II 

Calendar No. 122 

110TH CONGRESS 

2D SESSION S. 3689 

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. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17 (legislative day, SEPTEMBER 17), 2008 

Mr. REID (for himself and Mr. BYRD) introduced the following bill; which was 

read the first time 

NOVEMBER 18, 2008 

Read the second time and placed on the calendar under authority of the order 

of the Senate of November 17 (legislative day, September 17), 2008 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 


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1 fiscal year ending September 30, 2009, and for other pur2 poses, namely: 

3 TITLE I 

4 INFRASTRUCTURE, ENERGY, AND ECONOMIC 

5 RECOVERY 

6 CHAPTER 1 

7 DEPARTMENT OF AGRICULTURE 

8 FARM SERVICE AGENCY

9 SALARIES AND EXPENSES

10 For an additional amount for ‘‘Farm Service Agency, 

11 Salaries and Expenses’’, for the purpose of maintaining 

12 and modernizing the information technology system, 

13 $171,700,000, to remain available until expended. 

14 RURAL HOUSING SERVICE

15 RURAL HOUSING INSURANCE PROGRAM ACCOUNT

16 For an additional amount for gross obligations for 

17 the principal amount of direct and guaranteed loans as 

18 authorized by title V of the Housing Act of 1949, to be 

19 available from funds in the rural housing insurance fund, 

20 as follows: $171,000,000 for section 502 direct loans, and 

21 $3,000,000,000 for section 502 unsubsidized guaranteed 

22 loans. 

23 For an additional amount for the cost of direct and 

24 guaranteed loans, including the cost of modifying loans, 

25 as defined in section 502 of the Congressional Budget Act 


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1 of 1974, to remain available until expended, as follows: 

2 $11,500,000 for section 502 direct loans, and 

3 $38,100,000 for section 502 unsubsidized guaranteed 

4 loans. 

5 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

6 For an additional amount for gross obligations for 

7 the principal amount of direct and guaranteed loans and 

8 grants as authorized by section 306 of the Consolidated 

9 Farm and Rural Development Act, to be available from 

10 the rural community facilities program account, as follows: 

11 $612,000,000 for rural community facilities direct loans; 

12 $130,000,000 for guaranteed rural community facilities 

13 loans; and $50,000,000 for rural community facilities 

14 grants. 

15 For an additional amount for the cost of direct loans, 

16 guaranteed loans, and grants, including the cost of modi17 fying loans, as defined in section 502 of the Congressional 

18 Budget Act of 1974, to remain available until expended, 

19 as follows: $35,000,000 for rural community facilities di20 rect loans; $4,000,000 for rural community facilities guar21 anteed loans; and $50,000,000 for rural community facili22 ties grants. 

23 RURAL BUSINESS—COOPERATIVE SERVICE

24 RURAL BUSINESS PROGRAM ACCOUNT

25 For an additional amount for gross obligations for 

26 the principal amount of guaranteed loans as authorized 


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1 by section 310B(a)(2)(A) of the Consolidated Farm and 

2 Rural Development Act, to be available from the rural 

3 business program account, as follows: $1,000,000,000 for 

4 business and industry guaranteed loans. 

5 For an additional amount for the cost of guaranteed 

6 loans, including the cost of modifying loans, as defined 

7 in section 502 of the Congressional Budget Act of 1974, 

8 to remain available until expended, as follows: 

9 $43,500,000 for business and industry guaranteed loans. 

10 RURAL BUSINESS ENTERPRISE GRANTS

11 For an additional amount for ‘‘Rural Business Enter12 prise Grants’’, $40,000,000, to remain available until ex13 pended. 

14 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

15 For an additional amount for gross obligations for 

16 the principal amount of direct loans as authorized by the 

17 Rural Development Loan Fund (42 U.S.C. 9812(a)), 

18 $30,000,000. 

19 For an additional amount for the cost of direct loans, 

20 including the cost of modifying loans, as defined in section 

21 502 of the Congressional Budget Act of 1974, to remain 

22 available until expended, $12,600,000, for direct loans as 

23 authorized by the Rural Development Loan Fund (42 

24 U.S.C. 9812(a)). 


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1 RURAL UTILITIES SERVICE

2 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

3 For an additional amount for the cost of direct loans, 

4 loan guarantees, and grants for the rural water, waste 

5 water, waste disposal, and solid waste management pro6 grams authorized by sections 306, 306A, 306C, 306D, 

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

8 and 381E(d)(2) of the Consolidated Farm and Rural De9 velopment Act, $200,000,000, to remain available until ex10 pended. 

11 FOOD AND NUTRITION SERVICE

12 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

13 WOMEN, INFANTS, AND CHILDREN

14 For an additional amount for the special supple15 mental nutrition program as authorized by section 17 of 

16 the Child Nutrition Act of 1966 (42 U.S.C. 1786), 

17 $445,000,000. 

18 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

19 For an additional amount for the Emergency Food 

20 Assistance Program, as authorized by Section 4201 of 

21 Public Law 110–246, $50,000,000, of which the Secretary 

22 may use up to 10 percent for costs associated with the 

23 distribution of commodities. 


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1 COMMODITY ASSISTANCE PROGRAM

2 For an additional amount for the Commodity Supple3 mental Food Program, $8,218,000, to support additional 

4 food purchases. 

5 GENERAL PROVISIONS—THIS CHAPTER 

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

7 ‘‘nonambulatory disabled cattle’’ means cattle, other than 

8 cattle that are less than 5 months old or weigh less than 

9 500 pounds, subject to inspection under section 3(b) of 

10 the Federal Meat Inspection Act (21 U.S.C. 603(b)) that 

11 cannot rise from a recumbent position or walk, including 

12 cattle with a broken appendage, severed tendon or liga13 ment, nerve paralysis, fractured vertebral column, or a 

14 metabolic condition. 

15 (b) Hereafter, none of the funds made available 

16 under this or any other Act may be used to pay the sala17 ries or expenses of any personnel of the Food Safety and 

18 Inspection Service to pass through inspection any non19 ambulatory disabled cattle for use as human food, regard20 less of the reason for the nonambulatory status of the cat21 tle or the time at which the cattle became nonambulatory. 

22 (c) Hereafter, in addition to any penalties available 

23 under the Federal Meat Inspection Act (21 U.S.C. 601 

24 et seq.), the Secretary shall impose penalties consistent 

25 with sections 10414 and 10415 of the Animal Health ProVerDate Aug 31 2005 22:14 Nov 18, 2008 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3689.PCS S3689

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1 tection Act (7 U.S.C. 8313, 8314) on any establishment 

2 that slaughters nonambulatory disabled cattle or prepares 

3 a carcass, part of a carcass, or meat or meat food product, 

4 from any nonambulatory disabled cattle, for use as human 

5 food. 

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

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

8 (b) 2008 CROP DISASTER ASSISTANCE.—Section 

9 9001 of the U.S. Troop Readiness, Veterans’ Care, 

10 Katrina Recovery, and Iraq Accountability Appropriations 

11 Act, 2007 (Public Law 110–28; 121 Stat. 211) is amend12 ed— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘There are hereby’’ and in15 serting the following: 

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

17 (B) by adding at the end the following: 

18 ‘‘(2) 2008 CROP DISASTER ASSISTANCE.— 

19 ‘‘(A) IN GENERAL.—There are hereby ap20 propriated to the Secretary such sums as are 

21 necessary, to remain available until expended, 

22 to make emergency financial assistance under 

23 this section available to producers on a farm 

24 that incurred qualifying quantity or quality 

25 losses for the 2008 crop due a natural disaster 


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1 or any related condition, as determined by the 

2 Secretary. 

3 ‘‘(B) SUGAR AND SUGARCANE DISASTER

4 ASSISTANCE.— 

5 ‘‘(i) FLORIDA.—There are hereby ap6 propriated to the Secretary such sums as 

7 are necessary, to remain available until ex8 pended, to make payments to processors in 

9 Florida that are eligible to obtain a loan 

10 under section 156(a) of the Federal Agri11 culture Improvement and Reform Act of 

12 1996 (7 U.S.C. 7272(a)) to compensate 

13 first processors and producers for crop and 

14 other losses due a natural disaster or any 

15 related condition, as determined by the 

16 Secretary, in Florida during calendar year 

17 2008, by an agreement on the same terms 

18 and conditions, to the maximum extent 

19 practicable, as the payments made under 

20 section 102 of the Emergency Supple21 mental Appropriations for Hurricane Dis22 asters Assistance Act of 2005 (Public Law 

23 108–324; 118 Stat. 1235), including that 

24 the 2008 base production of each har25 vesting unit shall be determined using the 


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1 same base year crop production history 

2 that was used pursuant to the agreement 

3 under that section. 

4 ‘‘(ii) LOUISIANA.— 

5 ‘‘(I) COMPENSATION FOR

6 LOSSES.—There are hereby appro7 priated to the Secretary such sums as 

8 are necessary, to remain available 

9 until expended, to make assistance 

10 available to first processors of sugar11 cane that operate in a county affected 

12 by a natural disaster, or obtain sugar13 cane from a county affected by a nat14 ural disaster, in Louisiana and that 

15 are eligible to obtain a loan under sec16 tion 156(a) of the Federal Agriculture 

17 Improvement and Reform Act of 1996 

18 (7 U.S.C. 7272(a)), in the form of 

19 monetary payments or commodities in 

20 the inventory of the Commodity Cred21 it Corporation derived from carrying 

22 out that section, to compensate pro23 ducers and first processors for crop 

24 and other losses due to the natural 


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1 disaster or any related condition, as 

2 determined by the Secretary. 

3 ‘‘(II) ADMINISTRATION.—Assist4 ance under this clause shall be— 

5 ‘‘(aa) shared by an affected 

6 first processor with affected pro7 ducers that provide commodities 

8 to the processor in a manner that 

9 reflects contracts entered into be10 tween the processor and the pro11 ducers, except with respect to a 

12 portion of the amount of total as13 sistance provided under subclause 

14 (I) necessary to compensate af15 fected producers for individual 

16 losses experienced by the pro17 ducers, including losses due to 

18 saltwater intrusion, flooding, 

19 wind damage, or increased plant20 ing, replanting, or harvesting 

21 costs, which shall be transferred 

22 by the first processor to the af23 fected producers without regard 

24 to contractual share arrange25 ments; and 


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1 ‘‘(bb) made available under 

2 such terms and conditions as the 

3 Secretary determines are nec4 essary to carry out this clause. 

5 ‘‘(III) FORM OF ASSISTANCE.— 

6 In carrying out this clause, the Sec7 retary shall— 

8 ‘‘(aa) convey to the first 

9 processor commodities in the in10 ventory of the Commodity Credit 

11 Corporation derived from car12 rying out section 156(a) of the 

13 Federal Agriculture Improvement 

14 and Reform Act of 1996 (7 

15 U.S.C. 7272(a)); 

16 ‘‘(bb) make monetary pay17 ments to the first processor; or 

18 ‘‘(cc) take any combination 

19 of actions described in items (aa) 

20 and (bb), using commodities or 

21 monetary payments. 

22 ‘‘(IV) LOSS DETERMINATION.— 

23 In carrying out this clause, the Sec24 retary shall use the same base year to 

25 determine crop loss that was elected 


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1 by a producer to determine crop loss 

2 in carrying out the hurricane assist3 ance program under section 207 of 

4 the Agricultural Assistance Act of 

5 2003 (Public Law 108–7; 117 Stat. 

6 543). 

7 ‘‘(iii) TEXAS.—There are hereby ap8 propriated to the Secretary such sums as 

9 are necessary, to remain available until ex10 pended, to assist sugarcane growers in 

11 Texas by making a payment in that 

12 amount to a farmer-owned cooperative sug13 arcane processor in that State, for costs of 

14 demurrage, storage, and transportation re15 sulting from natural disaster or any re16 lated condition during calendar year 2008. 

17 ‘‘(C) RELATION TO SUPPLEMENTAL AGRI18 CULTURAL DISASTER ASSISTANCE PROGRAM.— 

19 A producer on a farm that accepts assistance 

20 made available under this paragraph for a crop 

21 loss is not eligible to receive supplemental agri22 cultural disaster assistance for that crop loss 

23 under subtitle B of the Federal Crop Insurance 

24 Act (7 U.S.C. 1531) or title IX of the Trade 

25 Act of 1974 (19 U.S.C. 2497 et seq.).’’; and 


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1 (2) in subsection (b), by striking ‘‘this section’’ 

2 each place it appears and inserting ‘‘subsection 

3 (a)(1)’’. 

4 (c) AQUACULTURE GRANTS.— 

5 (1) IN GENERAL.—The Secretary of Agriculture 

6 shall make available grants under this subsection to 

7 appropriate State departments of agriculture (or 

8 other appropriate State agencies) that agree to as9 sist producers of animals described in section 

10 10806(a)(1) of the Farm Security and Rural Invest11 ment Act of 2002 (21 U.S.C. 321d(a)(1)) injured by 

12 increased costs for animal feed and that agree to 

13 comply with paragraph (2). 

14 (2) ELIGIBILITY FOR GRANTS.—To be eligible 

15 to receive a grant under this subsection, the State 

16 department of agriculture (or other appropriate 

17 State agency) shall— 

18 (A) agree to use the grants to distribute 

19 feed assistance through animal feed providers; 

20 and 

21 (B) agree to require such animal feed pro22 viders to make such feed assistance available on 

23 a pro rata basis to active producers described in 

24 paragraph (1) based on documented feed use by 

25 such producers in 2007. 


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1 (3) FEED ASSISTANCE.—The Secretary shall 

2 make such grants available to such State depart3 ments of agriculture or other agencies allocated on 

4 a pro rata basis, based on total tons of feed for such 

5 animals consumed in such State in 2007. 

6 (4) FUNDING.—There are hereby appropriated 

7 $50,000,000 to carry out this subsection. 

8 CHAPTER 2 

9 DEPARTMENT OF COMMERCE 

10 ECONOMIC DEVELOPMENT ADMINISTRATION

11 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

12 For an additional amount for ‘‘Economic Develop13 ment Assistance Programs’’ for economic adjustment as14 sistance as authorized by section 209 of the Public Works 

15 and Economic Development Act of 1965, as amended (42 

16 U.S.C. 3149), $50,000,000, to remain available until ex17 pended: Provided, That in allocating funds provided in the 

18 previous proviso, the Secretary of Commerce shall give pri19 ority consideration to areas of the Nation that have experi20 enced sudden and severe economic dislocation and job loss 

21 due to corporate restructuring. 


