 

until expended, for security upgrades to the 

Federal Law Enforcement Training Center’s 

border-related training facilities. 

CHAPTER 6 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $147,000,000, to remain available until 

September 30, 2010, of which $114,000,000 shall 

be for deferred maintenance projects, including the repair of earthen dams; of which 

$15,000,000 shall be for restoration and rehabilitation of trails; and of which $18,000,000 

shall be for remediation of abandoned mine 

sites: Provided, That the Secretary shall utilize to the maximum extent possible the 

Public Land Corps, the Youth Conservation 

Corps, and other related partnerships with 

State, local, tribal or nonprofit groups that 

serve young adults. 

UNITED STATES FISH AND WILDLIFE SERVICE

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $88,000,000, to remain available until 

September 30, 2010, for refuge and hatchery 

deferred maintenance projects: Provided, 

That the Secretary shall utilize to the maximum extent possible the Public Land Corps, 

the Youth Conservation Corps, and other related partnerships with State, local, tribal or 

nonprofit groups that serve young adults. 

NATIONAL PARK SERVICE

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $105,000,000, to remain available until 

September 30, 2010, of which $45,000,000 shall 

be for deferred maintenance projects; of 

which $45,000,000 shall be for restoration and 

rehabilitation of trails; and of which 

$15,000,000 shall be for remediation of abandoned mine sites: Provided, That the Secretary shall utilize to the maximum extent 

possible the Public Land Corps, the Youth 

Conservation Corps, and other related partnerships with State, local, tribal or nonprofit groups that serve young adults. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for ‘‘Surveys, Investigations, and Research’’, $84,000,000, to 

remain available until September 30, 2010, for 

repair and restoration of facilities and other 

deferred maintenance projects. 

BUREAU OF INDIAN AFFAIRS

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $200,000,000, to remain available until 

September 30, 2010, for repair and restoration 

of bureau-operated facilities and other deferred maintenance projects. 

ENVIRONMENTAL PROTECTION AGENCY 

STATE AND TRIBAL ASSISTANCE GRANTS

For an additional amount for ‘‘State and 

Tribal Assistance Grants’’, $2,500,000,000, to 

remain available until expended, of which 

$1,750,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal 

Water Pollution Control Act, as amended; 

and of which $750,000,000 shall be for making 

capitalization grants for the Drinking Water 

State Revolving Funds under section 1452 of 

the Safe Drinking Water Act, as amended: 

Provided, That none of these funds shall be 

subject to State matching requirements: 

Provided further, That of the amount made 

available for the Clean Water State Revolving Fund, not to exceed 1.5 percent may be 

set aside for grants to tribes pursuant to section 518(c) of the Federal Water Pollution 

Water Control Act. 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

CAPITAL IMPROVEMENT AND MAINTENANCE

For an additional amount for ‘‘Capital Improvement and Maintenance’’, $425,000,000, to 

remain available until September 30, 2010, for 

deferred maintenance projects, which may 

include remediation of abandoned mine sites: 

Provided, That the Secretary shall utilize to 

the maximum extent possible the Public 

Land Corps, the Youth Conservation Corps, 

and other related partnerships with State, 

local, tribal or nonprofit groups that serve 

young adults. 

SMITHSONIAN INSTITUTION 

FACILITIES CAPITAL

For an additional amount for ‘‘Facilities 

Capital’’, $93,500,000, to remain available 

until September 30, 2010, for deferred maintenance projects. 

GENERAL PROVISION—THIS CHAPTER 

SEC. 1601. Notwithstanding any other provision of law, including section 152 of division A of H.R. 2638 (110th Congress), the Consolidated Security, Disaster Assistance, and 

Continuing Appropriations Act, 2009, the 

terms and conditions contained in section 

433 of division F of Public Law 110–161 shall 

remain in effect for the fiscal year ending 

September 30, 2009. 

CHAPTER 7 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For an additional amount for ‘‘Training 

and Employment Services’’ under the Employment and Training Administration, 

$600,000,000, for youth activities and dislocated worker activities authorized by the 

Workforce Investment Act of 1998 (‘‘WIA’’): 

Provided, That $300,000,000 shall be for youth 

activities and available through June 30, 

2009: Provided further, That $300,000,000 shall 

be for dislocated worker employment and 

training activities and available for the period July 1, 2008 through June 30, 2009: Provided further, That no portion of funds available under this heading in this Act shall be 

reserved to carry out section 127(b)(1)(A), 

section 128(a), or section 133(a) of the WIA: 

Provided further, That the work readiness 

performance indicator described in section 

136(b)(2)(A)(ii)(I) of the WIA shall be the only 

measure of performance used to assess the 

effectiveness of the youth activities, and 

that the performance indicators in section 

136(b)(2)(A)(i) of the WIA shall be the measures of performance used to assess the effectiveness of the dislocated worker activities 

funded with such funds: Provided further, 

That, notwithstanding any other provision 

of law, additional funds for youth activities 

provided by this Act shall be allotted as if 

the total amount of funding available for 

youth activities in program year 2008 is less 

than $1,000,000,000. 

DEPARTMENT OF HEALTH AND HUMAN 

SERVICES 

CENTERS FOR DISEASE CONTROL AND

PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

For an additional amount for ‘‘Disease 

Control, Research, and Training’’, $46,000,000, 

of which $20,000,000 shall be to continue and 

expand investigations to determine the root 

causes of disease clusters, including but not 

limited to polycythemia vera clusters; of 

which $21,000,000 shall be for the prevention 

of and response to medical errors including 

research, education and outreach activities; 

and of which $5,000,000 shall be for responding to outbreaks of communicable diseases 

related to the re-use of syringes in outpatient clinics, including reimbursement of 

local health departments for testing and genetic sequencing of persons potentially exposed. 

NATIONAL INSTITUTES OF HEALTH

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Office of the 

Director’’, $1,000,000,000, which shall be transferred to the Institutes and Centers of the 

National Institutes of Health and to the 

Common Fund established under section 

402A(c)(1) of the Public Health Service Act in 

proportion to the appropriations otherwise 

made to such Institutes, Centers, and Common Fund for fiscal year 2008: Provided, That 

funds shall be used to support additional scientific research and be available for the 

same purposes as the appropriation or fund 

to which transferred: Provided further, That 

this transfer authority is in addition to any 

other transfer authority available to the National Institutes of Health: Provided further, 

That none of these funds may be transferred 

to ‘‘National Institutes of Health—Buildings 

and Facilities’’, the Center for Scientific Review, the Center for Information Technology, the Clinical Center, the Global Fund 

for HIV/AIDS, Tuberculosis and Malaria, or 

the Office of the Director (except for the 

transfer to the Common Fund). 

ADMINISTRATION FOR CHILDREN AND FAMILIES

CHILDREN AND FAMILIES SERVICES PROGRAMS

For an additional amount for ‘‘Children 

and Families Services Programs’’ for carrying out activities under sections 674 

through 679 of the Community Services 

Block Grant Act, $200,000,000, of which no 

part shall be subject to paragraph (3) of section 674(b) of such Act. 

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For an additional amount for ‘‘Aging Services Programs’’, $60,000,000, of which 

$40,750,000 shall be for Congregate Nutrition 

Services and $19,250,000 shall be for Home-Delivered Nutrition Services. 

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES

EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for the ‘‘Public 

Health and Social Services Emergency 

Fund’’ to support activities related to countering potential biological, nuclear, radiological and chemical threats to civilian populations, and for other public health emergencies, $542,000,000: Provided, That 

$473,000,000 is for advanced research and development of medical countermeasures and 

ancillary products: Provided further, That 

$50,000,000 is available to support the delivery of medical countermeasures, of which up 

to $20,000,000 may be made available to the 

United States Postal Service to support such 

delivery. 

For an additional amount for the ‘‘Public 

Health and Social Services Emergency 

Fund’’ to prepare for and respond to an influenza pandemic, $363,000,000, for activities including the development and purchase of 

vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance 

tools: Provided, That products purchased 

with these funds may, at the discretion of 

the Secretary, be deposited in the Strategic 

National Stockpile: Provided further, That 

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notwithstanding section 496(b) of the Public 

Health Service Act, funds may be used for 

the construction or renovation of privately 

owned facilities for the production of pandemic influenza vaccines and other biologics, 

where the Secretary finds such a contract 

necessary to secure sufficient supplies of 

such vaccines or biologics: Provided further, 

That funds appropriated herein may be 

transferred to other appropriation accounts 

of the Department of Health and Human 

Services, as determined by the Secretary to 

be appropriate, to be used for the purposes 

specified in this sentence. 

DEPARTMENT OF EDUCATION 

For carrying out section 1702 of this Act, 

$2,500,000,000, which shall be available for obligation from July 1, 2008 through September 

30, 2009. 

SCHOOL IMPROVEMENT PROGRAMS

For an additional amount for ‘‘School Improvement Programs’’, $36,000,000, for carrying out activities authorized by subtitle B 

of title VII of the McKinney-Vento Homeless 

Assistance Act: Provided, That the Secretary 

shall make such funds available on a competitive basis to local educational agencies 

that demonstrate a high need for such assistance. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 1701. REPORT ON THE IMPACT OF PAST

AND FUTURE MINIMUM WAGE INCREASES. (a) IN

GENERAL.—Section 8104 of the U.S. Troop 

Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations 

Act, 2007 (Public Law 110–28; 121 Stat. 189) is 

amended to read as follows: 

‘‘SEC. 8104. REPORT ON THE IMPACT OF PAST 

AND FUTURE MINIMUM WAGE INCREASES. 

‘‘(a) STUDY.—Beginning on the date that is 

60 days after the date of enactment of this 

Act, and every year thereafter until the minimum wage in the respective territory is 

$7.25 per hour, the Government Accountability Office shall conduct a study to— 

‘‘(1) assess the impact of the minimum 

wage increases that occurred in American 

Samoa and the Commonwealth of the Northern Mariana Islands in 2007 and 2008, as required under Public Law 110–28, on the rates 

of employment and the living standards of 

workers, with full consideration of the other 

factors that impact rates of employment and 

the living standards of workers such as inflation in the cost of food, energy, and other 

commodities; and 

‘‘(2) estimate the impact of any further 

wage increases on rates of employment and 

the living standards of workers in American 

Samoa and the Commonwealth of the Northern Mariana Islands, with full consideration 

of the other factors that may impact the 

rates of employment and the living standards of workers, including assessing how the 

profitability of major private sector firms 

may be impacted by wage increases in comparison to other factors such as energy costs 

and the value of tax benefits. 

‘‘(b) REPORT.—No earlier than March 15, 

2009, and not later than April 15, 2009, the 

Government Accountability Office shall 

transmit its first report to Congress concerning the findings of the study required 

under subsection (a). The Government Accountability Office shall transmit any subsequent reports to Congress concerning the 

findings of a study required by subsection (a) 

between March 15 and April 15 of each year. 

‘‘(c) ECONOMIC INFORMATION.—To provide 

sufficient economic data for the conduct of 

the study under subsection (a)— 

‘‘(1) the Department of Labor shall include 

and separately report on American Samoa 

and the Commonwealth of the Northern Mariana Islands in its household surveys and establishment surveys; 

‘‘(2) the Bureau of Economic Analysis of 

the Department of Commerce shall include 

and separately report on American Samoa 

and the Commonwealth of the Northern Mariana Islands in its gross domestic product 

data; and 

‘‘(3) the Bureau of the Census of the Department of Commerce shall include and separately report on American Samoa and the 

Commonwealth of the Northern Mariana Islands in its population estimates and demographic profiles from the American Community Survey, 

with the same regularity and to the same extent as the Department or each Bureau collects and reports such data for the 50 States. 

In the event that the inclusion of American 

Samoa and the Commonwealth of the Northern Mariana Islands in such surveys and data 

compilations requires time to structure and 

implement, the Department of Labor, the 

Bureau of Economic Analysis, and the Bureau of the Census (as the case may be) shall 

in the interim annually report the best 

available data that can feasibly be secured 

with respect to such territories. Such interim reports shall describe the steps the Department or the respective Bureau will take 

to improve future data collection in the territories to achieve comparability with the 

data collected in the United States. The Department of Labor, the Bureau of Economic 

Analysis, and the Bureau of the Census, together with the Department of the Interior, 

shall coordinate their efforts to achieve such 

improvements.’’. 

(b) EFFECTIVE DATE.—The amendment 

made by this section shall take effect on the 

date of enactment of this Act. 

SEC. 1702. GRANTS FOR SCHOOL RENOVATION. 

(a) ALLOCATION OF FUNDS.— 

(1) RESERVATION.—From the funds appropriated to carry out this section for a fiscal 

year, the Secretary shall reserve 1 percent to 

provide assistance under this section to the 

outlying areas and for payments to the Secretary of the Interior to provide assistance 

consistent with this section to schools funded by the Bureau of Indian Education. Funds 

reserved under this subsection shall be distributed by the Secretary among the outlying areas and the Secretary of the Interior 

on the basis of their relative need, as determined by the Secretary, in accordance with 

the purposes of this section. 

(2) ALLOCATION TO STATE EDUCATIONAL

AGENCIES.—After making the reservation described in paragraph (1), from the remainder 

of the appropriated funds described in paragraph (1), the Secretary shall allocate to 

each State educational agency serving a 

State an amount that bears the same relation to the remainder for the fiscal year as 

the amount the State received under part A 

of title I of such Act for fiscal year 2008 bears 

to the amount all States received under such 

part for fiscal year 2008, except that no such 

State educational agency shall receive less 

than 0.5 percent of the amount allocated 

under this paragraph. 