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1 DEPARTMENT OF JUSTICE 

2 UNITED STATES MARSHALS SERVICE

3 SALARIES AND EXPENSES

4 For an additional amount for ‘‘Salaries and Ex5 penses’’, $50,000,000, for the United States Marshals 

6 Service, to implement and enforce the Adam Walsh Child 

7 Protection and Safety Act (Public Law 109–248) to ap8 prehend non-compliant sex offenders. 

9 FEDERAL BUREAU OF INVESTIGATION

10 SALARIES AND EXPENSES

11 For an additional amount for ‘‘Salaries and Ex12 penses’’, $75,000,000. 

13 OFFICE OF JUSTICE PROGRAMS

14 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

15 For an additional amount for ‘‘State and Local Law 

16 Enforcement Assistance’’ Edward Byrne Memorial Justice 

17 Assistance Grant program as authorized by subpart 1 of 

18 part E of title I of the Omnibus Crime Control and Safe 

19 Street Act of 1968 (‘‘1968 Act’’), (except that section 

20 1001(c), and the special rules for Puerto Rico under sec21 tion 505(g), of the 1968 Act, shall not apply for purposes 

22 of this Act), $490,000,000. 

23 For an additional amount for ‘‘State and Local Law 

24 Enforcement Assistance’’, $100,000,000, for competitive 

25 grants to provide assistance and equipment to local law 


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1 enforcement along the Southern border and in High-In2 tensity Drug Trafficking Areas to combat criminal nar3 cotic activity stemming from the Southern border, of 

4 which $15,000,000 shall be transferred to the ‘‘Bureau 

5 of Alcohol, Tobacco, Firearms and Explosives’’, ‘‘Salaries 

6 and Expenses’’ for the ATF Project Gunrunner. 

7 COMMUNITY ORIENTED POLICING SERVICES

8 For additional amount for ‘‘Community Oriented Po9 licing Services’’, for grants under section 1701 of title I 

10 of the 1968 Omnibus Crime Control and Safe Streets Act 

11 (42 U.S.C. 379dd) for hiring and rehiring of additional 

12 career law enforcement officers under part Q of such title 

13 notwithstanding subsection (i) of such section, 

14 $500,000,000. 

15 SCIENCE 

16 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

17 RETURN TO FLIGHT

18 For necessary expenses, not otherwise provided for, 

19 in carrying out return to flight activities associated with 

20 the space shuttle and activities from which funds were 

21 transferred to accommodate return to flight activities, 

22 $400,000,000, with such sums as determined by the Ad23 ministrator of the National Aeronautics and Space Admin24 istration as available for transfer to ‘‘Science’’, ‘‘Aero25 nautics’’, ‘‘Exploration’’, and ‘‘Space Operations’’ for resVerDate Aug 31 2005 22:14 Nov 18, 2008 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3689.PCS S3689

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1 toration of funds previously reallocated to meet return to 

2 flight activities. 

3 RELATED AGENCY 

4 LEGAL SERVICES CORPORATION

5 PAYMENT TO THE LEGAL SERVICES CORPORATION

6 For an additional amount for ‘‘Payment to the Legal 

7 Services Corporation’’, $37,500,000, to provide legal as8 sistance related to home ownership preservation, home 

9 foreclosure prevention, and tenancy associated foreclosure: 

10 Provided, That each limitation on expenditures, and each 

11 term or condition, that applies to funds appropriated to 

12 the Legal Services Corporation under the Consolidated 

13 Appropriations Act of 2008 (Public Law 110–61), shall 

14 apply to funds appropriated under this Act: Provided fur15 ther, That priority shall be given to entities and individuals 

16 that (1) provide legal assistance in the 100 metropolitan 

17 statistical areas (as defined by the Director of the Office 

18 of Management and Budget) with the highest home fore19 closure rates; and (2) have the capacity to begin using 

20 the funds within 90 days of receipt of the funds. 


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1 CHAPTER 3 

2 DEPARTMENT OF DEFENSE—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 CONSTRUCTION

6 For an additional amount for ‘‘Construction’’ for ex7 penses necessary for the construction of river and harbor, 

8 flood and storm damage reduction, shore protection, 

9 aquatic ecosystem restoration, and related projects au10 thorized by law, $400,000,000, to remain available until 

11 expended: Provided, That not less than $100,000,000 of 

12 the funds provided shall be for environmental infrastruc13 ture assistance: Provided further, That not less than 

14 $75,000,000 of the funds provided shall be for rehabilita15 tion of Corps of Engineers owned or operated hydropower 

16 infrastructure: Provided further, That 33 U.S.C. 2221 

17 shall not apply to funds provided in this Act: Provided fur18 ther, That notwithstanding any other provision of law, 

19 funds provided in this Act shall not be cost shared with 

20 the Inland Waterways Trust Fund as authorized in Public 

21 Law 99–662: Provided further, That funds provided in this 

22 Act may only be used for programs, projects or activities 

23 previously funded: Provided further, That funds provided 

24 in this Act shall be used for elements of projects, programs 

25 or activities that can be completed within these funding 


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1 amounts and shall not create budgetary obligations in fu2 ture fiscal years: Provided further, That the Secretary of 

3 the Army shall submit a report to the House and Senate 

4 Appropriations Committees within 45 days of enactment 

5 of this Act, specifying the projects, programs or activities 

6 that are to be funded with these supplemental funds: Pro7 vided further, That these funds must be obligated no later 

8 than December 31, 2010. 

9 OPERATIONS AND MAINTENANCE

10 For an additional amount for ‘‘Operation and Main11 tenance’’ for expenses necessary for the operation, mainte12 nance, and care of existing river and harbor, flood and 

13 storm damage reduction, aquatic ecosystem restoration, 

14 and related projects authorized by law, and for surveys 

15 and charting of northern and northwestern lakes and con16 necting waters, clearing and straightening channels, and 

17 removal of obstructions to navigation, $500,000,000, to 

18 remain available until expended, of which such sums as 

19 are necessary to cover the Federal share of operation and 

20 maintenance costs for coastal harbors and channels, and 

21 inland harbors shall be derived from the Harbor Mainte22 nance Trust Fund, pursuant to Public Law 99–662; and 

23 of which such sums as become available under section 217 

24 of the Water Resources Development Act of 1996, Public 

25 Law 104–303, shall be used to cover the cost of operation 

26 and maintenance of the dredged material disposal facilities 


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1 for which fees have been collected: Provided, That not less 

2 than $150,000,000 of the funds provided shall be used 

3 for dredging any authorized inland and coastal waterways 

4 and ports to provide useful navigable widths and depths: 

5 Provided further, That not less than $25,000,000 of the 

6 funds provided shall be used for rehabilitation of public 

7 use areas at Corps of Engineers projects and facilities: 

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

9 shall be used for maintenance activities for Corps of Engi10 neers owned or operated hydropower infrastructure: Pro11 vided further, That funds provided in this Act may only 

12 be used for programs, projects or activities previously 

13 funded: Provided further, That funds provided in this Act 

14 shall be used for elements of projects, programs or activi15 ties that can be completed within these funding amounts 

16 and shall not create budgetary obligations in future fiscal 

17 years: Provided further, That the Secretary of the Army 

18 shall submit a report to the House and Senate Appropria19 tions Committees within 45 days of enactment of this Act, 

20 specifying the projects, programs or activities that are to 

21 be funded with these supplemental funds: Provided fur22 ther, That these funds must be obligated no later than 

23 December 31, 2010. 

24 MISSISSIPPI RIVER AND TRIBUTARIES

25 For an additional amount for ‘‘Mississippi River and 

26 Tributaries’’ for expenses necessary for the flood damage 


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1 reduction program for the Mississippi River alluvial valley 

2 below Cape Girardeau, Missouri, as authorized by law, 

3 $100,000,000, to remain available until expended, of 

4 which such sums as are necessary to cover the Federal 

5 share of operation and maintenance costs for inland har6 bors shall be derived from the Harbor Maintenance Trust 

7 Fund, pursuant to Public Law 99–662: Provided, That 

8 not less than $75,000,000 of the funds provided shall be 

9 utilized for flood control, ecosystem restoration, and back10 log maintenance of facilities along the tributaries of the 

11 mainstem of the river eligible under this account: Provided 

12 further, That funds provided in this Act may only be used 

13 for programs, projects or activities previously funded in 

14 Acts making appropriations for Energy and Water Devel15 opment: Provided further, That funds provided in this Act 

16 shall be used for elements of projects, programs or activi17 ties that can be completed within these funding amounts 

18 and shall not create budgetary obligations in future fiscal 

19 years: Provided further, That the Secretary of the Army 

20 shall submit a report to the House and Senate Appropria21 tions Committees within 45 days of enactment of this Act, 

22 specifying the projects, programs or activities that are to 

23 be funded with these supplemental funds: Provided fur24 ther, That these funds must be obligated no later than 

25 December 31, 2010. 


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1 DEPARTMENT OF THE INTERIOR 

2 BUREAU OF RECLAMATION

3 WATER AND RELATED RESOURCES

4 For an additional amount for ‘‘Water and Related 

5 Resources’’ for management, development, and restoration 

6 of water and related natural resources and for related ac7 tivities, including the operation, maintenance, and reha8 bilitation and modification of reclamation and other facili9 ties, including improvements or modification to provide en10 vironmental benefit, participation in fulfilling related Fed11 eral responsibilities to Native Americans, and related 

12 grants to, and cooperative and other agreements with, 

13 State and local governments, federally recognized Indian 

14 tribes, and others, $200,000,000, to remain available until 

15 expended: Provided, That not less than $50,000,000 of the 

16 funds provided under this heading shall be used for rural 

17 water projects and these funds should be concentrated on 

18 water intake and treatment facilities: Provided further, 

19 That not less than $5,000,000 of the funds provided under 

20 this heading shall be used for a bureauwide program for 

21 inspection of canals in urbanized areas: Provided further, 

22 That not less than $45,000,000 of the funds provided 

23 under this heading shall be used for water reclamation and 

24 reuse projects: Provided further, That not less than 

25 $15,000,000 of the funds provided under this heading 


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1 shall be for maintenance and rehabilitation of Bureau of 

2 Reclamation owned or operated hydropower infrastruc3 ture: Provided further, That funds provided in this Act 

4 may only be used for programs, projects or activities pre5 viously funded: Provided further, That funds provided in 

6 this Act shall be used for elements of projects, programs 

7 or activities that can be completed within these funding 

8 amounts and shall not create budgetary obligations in fu9 ture fiscal years: Provided further, That the Secretary of 

10 the Interior shall submit a report to the House and Senate 

11 Appropriations Committees within 45 days of enactment 

12 of this Act, specifying the projects, programs or activities 

13 that are to be funded with these supplemental funds: Pro14 vided further, That these funds must be obligated no later 

15 than December 31, 2010. 

16 DEPARTMENT OF ENERGY 

17 ENERGY EFFICIENCY AND RENEWABLE ENERGY

18 For an additional amount for ‘‘Energy Efficiency and 

19 Renewable Energy’’, $1,800,000,000, to remain available 

20 until expended: Provided, That of the funds appropriated, 

21 $500,000,000 is directed to the Weatherization Assistance 

22 Program: Provided further, That of the funds appro23 priated, not less than $300,000,000 is directed to advance 

24 battery technology research, development, and demonstra25 tion: Provided further, That of the funds appropriated, 


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1 $500,000,000 is directed to competitively awarded local 

2 government and tribal technology demonstration grants. 

3 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

4 For an additional amount for ‘‘Electricity Delivery 

5 and Energy Reliability’’, $140,000,000, to remain avail6 able until expended: Provided, That funds shall be avail7 able for expenses related to smart grid technologies, crit8 ical energy facility process operation systems, and cyber 

9 security of control systems. 

10 NON-DEFENSE ENVIRONMENTAL CLEANUP

11 For an additional amount for ‘‘Non-Defense Environ12 mental Cleanup’’, $150,000,000, to remain available until 

13 expended. 

14 URANIUM ENRICHMENT DECONTAMINATION AND

15 DECOMMISSIONING FUND

16 For an additional amount for ‘‘Uranium Enrichment 

17 Decontamination and Decommissioning Fund’’, 

18 $170,000,000, to remain available until expended. 

19 SCIENCE

20 For an additional amount for ‘‘Science’’, 

21 $175,000,000, to remain available until expended. 

22 ADVANCED BATTERY LOAN GUARANTEE PROGRAM

23 For the cost of guaranteed loans as authorized by 

24 section 135 of the Energy Independence and Security Act 

25 of 2007 (Public Law 110–140; 42 U.S.C. 17012), 


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1 $1,000,000,000, to remain available until expended: Pro2 vided, That of such amount, $5,000,000 shall be used for 

3 administrative expenses in carrying out the guaranteed 

4 loan program. 

5 ATOMIC ENERGY DEFENSE ACTIVITIES

6 NATIONAL NUCLEAR SECURITY ADMINISTRATION

7 WEAPONS ACTIVITIES

8 For an additional amount for ‘‘Weapons Activities’’, 

9 $100,000,000, to remain available until expended. 

10 ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

11 DEFENSE ENVIRONMENTAL CLEANUP

12 For an additional amount for ‘‘Defense Environ13 mental Cleanup’’, $800,000,000, to remain available until 

14 expended. 

15 GENERAL PROVISIONS—THIS CHAPTER 

16 SEC. 1301. FUTUREGEN. (a) Subject to subsection 

17 (b), the Secretary of Energy shall reinstate and con18 tinue— 

19 (1) the cooperative agreement numbered DE– 

20 FC–26–06NT42073 (as in effect on May 15, 2008); 

21 and 

22 (2) Budget Period 1, under such agreement, 

23 through July 31, 2009. 

24 (b) During the period beginning on the date of enact25 ment of this Act and ending March 31, 2009— 


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1 (1) The agreement described in subsection (a) 

2 may not be terminated except by the mutual consent 

3 of the parties to the agreement; and 

4 (2) Funds may be expended under the agree5 ment only to complete and provide information and 

6 documentation to the Department of Energy. 

7 SEC. 1302. Section 1222(g) of the Energy Policy Act 

8 of 2005 (Public Law 109–58; 42 U.S.C. 16421) is amend9 ed by striking ‘‘$100,000,000’’ and inserting 

10 ‘‘$2,500,000,000’’. 

11 CHAPTER 4 

12 DEPARTMENT OF THE TREASURY 

13 OFFICE OF INSPECTOR GENERAL

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’, $10,550,000, to carry out the provisions of the 

17 Inspector General Act of 1978, including material loss re18 views in conjunction with bank failures. 

19 COMMODITY FUTURES TRADING COMMISSION 

20 SALARIES AND EXPENSES

21 For an additional amount to carry out the provisions 

22 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), 

23 $13,100,000, of which $8,000,000 shall remain available 

24 until September 30, 2010. 


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1 GENERAL SERVICES ADMINISTRATION 

2 REAL PROPERTY ACTIVITIES

3 FEDERAL BUILDINGS FUND

4 (LIMITATION ON AVAILABILITY)

5 For an additional amount to be deposited in the Fed6 eral Buildings Fund, $547,639,000, to be used by the Ad7 ministrator of General Services for GSA real property ac8 tivities; of which $201,000,000 shall be used for construc9 tion, repair and alteration of border inspection facility 

10 projects for any previously funded or authorized pro11 spectus level project, for which additional funding is re12 quired, to expire on September 30, 2009 and remain in 

13 the Federal Buildings Fund except for funds for projects 

14 as to which funds for design or other funds have been obli15 gated in whole or in part prior to such date; and of which 

16 $346,639,000 shall be used for the development and con17 struction of the St. Elizabeths campus in the District of 

18 Columbia, to remain available until expended and remain 

19 in the Federal Buildings Fund except for funds for 

20 projects as to which funds for design or other funds have 

21 been obligated in whole or in part prior to such date: Pro22 vided, That each of the foregoing limits of costs on new 

23 construction projects may be exceeded to the extent that 

24 savings are effected in other such projects, but not to ex25 ceed 10 percent of the amounts provided unless advance 


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1 approval is obtained from the Committees on Appropria2 tions of a greater amount. 

3 SMALL BUSINESS ADMINISTRATION 

4 SALARIES AND EXPENSES

5 For an additional amount to be available until Sep6 tember 30, 2010, $4,000,000 for marketing, management, 

7 and technical assistance under section 7(m)(4) of the 

8 Small Business Act (15 U.S.C. 636(m)(4)) by inter9 mediaries that make microloans under the Microloan pro10 gram. 

11 For an additional amount to be available until Sep12 tember 30, 2010, $15,000,000 for lender oversight activi13 ties as authorized under section 1401(c) of this Act. 

14 BUSINESS LOANS PROGRAM ACCOUNT

15 For an additional amount for the cost of direct loans, 

16 $1,000,000, to remain available until September 30, 2010; 

17 and for an additional amount for the cost of guaranteed 

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

19 30, 2010: Provided, That of the amount for the cost of 

20 guaranteed loans, $515,000,000 shall be for loan subsidies 

21 and loan modifications for loans to small business con22 cerns authorized under section 1401(a) of this Act; and 

23 $100,000,000 shall be for loan subsidies and loan modi24 fications for loans to small business concerns authorized 

25 under section 1401(b) of this Act: Provided further, That 


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1 such costs, including the cost of modifying such loans, 

2 shall be as defined in section 502 of the Congressional 

3 Budget Act of 1974. 

4 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

5 ADMINISTRATION

6 SEC. 1401. ECONOMIC STIMULUS FOR SMALL BUSI7 NESS CONCERNS. (a) TEMPORARY FEE ELIMINATION FOR

8 THE 7(A) LOAN PROGRAM.—Until September 30, 2010, 

9 and to the extent the cost of such elimination of fees is 

10 offset by appropriations, with respect to each loan guaran11 teed under section 7(a) of Small Business Act (15 U.S.C. 

12 636(a)) for which the application is approved on or after 

13 the date of enactment of this Act, the Administrator 

14 shall— 

15 (1) in lieu of the fee otherwise applicable under 

16 section 7(a)(23)(A) of the Small Business Act (15 

17 U.S.C. 636(a)(23)(A)), collect no fee; and 

18 (2) in lieu of the fee otherwise applicable under 

19 section 7(a)(18)(A) of the Small Business Act (15 

20 U.S.C. 636(a)(18)(A)), collect no fee. 

21 (b) TEMPORARY FEE ELIMINATION FOR THE 504 

22 LOAN PROGRAM.— 

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

24 and to the extent the cost of such elimination in fees 

25 is offset by appropriations, with respect to each 


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1 project or loan guaranteed by the Administrator 

2 under title V of the Small Business Investment Act 

3 of 1958 (15 U.S.C. 695 et seq.) for which the appli4 cation is approved or pending approval on or after 

5 the date of enactment of this Act— 

6 (A) the Administrator shall, in lieu of the 

7 fee otherwise applicable under section 503(d)(2) 

8 of the Small Business Investment Act of 1958 

9 (15 U.S.C. 697(d)(2)) for an institution de10 scribed in subclause (I), (II), or (III) of section 

11 502(3)(B)(i) of that Act (15 U.S.C. 

12 696(3)(B)(i)), collect no fee; 

13 (B) a development company shall, in lieu 

14 of the mandatory 0.625 servicing fee under sec15 tion 120.971(a)(3) of title 13, Code of Federal 

16 Regulations (relating to fees paid by bor17 rowers), or any successor thereto, collect no fee; 

18 and 

19 (C) the Administrator shall, in lieu of the 

20 fee otherwise applicable under section 503(d)(3) 

21 of the Small Business Investment Act (15 

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

23 (2) REIMBURSEMENT FOR WAIVED FEES.— 

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

25 of such payments is offset by appropriations, 


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1 the Administrator shall reimburse each develop2 ment company that does not collect a servicing 

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

4 (B) AMOUNT.—The payment to a develop5 ment company under subparagraph (A) shall be 

6 in an amount equal to 0.5 percent of the out7 standing principal balance of any guaranteed 

8 debenture for which the development company 

9 does not collect a servicing fee pursuant to 

10 paragraph (1)(B). 

11 (c) TEMPORARY FEE ELIMINATION OF LENDER

12 OVERSIGHT FEES.—Until September 30, 2010, and to the 

13 extent the cost of such elimination in fees is offset by ap14 propriations, the Administrator shall, in lieu of the fee 

15 otherwise applicable under section 5(b)(14) of the Small 

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

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

18 Small Business Act (15 U.S.C. 636(a)) is amended by re19 designating paragraph (32) relating to an increased vet20 eran participation pilot program, as added by section 208 

21 of the Military Reservist and Veteran Small Business Re22 authorization and Opportunity Act of 2008 (Public Law 

23 110–186; 122 Stat. 631), as paragraph (33). 

24 (e) APPLICATION OF FEE ELIMINATIONS.—The Ad25 ministrator shall eliminate fees under subsections (a), (b), 


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1 and (c) until the amount provided for such purposes, as 

2 applicable, under the headings ‘‘Salaries and Expenses’’ 

3 and ‘‘Business Loans Program Account’’ under the head4 ing ‘‘Small Business Administration’’ under this Act are 

5 expended. 

6 (f) DEFINITIONS.—In this section— 

7 (1) the terms ‘‘Administration’’ and ‘‘Adminis8 trator’’ mean the Small Business Administration 

9 and the Administrator thereof, respectively; and 

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

11 same meaning as in section 3 of the Small Business 

12 Act (15 U.S.C. 632). 

13 SEC. 1402. None of the funds made available under 

14 this Act or any other appropriations Act for any fiscal year 

15 may be used by the Small Business Administration to im16 plement the rule relating to women-owned small business 

17 Federal contract assistance procedures published in the 

18 Federal Register on October 1, 2008 (73 Fed. Reg. 56940 

19 et seq.). 


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1 CHAPTER 5 

2 DEPARTMENT OF HOMELAND SECURITY 

3 U.S. CUSTOMS AND BORDER PROTECTION

4 BORDER SECURITY, FENCING, INFRASTRUCTURE, AND

5 TECHNOLOGY

6 For an additional amount for ‘‘Border Security, 

7 Fencing, Infrastructure, and Technology’’, $303,000,000, 

8 to remain available until expended; of which not less that 

9 $215,000,000 shall be for development and deployment of 

10 border security technology on the Southwest border; and 

11 of which not less than $88,000,000 shall be for procure12 ment and deployment of tactical communications equip13 ment and land mobile radios for the U.S. Border Patrol. 

14 CONSTRUCTION

15 For an additional amount for ‘‘Construction’’, 

16 $100,000,000, to remain available until expended, to re17 pair and construct inspection facilities at land border 

18 ports of entry. 

19 TRANSPORTATION SECURITY ADMINISTRATION

20 AVIATION SECURITY

21 For an additional amount for ‘‘Aviation Security’’, 

22 $500,000,000, to remain available until expended; of 

23 which $300,000,000 shall be for procurement and installa24 tion of checked baggage explosives detection systems; and 

25 of which $200,000,000 shall be for checkpoint explosives 

26 detection equipment: Provided, That no later than 90 days 


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1 after the date of enactment of this Act, the Secretary of 

2 Homeland Security shall provide the Committees on Ap3 propriations of the Senate and the House of Representa4 tives a plan for the expenditure of these funds. 

5 COAST GUARD

6 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

7 For an additional amount for ‘‘Acquisition, Construc8 tion, and Improvements’’, $1,220,000,000, to remain 

9 available until expended; of which $925,000,000 shall be 

10 for the acquisition of a new polar icebreaker or for nec11 essary expenses related to the service life extension of ex12 isting Coast Guard polar icebreakers; of which 

13 $150,000,000 shall be for the National Security Cutter 

14 program; and of which $145,000,000 shall be for shore 

15 facilities and aids to navigation facilities: Provided, That 

16 no later than 90 days after the date of enactment of this 

17 Act, the Secretary of Homeland Security shall provide the 

18 Committees on Appropriations of the Senate and the 

19 House of Representatives a plan for the expenditure of 

20 these funds. 

21 ALTERATION OF BRIDGES

22 For an additional amount for alteration or removal 

23 of obstructive bridges, as authorized by section 6 of the 

24 Truman-Hobbs Act (33 U.S.C. 516), $90,000,000, to re25 main available until expended: Provided, That no later 

26 than 90 days after the date of enactment of this Act, the 


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1 Secretary of Homeland Security shall provide the Commit2 tees on Appropriations of the Senate and the House of 

3 Representatives an expenditure plan detailing how the 

4 Coast Guard will allocate the additional funds appro5 priated under this heading for bridges ready to proceed 

6 to construction. 

7 FEDERAL EMERGENCY MANAGEMENT AGENCY

8 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

9 Notwithstanding section 417(b) of the Robert T. 

10 Stafford Disaster Relief and Emergency Assistance Act, 

11 the amount of any such loan issued pursuant to this sec12 tion for major disasters occurring in calendar year 2008 

13 may exceed $5,000,000, and may be equal to not more 

14 than 50 percent of the annual operating budget of the 

15 local government in any case in which that local govern16 ment has suffered a loss of 25 percent or more in tax reve17 nues. 

18 FEDERAL LAW ENFORCEMENT TRAINING CENTER

19 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

20 RELATED EXPENSES

21 For an additional amount for ‘‘Acquisition, Construc22 tion, Improvements, and Related Expenses’’, $9,000,000, 

23 to remain available until expended, for security upgrades 

24 to the Federal Law Enforcement Training Center’s bor25 der-related training facilities. 


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1 CHAPTER 6 

2 DEPARTMENT OF THE INTERIOR 

3 BUREAU OF LAND MANAGEMENT

4 CONSTRUCTION

5 For an additional amount for ‘‘Construction’’, 

6 $147,000,000, to remain available until September 30, 

7 2010, of which $114,000,000 shall be for deferred mainte8 nance projects, including the repair of earthen dams; of 

9 which $15,000,000 shall be for restoration and rehabilita10 tion of trails; and of which $18,000,000 shall be for reme11 diation of abandoned mine sites: Provided, That the Sec12 retary shall utilize to the maximum extent possible the 

13 Public Land Corps, the Youth Conservation Corps, and 

14 other related partnerships with State, local, tribal or non15 profit groups that serve young adults. 

16 UNITED STATES FISH AND WILDLIFE SERVICE

17 CONSTRUCTION

18 For an additional amount for ‘‘Construction’’, 

19 $88,000,000, to remain available until September 30, 

20 2010, for refuge and hatchery deferred maintenance 

21 projects: Provided, That the Secretary shall utilize to the 

22 maximum extent possible the Public Land Corps, the 

23 Youth Conservation Corps, and other related partnerships 

24 with State, local, tribal or nonprofit groups that serve 

25 young adults. 


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1 NATIONAL PARK SERVICE

2 CONSTRUCTION

3 For an additional amount for ‘‘Construction’’, 

4 $105,000,000, to remain available until September 30, 

5 2010, of which $45,000,000 shall be for deferred mainte6 nance projects; of which $45,000,000 shall be for restora7 tion and rehabilitation of trails; and of which $15,000,000 

8 shall be for remediation of abandoned mine sites: Pro9 vided, That the Secretary shall utilize to the maximum ex10 tent possible the Public Land Corps, the Youth Conserva11 tion Corps, and other related partnerships with State, 

12 local, tribal or nonprofit groups that serve young adults. 

13 UNITED STATES GEOLOGICAL SURVEY

14 SURVEYS, INVESTIGATIONS, AND RESEARCH

15 For an additional amount for ‘‘Surveys, Investiga16 tions, and Research’’, $84,000,000, to remain available 

17 until September 30, 2010, for repair and restoration of 

18 facilities and other deferred maintenance projects. 

19 BUREAU OF INDIAN AFFAIRS

20 CONSTRUCTION

21 For an additional amount for ‘‘Construction’’, 

22 $200,000,000, to remain available until September 30, 

23 2010, for repair and restoration of bureau-operated facili24 ties and other deferred maintenance projects. 


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1 ENVIRONMENTAL PROTECTION AGENCY 

2 STATE AND TRIBAL ASSISTANCE GRANTS

3 For an additional amount for ‘‘State and Tribal As4 sistance Grants’’, $2,500,000,000, to remain available 

5 until expended, of which $1,750,000,000 shall be for mak6 ing capitalization grants for the Clean Water State Re7 volving Funds under title VI of the Federal Water Pollu8 tion Control Act, as amended; and of which $750,000,000 

9 shall be for making capitalization grants for the Drinking 

10 Water State Revolving Funds under section 1452 of the 

11 Safe Drinking Water Act, as amended: Provided, That 

12 none of these funds shall be subject to State matching re13 quirements: Provided further, That of the amount made 

14 available for the Clean Water State Revolving Fund, not 

15 to exceed 1.5 percent may be set aside for grants to tribes 

16 pursuant to section 518(c) of the Federal Water Pollution 

17 Water Control Act. 

18 DEPARTMENT OF AGRICULTURE 

19 FOREST SERVICE

20 CAPITAL IMPROVEMENT AND MAINTENANCE

21 For an additional amount for ‘‘Capital Improvement 

22 and Maintenance’’, $425,000,000, to remain available 

23 until September 30, 2010, for deferred maintenance 

24 projects, which may include remediation of abandoned 

25 mine sites: Provided, That the Secretary shall utilize to 


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1 the maximum extent possible the Public Land Corps, the 

2 Youth Conservation Corps, and other related partnerships 

3 with State, local, tribal or nonprofit groups that serve 

4 young adults. 