(b) WITHIN-STATE ALLOCATIONS.— 

(1) ADMINISTRATIVE COSTS.— 

(A) STATE EDUCATIONAL AGENCY ADMINISTRATION.—Except as provided in subparagraph (C), each State educational agency 

may reserve not more than 1 percent of its 

allocation under subsection (a)(2) or 

$1,000,000, whichever is less, for the purpose 

of administering the distribution of grants 

under this subsection. 

(B) REQUIRED USES.—The State educational 

agency shall use a portion of the reserved 

funds to establish or support a State-level 

database of public school facility inventory, 

condition, design, and utilization. 

(C) STATE ENTITY ADMINISTRATION.—If the 

State educational agency transfers funds to 

a State entity described in paragraph (2)(A), 

the State educational agency shall transfer 

to such entity 0.75 of the amount reserved 

under this paragraph for the purpose of administering the distribution of grants under 

this subsection. 

(2) RESERVATION FOR COMPETITIVE SCHOOL

REPAIR AND RENOVATION GRANTS TO LOCAL

EDUCATIONAL AGENCIES.— 

(A) IN GENERAL.—Subject to the reservation under paragraph (1), of the funds allocated to a State educational agency under 

subsection (a)(2), the State educational agency shall distribute 100 percent of such funds 

to local educational agencies or, if such 

State educational agency is not responsible 

for the financing of education facilities, the 

State educational agency shall transfer such 

funds to the State entity responsible for the 

financing of education facilities (referred to 

in this section as the ‘‘State entity’’) for distribution by such entity to local educational 

agencies in accordance with this paragraph, 

to be used, consistent with subsection (c), for 

school repair and renovation. 

(B) COMPETITIVE GRANTS TO LOCAL EDUCATIONAL AGENCIES.—The State educational 

agency or State entity shall carry out a program awarding grants, on a competitive 

basis, to local educational agencies for the 

purpose described in subparagraph (A). Of 

the total amount available for distribution 

to local educational agencies under this 

paragraph, the State educational agency or 

State entity, shall, in carrying out the grant 

competition— 

(i) award to high-need local educational 

agencies, in the aggregate, at least an 

amount which bears the same relationship to 

such total amount as the aggregate amount 

such high-need local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311 et seq.) for fiscal year 2008 bears 

to the aggregate amount received for such 

fiscal year under such part by all local educational agencies in the State; 

(ii) award to rural local educational agencies in the State, in the aggregate, at least 

an amount which bears the same relationship to such total amount as the aggregate 

amount such rural local educational agencies received under such part for fiscal year 

2008 bears to the aggregate amount received 

for such fiscal year under such part by all 

local educational agencies in the State; and 

(iii) award the remaining funds to local 

educational agencies not receiving an award 

under clause (i) or (ii), including high-need 

local educational agencies and rural local 

educational agencies that did not receive 

such an award. 

(C) CRITERIA FOR AWARDING GRANTS.—In 

awarding competitive grants under this 

paragraph, a State educational agency or 

State entity shall take into account the following criteria: 

(i) PERCENTAGE OF POOR CHILDREN.—The 

percentage of poor children 5 to 17 years of 

age, inclusive, in a local educational agency. 

(ii) NEED FOR SCHOOL REPAIR AND RENOVATION.—The need of a local educational agency for school repair and renovation, as demonstrated by the condition of the public 

school facilities of the local educational 

agency. 

(iii) FISCAL CAPACITY.—The fiscal capacity 

of a local educational agency to meet the 

needs of the local educational agency for repair and renovation of public school facilities without assistance under this section, 

including the ability of the local educational 

agency to raise funds through the use of 

local bonding capacity and otherwise. 

(iv) CHARTER SCHOOL ACCESS TO FUNDING.— 

In the case of a local educational agency 

that proposes to fund a repair or renovation 

project for a charter school, the extent to 

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S10592 CONGRESSIONAL RECORD — SENATE November 17, 2008 

which the school has access to funding for 

the project through the financing methods 

available to other public schools or local 

educational agencies in the State. 

(v) LIKELIHOOD OF MAINTAINING THE FACILITY.—The likelihood that the local educational agency will maintain, in good condition, any facility whose repair or renovation is assisted under this section. 

(D) MATCHING REQUIREMENT.— 

(i) IN GENERAL.—A State educational agency or State entity shall require local educational agencies to match funds awarded 

under this subsection. 

(ii) MATCH AMOUNT.—The amount of a 

match described in clause (i) may be established by using a sliding scale that takes 

into account the relative poverty of the population served by the local educational agency. 

(c) RULES APPLICABLE TO SCHOOL REPAIR

AND RENOVATION.—With respect to funds 

made available under this section that are 

used for school repair and renovation, the 

following rules shall apply: 

(1) PERMISSIBLE USES OF FUNDS.—School repair and renovation shall be limited to 1 or 

more of the following: 

(A) EMERGENCY REPAIRS OR RENOVATIONS.— 

Emergency repairs or renovations to public 

school facilities only to ensure the health 

and safety of students and staff, including— 

(i) repairing, replacing, or installing roofs, 

windows, doors, electrical wiring, plumbing 

systems, or sewage systems; 

(ii) repairing, replacing, or installing heating, ventilation, or air conditioning systems 

(including insulation); and 

(iii) bringing public schools into compliance with fire and safety codes. 

(B) MODIFICATIONS FOR COMPLIANCE WITH

THE AMERICANS WITH DISABILITIES ACT OF

1990.—School facilities modifications necessary to render public school facilities accessible in order to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 

12101 et seq.). 

(C) MODIFICATIONS FOR COMPLIANCE WITH

SECTION 504 OF THE REHABILITATION ACT OF

1973.—School facilities modifications necessary to render public school facilities accessible in order to comply with section 504 

of the Rehabilitation Act of 1973 (29 U.S.C. 

794). 

(D) ASBESTOS ABATEMENT OR REMOVAL.—Asbestos abatement or removal from public 

school facilities. 

(E) CHARTER SCHOOL BUILDING INFRASTRUCTURE.—Renovation and repair needs related 

to the building infrastructure of a charter 

school. 

(2) IMPERMISSIBLE USES OF FUNDS.—No 

funds received under this section may be 

used for— 

(A) payment of maintenance costs in connection with any projects constructed in 

whole or part with Federal funds provided 

under this section; 

(B) the construction of new facilities; or 

(C) stadiums or other facilities primarily 

used for athletic contests or exhibitions or 

other events for which admission is charged 

to the general public. 

(3) SUPPLEMENT, NOT SUPPLANT.—Excluding 

the uses described in subparagraphs (B) and 

(C) of paragraph (1), a local educational 

agency shall use Federal funds subject to 

this subsection only to supplement the 

amount of funds that would, in the absence 

of such Federal funds, be made available 

from non-Federal sources for school repair 

and renovation. 

(d) QUALIFIED BIDDERS; COMPETITION.— 

Each local educational agency that receives 

funds under this section shall ensure that, if 

the local educational agency carries out repair or renovation through a contract, any 

such contract process ensures the maximum 

number of qualified bidders, including small, 

minority, and women-owned businesses, 

through full and open competition. 

(e) REPORTING.— 

(1) LOCAL REPORTING.—Each local educational agency receiving funds made available under subsection (a)(2) shall submit a 

report to the State educational agency, at 

such time as the State educational agency 

may require, describing the use of such funds 

for school repair and renovation. 

(2) STATE REPORTING.—Each State educational agency receiving funds made available under subsection (a)(2) shall submit to 

the Secretary, not later than December 31, 

2010, a report on the use of funds received 

under subsection (a)(2) and made available to 

local educational agencies for school repair 

and renovation. 

(f) REALLOCATION.—If a State educational 

agency does not apply for an allocation of 

funds under subsection (a)(2) for a fiscal 

year, or does not use its entire allocation for 

such fiscal year, then the Secretary may reallocate the amount of the State educational 

agency’s allocation (or the remainder thereof, as the case may be) for such fiscal year to 

the remaining State educational agencies in 

accordance with subsection (a)(2). 

(g) DEFINITIONS.—For purposes of this section: 

(1) CHARTER SCHOOL.—The term ‘‘charter 

school’’ has the meaning given the term in 

section 5210 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7221i). 

(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘‘high-need local educational 

agency’’ has the meaning given the term in 

section 2102(3)(A) of such Act (20 U.S.C. 

6602(3)(A)). 

(3) LOCAL EDUCATIONAL AGENCY; SECRETARY; 

STATE EDUCATIONAL AGENCY.—The terms 

‘‘local educational agency’’, ‘‘Secretary’’, 

and ‘‘State educational agency’’ have the 

meanings given the terms in section 9101 of 

such Act (20 U.S.C. 7801). 

(4) OUTLYING AREA.—The term ‘‘outlying 

area’’ has the meaning given the term in section 1121(c) of such Act (20 U.S.C. 6331(c)). 

(5) POOR CHILDREN.—The term ‘‘poor children’’ refers to children 5 to 17 years of age, 

inclusive, who are from families with incomes below the poverty line (as defined by 

the Office of Management and Budget and revised annually in accordance with section 

673(2) of the Community Services Block 

Grant Act (42 U.S.C. 9902(2)) applicable to a 

family of the size involved for the most recent fiscal year for which data satisfactory 

to the Secretary are available. 

(6) RURAL LOCAL EDUCATIONAL AGENCY.— 

The term ‘‘rural local educational agency’’ 

means a local educational agency that the 

State determines is located in a rural area 

using objective data and a commonly employed definition of the term ‘‘rural’’. 

(7) STATE.—The term ‘‘State’’ means each 

of the several states of the United States, 

the District of Columbia, and the Commonwealth of Puerto Rico. 

SEC. 1703. RESTORATION OF ACCESS TO NOMINAL DRUG PRICING FOR CERTAIN CLINICS AND

HEALTH CENTERS. (a) IN GENERAL.—Section 

1927(c)(1)(D) of the Social Security Act (42 

U.S.C. §1396r-8(c)(1)(D)), as added by section 

6001(d)(2) of the Deficit Reduction Act of 2005 

(Public Law 109–171), is amended— 

(1) in clause (i)— 

(A) by redesignating subclause (IV) as subclause (VI); and 

(B) by inserting after subclause (III) the 

following: 

‘‘(IV) An entity that— 

‘‘(aa) is described in section 501(c)(3) of the 

Internal Revenue Code of 1986 and exempt 

from tax under section 501(a) of such Act or 

is State-owned or operated; and 

‘‘(bb) would be a covered entity described 

in section 340(B)(a)(4) of the Public Health 

Service Act insofar as the entity provides 

the same type of services to the same type of 

populations as a covered entity described in 

such section provides, but does not receive 

funding under a provision of law referred to 

in such section. 

‘‘(V) A public or nonprofit entity, or an entity based at an institution of higher learning whose primary purpose is to provide 

health care services to students of that institution, that provides a service or services described under section 1001(a) of the Public 

Health Service Act.’’; and 

(2) by adding at the end the following 

new clause: 

‘‘(iv) RULE OF CONSTRUCTION.—Nothing in 

this subparagraph shall be construed to alter 

any existing statutory or regulatory prohibition on services with respect to an entity described in subclause (IV) or (V) of clause (i), 

including the prohibition set forth in section 

1008 of the Public Health Service Act.’’. 

(b) EFFECTIVE DATE.—The amendments 

made by this section shall take effect as if 

included in the amendment made by section 

6001(d)(2) of the Deficit Reduction Act of 

2005. 

CHAPTER 8 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, NAVY AND MARINE

CORPS

For an additional amount for ‘‘Military 

Construction, Navy and Marine Corps’’, 

$75,000,000, to remain available until expended, for the planning, design, and construction of child development centers: Provided, That notwithstanding any other provision of law, such funds may be obligated and 

expended to carry out planning and design 

and construction not otherwise authorized 

by law: Provided further, That within 30 days 

of enactment of this Act, the Secretary of 

the Navy shall submit to the Committees on 

Appropriations of both Houses of Congress 

an expenditure plan for funds provided under 

this heading. 

FAMILY HOUSING CONSTRUCTION, ARMY

For an additional amount for ‘‘Family 

Housing Construction, Army’’, $50,000,000, to 

remain available until expended, for military 

family housing construction and improvements: Provided, That notwithstanding any 

other provision of law, such funds may be obligated and expended to carry out planning 

and design and construction not otherwise 

authorized by law: Provided further, That 

within 30 days of enactment of this Act, the 

Secretary of the Army shall submit to the 

Committees on Appropriations of both 

Houses of Congress an expenditure plan for 

funds provided under this heading. 

FAMILY HOUSING CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Family 

Housing Construction, Air Force’’, 

$125,000,000, to remain available until expended, for military family housing construction and improvements: Provided, That 

notwithstanding any other provision of law, 

such funds may be obligated and expended to 

carry out planning and design and construction not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act, the Secretary of the Air 

Force shall submit to the Committees on Appropriations of both Houses of Congress an 

expenditure plan for funds provided under 

this heading. 

GENERAL PROVISION—THIS CHAPTER 

SEC. 1801. PAYMENTS TO ELIGIBLE PERSONS

WHO SERVED IN THE UNITED STATES ARMY

FORCES IN THE FAR EAST DURING WORLD WAR

II. (a) FINDINGS.—Congress makes the following findings: 

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(1) The Philippine islands became a United 

States possession in 1898 when they were 

ceded from Spain following the SpanishAmerican War. 

(2) During World War II, Filipinos served in 

a variety of units, some of which came under 

the direct control of the United States 

Armed Forces. 

(3) The regular Philippine Scouts, the new 

Philippine Scouts, the Guerilla Services, and 

more than 100,000 members of the Philippine 

Commonwealth Army were called into the 

service of the United States Armed Forces of 

the Far East on July 26, 1941, by an executive 

order of President Franklin D. Roosevelt. 

(4) Even after hostilities had ceased, wartime service of the new Philippine Scouts 

continued as a matter of law until the end of 

1946, and the force gradually disbanded and 

was disestablished in 1950. 