5 SMITHSONIAN INSTITUTION 

6 FACILITIES CAPITAL

7 For an additional amount for ‘‘Facilities Capital’’, 

8 $93,500,000, to remain available until September 30, 

9 2010, for deferred maintenance projects. 

10 GENERAL PROVISION—THIS CHAPTER 

11 SEC. 1601. Notwithstanding any other provision of 

12 law, including section 152 of division A of H.R. 2638 

13 (110th Congress), the Consolidated Security, Disaster As14 sistance, and Continuing Appropriations Act, 2009, the 

15 terms and conditions contained in section 433 of division 

16 F of Public Law 110–161 shall remain in effect for the 

17 fiscal year ending September 30, 2009. 

18 CHAPTER 7 

19 DEPARTMENT OF LABOR 

20 EMPLOYMENT AND TRAINING ADMINISTRATION

21 TRAINING AND EMPLOYMENT SERVICES

22 For an additional amount for ‘‘Training and Employ23 ment Services’’ under the Employment and Training Ad24 ministration, $600,000,000, for youth activities and dis25 located worker activities authorized by the Workforce InVerDate Aug 31 2005 22:14 Nov 18, 2008 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S3689.PCS S3689

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1 vestment Act of 1998 (‘‘WIA’’): Provided, That 

2 $300,000,000 shall be for youth activities and available 

3 through June 30, 2009: Provided further, That 

4 $300,000,000 shall be for dislocated worker employment 

5 and training activities and available for the period July 

6 1, 2008 through June 30, 2009: Provided further, That 

7 no portion of funds available under this heading in this 

8 Act shall be reserved to carry out section 127(b)(1)(A), 

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

10 further, That the work readiness performance indicator de11 scribed in section 136(b)(2)(A)(ii)(I) of the WIA shall be 

12 the only measure of performance used to assess the effec13 tiveness of the youth activities, and that the performance 

14 indicators in section 136(b)(2)(A)(i) of the WIA shall be 

15 the measures of performance used to assess the effective16 ness of the dislocated worker activities funded with such 

17 funds: Provided further, That, notwithstanding any other 

18 provision of law, additional funds for youth activities pro19 vided by this Act shall be allotted as if the total amount 

20 of funding available for youth activities in program year 

21 2008 is less than $1,000,000,000. 


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1 DEPARTMENT OF HEALTH AND HUMAN 

2 SERVICES 

3 CENTERS FOR DISEASE CONTROL AND PREVENTION

4 DISEASE CONTROL, RESEARCH, AND TRAINING

5 For an additional amount for ‘‘Disease Control, Re6 search, and Training’’, $46,000,000, of which 

7 $20,000,000 shall be to continue and expand investiga8 tions to determine the root causes of disease clusters, in9 cluding but not limited to polycythemia vera clusters; of 

10 which $21,000,000 shall be for the prevention of and re11 sponse to medical errors including research, education and 

12 outreach activities; and of which $5,000,000 shall be for 

13 responding to outbreaks of communicable diseases related 

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

15 reimbursement of local health departments for testing and 

16 genetic sequencing of persons potentially exposed. 

17 NATIONAL INSTITUTES OF HEALTH

18 OFFICE OF THE DIRECTOR

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for ‘‘Office of the Direc21 tor’’, $1,000,000,000, which shall be transferred to the In22 stitutes and Centers of the National Institutes of Health 

23 and to the Common Fund established under section 

24 402A(c)(1) of the Public Health Service Act in proportion 

25 to the appropriations otherwise made to such Institutes, 

26 Centers, and Common Fund for fiscal year 2008: ProVerDate Aug 31 2005 22:14 Nov 18, 2008 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3689.PCS S3689

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1 vided, That funds shall be used to support additional sci2 entific research and be available for the same purposes 

3 as the appropriation or fund to which transferred: Pro4 vided further, That this transfer authority is in addition 

5 to any other transfer authority available to the National 

6 Institutes of Health: Provided further, That none of these 

7 funds may be transferred to ‘‘National Institutes of 

8 Health—Buildings and Facilities’’, the Center for Sci9 entific Review, the Center for Information Technology, the 

10 Clinical Center, the Global Fund for HIV/AIDS, Tuber11 culosis and Malaria, or the Office of the Director (except 

12 for the transfer to the Common Fund). 

13 ADMINISTRATION FOR CHILDREN AND FAMILIES

14 CHILDREN AND FAMILIES SERVICES PROGRAMS

15 For an additional amount for ‘‘Children and Families 

16 Services Programs’’ for carrying out activities under sec17 tions 674 through 679 of the Community Services Block 

18 Grant Act, $200,000,000, of which no part shall be sub19 ject to paragraph (3) of section 674(b) of such Act. 

20 ADMINISTRATION ON AGING

21 AGING SERVICES PROGRAMS

22 For an additional amount for ‘‘Aging Services Pro23 grams’’, $60,000,000, of which $40,750,000 shall be for 

24 Congregate Nutrition Services and $19,250,000 shall be 

25 for Home-Delivered Nutrition Services. 


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1 OFFICE OF THE SECRETARY

2 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

3 FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for the ‘‘Public Health and 

6 Social Services Emergency Fund’’ to support activities re7 lated to countering potential biological, nuclear, radio8 logical and chemical threats to civilian populations, and 

9 for other public health emergencies, $542,000,000: Pro10 vided, That $473,000,000 is for advanced research and 

11 development of medical countermeasures and ancillary 

12 products: Provided further, That $50,000,000 is available 

13 to support the delivery of medical countermeasures, of 

14 which up to $20,000,000 may be made available to the 

15 United States Postal Service to support such delivery. 

16 For an additional amount for the ‘‘Public Health and 

17 Social Services Emergency Fund’’ to prepare for and re18 spond to an influenza pandemic, $363,000,000, for activi19 ties including the development and purchase of vaccine, 

20 antivirals, necessary medical supplies, diagnostics, and 

21 other surveillance tools: Provided, That products pur22 chased with these funds may, at the discretion of the Sec23 retary, be deposited in the Strategic National Stockpile: 

24 Provided further, That notwithstanding section 496(b) of 

25 the Public Health Service Act, funds may be used for the 

26 construction or renovation of privately owned facilities for 


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1 the production of pandemic influenza vaccines and other 

2 biologics, where the Secretary finds such a contract nec3 essary to secure sufficient supplies of such vaccines or bio4 logics: Provided further, That funds appropriated herein 

5 may be transferred to other appropriation accounts of the 

6 Department of Health and Human Services, as deter7 mined by the Secretary to be appropriate, to be used for 

8 the purposes specified in this sentence. 

9 DEPARTMENT OF EDUCATION 

10 For carrying out section 1702 of this Act, 

11 $2,500,000,000, which shall be available for obligation 

12 from July 1, 2008 through September 30, 2009. 

13 SCHOOL IMPROVEMENT PROGRAMS

14 For an additional amount for ‘‘School Improvement 

15 Programs’’, $36,000,000, for carrying out activities au16 thorized by subtitle B of title VII of the McKinney-Vento 

17 Homeless Assistance Act: Provided, That the Secretary 

18 shall make such funds available on a competitive basis to 

19 local educational agencies that demonstrate a high need 

20 for such assistance. 

21 GENERAL PROVISIONS—THIS CHAPTER 

22 SEC. 1701. REPORT ON THE IMPACT OF PAST AND

23 FUTURE MINIMUM WAGE INCREASES. (a) IN GENERAL.— 

24 Section 8104 of the U.S. Troop Readiness, Veterans’ 

25 Care, Katrina Recovery, and Iraq Accountability ApproVerDate Aug 31 2005 22:14 Nov 18, 2008 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S3689.PCS S3689

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

2 is amended to read as follows: 

3 ‘‘SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE 

4 MINIMUM WAGE INCREASES. 

5 ‘‘(a) STUDY.—Beginning on the date that is 60 days 

6 after the date of enactment of this Act, and every year 

7 thereafter until the minimum wage in the respective terri8 tory is $7.25 per hour, the Government Accountability Of9 fice shall conduct a study to— 

10 ‘‘(1) assess the impact of the minimum wage 

11 increases that occurred in American Samoa and the 

12 Commonwealth of the Northern Mariana Islands in 

13 2007 and 2008, as required under Public Law 110– 

14 28, on the rates of employment and the living stand15 ards of workers, with full consideration of the other 

16 factors that impact rates of employment and the liv17 ing standards of workers such as inflation in the 

18 cost of food, energy, and other commodities; and 

19 ‘‘(2) estimate the impact of any further wage 

20 increases on rates of employment and the living 

21 standards of workers in American Samoa and the 

22 Commonwealth of the Northern Mariana Islands, 

23 with full consideration of the other factors that may 

24 impact the rates of employment and the living 

25 standards of workers, including assessing how the 


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1 profitability of major private sector firms may be 

2 impacted by wage increases in comparison to other 

3 factors such as energy costs and the value of tax 

4 benefits. 

5 ‘‘(b) REPORT.—No earlier than March 15, 2009, and 

6 not later than April 15, 2009, the Government Account7 ability Office shall transmit its first report to Congress 

8 concerning the findings of the study required under sub9 section (a). The Government Accountability Office shall 

10 transmit any subsequent reports to Congress concerning 

11 the findings of a study required by subsection (a) between 

12 March 15 and April 15 of each year. 

13 ‘‘(c) ECONOMIC INFORMATION.—To provide suffi14 cient economic data for the conduct of the study under 

15 subsection (a)— 

16 ‘‘(1) the Department of Labor shall include and 

17 separately report on American Samoa and the Com18 monwealth of the Northern Mariana Islands in its 

19 household surveys and establishment surveys; 

20 ‘‘(2) the Bureau of Economic Analysis of the 

21 Department of Commerce shall include and sepa22 rately report on American Samoa and the Common23 wealth of the Northern Mariana Islands in its gross 

24 domestic product data; and 


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1 ‘‘(3) the Bureau of the Census of the Depart2 ment of Commerce shall include and separately re3 port on American Samoa and the Commonwealth of 

4 the Northern Mariana Islands in its population esti5 mates and demographic profiles from the American 

6 Community Survey, 

7 with the same regularity and to the same extent as the 

8 Department or each Bureau collects and reports such data 

9 for the 50 States. In the event that the inclusion of Amer10 ican Samoa and the Commonwealth of the Northern Mar11 iana Islands in such surveys and data compilations re12 quires time to structure and implement, the Department 

13 of Labor, the Bureau of Economic Analysis, and the Bu14 reau of the Census (as the case may be) shall in the in15 terim annually report the best available data that can fea16 sibly be secured with respect to such territories. Such in17 terim reports shall describe the steps the Department or 

18 the respective Bureau will take to improve future data col19 lection in the territories to achieve comparability with the 

20 data collected in the United States. The Department of 

21 Labor, the Bureau of Economic Analysis, and the Bureau 

22 of the Census, together with the Department of the Inte23 rior, shall coordinate their efforts to achieve such improve24 ments.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall take effect on the date of enactment of 

3 this Act. 

4 SEC. 1702. GRANTS FOR SCHOOL RENOVATION. (a) 

5 ALLOCATION OF FUNDS.— 

6 (1) RESERVATION.—From the funds appro7 priated to carry out this section for a fiscal year, the 

8 Secretary shall reserve 1 percent to provide assist9 ance under this section to the outlying areas and for 

10 payments to the Secretary of the Interior to provide 

11 assistance consistent with this section to schools 

12 funded by the Bureau of Indian Education. Funds 

13 reserved under this subsection shall be distributed 

14 by the Secretary among the outlying areas and the 

15 Secretary of the Interior on the basis of their rel16 ative need, as determined by the Secretary, in ac17 cordance with the purposes of this section. 

18 (2) ALLOCATION TO STATE EDUCATIONAL

19 AGENCIES.—After making the reservation described 

20 in paragraph (1), from the remainder of the appro21 priated funds described in paragraph (1), the Sec22 retary shall allocate to each State educational agen23 cy serving a State an amount that bears the same 

24 relation to the remainder for the fiscal year as the 

25 amount the State received under part A of title I of 


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1 such Act for fiscal year 2008 bears to the amount 

2 all States received under such part for fiscal year 

3 2008, except that no such State educational agency 

4 shall receive less than 0.5 percent of the amount al5 located under this paragraph. 

6 (b) WITHIN-STATE ALLOCATIONS.— 

7 (1) ADMINISTRATIVE COSTS.— 

8 (A) STATE EDUCATIONAL AGENCY ADMIN9 ISTRATION.—Except as provided in subpara10 graph (C), each State educational agency may 

11 reserve not more than 1 percent of its allocation 

12 under subsection (a)(2) or $1,000,000, which13 ever is less, for the purpose of administering 

14 the distribution of grants under this subsection. 

15 (B) REQUIRED USES.—The State edu16 cational agency shall use a portion of the re17 served funds to establish or support a State18 level database of public school facility inventory, 

19 condition, design, and utilization. 

20 (C) STATE ENTITY ADMINISTRATION.—If 

21 the State educational agency transfers funds to 

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

23 the State educational agency shall transfer to 

24 such entity 0.75 of the amount reserved under 


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1 this paragraph for the purpose of administering 

2 the distribution of grants under this subsection. 

3 (2) RESERVATION FOR COMPETITIVE SCHOOL

4 REPAIR AND RENOVATION GRANTS TO LOCAL EDU5 CATIONAL AGENCIES.— 

6 (A) IN GENERAL.—Subject to the reserva7 tion under paragraph (1), of the funds allocated 

8 to a State educational agency under subsection 

9 (a)(2), the State educational agency shall dis10 tribute 100 percent of such funds to local edu11 cational agencies or, if such State educational 

12 agency is not responsible for the financing of 

13 education facilities, the State educational agen14 cy shall transfer such funds to the State entity 

15 responsible for the financing of education facili16 ties (referred to in this section as the ‘‘State 

17 entity’’) for distribution by such entity to local 

18 educational agencies in accordance with this 

19 paragraph, to be used, consistent with sub20 section (c), for school repair and renovation. 