(5) Filipino veterans who were granted benefits prior to the enactment of the so-called 

Rescissions Acts of 1946 (Public Laws 79–301 

and 79–391) currently receive full benefits 

under laws administered by the Secretary of 

Veterans Affairs, but under section 107 of 

title 38, United States Code, the service of 

certain other Filipino veterans is deemed 

not to be active service for purposes of such 

laws. 

(6) These other Filipino veterans only receive certain benefits under title 38, United 

States Code, and, depending on where they 

legally reside, are paid such benefit amounts 

at reduced rates. 

(7) The benefits such veterans receive include service-connected compensation benefits paid under chapter 11 of title 38, United 

States Code, dependency indemnity compensation survivor benefits paid under chapter 13 of title 38, United States Code, and 

burial benefits under chapters 23 and 24 of 

title 38, United States Code, and such benefits are paid to beneficiaries at the rate of 

$0.50 per dollar authorized, unless they lawfully reside in the United States. 

(8) Dependents’ educational assistance 

under chapter 35 of title 38, United States 

Code, is also payable for the dependents of 

such veterans at the rate of $0.50 per dollar 

authorized, regardless of the veterans’ residency. 

(b) COMPENSATION FUND.— 

(1) IN GENERAL.—There is in the general 

fund of the Treasury a fund to be known as 

the ‘‘Filipino Veterans Equity Compensation 

Fund’’ (in this section referred to as the 

‘‘compensation fund’’). 

(2) AVAILABILITY OF FUNDS.—Subject to the 

availability of appropriations for such purpose, amounts in the compensation fund 

shall be available to the Secretary of Veterans Affairs without fiscal year limitation 

to make payments to eligible persons in accordance with this section. 

(c) PAYMENTS.— 

(1) IN GENERAL.—During the one-year period beginning on the date of the enactment 

of this Act, the Secretary shall make a payment to an eligible person who, during such 

period, submits to the Secretary an application containing such information and assurances as the Secretary may require. 

(2) PAYMENT TO SURVIVING SPOUSE.—If an 

eligible person dies during the period described in paragraph (1) before payment is 

made to the eligible person under this section, the payment otherwise to be made to 

the eligible person under this section shall 

be made instead to the surviving spouse of 

the eligible person. 

(d) ELIGIBLE PERSONS.—An eligible person 

is any person who served— 

(1) before July 1, 1946, in the organized 

military forces of the Government of the 

Commonwealth of the Philippines, while 

such forces were in the service of the Armed 

Forces of the United States pursuant to the 

military order of the President dated July 

26, 1941, including among such military 

forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in 

Chief, Southwest Pacific Area, or other competent authority in the Army of the United 

States; or 

(2) in the Philippine Scouts under section 

14 of the Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 538). 

(e) PAYMENT AMOUNTS.—Each payment 

under this section shall be— 

(1) in the case of an eligible person who is 

not a citizen of the United States, in the 

amount of $9,000; and 

(2) in the case of an eligible person who is 

a citizen of the United States, in the amount 

of $15,000. 

(f) LIMITATION.—The Secretary may not 

make more than one payment under this section for each person described in subsection 

(d). 

(g) CLARIFICATION OF TREATMENT OF PAYMENTS UNDER CERTAIN LAWS.—Amounts paid 

to a person under this section— 

(1) shall be treated for purposes of the internal revenue laws of the United States as 

damages for human suffering; and 

(2) shall not be included in income or resources for purposes of determining— 

(A) eligibility of an individual to receive 

benefits described in section 3803(c)(2)(C) of 

title 31, United States Code, or the amount 

of such benefits; or 

(B) eligibility of an individual to receive 

benefits under title II or VIII of the Social 

Security Act, or the amount of such benefits. 

(h) RELEASE.— 

(1) IN GENERAL.—Except as provided in 

paragraph (2), the acceptance by an eligible 

person of a payment under this section shall 

be final, and shall constitute a complete release of any claim against the United States 

by reason of any service described in subsection (d). 

(2) PAYMENT OF PREVIOUSLY AWARDED BENEFITS.—Nothing in this section shall prohibit 

a person from receiving any benefit to which 

the person is entitled based on a claim for 

which benefits are awarded before the date of 

the enactment of this Act, including on a 

claim for medical care and nursing care benefits, burial benefits, and any other benefits 

to which the person is entitled by law. 

(i) RECOGNITION OF SERVICE.—The service 

of a person as described in subsection (d) is 

hereby recognized as active military service 

in the Armed Forces for purposes of, and to 

the extent provided in, this section. 

(j) REPORTS.—The Secretary shall include, 

in documents submitted to Congress by the 

Secretary in support of the President’s budget for each fiscal year in which payments are 

made from the compensation fund under this 

section, detailed information on the operation of the compensation fund, including 

the number of applicants, the number of eligible persons receiving benefits, the amounts 

paid out of the compensation fund, and the 

administration of the compensation fund. 

(k) REGULATIONS.—Not later than 90 days 

after the date of the enactment of this Act, 

the Secretary shall prescribe regulations to 

carry out this section. 

(l) AUTHORIZATION OF APPROPRIATION.— 

There is authorized to be appropriated to the 

compensation fund $198,000,000, to remain 

available until expended, to make payments 

under this section. 

CHAPTER 9 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

SUPPLEMENTAL DISCRETIONARY GRANTS FOR

AIRPORT INVESTMENT

For an additional amount for capital expenditures authorized under section 47102(3) 

of title 49, United States Code, $500,000,000: 

Provided, That the Secretary of Transportation shall distribute funds provided under 

this heading as discretionary grants to airports that demonstrate to his or her satisfaction their ability to obligate these funds 

within 180 days of the date of such distribution and shall serve to supplement and not 

supplant planned expenditures from airportgenerated revenues or from other State and 

local sources on such activities: Provided further, That no funds provided under this heading shall be used for activities not identified 

on an airport layout plan: Provided further, 

That the Federal share payable of the costs 

for which a grant is made under this heading 

shall be 100 percent: Provided further, That 

the amount made available under this heading shall not be subject to any limitation on 

obligations for the Grants-in-Aid for Airports program set forth in any Act: Provided 

further, That projects conducted using funds 

provided under this heading must comply 

with the requirements of subchapter IV of 

chapter 31 of title 40, United States Code. 

FEDERAL HIGHWAY ADMINISTRATION

SUPPLEMENTAL GRANTS TO STATES FOR

FEDERAL-AID HIGHWAY INVESTMENT

For an additional amount for restoration, 

repair, construction and other activities eligible under paragraph (b) of section 133 of 

title 23, United States Code, $10,000,000,000: 

Provided, That the Secretary of Transportation shall transfer $2,000,000 to the Inspector General of the Department of Transportation for costs associated with audits and 

investigations of projects and activities carried out with funds made available to the Department of Transportation in this Act: Provided further, That after making such transfer, the remaining funds provided under this 

heading shall be apportioned to States using 

the formula set forth in section 104(b)(3) of 

such title: Provided further, That funding provided under this heading shall be in addition 

to any and all funds provided for fiscal years 

2008 and 2009 in any other Act for ‘‘Federalaid Highways’’ and shall not affect the distribution of funds provided for ‘‘Federal-aid 

Highways’’ in any other Act: Provided further, That the Secretary of Transportation 

shall institute measures to ensure that funds 

provided under this heading shall be obligated within 180 days of the date of their apportionment: Provided further, That 180 days 

following the date of such apportionment, 

the Secretary shall withdraw and redistribute any unobligated funds utilizing whatever method he or she deems appropriate to 

ensure that all funds provided under this 

heading shall be obligated promptly: Provided further, That the Federal share payable 

on account of any project or activity carried 

out with funds made available under this 

heading shall be 100 percent of the total cost 

thereof: Provided further, That the amount 

made available under this heading shall not 

be subject to any limitation on obligations 

for Federal-aid highways or highway safety 

construction programs set forth in any Act: 

Provided further, That projects conducted 

using funds provided under this heading 

must comply with the requirements of subchapter IV of chapter 31 of title 40, United 

States Code: Provided further, That for the 

purposes of the definition of States for this 

paragraph, sections 101(a)(32) of title 23, 

United States Code, shall apply. 

SUPPLEMENTAL GRANTS TO STATES FOR FERRY

TRANSPORTATION INVESTMENT

For an additional amount for capital expenditures eligible under section 147 of title 

23, United States Code, $60,000,000: Provided, 

That the Secretary of Transportation shall 

distribute funds provided under this heading 

as discretionary grants to States, with the 

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S10594 CONGRESSIONAL RECORD — SENATE November 17, 2008 

highest priority given to those projects that 

demonstrate to his or her satisfaction their 

ability to obligate these funds within 180 

days of the date of such distribution: Provided further, That the Federal share payable 

of the costs for which a grant is made under 

this heading shall be 100 percent: Provided 

further, That the amount made available 

under this heading shall not be subject to 

any limitation on obligations for the Federal-aid highways or highway safety construction programs set forth in any Act: Provided further, That projects conducted using 

funds provided under this heading must comply with the requirements of subchapter IV 

of chapter 31 of title 40, United States Code. 

FEDERAL RAILROAD ADMINISTRATION

SUPPLEMENTAL GRANTS TO STATES FOR

INTERCITY PASSENGER RAIL SERVICE

For an additional amount for grants to 

States to pay for the cost of projects described in paragraph (2)(A) and (2)(B) of section 24401 and subsection (b) of section 24105 

of title 49, United States Code, $100,000,000: 

Provided, That to be eligible for assistance 

under this paragraph, the specific project 

must be on the Statewide Transportation 

Improvement Plan at the time of the application to qualify: Provided further, That the 

Secretary of Transportation shall give priority to projects that demonstrate an ability 

to obligate funds within 180 days of the date 

of enactment of this Act and to projects that 

improve the safety and reliability of intercity passenger trains: Provided further, That 

the Federal share payable of the costs for 

which a grant is made under this heading 

shall be 100 percent: Provided further, That 

projects conducted using funds provided 

under this heading must comply with the requirements of subchapter IV of chapter 31 of 

title 40, United States Code. 

SUPPLEMENTAL CAPITAL GRANTS TO THE

NATIONAL RAILROAD PASSENGER CORPORATION

For an additional amount for the immediate investment in capital projects necessary to maintain and improve national 

intercity passenger rail service, $400,000,000: 

Provided, That funds made available under 

this heading shall be allocated directly to 

the corporation for the purpose of immediate 

investment in capital projects including the 

rehabilitation of rolling stock for the purpose of expanding passenger rail capacity: 

Provided further, that the Board of Directors 

shall take measures to ensure that funds 

provided under this heading shall be obligated within 180 days of the enactment of 

this Act and shall serve to supplement and 

not supplant planned expenditures for such 

activities from other Federal, State, local 

and corporate sources: Provided further, That 

said Board of Directors shall certify to the 

House and Senate Committees on Appropriations in writing their compliance with the 

preceding proviso: Provided further, That not 

more than 50 percent of the funds provided 

under this heading may be used for capital 

projects along the Northeast Corridor. 

FEDERAL TRANSIT ADMINISTRATION

SUPPLEMENTAL DISCRETIONARY GRANTS FOR

PUBLIC TRANSIT INVESTMENT

For an additional amount for capital expenditures authorized under section 

5302(a)(1) of title 49, United States Code, 

$2,500,000,000: Provided, That the Secretary of 

Transportation shall apportion funds provided under this heading based on the formula set forth in subsections (a) through (c) 

of section 5336 of title 49, United States Code: 

Provided further, That the Secretary shall 

take such measures necessary to ensure that 

the minimum amount of funding distributed 

under this heading to any individual transit 

authority shall not be less than $100,000: Provided further, That the Secretary of Transportation shall institute measures to ensure 

that funds provided under this heading shall 

be obligated within 180 days of the date of 

their apportionment: Provided further, That 

180 days following the date of such apportionment, the Secretary shall withdraw and 

redistribute any unobligated funds utilizing 

whatever method he or she deems appropriate to ensure that all funds provided 

under this paragraph shall be obligated 

promptly: Provided further, That the Secretary of Transportation shall make such 

funds available to pay for operating expenses 

to the extent that a transit authority demonstrates to his or her satisfaction that such 

funds are necessary to continue current services or expand such services to meet increased ridership: Provided further, That the 

Federal share of the costs for which a grant 

is made under this heading shall be 100 percent: Provided further, That the amount made 

available under this heading shall not be 

subject to any limitation on obligations for 

transit programs set forth in any Act: Provided further, That the funds appropriated 

under this heading shall be subject to section 

5333(a) of title 49, United States Code but 

shall not be comingled with funds available 

under the Formula and Bus Grants account. 

MARITIME ADMINISTRATION

SUPPLEMENTAL GRANTS FOR ASSISTANCE TO

SMALL SHIPYARDS

For an additional amount to make grants 

to qualified shipyards as authorized under 

section 3506 of Public Law 109–163 or section 

54101 of title 46, United States Code, 

$60,000,000: Provided, That the Secretary of 

Transportation shall institute measures to 

ensure that funds provided under this heading shall be obligated within 180 days of the 

date of their distribution. 

DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

SUPPLEMENTAL GRANTS TO PUBLIC HOUSING

AGENCIES FOR CAPITAL NEEDS

For an additional amount for discretionary 

grants to public housing agencies for capital 

expenditures permitted under section 9(d)(1) 

of the United States Housing Act of 1937, as 

amended, $700,000,000: Provided, That in allocating discretionary grants under this paragraph, the Secretary of Housing and Urban 

Development shall give priority consideration to housing agencies that have projects 

that are ready-to-go, as well as projects resulting in the rehabilitation of vacant rental 

units or improved energy efficiency: Provided 

further, That the Secretary may also give 

priority to projects that require additional 

capital to complete development transactions stalled by changes in the low-income 

housing tax credit and housing bond markets: Provided further, That the Secretary 

shall not provide any additional priority to 

any housing agency that is under the receivership of the Department and no housing 

agency shall receive more than 5 percent of 

the total amount provided: Provided further, 

That notwithstanding any other provision of 

law, the Secretary shall institute measures 

to ensure that funds provided under this 

paragraph shall be obligated within 180 days 

of the date of enactment of this Act and 

shall serve to supplement and not supplant 

expenditures from other Federal, State, or 

local sources: Provided further, That in administering funds provided in this paragraph, the Secretary may waive any provision of any statute or regulation that the 

Secretary administers in connection with 

the obligation by the Secretary or the use by 

the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such waiver 

is required to facilitate the timely use of 

such funds. 

SUPPLEMENTAL GRANTS TO PUBLIC HOUSING

AGENCIES FOR EXTRAORDINARY ENERGY COSTS

For an additional amount for discretionary 

grants to public housing agencies for operating expenses permitted under section 9(e) 

of the United States Housing Act of 1937 (42 

U.S.C. 1437g(e)), $200,000,000: Provided, That 

funding provided under this heading shall be 

used to cover extraordinary energy costs: 

Provided further, That to be eligible for such 

grants, public housing agencies must demonstrate to the satisfaction of the Secretary 

a significant increase in energy costs associated with operating and maintaining public 

housing: Provided further, That notwithstanding any other provision of law, the Secretary shall institute measures to ensure 

that funds provided under this paragraph 

shall be allocated to those public housing 

agencies most in need of such assistance and 

that such funds shall be obligated within 180 

days of the date of enactment of this Act: 

Provided further, That in administering funds 

provided in this paragraph, the Secretary 

may waive any provision of any statute or 

regulation that the Secretary administers in 

connection with the obligation by the Secretary or the use by the recipient of these 

funds (except for requirements related to fair 

housing, nondiscrimination, labor standards 

and the environment), upon a finding that 

such a waiver is required to facilitate the 

timely use of such funds. 

HOUSING ASSISTANCE FOR TENANTS DISPLACED

BY FORECLOSURE

For an additional amount to provide relocation and temporary housing assistance to 

individuals and families that rent dwelling 

units that have been foreclosed upon, or are 

in default and where foreclosure is imminent, $575,000,000: Provided, That the Secretary of Housing and Urban Development 

shall establish a formula to allocate 

amounts made available under this heading 

to 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)): Provided 

further, That in developing the formula, the 

Secretary shall consider areas with the 

greatest need based on the number and percentage of rental properties in default or delinquency and the greatest number and percentage of rental properties in foreclosure: 

Provided further, That grantees shall demonstrate their ability to coordinate with 

local Continuums of Care and their ability to 

serve tenants who are least likely to obtain 

stable, affordable housing upon eviction, including families with children: Provided further, That funding made available under this 

heading may be used for temporary rental 

assistance, first and last month’s rent, security deposit, case management services, or 

other appropriate services necessary to assist eligible individuals or families in finding 

safe and affordable permanent housing: Provided further, That the Secretary shall provide notice of the availability of funding provided under this heading within 60 days of 

the enactment of this Act. 

FEDERAL HOUSING ADMINISTRATION

INFORMATION TECHNOLOGY

For an additional amount to maintain, 

modernize and improve technology systems 

and infrastructure for the Federal Housing 

Administration, $36,093,000: Provided, That 

these funds shall serve to supplement and 

not supplant planned expenditures for the 

Federal Housing Administration for information technology maintenance and development funding provided through the Departmental Working Capital Fund. 

SALARIES AND EXPENSES

For an additional amount for salaries and 

expenses for the Federal Housing Administration, $15,000,000: Provided, That of the 

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November 17, 2008 CONGRESSIONAL RECORD — SENATE S10595 

total amount provided under this paragraph, 

not less than $13,000,000 shall be made available under the heading ‘‘Housing Personnel 

Compensation and Benefits’’ and up to 

$2,000,000 shall be made available under the 

heading ‘‘Management and Administration, 

Administration, Operations and Management’’: Provided further, That with funding 

provided under this paragraph, the Federal 

Housing Administration Commissioner is 

hereby authorized to take such actions and 

perform such functions as necessary regarding the hiring of personnel for performing 

functions of the Federal Housing Administration within the Office of Housing. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 1901. Section 5309(g)(4)(A) of title 49, 

United States Code, is amended by striking 

‘‘or an amount equivalent to the last 3 fiscal 

years of funding allocated under subsections 

(m)(1)(A) and (m)(2)(A)(ii)’’ and inserting ‘‘or 

the sum of the funds available for the next 

three fiscal years beyond the current fiscal 

year, assuming an annual growth of the program of 10 percent’’. 

SEC. 1902. No funds provided in this Act or 

any other Act may be used by the Secretary 

of Transportation to take any action regarding airline operations at any United States 

commercial airport that involves: 

(1) auction, sale, lease, or the imposition of 

any charge or fee, by the Secretary or the 

Federal Aviation Administrator, for rights, 

authorization or permission by them to conduct flight operations at, or in the navigable 

airspace of, any such airport; 

(2) implementing or facilitating any such 

auction, sale or lease, or the imposition of 

any such charge or fee by the Secretary or 

the Administrator initiated prior to enactment of this Act; or 

(3) the withdrawal or involuntary transfer 

by the Secretary or Administrator of rights, 

authorizations or permissions to operate at, 

or in the navigable airspace of, any such airport for the purpose of the auction, sale or 

lease of such rights, authorizations or permissions, or the imposition by the Secretary 

or Administrator of any charge or fee for 

such rights, authorization or permission. 

SEC. 1903. (a) SURVEY.—Not later than 60 

days after the date of enactment of this Act, 

the Secretary of Commerce shall conduct a 

survey to estimate, for any area for which 

the President declared a major disaster (as 

defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) during 2008, the 

total economic output lost, Federal assistance provided, and economic revitalization 

funds needed to recover from the major disaster. The Secretary of Commerce shall provide information obtained from the survey 

under this paragraph to the Governors of affected States and the Secretary of Housing 

and Urban Development. 

(b) FUNDS.—The Secretary of Housing and 

Urban Development shall use information 

provided under subsection (a) in allocating 

funds provided under the heading ‘‘Community Planning and Development, Community 

Development Fund’’ in Public Law 110–329. 

TITLE II—NUTRITION PROGRAMS FOR 

ECONOMIC STIMULUS 

SEC. 2001. NUTRITION PROGRAMS FOR ECONOMIC STIMULUS. 

(a) MAXIMUM BENEFIT INCREASE.— 

(1) IN GENERAL.—Beginning with the first 

month that begins not less than 25 days after 

the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the ‘‘Secretary’’) shall increase the 

cost of the thrifty food plan for purposes of 

section 8(a) of the Food and Nutrition Act of 

2008 (7 U.S.C. 2017(a)) by 10 percent. 

(2) TERMINATION OF EFFECTIVENESS.—The 

authority provided by this subsection terminates and has no effect, effective on October 

1, 2009. 

(b) REQUIREMENTS FOR THE SECRETARY.—In 

carrying out this section, the Secretary 

shall— 

(1) consider the benefit increase described 

in subsection (a) to be a ‘‘mass change’’; 

(2) require a simple process for States to 

notify households of the increase in benefits; 

(3) consider section 16(c)(3)(A) of the Food 

and Nutrition Act of 2008 (7 U.S.C. 

2025(c)(3)(A)) to apply to any errors in the 

implementation of this section, without regard to the 120-day limit described in that 

section; and 

(4) disregard the value of benefits resulting 

from this section in any required calculations or estimates of benefits if the Secretary determines it is necessary to ensure 

efficient administration of programs authorized under the Food and Nutrition Act of 2008 

(7 U.S.C. 2011 et seq.) or other Federal programs. 

(c) STATE ADMINISTRATIVE EXPENSES.— 

(1) IN GENERAL.—For the costs of State administrative expenses associated with carrying out this section, the Secretary shall 

make available $50,000,000, to remain available until expended. 

(2) AVAILABILITY OF FUNDS.—Funds described in paragraph (1) shall be made available to State agencies based on each State’s 

share of households that participate in the 

supplemental nutrition assistance program 

established under the Food and Nutrition 

Act of 2008 (7 U.S.C. 2011 et seq.). 

(3) CONSOLIDATED BLOCK GRANTS FOR PUERTO RICO AND AMERICAN SAMOA.—For fiscal 

year 2009, the Secretary shall increase by 10 

percent the amount available for nutrition 

assistance for eligible households under the 

consolidated block grants for Puerto Rico 

and American Samoa under section 19 of the 

Food and Nutrition Act of 2008 (7 U.S.C. 

2028). 

(d) FUNDING.—There are hereby appropriated to the Secretary such sums as are 

necessary to carry out this section, to remain available until September 30, 2010. 

TITLE III—STATE FISCAL RELIEF 

SEC. 3001. TEMPORARY INCREASE OF MEDICAID 

FMAP. 

(a) PERMITTING MAINTENANCE OF FISCAL

YEAR 2008 FMAP FOR FISCAL YEAR 2009.—Subject to subsections (d), (e), and (f), if the 

FMAP determined without regard to this 

section for a State for fiscal year 2009 is less 

than the FMAP as so determined for fiscal 

year 2008, the FMAP for the State for fiscal 

year 2008 shall be substituted for the State’s 

FMAP for fiscal year 2009, before the application of this section. 

(b) PERMITTING MAINTENANCE OF FISCAL

YEAR 2009 FMAP FOR FIRST QUARTER OF FISCAL YEAR 2010.—Subject to subsections (d), 

(e), and (f), if the FMAP determined without 

regard to this section for a State for fiscal 

year 2010 is less than the FMAP as so determined for fiscal year 2009, the FMAP for the 

State for fiscal year 2009 shall be substituted 

for the State’s FMAP for the first calendar 

quarter of fiscal year 2010, before the application of this section. 

(c) GENERAL 8 PERCENTAGE POINTS INCREASE FOR FISCAL YEAR 2009 AND FIRST CALENDAR QUARTER OF FISCAL YEAR 2010.— 

(1) IN GENERAL.—Subject to subsections (d), 

(e), and (f), for each State for fiscal year 2009 

and for the first calendar quarter of fiscal 

year 2010, the FMAP (taking into account 

the application of subsections (a) and (b)) 

shall be increased by 8.0 percentage points. 

(2) INCREASE IN CAP ON MEDICAID PAYMENTS

TO TERRITORIES.—Subject to subsections (e) 

and (f), with respect to fiscal year 2009 and 

the first calendar quarter of fiscal year 2010, 

the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the 

Northern Mariana Islands, and American 

Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 

U.S.C. 1308) shall each be increased by an 

amount equal to 8.0 percent of such amounts. 

(d) SCOPE OF APPLICATION.—The increases 

in the FMAP for a State under this section 

shall apply only for purposes of title XIX of 

the Social Security Act and shall not apply 

with respect to— 

(1) disproportionate share hospital payments described in section 1923 of such Act 

(42 U.S.C. 1396r–4); 

(2) payments under title IV or XXI of such 

Act (42 U.S.C. 601 et seq. and 1397aa et seq.); 

or 

(3) any payments under title XIX of such 

Act that are based on the enhanced FMAP 

described in section 2105(b) of such Act (42 

U.S.C. 1397ee(b)). 

(e) STATE INELIGIBILITY.— 

(1) IN GENERAL.—Subject to paragraph (2), a 

State is not eligible for an increase in its 

FMAP under subsection (c)(1), or an increase 

in a cap amount under subsection (c)(2), if 

the eligibility under its State plan under 

title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) is more 

restrictive than the eligibility under such 

plan (or waiver) as in effect on September 1, 

2008. 

(2) STATE REINSTATEMENT OF ELIGIBILITY

PERMITTED.—A State that has restricted eligibility under its State plan under title XIX 

of the Social Security Act (including any 

waiver under such title or under section 1115 

of such Act (42 U.S.C. 1315)) after September 

1, 2008, is no longer ineligible under paragraph (1) beginning with the first calendar 

quarter in which the State has reinstated 

eligibility that is no more restrictive than 

the eligibility under such plan (or waiver) as 

in effect on September 1, 2008. 

(3) RULE OF CONSTRUCTION.—Nothing in 

paragraph (1) or (2) shall be construed as affecting a State’s flexibility with respect to 

benefits offered under the State Medicaid 

program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including 

any waiver under such title or under section 

1115 of such Act (42 U.S.C. 1315)). 

(f) REQUIREMENTS.— 

(1) IN GENERAL.—A State may not use the 

additional Federal funds paid to the State as 

a result of this section for purposes of increasing any reserve or rainy day fund maintained by the State. 

(2) ADDITIONAL REQUIREMENT FOR CERTAIN

STATES.—In the case of a State that requires 

political subdivisions within the State to 

contribute toward the non-Federal share of 

expenditures under the State Medicaid plan 

required under section 1902(a)(2) of the Social 

Security Act (42 U.S.C. 1396a(a)(2)), the State 

is not eligible for an increase in its FMAP 

under subsection (c)(1), or an increase in a 

cap amount under subsection (c)(2), if it requires that such political subdivisions pay a 

greater percentage of the non-Federal share 

of such expenditures for fiscal year 2009, and 

the first calendar quarter of fiscal year 2010, 

than the percentage that would have been required by the State under such plan on September 1, 2008, prior to application of this 

section. 

(g) DEFINITIONS.—In this section: 

(1) FMAP.—The term ‘‘FMAP’’ means the 

Federal medical assistance percentage, as 

defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). 

(2) STATE.—The term ‘‘State’’ has the 

meaning given such term for purposes of 

title XIX of the Social Security Act (42 

U.S.C. 1396 et seq.). 