21 (B) COMPETITIVE GRANTS TO LOCAL EDU22 CATIONAL AGENCIES.—The State educational 

23 agency or State entity shall carry out a pro24 gram awarding grants, on a competitive basis, 

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1 scribed in subparagraph (A). Of the total 

2 amount available for distribution to local edu3 cational agencies under this paragraph, the 

4 State educational agency or State entity, shall, 

5 in carrying out the grant competition— 

6 (i) award to high-need local edu7 cational agencies, in the aggregate, at least 

8 an amount which bears the same relation9 ship to such total amount as the aggregate 

10 amount such high-need local educational 

11 agencies received under part A of title I of 

12 the Elementary and Secondary Education 

13 Act of 1965 (20 U.S.C. 6311 et seq.) for 

14 fiscal year 2008 bears to the aggregate 

15 amount received for such fiscal year under 

16 such part by all local educational agencies 

17 in the State; 

18 (ii) award to rural local educational 

19 agencies in the State, in the aggregate, at 

20 least an amount which bears the same re21 lationship to such total amount as the ag22 gregate amount such rural local edu23 cational agencies received under such part 

24 for fiscal year 2008 bears to the aggregate 

25 amount received for such fiscal year under 


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1 such part by all local educational agencies 

2 in the State; and 

3 (iii) award the remaining funds to 

4 local educational agencies not receiving an 

5 award under clause (i) or (ii), including 

6 high-need local educational agencies and 

7 rural local educational agencies that did 

8 not receive such an award. 

9 (C) CRITERIA FOR AWARDING GRANTS.— 

10 In awarding competitive grants under this para11 graph, a State educational agency or State enti12 ty shall take into account the following criteria: 

13 (i) PERCENTAGE OF POOR CHIL14 DREN.—The percentage of poor children 5 

15 to 17 years of age, inclusive, in a local 

16 educational agency. 

17 (ii) NEED FOR SCHOOL REPAIR AND

18 RENOVATION.—The need of a local edu19 cational agency for school repair and ren20 ovation, as demonstrated by the condition 

21 of the public school facilities of the local 

22 educational agency. 

23 (iii) FISCAL CAPACITY.—The fiscal ca24 pacity of a local educational agency to 

25 meet the needs of the local educational 


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1 agency for repair and renovation of public 

2 school facilities without assistance under 

3 this section, including the ability of the 

4 local educational agency to raise funds 

5 through the use of local bonding capacity 

6 and otherwise. 

7 (iv) CHARTER SCHOOL ACCESS TO

8 FUNDING.—In the case of a local edu9 cational agency that proposes to fund a re10 pair or renovation project for a charter 

11 school, the extent to which the school has 

12 access to funding for the project through 

13 the financing methods available to other 

14 public schools or local educational agencies 

15 in the State. 

16 (v) LIKELIHOOD OF MAINTAINING

17 THE FACILITY.—The likelihood that the 

18 local educational agency will maintain, in 

19 good condition, any facility whose repair or 

20 renovation is assisted under this section. 

21 (D) MATCHING REQUIREMENT.— 

22 (i) IN GENERAL.—A State educational 

23 agency or State entity shall require local 

24 educational agencies to match funds 

25 awarded under this subsection. 


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1 (ii) MATCH AMOUNT.—The amount of 

2 a match described in clause (i) may be es3 tablished by using a sliding scale that 

4 takes into account the relative poverty of 

5 the population served by the local edu6 cational agency. 

7 (c) RULES APPLICABLE TO SCHOOL REPAIR AND

8 RENOVATION.—With respect to funds made available 

9 under this section that are used for school repair and ren10 ovation, the following rules shall apply: 

11 (1) PERMISSIBLE USES OF FUNDS.—School re12 pair and renovation shall be limited to 1 or more of 

13 the following: 

14 (A) EMERGENCY REPAIRS OR RENOVA15 TIONS.—Emergency repairs or renovations to 

16 public school facilities only to ensure the health 

17 and safety of students and staff, including— 

18 (i) repairing, replacing, or installing 

19 roofs, windows, doors, electrical wiring, 

20 plumbing systems, or sewage systems; 

21 (ii) repairing, replacing, or installing 

22 heating, ventilation, or air conditioning 

23 systems (including insulation); and 

24 (iii) bringing public schools into com25 pliance with fire and safety codes. 


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1 (B) MODIFICATIONS FOR COMPLIANCE

2 WITH THE AMERICANS WITH DISABILITIES ACT

3 OF 1990.—School facilities modifications nec4 essary to render public school facilities acces5 sible in order to comply with the Americans 

6 with Disabilities Act of 1990 (42 U.S.C. 12101 

7 et seq.). 

8 (C) MODIFICATIONS FOR COMPLIANCE

9 WITH SECTION 504 OF THE REHABILITATION

10 ACT OF 1973.—School facilities modifications 

11 necessary to render public school facilities ac12 cessible in order to comply with section 504 of 

13 the Rehabilitation Act of 1973 (29 U.S.C. 794). 

14 (D) ASBESTOS ABATEMENT OR RE15 MOVAL.—Asbestos abatement or removal from 

16 public school facilities. 

17 (E) CHARTER SCHOOL BUILDING INFRA18 STRUCTURE.—Renovation and repair needs re19 lated to the building infrastructure of a charter 

20 school. 

21 (2) IMPERMISSIBLE USES OF FUNDS.—No 

22 funds received under this section may be used for— 

23 (A) payment of maintenance costs in con24 nection with any projects constructed in whole 


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1 or part with Federal funds provided under this 

2 section; 

3 (B) the construction of new facilities; or 

4 (C) stadiums or other facilities primarily 

5 used for athletic contests or exhibitions or other 

6 events for which admission is charged to the 

7 general public. 

8 (3) SUPPLEMENT, NOT SUPPLANT.—Excluding 

9 the uses described in subparagraphs (B) and (C) of 

10 paragraph (1), a local educational agency shall use 

11 Federal funds subject to this subsection only to sup12 plement the amount of funds that would, in the ab13 sence of such Federal funds, be made available from 

14 non-Federal sources for school repair and renova15 tion. 

16 (d) QUALIFIED BIDDERS; COMPETITION.—Each local 

17 educational agency that receives funds under this section 

18 shall ensure that, if the local educational agency carries 

19 out repair or renovation through a contract, any such con20 tract process ensures the maximum number of qualified 

21 bidders, including small, minority, and women-owned busi22 nesses, through full and open competition. 

23 (e) REPORTING.— 

24 (1) LOCAL REPORTING.—Each local educational 

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1 section (a)(2) shall submit a report to the State edu2 cational agency, at such time as the State edu3 cational agency may require, describing the use of 

4 such funds for school repair and renovation. 

5 (2) STATE REPORTING.—Each State edu6 cational agency receiving funds made available under 

7 subsection (a)(2) shall submit to the Secretary, not 

8 later than December 31, 2010, a report on the use 

9 of funds received under subsection (a)(2) and made 

10 available to local educational agencies for school re11 pair and renovation. 

12 (f) REALLOCATION.—If a State educational agency 

13 does not apply for an allocation of funds under subsection 

14 (a)(2) for a fiscal year, or does not use its entire allocation 

15 for such fiscal year, then the Secretary may reallocate the 

16 amount of the State educational agency’s allocation (or 

17 the remainder thereof, as the case may be) for such fiscal 

18 year to the remaining State educational agencies in ac19 cordance with subsection (a)(2). 

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

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

22 school’’ has the meaning given the term in section 

23 5210 of the Elementary and Secondary Education 

24 Act of 1965 (20 U.S.C. 7221i). 


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1 (2) HIGH-NEED LOCAL EDUCATIONAL AGEN2 CY.—The term ‘‘high-need local educational agency’’ 

3 has the meaning given the term in section 

4 2102(3)(A) of such Act (20 U.S.C. 6602(3)(A)). 

5 (3) LOCAL EDUCATIONAL AGENCY; SECRETARY; 

6 STATE EDUCATIONAL AGENCY.—The terms ‘‘local 

7 educational agency’’, ‘‘Secretary’’, and ‘‘State edu8 cational agency’’ have the meanings given the terms 

9 in section 9101 of such Act (20 U.S.C. 7801). 

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

11 area’’ has the meaning given the term in section 

12 1121(c) of such Act (20 U.S.C. 6331(c)). 

13 (5) POOR CHILDREN.—The term ‘‘poor chil14 dren’’ refers to children 5 to 17 years of age, inclu15 sive, who are from families with incomes below the 

16 poverty line (as defined by the Office of Manage17 ment and Budget and revised annually in accordance 

18 with section 673(2) of the Community Services 

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

20 a family of the size involved for the most recent fis21 cal year for which data satisfactory to the Secretary 

22 are available. 

23 (6) RURAL LOCAL EDUCATIONAL AGENCY.— 

24 The term ‘‘rural local educational agency’’ means a 

25 local educational agency that the State determines is 


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1 located in a rural area using objective data and a 

2 commonly employed definition of the term ‘‘rural’’. 

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

4 the several states of the United States, the District 

5 of Columbia, and the Commonwealth of Puerto Rico. 

6 SEC. 1703. RESTORATION OF ACCESS TO NOMINAL

7 DRUG PRICING FOR CERTAIN CLINICS AND HEALTH CEN8 TERS. (a) IN GENERAL.—Section 1927(c)(1)(D) of the 

9 Social Security Act (42 U.S.C. §1396r-8(c)(1)(D)), as 

10 added by section 6001(d)(2) of the Deficit Reduction Act 

11 of 2005 (Public Law 109–171), is amended— 

12 (1) in clause (i)— 

13 (A) by redesignating subclause (IV) as 

14 subclause (VI); and 

15 (B) by inserting after subclause (III) the 

16 following: 

17 ‘‘(IV) An entity that— 

18 ‘‘(aa) is described in section 

19 501(c)(3) of the Internal Rev20 enue Code of 1986 and exempt 

21 from tax under section 501(a) of 

22 such Act or is State-owned or op23 erated; and 

24 ‘‘(bb) would be a covered en25 tity described in section 


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1 340(B)(a)(4) of the Public 

2 Health Service Act insofar as the 

3 entity provides the same type of 

4 services to the same type of pop5 ulations as a covered entity de6 scribed in such section provides, 

7 but does not receive funding 

8 under a provision of law referred 

9 to in such section. 

10 ‘‘(V) A public or nonprofit entity, 

11 or an entity based at an institution of 

12 higher learning whose primary pur13 pose is to provide health care services 

14 to students of that institution, that 

15 provides a service or services de16 scribed under section 1001(a) of the 

17 Public Health Service Act.’’; and 

18 (2) by adding at the end the following new 

19 clause: 

20 ‘‘(iv) RULE OF CONSTRUCTION.— 

21 Nothing in this subparagraph shall be con22 strued to alter any existing statutory or 

23 regulatory prohibition on services with re24 spect to an entity described in subclause 

25 (IV) or (V) of clause (i), including the proVerDate Aug 31 2005 22:14 Nov 18, 2008 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S3689.PCS S3689

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1 hibition set forth in section 1008 of the 

2 Public Health Service Act.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect as if included in the amend5 ment made by section 6001(d)(2) of the Deficit Reduction 

6 Act of 2005. 

7 CHAPTER 8 

8 DEPARTMENT OF DEFENSE 

9 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

10 For an additional amount for ‘‘Military Construction, 

11 Navy and Marine Corps’’, $75,000,000, to remain avail12 able until expended, for the planning, design, and con13 struction of child development centers: Provided, That not14 withstanding any other provision of law, such funds may 

15 be obligated and expended to carry out planning and de16 sign and construction not otherwise authorized by law: 

17 Provided further, That within 30 days of enactment of this 

18 Act, the Secretary of the Navy shall submit to the Com19 mittees on Appropriations of both Houses of Congress an 

20 expenditure plan for funds provided under this heading. 

21 FAMILY HOUSING CONSTRUCTION, ARMY

22 For an additional amount for ‘‘Family Housing Con23 struction, Army’’, $50,000,000, to remain available until 

24 expended, for military family housing construction and im25 provements: Provided, That notwithstanding any other 


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1 provision of law, such funds may be obligated and ex2 pended to carry out planning and design and construction 

3 not otherwise authorized by law: Provided further, That 

4 within 30 days of enactment of this Act, the Secretary 

5 of the Army shall submit to the Committees on Appropria6 tions of both Houses of Congress an expenditure plan for 

7 funds provided under this heading. 

8 FAMILY HOUSING CONSTRUCTION, AIR FORCE

9 For an additional amount for ‘‘Family Housing Con10 struction, Air Force’’, $125,000,000, to remain available 

11 until expended, for military family housing construction 

12 and improvements: Provided, That notwithstanding any 

13 other provision of law, such funds may be obligated and 

14 expended to carry out planning and design and construc15 tion not otherwise authorized by law: Provided further, 

16 That within 30 days of enactment of this Act, the Sec17 retary of the Air Force shall submit to the Committees 

18 on Appropriations of both Houses of Congress an expendi19 ture plan for funds provided under this heading. 

20 GENERAL PROVISION—THIS CHAPTER 

21 SEC. 1801. PAYMENTS TO ELIGIBLE PERSONS WHO

22 SERVED IN THE UNITED STATES ARMY FORCES IN THE

23 FAR EAST DURING WORLD WAR II. (a) FINDINGS.—Con24 gress makes the following findings: 


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1 (1) The Philippine islands became a United 

2 States possession in 1898 when they were ceded 

3 from Spain following the Spanish-American War. 

4 (2) During World War II, Filipinos served in a 

5 variety of units, some of which came under the di6 rect control of the United States Armed Forces. 

7 (3) The regular Philippine Scouts, the new 

8 Philippine Scouts, the Guerilla Services, and more 

9 than 100,000 members of the Philippine Common10 wealth Army were called into the service of the 

11 United States Armed Forces of the Far East on 

12 July 26, 1941, by an executive order of President 

13 Franklin D. Roosevelt. 

14 (4) Even after hostilities had ceased, wartime 

15 service of the new Philippine Scouts continued as a 

16 matter of law until the end of 1946, and the force 

17 gradually disbanded and was disestablished in 1950. 

18 (5) Filipino veterans who were granted benefits 

19 prior to the enactment of the so-called Rescissions 

20 Acts of 1946 (Public Laws 79–301 and 79–391) 

21 currently receive full benefits under laws adminis22 tered by the Secretary of Veterans Affairs, but 

23 under section 107 of title 38, United States Code, 

24 the service of certain other Filipino veterans is 


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1 deemed not to be active service for purposes of such 

2 laws. 

3 (6) These other Filipino veterans only receive 

4 certain benefits under title 38, United States Code, 

5 and, depending on where they legally reside, are paid 

6 such benefit amounts at reduced rates. 

7 (7) The benefits such veterans receive include 

8 service-connected compensation benefits paid under 

9 chapter 11 of title 38, United States Code, depend10 ency indemnity compensation survivor benefits paid 

11 under chapter 13 of title 38, United States Code, 

12 and burial benefits under chapters 23 and 24 of title 

13 38, United States Code, and such benefits are paid 

14 to beneficiaries at the rate of $0.50 per dollar au15 thorized, unless they lawfully reside in the United 

16 States. 

17 (8) Dependents’ educational assistance under 

18 chapter 35 of title 38, United States Code, is also 

19 payable for the dependents of such veterans at the 

20 rate of $0.50 per dollar authorized, regardless of the 

21 veterans’ residency. 