(h) REPEAL.—Effective as of January 1, 

2010, this section is repealed. 

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SEC. 3002. TEMPORARY REINSTATEMENT OF AUTHORITY TO PROVIDE FEDERAL 

MATCHING PAYMENTS FOR STATE 

SPENDING OF CHILD SUPPORT INCENTIVE PAYMENTS. 

During the period that begins on October 1, 

2008, and ends on September 30, 2010, section 

455(a)(1) of the Social Security Act (42 U.S.C. 

655(a)(1)) shall be applied without regard to 

the amendment made by section 7309(a) of 

the Deficit Reduction Act of 2005 (Public 

Law 109–171, 120 Stat. 147). 

TITLE IV—UNEMPLOYMENT INSURANCE 

SEC. 4001. EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. 

(a) ADDITIONAL FIRST-TIER BENEFITS.—Section 4002(b)(1) of the Supplemental Appropriations Act, 2008 (26 U.S.C. 3304 note) is 

amended— 

(1) in subparagraph (A), by striking ‘‘50’’ 

and inserting ‘‘80’’; and 

(2) in subparagraph (B), by striking ‘‘13’’ 

and inserting ‘‘20’’. 

(b) SECOND-TIER BENEFITS.—Section 4002 of 

the Supplemental Appropriations Act, 2008 

(26 U.S.C. 3304 note) is amended by adding at 

the end the following: 

‘‘(c) SPECIAL RULE.— 

‘‘(1) IN GENERAL.—If, at the time that the 

amount established in an individual’s account under subsection (b)(1) is exhausted or 

at any time thereafter, such individual’s 

State is in an extended benefit period (as determined under paragraph (2)), such account 

shall be augmented by an amount equal to 

the lesser of— 

‘‘(A) 50 percent of the total amount of regular compensation (including dependents’ allowances) payable to the individual during 

the individual’s benefit year under the State 

law, or 

‘‘(B) 13 times the individual’s average 

weekly benefit amount (as determined under 

subsection (b)(2)) for the benefit year. 

‘‘(2) EXTENDED BENEFIT PERIOD.—For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, 

as of any given time, if— 

‘‘(A) such a period is then in effect for such 

State under the Federal-State Extended Unemployment Compensation Act of 1970; 

‘‘(B) such a period would then be in effect 

for such State under such Act if section 

203(d) of such Act— 

‘‘(i) were applied by substituting ‘4’ for ‘5’ 

each place it appears; and 

‘‘(ii) did not include the requirement under 

paragraph (1)(A) thereof; or 

‘‘(C) such a period would then be in effect 

for such State under such Act if— 

‘‘(i) section 203(f) of such Act were applied 

to such State (regardless of whether the 

State by law had provided for such application); and 

‘‘(ii) such section 203(f)— 

‘‘(I) were applied by substituting ‘6.0’ for 

‘6.5’ in paragraph (1)(A)(i) thereof; and 

‘‘(II) did not include the requirement under 

paragraph (1)(A)(ii) thereof. 

‘‘(3) LIMITATION.—The account of an individual may be augmented not more than 

once under this subsection.’’. 

(c) PHASEOUT PROVISIONS.—Section 4007(b) 

of the Supplemental Appropriations Act, 2008 

(26 U.S.C. 3304 note) is amended— 

(1) in paragraph (1), by striking ‘‘paragraph 

(2),’’ and inserting ‘‘paragraphs (2) and (3),’’; 

and 

(2) by striking paragraph (2) and inserting 

the following: 

‘‘(2) NO AUGMENTATION AFTER MARCH 31, 

2009.—If the amount established in an individual’s account under subsection (b)(1) is exhausted after March 31, 2009, then section 

4002(c) shall not apply and such account shall 

not be augmented under such section, regardless of whether such individual’s State is 

in an extended benefit period (as determined 

under paragraph (2) of such section). 

‘‘(3) TERMINATION.—No compensation under 

this title shall be payable for any week beginning after November 27, 2009.’’. 

(d) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by 

this section shall apply as if included in the 

enactment of the Supplemental Appropriations Act, 2008, subject to paragraph (2). 

(2) ADDITIONAL BENEFITS.—In applying the 

amendments made by subsections (a) and (b), 

any additional emergency unemployment 

compensation made payable by such amendments (which would not otherwise have been 

payable if such amendments had not been enacted) shall be payable only with respect to 

any week of unemployment beginning on or 

after the date of the enactment of this Act. 

SEC. 4002. TEMPORARY FEDERAL MATCHING FOR 

THE FIRST WEEK OF EXTENDED 

BENEFITS FOR STATES WITH NO 

WAITING WEEK. 

With respect to weeks of unemployment 

beginning after the date of enactment of this 

Act and ending on or before December 8, 2009, 

subparagraph (B) of section 204(a)(2) of the 

Federal-State Extended Unemployment 

Compensation Act of 1970 (26 U.S.C. 3304 

note) shall not apply. 

TITLE V—NATIONAL PARK CENTENNIAL 

FUND ACT 

SECTION 5001. SHORT TITLE. 

This Act may be cited as the ‘‘National 

Park Centennial Fund Act’’. 

SEC. 5002. DEFINITIONS. 

In this Act: 

(1) FUND.—The term ‘‘Fund’’ means the National Park Centennial Fund established 

under section 5003. 

(2) IN-KIND.—The term ‘‘in-kind’’ means the 

fair market value of non-cash contributions 

provided by non-Federal partners, which 

may be in the form of real property, equipment, supplies and other expendable property, as well as other goods and services. 

(3) PROJECT OR PROGRAM.—The term 

‘‘Project or program’’ means a National 

Park Centennial Project or Program funded 

pursuant to this Act. 

(4) PROPOSAL.—The term ‘‘Proposal’’ 

means a National Park Centennial Proposal 

submitted pursuant to section 5004. 

(5) SECRETARY.—The term ‘‘Secretary’’ 

means the Secretary of the Interior. 

SEC. 5003. NATIONAL PARK CENTENNIAL FUND. 

(a) IN GENERAL.—There is established in 

the Treasury of the United States a fund 

which shall be known as the ‘‘National Park 

Centennial Fund’’. In each of fiscal years 

2009 through 2018, the Secretary of the Treasury shall deposit into the Fund the following: 

(1) Cash donations received by the National 

Park Service in support of projects or programs authorized by this Act. 

(2) From the General Fund, an amount 

equivalent to— 

(A) the amount described in paragraph (1), 

excluding donations pledged through a letter 

of credit in a prior year; and 

(B) the amount of donations pledged 

through letters of credit in the same fiscal 

year. 

(b) LIMITATION ON AMOUNT.—The total 

amount of deposits from the General Fund 

under subsection (a)(2) shall not exceed, in 

the aggregate, $1,000,000,000 for fiscal years 

2009 through 2018. 

SEC. 5004. PROGRAM ALLOCATION. 

(a) IN GENERAL.—Each fiscal year, the 

President’s annual budget submission for the 

Department of the Interior shall include a 

list of proposals which shall be known as National Park Centennial Proposals. The Secretary shall establish a standard process for 

developing the list that shall encourage 

input from both the public and a broad crosssection of employees at every level of the 

National Park Service. The list— 

(1) shall include proposals having an aggregate cost to the Federal Government equal 

to the unobligated amount in the Fund; 

(2) shall include only proposals consistent 

with National Park Service policies and 

adopted park planning documents; 

(3) may include proposals for any area 

within the national park system (as that 

term is defined in section 2 of the Act of August 8, 1953 (16 U.S.C. 1c)), clusters of areas 

within such system, a region or regions of 

such system, or such system in its entirety; 

(4) shall cumulatively represent a nationwide array of proposals that is diverse geographically, in size, scope, magnitude, 

theme, and variety under the initiatives described in subsection (b); 

(5) shall give priority to proposals demonstrating long-term viability beyond receipts from the Fund; 

(6) shall include only proposals meeting 

the requirements of one or more of the initiatives set forth in subsection (b); 

(7) should contain proposals under each of 

the initiatives set forth in subsection (b); 

and 

(8) shall give priority to proposals with 

committed, non-Federal support but shall 

also include proposals funded entirely by the 

Fund. 

(b) NATIONAL PARK CENTENNIAL INITIATIVES.—The requirements referred to in subsection (a)(6) are as follows: 

(1) EDUCATION IN PARKS CENTENNIAL INITIATIVE.—Proposals for the ‘‘Education in Parks 

Centennial Initiative’’ shall meet the following requirements: 

(A) Priority shall be given to proposals designed to increase National Park-based educational opportunities for elementary, secondary and college students particularly 

those from populations historically under 

represented among visitors to the National 

Park System. 

(B) Priority shall be given to proposals designed to bring students into the National 

Park System in person. 

(C) Proposals should include strategies for 

encouraging young people to become lifelong 

advocates for National Parks. 

(D) Proposals shall be developed in consultation with the leadership of educational 

and youth organizations expected to participate in the proposed initiative. 

(2) DIVERSITY IN PARKS CENTENNIAL INITIATIVE.— 

(A) STUDY.—Not later than 1 year after the 

date of the enactment of this Act, the Secretary shall submit to the Committee on 

Natural Resources of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate a report 

detailing a service-wide strategy for increasing diversity among National Park Service 

employees at all levels and visitors to the 

National Park System. 

(B) PROPOSALS.—Proposals for the ‘‘Diversity in Parks Centennial Initiative’’ shall 

meet the following requirements: 

(i) Each proposal shall be based on recommendations contained in the report required in subparagraph (A). 

(ii) Each proposal shall be designed to 

make National Park Service employees, visitors to the National Park System, or both, 

reflect the diversity of the population of the 

United States. 

(3) SUPPORTING PARK PROFESSIONALS CENTENNIAL INITIATIVE.—Proposals for the ‘‘Supporting Park Professionals Centennial Initiative’’ shall meet the following requirements: 

(A) Taken as a whole, proposals shall provide specific opportunities for National Park 

Service employees, at all levels, to participate in professional career development. 

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November 17, 2008 CONGRESSIONAL RECORD — SENATE S10597 

(B) Proposals may include National Park 

Service-designed, internal professional development programs. 

(C) Proposals may also be designed to facilitate participation in external professional development programs or established 

courses of study by National Park Service 

employees. 

(4) ENVIRONMENTAL LEADERSHIP CENTENNIAL

INITIATIVE.—Proposals for the ‘‘Environmental Leadership Centennial Initiative’’ 

shall meet the following requirements: 

(A) Each proposal shall be designed to do 

one or more of the following: 

(i) Reduce harmful emissions. 

(ii) Conserve energy or water resources. 

(iii) Reduce solid waste production within 

the National Park System. 

(B) Each proposal shall include strategies 

for educating the public regarding Environmental Leadership projects and their results. 

(C) Priority shall be given to proposals 

with the potential to spread technological 

advances to other Federal agencies or to the 

private sector. 

(5) NATURAL RESOURCE PROTECTION CENTENNIAL INITIATIVE.—Proposals for the ‘‘Natural 

Resource Protection Centennial Initiative’’ 

shall meet the following requirements: 

(A) Each proposal shall be designed to restore or conserve native ecosystems within 

the National Park System. 

(B) Priority shall be given to proposals designed to control invasive species. 

(C) Each proposal shall be based on the 

best available scientific information. 

(6) CULTURAL RESOURCE PROTECTION CENTENNIAL INITIATIVE.—Proposals for the ‘‘Cultural Resource Protection Centennial Initiative’’ shall— 

(A) either— 

(i) increase the National Park Service’s 

knowledge of cultural resources located 

within the National Park System through 

means including, but not limited to, surveys, 

studies, mapping, and documentation of such 

resources; or 

(ii) improve the condition of documented 

cultural resources within the National Park 

System; 

(B) incorporate the best available scientific information; and 

(C) where appropriate, be developed in consultation with Native American tribes, State 

historic preservation offices, or other organizations with cultural resource preservation 

expertise. 

(7) HEALTH AND FITNESS IN PARKS CENTENNIAL INITIATIVE.— 

(A) IN GENERAL.—Proposals for the ‘‘Health 

and Fitness in Parks Centennial Initiative’’ 

shall fall into one or more of the following 

four categories: 

(i) Proposals designed to repair, rehabilitate, or otherwise improve infrastructure, 

including trails, that facilitates healthy outdoor activity within the National Park System. 

(ii) Proposals designed to expand opportunities for access to the National Park System for visitors with disabilities. 

(iii) Proposals to develop and implement 

management plans (such as climbing plans 

and trail system plans) for activities designed to increase the health and fitness of 

visitors to the National Park System. 

(iv) Proposals to develop outreach programs and media that provide public information regarding health and fitness opportunities within the National Park System. 

(B) MISCELLANEOUS REQUIREMENTS.—All 

proposals for ‘‘the Health and Fitness in 

Parks Centennial Initiative’’ shall— 

(i) be consistent with National Park Service policies and adopted park planning documents; and 

(ii) be designed to provide for visitor enjoyment in such a way as to leave the National 

Park System unimpaired for future generations. 

(c) FUNDING.—In each of fiscal years 2009 

through 2018, unobligated amounts in the 

Fund shall be available without further appropriation for projects authorized by this 

Act, but may not be obligated or expended 

until 120 days after the annual submission of 

the list of proposals required under this section to allow for Congressional review. 

(d) LIMITATION ON DISTRIBUTION OF

FUNDS.—No more than 50 percent of amounts 

available from the Fund for any fiscal year 

may be spent on projects that are for the 

construction of facilities that cost in excess 

of $5,000,000. 

SEC. 5005. PARTNERSHIPS. 

(a) DONATIONS.—The Secretary may actively encourage and facilitate participation 

in proposals from non-Federal and philanthropic partners, and may accept donations, 

both monetary and in-kind for any Project 

or Program pursuant to section 1 of the Act 

of June 5, 1920 (16 U.S.C. 6), and other authorities to accept donations existing on the 

date of enactment of this Act. 

(b) TERMS AND CONDITIONS.—To the extent 

that private organizations or individuals are 

to participate in or contribute to any 

Project or Program, the terms and conditions of that participation or contribution as 

well as all actions of employees of the National Park Service, shall be governed by National Park Service Directors Order #21, 

‘‘Donations and Fundraising’’, as in force on 

the date of the enactment of this Act. 

SEC. 5006. MAINTENANCE OF EFFORT. 

Amounts made available from the Fund 

shall supplement rather than replace annual 

expenditures by the National Park Service, 

including authorized expenditures from the 

Land and Water Conservation Fund and the 

National Park Service Line Item Construction Program. The National Park Service 

shall maintain adequate, permanent staffing 

levels and permanent staff shall not be replaced with nonpermanent employees hired 

to carry out this Act or Projects or Programs carried out with funds provided under 

this Act. 

SEC. 5007. REPORTS. 

For each fiscal year beginning in fiscal 

year 2009, the Secretary shall submit to Congress a report that includes the following: 

(1) A detailed accounting of all expenditures from the Fund divided by categories of 

proposals under section 4(b), including a detailed accounting of any private contributions, either in funds or in kind, to any 

Project or Program. 

(2) A cumulative summary of the results of 

the National Park Centennial program including recommendations for revisions to 

the program. 

(3) A statement of whether the National 

Park Service has maintained adequate, permanent staffing levels and what nonpermanent and permanent staff have been hired to 

carry out this Act or Projects or Programs 

carried out with funds provided under this 

Act. 

TITLE VI—AUTOMOTIVE INDUSTRY 

ASSISTANCE 

SECTION 6001. DIRECT LOAN PROVISIONS. 

(a) IN GENERAL.—The Emergency Economic Stabilization Act of 2008 (division A of 

Public Law 110–343) is amended by adding at 

the end the following: 

‘‘TITLE IV—DIRECT BRIDGE LOAN 

PROVISIONS 

‘‘SEC. 401. FINDINGS. 

‘‘Congress finds that extraordinary and exigent circumstances have prevented the 

automobile industry from securing essential 

credit and liquidity from other sources and 

that the failure of the automobile industry 

to obtain such credit and liquidity will have 

a systemic adverse effect on the economy. 

‘‘SEC. 402. PURPOSES. 

‘‘The purposes of this title are— 

‘‘(1) to clarify that authority and facilities 

are available to be used immediately by the 

Secretary to restore liquidity and stability 

to the automobile industry in the United 

States; 

‘‘(2) to ensure that such authority and such 

facilities are used in a manner that— 

‘‘(A) stimulates manufacturing and sales of 

automobiles produced by automobile manufacturers in the United States; 

‘‘(B) enhances the ability and the capacity 

of the domestic automobile industry to pursue the timely and aggressive production of 

energy-efficient advanced technology vehicles; 

‘‘(C) preserves and promotes the jobs of 

355,000 workers in the United States directly 

employed by the automobile industry and an 

additional 4,500,000 workers in the United 

States employed in related industries; and 

‘‘(D) safeguards the ability of the domestic 

automobile industry to provide retirement 

and health care benefits for 1,000,000 retirees 

and their spouses and dependents; and 

‘‘(3) to reaffirm the purposes of section 2, 

which include providing the Secretary with 

broad authority to restore liquidity and stability to financial institutions, including 

automobile finance companies. 

‘‘SEC. 403. EMERGENCY DIRECT LOAN PROGRAM. 

‘‘(a) IN GENERAL.—The Secretary shall 

make loans in an aggregate amount equal to 

$25,000,000,000, to any automobile manufacturer or component supplier that has— 

‘‘(1) submitted an application for a loan 

under this title that includes a statement of 

need for Government funding under this title 

to prevent a systemic adverse effect on the 

United States economy; 

‘‘(2) operated 2 or more manufacturing facilities for the purposes of producing automobiles or automobile components in the 

United States throughout the 25-year period 

ending on the date of enactment of this title; 

and 

‘‘(3) operations in the United States the 

failure of which would have a systemic adverse effect on the overall United States 

economy, as determined by the Secretary. 

‘‘(b) ALLOCATION.—In allocating loan 

amounts under this title, the Secretary shall 

prioritize applications based on the magnitude of the impact of the manufacturing 

operations of the applicant in the United 

States on the overall economy of the United 

States and other segments of the automobile 

industry, including the impact on levels of 

employment, domestic manufacturing of 

automobiles and automobile components, 

and automobile dealerships. 

‘‘(c) PLAN FOR LONG-TERM FINANCIAL VIABILITY.—At the time of application for a loan 

under this title, an automobile manufacturer 

or component supplier shall submit to the 

Secretary a detailed plan on how the Government funds requested will be utilized to ensure the long-term financial posture of the 

company, and how such funds will stimulate 

automobile production in the United States 

and improve the capacity of the company to 

pursue the timely and aggressive production 

of energy-efficient advanced technology vehicles. 

‘‘(d) AUTHORITY TO ISSUE STOCK.—At the 

discretion of the Secretary, the automobile 

manufacturer or component supplier may 

issue preferred stock in lieu of a loan, on 

analogous terms and conditions as those described for loans under this title. 

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S10598 CONGRESSIONAL RECORD — SENATE November 17, 2008 

‘‘SEC. 404. FUNDING FROM THIRD TRANCHE; 

TREATMENT OF LOAN AMOUNTS. 

‘‘The costs incurred by the Federal Government in making loans under this title, including credit subsidy costs and administrative expenses, shall be covered out of the 

funds made available to the Secretary generally under section 118 and, specifically, not 

from funds which are described in paragraph 

(1) or (2) of section 115(a), but with respect to 

the availability of which the reporting and 

procedural requirements contained in paragraph (3) of such section and section 115(c) 

shall not apply. 

‘‘SEC. 405. TIMING OF DISBURSEMENTS. 

‘‘(a) APPLICATIONS.—On and after the date 

that is 3 days after the date of enactment of 

this title, the Secretary shall accept applications for loans under this title. 

‘‘(b) DETERMINATION OF ELIGIBILITY.—Not 

later than 15 days after the date on which 

the Secretary receives an application for a 

loan under subsection (a), the Secretary 

shall make a determination regarding the 

eligibility of the applicant, based on whether 

the applicant meets the requirements of section 403(a). 

‘‘(c) DISBURSEMENT.—The Secretary shall 

begin disbursement of the proceeds of a loan 

under this title to an eligible applicant not 

later than 7 days after the date on which the 

Secretary receives a disbursal request from 

the applicant, upon a determination of the 

Secretary that the applicant is eligible 

under subsection (b). 

‘‘SEC. 406. TERMS AND CONDITIONS. 

‘‘(a) TERM TO MATURITY.—The term to maturity of any loan made under this title shall 

be 10 years, or such longer period as the Secretary may determine with respect to such 

loan. 

‘‘(b) RATE OF INTEREST.—The annual rate 

of interest for a loan under this title shall 

be— 

‘‘(1) 5 percent during the 5-year period beginning on the date on which the Secretary 

disburses the loan; and 

‘‘(2) 9 percent after the end of the period 

described in paragraph (1). 

‘‘(c) WARRANTS AND DEBT INSTRUMENTS.— 

The Secretary may not make a loan under 

this title unless the Secretary receives from 

the automobile manufacturer or component 

supplier a warrant or senior debt instrument 

made in accordance with the requirements 

for a warrant or senior debt instrument by a 

financial institution under section 113(d). 

‘‘(d) NO PREPAYMENT PENALTY.—A loan 

made under this title shall be prepayable 

without penalty at any time. 

‘‘(e) EXECUTIVE COMPENSATION.— 

‘‘(1) STANDARDS REQUIRED.—The Secretary 

shall require any recipient of a loan under 

this title to meet appropriate standards for 

executive compensation and corporate governance. 

‘‘(2) SPECIFIC REQUIREMENTS.—The standards established under paragraph (1) shall include the following: 

‘‘(A) Limits on compensation that exclude 

incentives for senior executive officers of a 

recipient of a loan under this title to take 

unnecessary and excessive risks that threaten the value of such recipient during the period that the loan is outstanding. 

‘‘(B) A provision for the recovery by such 

recipient of any bonus or incentive compensation paid to a senior executive officer 

based on statements of earnings, gains, or 

other criteria that are later found to be materially inaccurate. 

‘‘(C) A prohibition on such recipient making any golden parachute payment to a senior executive officer during the period that 

the loan under this title is outstanding. 

‘‘(D) A prohibition on such recipient paying or accruing any bonus or incentive compensation during the period that the loan is 

outstanding to any executive whose annual 

base compensation exceeds $250,000 (which 

amount shall be adjusted by the Secretary 

for inflation). 

‘‘(E) A prohibition on any compensation 

plan that could encourage manipulation of 

the reported earnings of the recipient to enhance the compensation of any of its employees. 

‘‘(3) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply: 

‘‘(A) SENIOR EXECUTIVE OFFICER.—The term 

‘senior executive officer’ means an individual who is 1 of the top 5 most highly paid 

executives of a public company, whose compensation is required to be disclosed pursuant to the Securities Exchange Act of 1934, 

and any regulations issued thereunder, and 

non-public company counterparts. 

‘‘(B) GOLDEN PARACHUTE PAYMENT.—The 

term ‘golden parachute payment’ means any 

payment to a senior executive officer for departure from a company for any reason. 

‘‘(f) PROHIBITION ON PAYMENT OF DIVIDENDS.—No common stock dividends may be 

paid by any recipient of a loan under this 

title for the duration of the loan. 

‘‘(g) OTHER INTERESTS SUBORDINATED.—Any 

obligation or liability of a recipient of a loan 

under this title to any person shall be subordinate to the liability and obligation of the 

recipient for such loan. 

‘‘SEC. 407. OVERSIGHT. 

‘‘(a) IN GENERAL.—The provisions of sections 105, 116, 121, and 125 shall apply with respect to any loans made under this title, to 

the extent possible, in the same manner and 

to the same extent as such sections apply to 

transactions made under the authority of 

title I.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) TABLE OF CONTENTS.—The table of contents in section 1(b) of the Emergency Economic Stabilization Act of 2008 (division A of 

Public Law 110–343) is amended— 

(A) by inserting after the item relating to 

section 3 the following new item: 

‘‘Sec. 4. References.’’ 

; and 

(B) by adding at the end the following: 

‘‘TITLE IV—DIRECT BRIDGE LOAN 

PROVISIONS 

‘‘Sec. 401. Findings. 

‘‘Sec. 402. Purposes. 

‘‘Sec. 403. Emergency direct loan program. 

‘‘Sec. 404. Funding from third tranche; 

treatment of loan amounts. 

‘‘Sec. 405. Timing of disbursements. 

‘‘Sec. 406. Terms and conditions. 

‘‘Sec. 407. Oversight.’’ 

; and 

(2) REFERENCES.—The Emergency Economic Stabilization Act of 2008 (division A of 

Public Law 110–343) is amended by inserting 

after section 3 the following new section: 

‘‘SEC. 4. REFERENCES. 

‘‘Any reference— 

‘‘(1) in this division to ‘this Act’ or any 

subdivision thereof is a reference to this division A or any subdivision thereof; 

‘‘(2) in division (B) to ‘this Act’ or any subdivision thereof is a reference to division B 

or any subdivision thereof; and 

‘‘(3) in division (C) to ‘this Act’ or any subdivision thereof is a reference to division C 

or any subdivision thereof.’’. 

TITLE VII—AUTO SALES TAX DEDUCTIONS 

SECTION 7001. ABOVE-THE-LINE DEDUCTION FOR 

INTEREST ON INDEBTEDNESS WITH 

RESPECT TO THE PURCHASE OF 

CERTAIN MOTOR VEHICLES. 

(a) IN GENERAL.—Paragraph (2) of section 

163(h) of the Internal Revenue Code of 1986 is 

amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (E), 

(2) by striking the period at the end of subparagraph (F) and inserting ‘‘, and’’, and 

(3) by adding at the end the following new 

subparagraph: 

‘‘(G) any qualified motor vehicle interest 

(within the meaning of paragraph (5).’’. 

(b) QUALIFIED MOTOR VEHICLE INTEREST.— 

Section 163(h) of the Internal Revenue Code 

of 1986 is amended by adding at the end the 

following new paragraph: 

‘‘(5) QUALIFIED MOTOR VEHICLE INTEREST.— 

For purposes of this subsection— 

‘‘(A) IN GENERAL.—The term ‘qualified 

motor vehicle interest’ means any interest 

which is paid or accrued during the taxable 

year on any indebtedness which— 

‘‘(i) is incurred after November 12, 2008, and 

before January 1, 2010, in acquiring any 

qualified motor vehicle of the taxpayer, and 

‘‘(ii) is secured by such qualified motor vehicle. 

Such term also includes any indebtedness secured by such qualified motor vehicle resulting from the refinancing of indebtedness 

meeting the requirements of the preceding 

sentence (or this sentence); but only to the 

extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. 

‘‘(B) DOLLAR LIMITATION.—The aggregate 

amount of indebtedness treated as described 

in subparagraph (A) for any period shall not 

exceed $49,500 ($24,750 in the case of a separate return by a married individual). 

‘‘(C) INCOME LIMITATION.—The amount otherwise treated as interest under subparagraph (A) for any taxable year (after the application of subparagraph (B)) shall be reduced (but not below zero) by the amount 

which bears the same ratio to the amount 

which is so treated as— 

‘‘(i) the excess (if any) of— 

‘‘(I) the taxpayer’s modified adjusted gross 

income for such taxable year, over 

‘‘(II) $125,000 ($250,000 in the case of a joint 

return), bears to 

‘‘(ii) $10,000. 