22 (b) COMPENSATION FUND.— 

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

24 of the Treasury a fund to be known as the ‘‘Filipino 


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1 Veterans Equity Compensation Fund’’ (in this sec2 tion referred to as the ‘‘compensation fund’’). 

3 (2) AVAILABILITY OF FUNDS.—Subject to the 

4 availability of appropriations for such purpose, 

5 amounts in the compensation fund shall be available 

6 to the Secretary of Veterans Affairs without fiscal 

7 year limitation to make payments to eligible persons 

8 in accordance with this section. 

9 (c) PAYMENTS.— 

10 (1) IN GENERAL.—During the one-year period 

11 beginning on the date of the enactment of this Act, 

12 the Secretary shall make a payment to an eligible 

13 person who, during such period, submits to the Sec14 retary an application containing such information 

15 and assurances as the Secretary may require. 

16 (2) PAYMENT TO SURVIVING SPOUSE.—If an el17 igible person dies during the period described in 

18 paragraph (1) before payment is made to the eligible 

19 person under this section, the payment otherwise to 

20 be made to the eligible person under this section 

21 shall be made instead to the surviving spouse of the 

22 eligible person. 

23 (d) ELIGIBLE PERSONS.—An eligible person is any 

24 person who served— 


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1 (1) before July 1, 1946, in the organized mili2 tary forces of the Government of the Commonwealth 

3 of the Philippines, while such forces were in the 

4 service of the Armed Forces of the United States 

5 pursuant to the military order of the President 

6 dated July 26, 1941, including among such military 

7 forces organized guerrilla forces under commanders 

8 appointed, designated, or subsequently recognized by 

9 the Commander in Chief, Southwest Pacific Area, or 

10 other competent authority in the Army of the United 

11 States; or 

12 (2) in the Philippine Scouts under section 14 of 

13 the Armed Forces Voluntary Recruitment Act of 

14 1945 (59 Stat. 538). 

15 (e) PAYMENT AMOUNTS.—Each payment under this 

16 section shall be— 

17 (1) in the case of an eligible person who is not 

18 a citizen of the United States, in the amount of 

19 $9,000; and 

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

21 citizen of the United States, in the amount of 

22 $15,000. 

23 (f) LIMITATION.—The Secretary may not make more 

24 than one payment under this section for each person de25 scribed in subsection (d). 


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1 (g) CLARIFICATION OF TREATMENT OF PAYMENTS

2 UNDER CERTAIN LAWS.—Amounts paid to a person 

3 under this section— 

4 (1) shall be treated for purposes of the internal 

5 revenue laws of the United States as damages for 

6 human suffering; and 

7 (2) shall not be included in income or resources 

8 for purposes of determining— 

9 (A) eligibility of an individual to receive 

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

11 title 31, United States Code, or the amount of 

12 such benefits; or 

13 (B) eligibility of an individual to receive 

14 benefits under title II or VIII of the Social Se15 curity Act, or the amount of such benefits. 

16 (h) RELEASE.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the acceptance by an eligible person of a 

19 payment under this section shall be final, and shall 

20 constitute a complete release of any claim against 

21 the United States by reason of any service described 

22 in subsection (d). 

23 (2) PAYMENT OF PREVIOUSLY AWARDED BENE24 FITS.—Nothing in this section shall prohibit a per25 son from receiving any benefit to which the person 


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1 is entitled based on a claim for which benefits are 

2 awarded before the date of the enactment of this 

3 Act, including on a claim for medical care and nurs4 ing care benefits, burial benefits, and any other ben5 efits to which the person is entitled by law. 

6 (i) RECOGNITION OF SERVICE.—The service of a per7 son as described in subsection (d) is hereby recognized as 

8 active military service in the Armed Forces for purposes 

9 of, and to the extent provided in, this section. 

10 (j) REPORTS.—The Secretary shall include, in docu11 ments submitted to Congress by the Secretary in support 

12 of the President’s budget for each fiscal year in which pay13 ments are made from the compensation fund under this 

14 section, detailed information on the operation of the com15 pensation fund, including the number of applicants, the 

16 number of eligible persons receiving benefits, the amounts 

17 paid out of the compensation fund, and the administration 

18 of the compensation fund. 

19 (k) REGULATIONS.—Not later than 90 days after the 

20 date of the enactment of this Act, the Secretary shall pre21 scribe regulations to carry out this section. 

22 (l) AUTHORIZATION OF APPROPRIATION.—There is 

23 authorized to be appropriated to the compensation fund 

24 $198,000,000, to remain available until expended, to make 

25 payments under this section. 


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1 CHAPTER 9 

2 DEPARTMENT OF TRANSPORTATION 

3 FEDERAL AVIATION ADMINISTRATION

4 SUPPLEMENTAL DISCRETIONARY GRANTS FOR AIRPORT

5 INVESTMENT

6 For an additional amount for capital expenditures 

7 authorized under section 47102(3) of title 49, United 

8 States Code, $500,000,000: Provided, That the Secretary 

9 of Transportation shall distribute funds provided under 

10 this heading as discretionary grants to airports that dem11 onstrate to his or her satisfaction their ability to obligate 

12 these funds within 180 days of the date of such distribu13 tion and shall serve to supplement and not supplant 

14 planned expenditures from airport-generated revenues or 

15 from other State and local sources on such activities: Pro16 vided further, That no funds provided under this heading 

17 shall be used for activities not identified on an airport lay18 out plan: Provided further, That the Federal share payable 

19 of the costs for which a grant is made under this heading 

20 shall be 100 percent: Provided further, That the amount 

21 made available under this heading shall not be subject to 

22 any limitation on obligations for the Grants-in-Aid for Air23 ports program set forth in any Act: Provided further, That 

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1 ing must comply with the requirements of subchapter IV 

2 of chapter 31 of title 40, United States Code. 

3 FEDERAL HIGHWAY ADMINISTRATION

4 SUPPLEMENTAL GRANTS TO STATES FOR FEDERAL-AID

5 HIGHWAY INVESTMENT

6 For an additional amount for restoration, repair, con7 struction and other activities eligible under paragraph (b) 

8 of section 133 of title 23, United States Code, 

9 $10,000,000,000: Provided, That the Secretary of Trans10 portation shall transfer $2,000,000 to the Inspector Gen11 eral of the Department of Transportation for costs associ12 ated with audits and investigations of projects and activi13 ties carried out with funds made available to the Depart14 ment of Transportation in this Act: Provided further, That 

15 after making such transfer, the remaining funds provided 

16 under this heading shall be apportioned to States using 

17 the formula set forth in section 104(b)(3) of such title: 

18 Provided further, That funding provided under this head19 ing shall be in addition to any and all funds provided for 

20 fiscal years 2008 and 2009 in any other Act for ‘‘Federal21 aid Highways’’ and shall not affect the distribution of 

22 funds provided for ‘‘Federal-aid Highways’’ in any other 

23 Act: Provided further, That the Secretary of Transpor24 tation shall institute measures to ensure that funds pro25 vided under this heading shall be obligated within 180 


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1 days of the date of their apportionment: Provided further, 

2 That 180 days following the date of such apportionment, 

3 the Secretary shall withdraw and redistribute any unobli4 gated funds utilizing whatever method he or she deems 

5 appropriate to ensure that all funds provided under this 

6 heading shall be obligated promptly: Provided further, 

7 That the Federal share payable on account of any project 

8 or activity carried out with funds made available under 

9 this heading shall be 100 percent of the total cost thereof: 

10 Provided further, That the amount made available under 

11 this heading shall not be subject to any limitation on obli12 gations for Federal-aid highways or highway safety con13 struction programs set forth in any Act: Provided further, 

14 That projects conducted using funds provided under this 

15 heading must comply with the requirements of subchapter 

16 IV of chapter 31 of title 40, United States Code: Provided 

17 further, That for the purposes of the definition of States 

18 for this paragraph, sections 101(a)(32) of title 23, United 

19 States Code, shall apply. 

20 SUPPLEMENTAL GRANTS TO STATES FOR FERRY

21 TRANSPORTATION INVESTMENT

22 For an additional amount for capital expenditures eli23 gible under section 147 of title 23, United States Code, 

24 $60,000,000: Provided, That the Secretary of Transpor25 tation shall distribute funds provided under this heading 

26 as discretionary grants to States, with the highest priority 


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1 given to those projects that demonstrate to his or her sat2 isfaction their ability to obligate these funds within 180 

3 days of the date of such distribution: Provided further, 

4 That the Federal share payable of the costs for which a 

5 grant is made under this heading shall be 100 percent: 

6 Provided further, That the amount made available under 

7 this heading shall not be subject to any limitation on obli8 gations for the Federal-aid highways or highway safety 

9 construction programs set forth in any Act: Provided fur10 ther, That projects conducted using funds provided under 

11 this heading must comply with the requirements of sub12 chapter IV of chapter 31 of title 40, United States Code. 

13 FEDERAL RAILROAD ADMINISTRATION

14 SUPPLEMENTAL GRANTS TO STATES FOR INTERCITY

15 PASSENGER RAIL SERVICE

16 For an additional amount for grants to States to pay 

17 for the cost of projects described in paragraph (2)(A) and 

18 (2)(B) of section 24401 and subsection (b) of section 

19 24105 of title 49, United States Code, $100,000,000: Pro20 vided, That to be eligible for assistance under this para21 graph, the specific project must be on the Statewide 

22 Transportation Improvement Plan at the time of the ap23 plication to qualify: Provided further, That the Secretary 

24 of Transportation shall give priority to projects that dem25 onstrate an ability to obligate funds within 180 days of 


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1 the date of enactment of this Act and to projects that im2 prove the safety and reliability of intercity passenger 

3 trains: Provided further, That the Federal share payable 

4 of the costs for which a grant is made under this heading 

5 shall be 100 percent: Provided further, That projects con6 ducted using funds provided under this heading must com7 ply with the requirements of subchapter IV of chapter 31 

8 of title 40, United States Code. 

9 SUPPLEMENTAL CAPITAL GRANTS TO THE NATIONAL

10 RAILROAD PASSENGER CORPORATION

11 For an additional amount for the immediate invest12 ment in capital projects necessary to maintain and im13 prove national intercity passenger rail service, 

14 $400,000,000: Provided, That funds made available under 

15 this heading shall be allocated directly to the corporation 

16 for the purpose of immediate investment in capital 

17 projects including the rehabilitation of rolling stock for the 

18 purpose of expanding passenger rail capacity: Provided 

19 further, that the Board of Directors shall take measures 

20 to ensure that funds provided under this heading shall be 

21 obligated within 180 days of the enactment of this Act 

22 and shall serve to supplement and not supplant planned 

23 expenditures for such activities from other Federal, State, 

24 local and corporate sources: Provided further, That said 

25 Board of Directors shall certify to the House and Senate 

26 Committees on Appropriations in writing their compliance 


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1 with the preceding proviso: Provided further, That not 

2 more than 50 percent of the funds provided under this 

3 heading may be used for capital projects along the North4 east Corridor. 

5 FEDERAL TRANSIT ADMINISTRATION

6 SUPPLEMENTAL DISCRETIONARY GRANTS FOR PUBLIC

7 TRANSIT INVESTMENT

8 For an additional amount for capital expenditures 

9 authorized under section 5302(a)(1) of title 49, United 

10 States Code, $2,500,000,000: Provided, That the Sec11 retary of Transportation shall apportion funds provided 

12 under this heading based on the formula set forth in sub13 sections (a) through (c) of section 5336 of title 49, United 

14 States Code: Provided further, That the Secretary shall 

15 take such measures necessary to ensure that the minimum 

16 amount of funding distributed under this heading to any 

17 individual transit authority shall not be less than 

18 $100,000: Provided further, That the Secretary of Trans19 portation shall institute measures to ensure that funds 

20 provided under this heading shall be obligated within 180 

21 days of the date of their apportionment: Provided further, 

22 That 180 days following the date of such apportionment, 

23 the Secretary shall withdraw and redistribute any unobli24 gated funds utilizing whatever method he or she deems 

25 appropriate to ensure that all funds provided under this 


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1 paragraph shall be obligated promptly: Provided further, 

2 That the Secretary of Transportation shall make such 

3 funds available to pay for operating expenses to the extent 

4 that a transit authority demonstrates to his or her satis5 faction that such funds are necessary to continue current 

6 services or expand such services to meet increased rider7 ship: Provided further, That the Federal share of the costs 

8 for which a grant is made under this heading shall be 100 

9 percent: Provided further, That the amount made available 

10 under this heading shall not be subject to any limitation 

11 on obligations for transit programs set forth in any Act: 

12 Provided further, That the funds appropriated under this 

13 heading shall be subject to section 5333(a) of title 49, 

14 United States Code but shall not be comingled with funds 

15 available under the Formula and Bus Grants account. 

16 MARITIME ADMINISTRATION

17 SUPPLEMENTAL GRANTS FOR ASSISTANCE TO SMALL

18 SHIPYARDS

19 For an additional amount to make grants to qualified 

20 shipyards as authorized under section 3506 of Public Law 

21 109–163 or section 54101 of title 46, United States Code, 

22 $60,000,000: Provided, That the Secretary of Transpor23 tation shall institute measures to ensure that funds pro24 vided under this heading shall be obligated within 180 

25 days of the date of their distribution. 


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1 DEPARTMENT OF HOUSING AND URBAN 

2 DEVELOPMENT 

3 SUPPLEMENTAL GRANTS TO PUBLIC HOUSING

4 AGENCIES FOR CAPITAL NEEDS

5 For an additional amount for discretionary grants to 

6 public housing agencies for capital expenditures permitted 

7 under section 9(d)(1) of the United States Housing Act 

8 of 1937, as amended, $700,000,000: Provided, That in al9 locating discretionary grants under this paragraph, the 

10 Secretary of Housing and Urban Development shall give 

11 priority consideration to housing agencies that have 

12 projects that are ready-to-go, as well as projects resulting 

13 in the rehabilitation of vacant rental units or improved 

14 energy efficiency: Provided further, That the Secretary 

15 may also give priority to projects that require additional 

16 capital to complete development transactions stalled by 

17 changes in the low-income housing tax credit and housing 

18 bond markets: Provided further, That the Secretary shall 

19 not provide any additional priority to any housing agency 

20 that is under the receivership of the Department and no 

21 housing agency shall receive more than 5 percent of the 

22 total amount provided: Provided further, That notwith23 standing any other provision of law, the Secretary shall 

24 institute measures to ensure that funds provided under 

25 this paragraph shall be obligated within 180 days of the 


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1 date of enactment of this Act and shall serve to supple2 ment and not supplant expenditures from other Federal, 

3 State, or local sources: Provided further, That in admin4 istering funds provided in this paragraph, the Secretary 

5 may waive any provision of any statute or regulation that 

6 the Secretary administers in connection with the obliga7 tion by the Secretary or the use by the recipient of these 

8 funds (except for requirements related to fair housing, 

9 nondiscrimination, labor standards, and the environment), 

10 upon a finding that such waiver is required to facilitate 

11 the timely use of such funds. 