For purposes of the preceding sentence, the 

term ‘modified adjusted gross income’ means 

the adjusted gross income of the taxpayer for 

the taxable year increased by any amount 

excluded from gross income under section 

911, 931, or 933. 

‘‘(D) QUALIFIED MOTOR VEHICLE.—The term 

‘qualified motor vehicle’ means a passenger 

automobile (within the meaning of section 

30B(h)(3)) or a light truck (within the meaning of such section)— 

‘‘(i) which is acquired for use by the taxpayer and not for resale after November 12, 

2008, and before January 1, 2010, 

‘‘(ii) the original use of which commences 

with the taxpayer, and 

‘‘(iii) which has a gross vehicle weight rating of not more than 8,500 pounds.’’. 

(c) DEDUCTION ALLOWED ABOVE-THE-LINE.— 

Section 62(a) of the Internal Revenue Code of 

1986 is amended by inserting after paragraph 

(21) the following new paragraph: 

‘‘(22) QUALIFIED MOTOR VEHICLE INTEREST.— 

The deduction allowed under section 163 by 

reason of subsection (h)(2)(G) thereof.’’. 

(d) REPORTING OF QUALIFIED MOTOR VEHICLE INTEREST.— 

(1) IN GENERAL.—Subpart B of part III of 

subchapter A of chapter 61 of the Internal 

Revenue Code of 1986 is amended by adding 

at the end the following new section: 

‘‘SEC. 6050X. RETURNS RELATING TO QUALIFIED 

MOTOR VEHICLE INTEREST RECEIVED IN TRADE OR BUSINESS 

FROM INDIVIDUALS. 

‘‘(a) QUALIFIED MOTOR VEHICLE INTEREST.— 

Any person— 

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‘‘(1) who is engaged in a trade or business, 

and 

‘‘(2) who, in the course of such trade or 

business, receives from any individual interest aggregating $600 or more for any calendar 

year on any indebtedness secured by a qualified motor vehicle (as defined in section 

163(h)(5)(D)), 

shall make the return described in subsection (b) with respect to each individual 

from whom such interest was received at 

such time as the Secretary may by regulations prescribe. 

‘‘(b) FORM AND MANNER OF RETURNS.—A return is described in this subsection if such 

return— 

‘‘(1) is in such form as the Secretary may 

prescribe, 

‘‘(2) contains— 

‘‘(A) the name and address of the individual from whom the interest described in 

subsection (a)(2) was received, 

‘‘(B) the amount of such interest received 

for the calendar year, and 

‘‘(C) such other information as the Secretary may prescribe. 

‘‘(c) APPLICATION TO GOVERNMENTAL

UNITS.—For purposes of subsection (a)— 

‘‘(1) TREATED AS PERSONS.—The term ‘person’ includes any governmental unit (and 

any agency or instrumentality thereof). 

‘‘(2) SPECIAL RULES.—In the case of a governmental unit or any agency or instrumentality thereof— 

‘‘(A) subsection (a) shall be applied without 

regard to the trade or business requirement 

contained therein, and 

‘‘(B) any return required under subsection 

(a) shall be made by the officer or employee 

appropriately designated for the purpose of 

making such return. 

‘‘(d) STATEMENTS TO BE FURNISHED TO INDIVIDUALS WITH RESPECT TO WHOM INFORMATION IS REQUIRED.—Every person required to 

make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing— 

‘‘(1) the name, address, and phone number 

of the information contact of the person required to make such return, and 

‘‘(2) the aggregate amount of interest described in subsection (a)(2) received by the 

person required to make such return from 

the individual to whom the statement is required to be furnished. 

The written statement required under the 

preceding sentence shall be furnished on or 

before January 31 of the year following the 

calendar year for which the return under 

subsection (a) was required to be made. 

‘‘(e) RETURNS WHICH WOULD BE REQUIRED

TO BE MADE BY 2 OR MORE PERSONS.—Except 

to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving 

such interest shall be required to make the 

return under subsection (a).’’. 

(2) AMENDMENTS RELATING TO PENALTIES.— 

(A) Section 6721(e)(2)(A) of such Code is 

amended by striking ‘‘or 6050L’’ and inserting ‘‘6050L, or 6050X’’. 

(B) Section 6722(c)(1)(A) of such Code is 

amended by striking ‘‘or 6050L(c)’’ and inserting ‘‘6050L(c), or 6050X(d)’’. 

(C) Subparagraph (B) of section 6724(d)(1) of 

such Code is amended by redesignating 

clauses (xvi) through (xxii) as clauses (xvii) 

through (xxiii), respectively, and by inserting after clause (xii) the following new 

clause: 

‘‘(xvi) section 6050X (relating to returns relating to qualified motor vehicle interest received in trade or business from individuals),’’. 

(D) Paragraph (2) of section 6724(d) of such 

Code is amended by striking the period at 

the end of subparagraph (DD) and inserting 

‘‘, or’’ and by inserting after subparagraph 

(DD) the following new subparagraph: 

‘‘(EE) section 6050X(d) (relating to returns 

relating to qualified motor vehicle interest 

received in trade or business from individuals).’’. 

(3) CLERICAL AMENDMENT.—The table of 

sections for subpart B of part III of subchapter A of chapter 61 of such Code is 

amended by inserting after the item relating 

to section 6050W the following new item: 

‘‘Sec. 6050X. Returns relating to qualified 

motor vehicle interest received 

in trade or business from individuals.’’. 

SEC. 7002. ABOVE-THE-LINE DEDUCTION FOR 

STATE SALES TAX AND EXCISE TAX 

ON THE PURCHASE OF CERTAIN 

MOTOR VEHICLES. 

(a) IN GENERAL.—Subsection (a) of section 

164 of the Internal Revenue Code of 1986 is 

amended by inserting after paragraph (5) the 

following new paragraph: 

‘‘(6) Qualified motor vehicle taxes.’’. 

(b) QUALIFIED MOTOR VEHICLE TAXES.— 

Subsection (b) of section 164 of the Internal 

Revenue Code of 1986 is amended by adding 

at the end the following new paragraph: 

‘‘(6) QUALIFIED MOTOR VEHICLE TAXES.— 

‘‘(A) IN GENERAL.—For purposes of this section, the term ‘qualified motor vehicle taxes’ 

means any State and local sales or excise tax 

imposed on the purchase of a qualified motor 

vehicle (as defined in section 163(h)(5)(D)). 

‘‘(B) INCOME LIMITATION.—The amount otherwise taken into account under subparagraph (A) for any taxable year shall be reduced (but not below zero) by the amount 

which bears the same ratio to the amount 

which is so treated as— 

‘‘(i) the excess (if any) of— 

‘‘(I) the taxpayer’s modified adjusted gross 

income for such taxable year, over 

‘‘(II) $125,000 ($250,000 in the case of a joint 

return), bears to 

‘‘(ii) $10,000. 

For purposes of the preceding sentence, the 

term ‘modified adjusted gross income’ means 

the adjusted gross income of the taxpayer for 

the taxable year increased by any amount 

excluded from gross income under section 

911, 931, or 933. 

‘‘(C) QUALIFIED MOTOR VEHICLE TAXES NOT

INCLUDED IN COST OF ACQUIRED PROPERTY.— 

The last sentence of subsection (a) shall not 

apply to any qualified motor vehicle taxes. 

‘‘(D) COORDINATION WITH GENERAL SALES

TAX.—This paragraph shall not apply in the 

case of a taxpayer who makes an election 

under paragraph (5) for the taxable year.’’. 

(c) CONFORMING AMENDMENTS.—Paragraph 

(5) of section 163(h) of the Internal Revenue 

Code of 1986, as added by section 1, is amended— 

(1) by adding at the end the following new 

subparagraph: 

‘‘(E) EXCLUSION.—If the indebtedness described in subparagraph (A) includes the 

amounts of any State sales or excise taxes 

paid or accrued by the taxpayer in connection with the acquisition of a qualified 

motor vehicle, the aggregate amount of such 

indebtedness taken into account under such 

subparagraph shall be reduced, but not below 

zero, by the amount of any such taxes for 

which a deduction is allowed under section 

164(a) by reason of paragraph (6) thereof.’’, 

and 

(2) by inserting ‘‘, after the application of 

subparagraph (E),’’ after ‘‘for any period’’ in 

subparagraph (B). 

(d) DEDUCTION ALLOWED ABOVE-THE-LINE.— 

Section 62(a) of the Internal Revenue Code of 

1986, as amended by section 1, is amended by 

inserting after paragraph (22) the following 

new paragraph: 

‘‘(23) QUALIFIED MOTOR VEHICLE TAXES.— 

The deduction allowed under section 164 by 

reason of subsection (a)(6) thereof.’’. 

TITLE VIII 

GENERAL PROVISIONS—THIS ACT 

EMERGENCY DESIGNATION

SEC. 8001. Each amount in this Act is designated as an emergency requirement and 

necessary to meet emergency needs pursuant 

to section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 

(110th Congress), the concurrent resolutions 

on the budget for fiscal years 2008 and 2009. 

AVAILABILITY

SEC. 8002. No part of any appropriation 

contained in this Act shall remain available 

for obligation beyond the current fiscal year 

unless expressly so provided herein. 

This Act may be cited as the ‘‘Economic 

Recovery Act of 2008’’. 

By Mr. DURBIN: 

S. 3690. A bill to help struggling families stay in their homes and to ensure 

that taxpayers are protected when the 

Secretary of the Treasury purchases 

equity shares in financial situations; to 

the Committee on the Judiciary. 

Mr. DURBIN. Just before the Congress paused for the elections, we 

passed one of the most historic—and 

contentious—pieces of legislation in 

my 26 years in Washington. We gave 

the Treasury Department the authority to spend $700 billion in taxpayer 

funds to prevent the complete meltdown of the financial system, which in 

turn would hopefully prevent the overall economy from descending into a 

deep and painful recession. 

I didn’t like voting for that bill, but 

I joined the majority of my colleagues 

in doing so because not voting for it 

was even worse. I hope in the end that 

we were right. 

However, there are two areas that I 

do not believe were adequately addressed in that legislation: helping 

families save their homes from foreclosure and protecting taxpayers from 

the misuse of their dollars by the bankers that receive them. Today I am introducing legislation—the Homeowner 

Assistance and Taxpayer Protection 

Act—to address both concerns. 

For far too long the Bush administration has relied on the voluntary efforts 

of the mortgage servicers to rework 

millions of troubled mortgages on a 

case by case basis. These voluntary efforts have been and still are insufficient. There aren’t strong enough incentives for the servicers to pursue 

work-outs. Servicers aren’t equipped to 

handle the huge volume of mortgages 

at risk. Far-flung investors who own 

pieces of many mortgages, and who 

often refuse to let servicers rework 

mortgages even in the cases where the 

servicers would like to help, present 

legal obstacles. And the mortgage industry has failed to take strong action 

against foreclosures, even if it is in 

their own best interests. The $700 billion rescue bill encouraged the administration to take stronger steps to help 

homeowners, but did not require the 

Government to do so. 

My bill would bring real hope to families who fear that they will lose their 

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S10600 CONGRESSIONAL RECORD — SENATE November 17, 2008 

homes, by doing three things. First, it 

would require Treasury, the Federal 

Reserve, the FDIC, and FHFA to restructure all loans that meet the criteria established in the Hope for Homeowners program to make the mortgages affordable. That means mortgages these regulators own or in which 

they have a controlling interest must 

be restructured if a reworked mortgage 

can be paid by the homeowner and is 

viable economically for the creditors. 

The Emergency Economic Stabilization Act as it is currently written only 

encourages the regulators to restructure those loans, rather than requiring 

them to do so. 

Second, it would require servicers to 

restructure all loans that qualify for 

the Hope for Homeowners program, 

rather than simply encouraging them 

to do so as the Housing and Economic 

Recovery Act is currently written. 

And, finally, it would allow bankruptcy judges to modify mortgages on 

primary residences. As I have argued 

for months now, this is the single most 

important thing we can do to spur nationwide systematic mortgage 

restructurings. 

The financial crisis will not ease, and 

the economy will not begin to recover, 

until we address the root cause of the 

crisis: the failed mortgage market. My 

bill would do just that. 

The rescue bill also failed to put in 

place enough taxpayer protections. 

Congress meant for banks to use the 

money provided by the Treasury to 

lend to qualified borrowers, rather 

than enriching their shareholders and 

executives. Recent reports indicating 

that AIG will lavish more than a half 

billion dollars on its employees at the 

same time that it receives an even 

larger $152 billion taxpayer bailout 

than originally announced speaks loudly to this problem. 

My bill would try to address this concern. The bill would bar banks participating in the Capital Purchase Program authorized by the Emergency 

Economic Stabilization Act from increasing common share dividends as 

long as the Government owns preferred 

shares. It also would require participating banks to reduce the next year’s 

dividends in an amount equal to the 

compensation paid to the top five executives in excess of $500,000. 

The bill would not bar companies receiving assistance from the Treasury 

from paying their executives, nor 

would it bar them from paying dividends. But it would ensure that financial institutions think carefully before 

redirecting taxpayer-injected dollars 

away from lending for the good of the 

economy towards compensation for the 

good of its own executives and shareholders. 

The debate on how to help stabilize 

the financial sector will certainly continue into the 111th Congress, and I intend to continue to fight for homeowners and for the taxpayers so that 

we get our economy moving again as 

quickly as we can, and as prudently as 

we can. 

Mr. President, I ask unanimous consent that the text of the bill be printed 

in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 3690 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Homeowner 

Assistance and Taxpayer Protection Act’’. 

TITLE I—ASSISTING HOMEOWNERS 

SEC. 101. RESTRUCTURING LOANS OWNED BY 

THE GOVERNMENT. 