12 SUPPLEMENTAL GRANTS TO PUBLIC HOUSING AGENCIES

13 FOR EXTRAORDINARY ENERGY COSTS

14 For an additional amount for discretionary grants to 

15 public housing agencies for operating expenses permitted 

16 under section 9(e) of the United States Housing Act of 

17 1937 (42 U.S.C. 1437g(e)), $200,000,000: Provided, That 

18 funding provided under this heading shall be used to cover 

19 extraordinary energy costs: Provided further, That to be 

20 eligible for such grants, public housing agencies must 

21 demonstrate to the satisfaction of the Secretary a signifi22 cant increase in energy costs associated with operating 

23 and maintaining public housing: Provided further, That 

24 notwithstanding any other provision of law, the Secretary 

25 shall institute measures to ensure that funds provided 

26 under this paragraph shall be allocated to those public 


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1 housing agencies most in need of such assistance and that 

2 such funds shall be obligated within 180 days of the date 

3 of enactment of this Act: Provided further, That in admin4 istering funds provided in this paragraph, the Secretary 

5 may waive any provision of any statute or regulation that 

6 the Secretary administers in connection with the obliga7 tion by the Secretary or the use by the recipient of these 

8 funds (except for requirements related to fair housing, 

9 nondiscrimination, labor standards and the environment), 

10 upon a finding that such a waiver is required to facilitate 

11 the timely use of such funds. 

12 HOUSING ASSISTANCE FOR TENANTS DISPLACED BY

13 FORECLOSURE

14 For an additional amount to provide relocation and 

15 temporary housing assistance to individuals and families 

16 that rent dwelling units that have been foreclosed upon, 

17 or are in default and where foreclosure is imminent, 

18 $575,000,000: Provided, That the Secretary of Housing 

19 and Urban Development shall establish a formula to allo20 cate amounts made available under this heading to States 

21 and units of general local government (as such terms are 

22 defined in section 102 of the Housing and Community De23 velopment Act of 1974 (42 U.S.C. 5302)): Provided fur24 ther, That in developing the formula, the Secretary shall 

25 consider areas with the greatest need based on the number 

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1 quency and the greatest number and percentage of rental 

2 properties in foreclosure: Provided further, That grantees 

3 shall demonstrate their ability to coordinate with local 

4 Continuums of Care and their ability to serve tenants who 

5 are least likely to obtain stable, affordable housing upon 

6 eviction, including families with children: Provided further, 

7 That funding made available under this heading may be 

8 used for temporary rental assistance, first and last 

9 month’s rent, security deposit, case management services, 

10 or other appropriate services necessary to assist eligible 

11 individuals or families in finding safe and affordable per12 manent housing: Provided further, That the Secretary 

13 shall provide notice of the availability of funding provided 

14 under this heading within 60 days of the enactment of 

15 this Act. 

16 FEDERAL HOUSING ADMINISTRATION

17 INFORMATION TECHNOLOGY

18 For an additional amount to maintain, modernize 

19 and improve technology systems and infrastructure for the 

20 Federal Housing Administration, $36,093,000: Provided, 

21 That these funds shall serve to supplement and not sup22 plant planned expenditures for the Federal Housing Ad23 ministration for information technology maintenance and 

24 development funding provided through the Departmental 

25 Working Capital Fund. 


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1 SALARIES AND EXPENSES

2 For an additional amount for salaries and expenses 

3 for the Federal Housing Administration, $15,000,000: 

4 Provided, That of the total amount provided under this 

5 paragraph, not less than $13,000,000 shall be made avail6 able under the heading ‘‘Housing Personnel Compensation 

7 and Benefits’’ and up to $2,000,000 shall be made avail8 able under the heading ‘‘Management and Administration, 

9 Administration, Operations and Management’’: Provided 

10 further, That with funding provided under this paragraph, 

11 the Federal Housing Administration Commissioner is 

12 hereby authorized to take such actions and perform such 

13 functions as necessary regarding the hiring of personnel 

14 for performing functions of the Federal Housing Adminis15 tration within the Office of Housing. 

16 GENERAL PROVISIONS—THIS CHAPTER 

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

18 States Code, is amended by striking ‘‘or an amount equiv19 alent to the last 3 fiscal years of funding allocated under 

20 subsections (m)(1)(A) and (m)(2)(A)(ii)’’ and inserting 

21 ‘‘or the sum of the funds available for the next three fiscal 

22 years beyond the current fiscal year, assuming an annual 

23 growth of the program of 10 percent’’. 

24 SEC. 1902. No funds provided in this Act or any 

25 other Act may be used by the Secretary of Transportation 


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1 to take any action regarding airline operations at any 

2 United States commercial airport that involves: 

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

4 charge or fee, by the Secretary or the Federal Avia5 tion Administrator, for rights, authorization or per6 mission by them to conduct flight operations at, or 

7 in the navigable airspace of, any such airport; 

8 (2) implementing or facilitating any such auc9 tion, sale or lease, or the imposition of any such 

10 charge or fee by the Secretary or the Administrator 

11 initiated prior to enactment of this Act; or 

12 (3) the withdrawal or involuntary transfer by 

13 the Secretary or Administrator of rights, authoriza14 tions or permissions to operate at, or in the navi15 gable airspace of, any such airport for the purpose 

16 of the auction, sale or lease of such rights, author17 izations or permissions, or the imposition by the Sec18 retary or Administrator of any charge or fee for 

19 such rights, authorization or permission. 

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

21 after the date of enactment of this Act, the Secretary of 

22 Commerce shall conduct a survey to estimate, for any area 

23 for which the President declared a major disaster (as de24 fined in section 102 of the Robert T. Stafford Disaster 

25 Relief and Emergency Assistance Act (42 U.S.C. 5122)) 


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1 during 2008, the total economic output lost, Federal as2 sistance provided, and economic revitalization funds need3 ed to recover from the major disaster. The Secretary of 

4 Commerce shall provide information obtained from the 

5 survey under this paragraph to the Governors of affected 

6 States and the Secretary of Housing and Urban Develop7 ment. 

8 (b) FUNDS.—The Secretary of Housing and Urban 

9 Development shall use information provided under sub10 section (a) in allocating funds provided under the heading 

11 ‘‘Community Planning and Development, Community De12 velopment Fund’’ in Public Law 110–329. 

13 TITLE II—NUTRITION PRO14 GRAMS FOR ECONOMIC STIM15 ULUS 

16 SEC. 2001. NUTRITION PROGRAMS FOR ECONOMIC STIM17 ULUS. 

18 (a) MAXIMUM BENEFIT INCREASE.— 

19 (1) IN GENERAL.—Beginning with the first 

20 month that begins not less than 25 days after the 

21 date of enactment of this Act, the Secretary of Agri22 culture (referred to in this section as the ‘‘Sec23 retary’’) shall increase the cost of the thrifty food 

24 plan for purposes of section 8(a) of the Food and 


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1 Nutrition Act of 2008 (7 U.S.C. 2017(a)) by 10 per2 cent. 

3 (2) TERMINATION OF EFFECTIVENESS.—The 

4 authority provided by this subsection terminates and 

5 has no effect, effective on October 1, 2009. 

6 (b) REQUIREMENTS FOR THE SECRETARY.—In car7 rying out this section, the Secretary shall— 

8 (1) consider the benefit increase described in 

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

10 (2) require a simple process for States to notify 

11 households of the increase in benefits; 

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

13 and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A)) 

14 to apply to any errors in the implementation of this 

15 section, without regard to the 120-day limit de16 scribed in that section; and 

17 (4) disregard the value of benefits resulting 

18 from this section in any required calculations or esti19 mates of benefits if the Secretary determines it is 

20 necessary to ensure efficient administration of pro21 grams authorized under the Food and Nutrition Act 

22 of 2008 (7 U.S.C. 2011 et seq.) or other Federal 

23 programs. 

24 (c) STATE ADMINISTRATIVE EXPENSES.— 


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1 (1) IN GENERAL.—For the costs of State ad2 ministrative expenses associated with carrying out 

3 this section, the Secretary shall make available 

4 $50,000,000, to remain available until expended. 

5 (2) AVAILABILITY OF FUNDS.—Funds described 

6 in paragraph (1) shall be made available to State 

7 agencies based on each State’s share of households 

8 that participate in the supplemental nutrition assist9 ance program established under the Food and Nutri10 tion Act of 2008 (7 U.S.C. 2011 et seq.). 

11 (3) CONSOLIDATED BLOCK GRANTS FOR PUER12 TO RICO AND AMERICAN SAMOA.—For fiscal year 

13 2009, the Secretary shall increase by 10 percent the 

14 amount available for nutrition assistance for eligible 

15 households under the consolidated block grants for 

16 Puerto Rico and American Samoa under section 19 

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

18 2028). 

19 (d) FUNDING.—There are hereby appropriated to the 

20 Secretary such sums as are necessary to carry out this 

21 section, to remain available until September 30, 2010. 

22 TITLE III—STATE FISCAL RELIEF 

23 SEC. 3001. TEMPORARY INCREASE OF MEDICAID FMAP. 

24 (a) PERMITTING MAINTENANCE OF FISCAL YEAR

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1 sections (d), (e), and (f), if the FMAP determined without 

2 regard to this section for a State for fiscal year 2009 is 

3 less than the FMAP as so determined for fiscal year 2008, 

4 the FMAP for the State for fiscal year 2008 shall be sub5 stituted for the State’s FMAP for fiscal year 2009, before 

6 the application of this section. 

7 (b) PERMITTING MAINTENANCE OF FISCAL YEAR

8 2009 FMAP FOR FIRST QUARTER OF FISCAL YEAR

9 2010.—Subject to subsections (d), (e), and (f), if the 

10 FMAP determined without regard to this section for a 

11 State for fiscal year 2010 is less than the FMAP as so 

12 determined for fiscal year 2009, the FMAP for the State 

13 for fiscal year 2009 shall be substituted for the State’s 

14 FMAP for the first calendar quarter of fiscal year 2010, 

15 before the application of this section. 

16 (c) GENERAL 8 PERCENTAGE POINTS INCREASE FOR

17 FISCAL YEAR 2009 AND FIRST CALENDAR QUARTER OF

18 FISCAL YEAR 2010.— 

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

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

21 for the first calendar quarter of fiscal year 2010, the 

22 FMAP (taking into account the application of sub23 sections (a) and (b)) shall be increased by 8.0 per24 centage points. 


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1 (2) INCREASE IN CAP ON MEDICAID PAYMENTS

2 TO TERRITORIES.—Subject to subsections (e) and 

3 (f), with respect to fiscal year 2009 and the first cal4 endar quarter of fiscal year 2010, the amounts oth5 erwise determined for Puerto Rico, the Virgin Is6 lands, Guam, the Northern Mariana Islands, and 

7 American Samoa under subsections (f) and (g) of 

8 section 1108 of the Social Security Act (42 U.S.C. 

9 1308) shall each be increased by an amount equal 

10 to 8.0 percent of such amounts. 

11 (d) SCOPE OF APPLICATION.—The increases in the 

12 FMAP for a State under this section shall apply only for 

13 purposes of title XIX of the Social Security Act and shall 

14 not apply with respect to— 

15 (1) disproportionate share hospital payments 

16 described in section 1923 of such Act (42 U.S.C. 

17 1396r–4); 

18 (2) payments under title IV or XXI of such Act 

19 (42 U.S.C. 601 et seq. and 1397aa et seq.); or 

20 (3) any payments under title XIX of such Act 

21 that are based on the enhanced FMAP described in 

22 section 2105(b) of such Act (42 U.S.C. 1397ee(b)). 

23 (e) STATE INELIGIBILITY.— 

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

25 State is not eligible for an increase in its FMAP 


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

2 amount under subsection (c)(2), if the eligibility 

3 under its State plan under title XIX of the Social 

4 Security Act (including any waiver under such title 

5 or under section 1115 of such Act (42 U.S.C. 

6 1315)) is more restrictive than the eligibility under 

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

8 2008. 

9 (2) STATE REINSTATEMENT OF ELIGIBILITY

10 PERMITTED.—A State that has restricted eligibility 

11 under its State plan under title XIX of the Social 

12 Security Act (including any waiver under such title 

13 or under section 1115 of such Act (42 U.S.C. 

14 1315)) after September 1, 2008, is no longer ineli15 gible under paragraph (1) beginning with the first 

16 calendar quarter in which the State has reinstated 

17 eligibility that is no more restrictive than the eligi18 bility under such plan (or waiver) as in effect on 

19 September 1, 2008. 

20 (3) RULE OF CONSTRUCTION.—Nothing in 

21 paragraph (1) or (2) shall be construed as affecting 

22 a State’s flexibility with respect to benefits offered 

23 under the State Medicaid program under title XIX 

24 of the Social Security Act (42 U.S.C. 1396 et seq.) 


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1 (including any waiver under such title or under sec2 tion 1115 of such Act (42 U.S.C. 1315)). 

3 (f) REQUIREMENTS.— 

4 (1) IN GENERAL.—A State may not use the ad5 ditional Federal funds paid to the State as a result 

6 of this section for purposes of increasing any reserve 

7 or rainy day fund maintained by the State. 

8 (2) ADDITIONAL REQUIREMENT FOR CERTAIN

9 STATES.—In the case of a State that requires polit10 ical subdivisions within the State to contribute to11 ward the non-Federal share of expenditures under 

12 the State Medicaid plan required under section 

13 1902(a)(2) of the Social Security Act (42 U.S.C. 

14 1396a(a)(2)), the State is not eligible for an in15 crease in its FMAP under subsection (c)(1), or an 

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

17 it requires that such political subdivisions pay a 

18 greater percentage of the non-Federal share of such 

19 expenditures for fiscal year 2009, and the first cal20 endar quarter of fiscal year 2010, than the percent21 age that would have been required by the State 

22 under such plan on September 1, 2008, prior to ap23 plication of this section. 

24 (g) DEFINITIONS.—In this section: 


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

2 Federal medical assistance percentage, as defined in 

3 section 1905(b) of the Social Security Act (42 

4 U.S.C. 1396d(b)). 

5 (2) STATE.—The term ‘‘State’’ has the mean6 ing given such term for purposes of title XIX of the 

7 Social Security Act (42 U.S.C. 1396 et seq.). 

8 (h) REPEAL.—Effective as of January 1, 2010, this 

9 section is repealed. 