(a) MORTGAGES ACQUIRED BY THE SECRETARY.—Section 109(a) of the Emergency 

Economic Stabilization Act of 2008 (division 

A of Public Law 110–343) is amended by striking ‘‘encourage’’ and inserting ‘‘require’’. 

(b) MORTGAGES HELD BY FEDERAL PROPERTY MANAGERS.—Section 110(b)(1) of the 

Emergency Economic Stabilization Act of 

2008 (division A of Public Law 110–343) is 

amended by striking ‘‘encourage’’ and inserting ‘‘require’’. 

(c) OBLIGATIONS SECURED BY MORTGAGES

HELD BY FEDERAL PROPERTY MANAGERS.— 

Section 110(c)(1) of the Emergency Economic 

Stabilization Act of 2008 (division A of Public 

Law 110–343) is amended by striking ‘‘encourage’’ and inserting ‘‘require’’. 

SEC. 102. REQUIRING LENDERS TO PARTICIPATE 

IN HOPE FOR HOMEOWNERS PROGRAM WHEN HOMEOWNERS ELECT 

TO PARTICIPATE. 

Section 257(b)(1) of the National Housing 

Act (12 U.S.C. 1715z-23(b)(1)) is amended by 

striking ‘‘and existing loan holders’’ and inserting ‘‘, but required on the part of existing loan holders when homeowners apply,’’. 

SEC. 103. HELPING FAMILIES SAVE THEIR HOMES 

IN BANKRUPTCY. 

(a) SPECIAL RULES FOR MODIFICATION OF

LOANS SECURED BY RESIDENCES.— 

(1) IN GENERAL.—Section 1322(b) of title 11, 

United States Code, is amended— 

(A) in paragraph (10), by striking ‘‘and’’ at 

the end; 

(B) by redesignating paragraph (11) as 

paragraph (12); and 

(C) by inserting after paragraph (10) the 

following: 

‘‘(11) notwithstanding paragraph (2) and 

otherwise applicable nonbankruptcy law— 

‘‘(A) modify an allowed secured claim secured by the debtor’s principal residence, as 

described in subparagraph (B), if, after deduction from the debtor’s current monthly 

income of the expenses permitted for debtors 

described in section 1325(b)(3) of this title 

(other than amounts contractually due to 

creditors holding such allowed secured 

claims and additional payments necessary to 

maintain possession of that residence), the 

debtor has insufficient remaining income to 

retain possession of the residence by curing 

a default and maintaining payments while 

the case is pending, as provided under paragraph (5); and 

‘‘(B) provide for payment of such claim— 

‘‘(i) in an amount equal to the amount of 

the allowed secured claim; 

‘‘(ii) for a period that is not longer than 40 

years; and 

‘‘(iii) at a rate of interest accruing after 

such date calculated at a fixed annual percentage rate, in an amount equal to the most 

recently published annual yield on conventional mortgages published by the Board of 

Governors of the Federal Reserve System, as 

of the applicable time set forth in the rules 

of the Board, plus a reasonable premium for 

risk; and’’. 

(2) CONFORMING AMENDMENT.—Section 

1325(a)(5) of title 11, United States Code, is 

amended by inserting before ‘‘with respect’’ 

the following: ‘‘except as otherwise provided 

in section 1322(b)(11) of this title,’’. 

(b) WAIVER OF COUNSELING REQUIREMENT

WHEN HOMES ARE IN FORECLOSURE.—Section 

109(h) of title 11, United States Code, is 

amended by adding at the end the following: 

‘‘(5) The requirements of paragraph (1) 

shall not apply with respect to a debtor who 

files with the court a certification that a 

foreclosure sale of the debtor’s principal residence has been scheduled.’’. 

(c) COMBATING EXCESSIVE FEES.—Section 

1322(c) of title 11, the United States Code, is 

amended— 

(1) in paragraph (1), by striking ‘‘and’’ at 

the end; 

(2) in paragraph (2), by striking the period 

at the end and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(3) the plan need not provide for the payment of, and the debtor, the debtor’s property, and property of the estate shall not be 

liable for, any fee, cost, or charge, notwithstanding section 506(b), that arises in connection with a claim secured by the debtor’s 

principal residence if the event that gives 

rise to such fee, cost, or charge occurs while 

the case is pending but before the discharge 

order, except to the extent that— 

‘‘(A) notice of such fees, costs, or charges 

is filed with the court, and served on the 

debtor and the trustee, before the expiration 

of the earlier of— 

‘‘(i) 1 year after the event that gives rise to 

such fee, cost, or charge occurs; or 

‘‘(ii) 60 days before the closing of the case; 

and 

‘‘(B) such fees, costs, or charges are lawful, 

reasonable, and provided for in the agreement under which such claim or security interest arose; 

‘‘(4) the failure of a party to give notice described in paragraph (3) shall be deemed a 

waiver of any claim for fees, costs, or 

charges described in paragraph (3) for all 

purposes, and any attempt to collect such 

fees, costs, or charges shall constitute a violation of section 524(a)(2) of this title or, if 

the violation occurs before the date of discharge, of section 362(a) of this title; and 

‘‘(5) a plan may provide for the waiver of 

any prepayment penalty on a claim secured 

by the principal residence of the debtor.’’. 

(d) PROHIBITING CLAIMS ARISING FROM VIOLATIONS OF CONSUMER PROTECTION LAWS.— 

Section 502(b) of title 11, United States Code, 

is amended— 

(1) in paragraph (8), by striking ‘‘or’’ at the 

end; 

(2) in paragraph (9), by striking the period 

at the end and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(10) such claim includes a request for 

damages or rescission based on a failure to 

comply with the Truth in Lending Act (15 

U.S.C. 1601 et seq.), or any other provision of 

applicable State or Federal consumer protection law in force when the failure to comply 

occurred, notwithstanding a prior entry of a 

foreclosure judgment.’’. 

(e) APPLICATION OF AMENDMENTS.—The 

amendments made to title 11, United States 

Code, by this section shall apply with respect 

to cases commenced under that title 11 on or 

after the date of enactment of this Act, or 

pending on the date of enactment of this 

Act. 

TITLE II—PROTECTING TAXPAYERS 

SEC. 201. BARRING DIVIDEND INCREASES. 

Section 113(d) of the Emergency Economic 

Stabilization Act of 2008 (division A of Public 

Law 110–343) is amended by adding at the end 

the following: 

‘‘(4) DIVIDENDS.—If the Secretary purchases 

troubled assets under the authority of this 

Act, the financial institutions from which 

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such assets are purchased may not pay dividends in a cumulative amount that is higher 

in the current or a future fiscal year than 

the cumulative dividends paid in the fiscal 

year immediately preceding the sale of the 

troubled assets until such time as the troubled assets are no longer owned by the Secretary.’’. 

SEC. 202. REDUCING DIVIDENDS TO PAY FOR EXCESSIVE EXECUTIVE COMPENSATION. 

Section 111(b)(2) of the Emergency Economic Stabilization Act of 2008 (Public Law 

110–343) is amended— 

(1) in subparagraph (B), by striking ‘‘and’’ 

at the end; 

(2) in subparagraph (C), by striking the period at the end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(D) a reduction in dividends paid by the 

institution in its next fiscal year equal to 

the executive compensation paid to senior 

executive officers in excess of $500,000 per officer in the current fiscal year.’’. 

f 

SUBMITTED RESOLUTIONS 

SENATE RESOLUTION 706—TO AUTHORIZE TESTIMONY AND 

LEGAL REPRESENTATION IN 

PETER BERGEL V. PACIFIC GAS 

& ELECTRIC 

Mr. REID (for himself and Mr. 

MCCONNELL) submitted the following 

resolution; which was considered and 

agreed to: 

S. RES. 706 

Whereas, in the case of Peter Bergel v. Pacific Gas & Electric, No. 0712–15723, pending 

in Multnomah County Circuit Court in Portland, Oregon, the defendant has requested 

testimony from Denise Racanelli, an employee in the office of Senator Gordon 

Smith; 

Whereas, pursuant to sections 703(a) and 

704(a)(2) of the Ethics in Government Act of 

1978, 2 U.S.C. §§288b(a) and 288c(a)(2), the 

Senate may direct its counsel to represent 

employees of the Senate with respect to any 

subpoena, order, or request for testimony relating to their official responsibilities; 

Whereas, by the privileges of the Senate of 

the United States and Rule XI of the Standing Rules of the Senate, no evidence under 

the control or in the possession of the Senate 

may, by the judicial or administrative process, be taken from such control or possession 

but by permission of the Senate; 

Whereas, when it appears that evidence 

under the control or in the possession of the 

Senate may promote the administration of 

justice, the Senate will take such action as 

will promote the ends of justice consistent 

with the privileges of the Senate: Now, 

therefore, be it 

Resolved, That Denise Racanelli is authorized to testify in the case of Peter Bergel v. 

Pacific Gas & Electric, except concerning 

matters for which a privilege should be asserted. 

SEC. 2. The Senate Legal Counsel is authorized to represent Denise Racanelli in connection with the testimony authorized in section one of this resolution. 

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AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON FINANCE

Mrs. FEINSTEIN. Mr. President, I 

ask unanimous consent that the Committee on Finance be authorized to 

meet during the session of the Senate 

on Monday, November 17, 2008, at 2 

p.m., in room 215 of the Dirksen Senate 

Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON HOMELAND SECURITY AND

GOVERNMENTAL AFFAIRS

Mrs. FEINSTEIN. Mr. President, I 

ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to 

meet during the session of the Senate 

on Monday, November 17, 2008, at 10 

a.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON HOMELAND SECURITY AND

GOVERNMENTAL AFFAIRS

Mrs. FEINSTEIN. Mr. President, I 

ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to 

meet during the session of the Senate 

on Monday, November 17, 2008, at 2:30 

p.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

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UNITED STATES ARMY 

COMMEMORATIVE COIN ACT 

Mr. WHITEHOUSE. Madam President, I ask unanimous consent that the 

Senate proceed to the immediate consideration of H.R. 5714, which was received from the House. 

The PRESIDING OFFICER. The 

clerk will report. 

The legislative clerk read as follows: 

A bill (H.R. 5714) to require the Secretary 

of the Treasury to mint coins in recognition 

and celebration of the establishment of the 

United States Army of 1775, to honor the 

American soldier of both today and yesterday, in wartime and in peace, and to commemorate the traditions, history, and heritage of the United States Army and its role in 

American society, from the Colonial period 

to today. 

There being no objection, the Senate 

proceeded to consider the bill. 

Mr. WHITEHOUSE. Madam President, I ask unanimous consent that the 

bill be read three times and passed, the 

motion to reconsider be laid upon the 

table, with no intervening action or debate, and any statements related to the 

bill be printed in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The bill (H.R. 5714) was ordered to a 

third reading, was read the third time, 

and passed. 

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CHILD SAFE VIEWING ACT 

Mr. WHITEHOUSE. Madam President, I ask the Chair to lay before the 

Senate a message from the House with 

respect to S. 602. 

The PRESIDING OFFICER (Ms. STABENOW) laid before the Senate the following message from the House of Representatives: 

Resolved, That the bill from the Senate (S. 

602) entitled ‘‘An Act to develop the next 

generation of parental control technology’’, 

do pass with the following amendment: 

Strike section 2 and redesignate section 3 

as section 2. 

Mr. WHITEHOUSE. Madam President, I ask unanimous consent that the 

Senate concur in the House amendment and the motion to reconsider be 

laid upon the table, with no intervening action or debate. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

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SENATE LEGAL COUNSEL 

AUTHORIZATION 

Mr. WHITEHOUSE. Madam President, I ask unanimous consent that the 

Senate proceed to the immediate consideration of S. Res. 706, submitted earlier today. 

The PRESIDING OFFICER. The 

clerk will report the resolution by 

title. 

The legislative clerk read as follows: 

A resolution (S. Res. 706) to authorize testimony and legal representation in Peter 

Bergel v. Pacific Gas & Electric. 

There being no objection, the Senate 

proceeded to consider the resolution. 

Mr. REID. Mr. President, this resolution concerns a request for testimony 

in a civil action in Multnomah County 

Court in Portland, OR. In this action, 

the plaintiff, an anti-war protester, 

seeks damages for an alleged false arrest in March 2007 in the lobby of a private office building housing Senator 

SMITH’s Portland, OR office. The defendant owner of the building has requested that an employee in the Senator’s Portland office provide in connection with upcoming summary judgment proceedings a declaration concerning relevant communications the 

employee had with building security 

officers related to the events in question. Senator SMITH would like to cooperate by providing testimony from 

that employee. This resolution would 

authorize that employee to testify in 

connection with this action, with representation by the Senate Legal Counsel. 

Mr. WHITEHOUSE. I ask unanimous 

consent that the resolution be agreed 

to, the preamble be agreed to, the motions to reconsider be laid upon the 

table en bloc with no intervening action or debate, and any statements be 

printed in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The resolution (S. Res. 706) was 

agreed to. 

The preamble was agreed to. 

The resolution, with its preamble, 

reads as follows: 

S. RES. 706 

Whereas, in the case of Peter Bergel v. Pacific Gas & Electric, No. 0712–15723, pending 

in Multnomah County Circuit Court in Portland, Oregon, the defendant has requested 

testimony from Denise Racanelli, an employee in the office of Senator Gordon 

Smith; 

Whereas, pursuant to sections 703(a) and 

704(a)(2) of the Ethics in Government Act of 

1978, 2 U.S.C. §§288b(a) and 288c(a)(2), the 

Senate may direct its counsel to represent 

employees of the Senate with respect to any 

subpoena, order, or request for testimony relating to their official responsibilities; 

Whereas, by the privileges of the Senate of 

the United States and Rule XI of the Standing Rules of the Senate, no evidence under 

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