10 SEC. 3002. TEMPORARY REINSTATEMENT OF AUTHORITY 

11 TO PROVIDE FEDERAL MATCHING PAYMENTS 

12 FOR STATE SPENDING OF CHILD SUPPORT 

13 INCENTIVE PAYMENTS. 

14 During the period that begins on October 1, 2008, 

15 and ends on September 30, 2010, section 455(a)(1) of the 

16 Social Security Act (42 U.S.C. 655(a)(1)) shall be applied 

17 without regard to the amendment made by section 

18 7309(a) of the Deficit Reduction Act of 2005 (Public Law 

19 109–171, 120 Stat. 147). 


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1 TITLE IV—UNEMPLOYMENT 

2 INSURANCE 

3 SEC. 4001. EMERGENCY UNEMPLOYMENT COMPENSATION 

4 PROGRAM. 

5 (a) ADDITIONAL FIRST-TIER BENEFITS.—Section 

6 4002(b)(1) of the Supplemental Appropriations Act, 2008 

7 (26 U.S.C. 3304 note) is amended— 

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

9 inserting ‘‘80’’; and 

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

11 inserting ‘‘20’’. 

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

13 Supplemental Appropriations Act, 2008 (26 U.S.C. 3304 

14 note) is amended by adding at the end the following: 

15 ‘‘(c) SPECIAL RULE.— 

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

17 amount established in an individual’s account under 

18 subsection (b)(1) is exhausted or at any time there19 after, such individual’s State is in an extended ben20 efit period (as determined under paragraph (2)), 

21 such account shall be augmented by an amount 

22 equal to the lesser of— 

23 ‘‘(A) 50 percent of the total amount of 

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1 lowances) payable to the individual during the 

2 individual’s benefit year under the State law, or 

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

4 weekly benefit amount (as determined under 

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

6 ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur7 poses of paragraph (1), a State shall be considered 

8 to be in an extended benefit period, as of any given 

9 time, if— 

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

11 such State under the Federal-State Extended 

12 Unemployment Compensation Act of 1970; 

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

14 for such State under such Act if section 203(d) 

15 of such Act— 

16 ‘‘(i) were applied by substituting ‘4’ 

17 for ‘5’ each place it appears; and 

18 ‘‘(ii) did not include the requirement 

19 under paragraph (1)(A) thereof; or 

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

21 for such State under such Act if— 

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

23 applied to such State (regardless of wheth24 er the State by law had provided for such 

25 application); and 


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1 ‘‘(ii) such section 203(f)— 

2 ‘‘(I) were applied by substituting 

3 ‘6.0’ for ‘6.5’ in paragraph (1)(A)(i) 

4 thereof; and 

5 ‘‘(II) did not include the require6 ment under paragraph (1)(A)(ii) 

7 thereof. 

8 ‘‘(3) LIMITATION.—The account of an indi9 vidual may be augmented not more than once under 

10 this subsection.’’. 

11 (c) PHASEOUT PROVISIONS.—Section 4007(b) of the 

12 Supplemental Appropriations Act, 2008 (26 U.S.C. 3304 

13 note) is amended— 

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

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

16 (2) by striking paragraph (2) and inserting the 

17 following: 

18 ‘‘(2) NO AUGMENTATION AFTER MARCH 31, 

19 2009.—If the amount established in an individual’s 

20 account under subsection (b)(1) is exhausted after 

21 March 31, 2009, then section 4002(c) shall not 

22 apply and such account shall not be augmented 

23 under such section, regardless of whether such indi24 vidual’s State is in an extended benefit period (as 

25 determined under paragraph (2) of such section). 


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1 ‘‘(3) TERMINATION.—No compensation under 

2 this title shall be payable for any week beginning 

3 after November 27, 2009.’’. 

4 (d) EFFECTIVE DATE.— 

5 (1) IN GENERAL.—The amendments made by 

6 this section shall apply as if included in the enact7 ment of the Supplemental Appropriations Act, 2008, 

8 subject to paragraph (2). 

9 (2) ADDITIONAL BENEFITS.—In applying the 

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

11 additional emergency unemployment compensation 

12 made payable by such amendments (which would not 

13 otherwise have been payable if such amendments 

14 had not been enacted) shall be payable only with re15 spect to any week of unemployment beginning on or 

16 after the date of the enactment of this Act. 

17 SEC. 4002. TEMPORARY FEDERAL MATCHING FOR THE 

18 FIRST WEEK OF EXTENDED BENEFITS FOR 

19 STATES WITH NO WAITING WEEK. 

20 With respect to weeks of unemployment beginning 

21 after the date of enactment of this Act and ending on or 

22 before December 8, 2009, subparagraph (B) of section 

23 204(a)(2) of the Federal-State Extended Unemployment 

24 Compensation Act of 1970 (26 U.S.C. 3304 note) shall 

25 not apply. 


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1 TITLE V—NATIONAL PARK 

2 CENTENNIAL FUND ACT 

3 SECTION 5001. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Park Centen5 nial Fund Act’’. 

6 SEC. 5002. DEFINITIONS. 

7 In this Act: 

8 (1) FUND.—The term ‘‘Fund’’ means the Na9 tional Park Centennial Fund established under sec10 tion 5003. 

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

12 fair market value of non-cash contributions provided 

13 by non-Federal partners, which may be in the form 

14 of real property, equipment, supplies and other ex15 pendable property, as well as other goods and serv16 ices. 

17 (3) PROJECT OR PROGRAM.—The term ‘‘Project 

18 or program’’ means a National Park Centennial 

19 Project or Program funded pursuant to this Act. 

20 (4) PROPOSAL.—The term ‘‘Proposal’’ means a 

21 National Park Centennial Proposal submitted pursu22 ant to section 5004. 

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

24 the Secretary of the Interior. 


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1 SEC. 5003. NATIONAL PARK CENTENNIAL FUND. 

2 (a) IN GENERAL.—There is established in the Treas3 ury of the United States a fund which shall be known as 

4 the ‘‘National Park Centennial Fund’’. In each of fiscal 

5 years 2009 through 2018, the Secretary of the Treasury 

6 shall deposit into the Fund the following: 

7 (1) Cash donations received by the National 

8 Park Service in support of projects or programs au9 thorized by this Act. 

10 (2) From the General Fund, an amount equiva11 lent to— 

12 (A) the amount described in paragraph 

13 (1), excluding donations pledged through a let14 ter of credit in a prior year; and 

15 (B) the amount of donations pledged 

16 through letters of credit in the same fiscal year. 

17 (b) LIMITATION ON AMOUNT.—The total amount of 

18 deposits from the General Fund under subsection (a)(2) 

19 shall not exceed, in the aggregate, $1,000,000,000 for fis20 cal years 2009 through 2018. 

21 SEC. 5004. PROGRAM ALLOCATION. 

22 (a) IN GENERAL.—Each fiscal year, the President’s 

23 annual budget submission for the Department of the Inte24 rior shall include a list of proposals which shall be known 

25 as National Park Centennial Proposals. The Secretary 

26 shall establish a standard process for developing the list 


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1 that shall encourage input from both the public and a 

2 broad cross-section of employees at every level of the Na3 tional Park Service. The list— 

4 (1) shall include proposals having an aggregate 

5 cost to the Federal Government equal to the unobli6 gated amount in the Fund; 

7 (2) shall include only proposals consistent with 

8 National Park Service policies and adopted park 

9 planning documents; 

10 (3) may include proposals for any area within 

11 the national park system (as that term is defined in 

12 section 2 of the Act of August 8, 1953 (16 U.S.C. 

13 1c)), clusters of areas within such system, a region 

14 or regions of such system, or such system in its en15 tirety; 

16 (4) shall cumulatively represent a nationwide 

17 array of proposals that is diverse geographically, in 

18 size, scope, magnitude, theme, and variety under the 

19 initiatives described in subsection (b); 

20 (5) shall give priority to proposals dem21 onstrating long-term viability beyond receipts from 

22 the Fund; 

23 (6) shall include only proposals meeting the re24 quirements of one or more of the initiatives set forth 

25 in subsection (b); 


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1 (7) should contain proposals under each of the 

2 initiatives set forth in subsection (b); and 

3 (8) shall give priority to proposals with com4 mitted, non-Federal support but shall also include 

5 proposals funded entirely by the Fund. 

6 (b) NATIONAL PARK CENTENNIAL INITIATIVES.— 

7 The requirements referred to in subsection (a)(6) are as 

8 follows: 

9 (1) EDUCATION IN PARKS CENTENNIAL INITIA10 TIVE.—Proposals for the ‘‘Education in Parks Cen11 tennial Initiative’’ shall meet the following require12 ments: 

13 (A) Priority shall be given to proposals de14 signed to increase National Park-based edu15 cational opportunities for elementary, secondary 

16 and college students particularly those from 

17 populations historically under represented 

18 among visitors to the National Park System. 

19 (B) Priority shall be given to proposals de20 signed to bring students into the National Park 

21 System in person. 

22 (C) Proposals should include strategies for 

23 encouraging young people to become lifelong 

24 advocates for National Parks. 


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1 (D) Proposals shall be developed in con2 sultation with the leadership of educational and 

3 youth organizations expected to participate in 

4 the proposed initiative. 

5 (2) DIVERSITY IN PARKS CENTENNIAL INITIA6 TIVE.— 

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

8 the date of the enactment of this Act, the Sec9 retary shall submit to the Committee on Nat10 ural Resources of the House of Representatives 

11 and the Committee on Energy and Natural Re12 sources of the Senate a report detailing a serv13 ice-wide strategy for increasing diversity among 

14 National Park Service employees at all levels 

15 and visitors to the National Park System. 

16 (B) PROPOSALS.—Proposals for the ‘‘Di17 versity in Parks Centennial Initiative’’ shall 

18 meet the following requirements: 

19 (i) Each proposal shall be based on 

20 recommendations contained in the report 

21 required in subparagraph (A). 

22 (ii) Each proposal shall be designed to 

23 make National Park Service employees, 

24 visitors to the National Park System, or 


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1 both, reflect the diversity of the population 

2 of the United States. 

3 (3) SUPPORTING PARK PROFESSIONALS CEN4 TENNIAL INITIATIVE.—Proposals for the ‘‘Sup5 porting Park Professionals Centennial Initiative’’ 

6 shall meet the following requirements: 

7 (A) Taken as a whole, proposals shall pro8 vide specific opportunities for National Park 

9 Service employees, at all levels, to participate in 

10 professional career development. 

11 (B) Proposals may include National Park 

12 Service-designed, internal professional develop13 ment programs. 

14 (C) Proposals may also be designed to fa15 cilitate participation in external professional de16 velopment programs or established courses of 

17 study by National Park Service employees. 

18 (4) ENVIRONMENTAL LEADERSHIP CENTEN19 NIAL INITIATIVE.—Proposals for the ‘‘Environ20 mental Leadership Centennial Initiative’’ shall meet 

21 the following requirements: 

22 (A) Each proposal shall be designed to do 

23 one or more of the following: 

24 (i) Reduce harmful emissions. 


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1 (ii) Conserve energy or water re2 sources. 

3 (iii) Reduce solid waste production 

4 within the National Park System. 

5 (B) Each proposal shall include strategies 

6 for educating the public regarding Environ7 mental Leadership projects and their results. 

8 (C) Priority shall be given to proposals 

9 with the potential to spread technological ad10 vances to other Federal agencies or to the pri11 vate sector. 

12 (5) NATURAL RESOURCE PROTECTION CENTEN13 NIAL INITIATIVE.—Proposals for the ‘‘Natural Re14 source Protection Centennial Initiative’’ shall meet 

15 the following requirements: 

16 (A) Each proposal shall be designed to re17 store or conserve native ecosystems within the 

18 National Park System. 

19 (B) Priority shall be given to proposals de20 signed to control invasive species. 

21 (C) Each proposal shall be based on the 

22 best available scientific information. 

23 (6) CULTURAL RESOURCE PROTECTION CEN24 TENNIAL INITIATIVE.—Proposals for the ‘‘Cultural 

25 Resource Protection Centennial Initiative’’ shall— 


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1 (A) either— 

2 (i) increase the National Park Serv3 ice’s knowledge of cultural resources lo4 cated within the National Park System 

5 through means including, but not limited 

6 to, surveys, studies, mapping, and docu7 mentation of such resources; or 

8 (ii) improve the condition of docu9 mented cultural resources within the Na10 tional Park System; 

11 (B) incorporate the best available scientific 

12 information; and 

13 (C) where appropriate, be developed in 

14 consultation with Native American tribes, State 

15 historic preservation offices, or other organiza16 tions with cultural resource preservation exper17 tise. 

18 (7) HEALTH AND FITNESS IN PARKS CENTEN19 NIAL INITIATIVE.— 

20 (A) IN GENERAL.—Proposals for the 

21 ‘‘Health and Fitness in Parks Centennial Ini22 tiative’’ shall fall into one or more of the fol23 lowing four categories: 

24 (i) Proposals designed to repair, reha25 bilitate, or otherwise improve infrastrucVerDate Aug 31 2005 22:14 Nov 18, 2008 Jkt 079200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S3689.PCS S3689

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1 ture, including trails, that facilitates 

2 healthy outdoor activity within the Na3 tional Park System. 

4 (ii) Proposals designed to expand op5 portunities for access to the National Park 

6 System for visitors with disabilities. 

7 (iii) Proposals to develop and imple8 ment management plans (such as climbing 

9 plans and trail system plans) for activities 

10 designed to increase the health and fitness 

11 of visitors to the National Park System. 

12 (iv) Proposals to develop outreach 

13 programs and media that provide public 

14 information regarding health and fitness 

15 opportunities within the National Park 

16 System. 

17 (B) MISCELLANEOUS REQUIREMENTS.— 

18 All proposals for ‘‘the Health and Fitness in 

19 Parks Centennial Initiative’’ shall— 

20 (i) be consistent with National Park 

21 Service policies and adopted park planning 

22 documents; and 

23 (ii) be designed to provide for visitor 

24 enjoyment in such a way as to leave the 


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1 National Park System unimpaired for fu2 ture generations. 

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

4 2018, unobligated amounts in the Fund shall be available 

5 without further appropriation for projects authorized by 

6 this Act, but may not be obligated or expended until 120 

7 days after the annual submission of the list of proposals 

8 required under this section to allow for Congressional re9 view. 

10 (d) LIMITATION ON DISTRIBUTION OF FUNDS.—No 

11 more than 50 percent of amounts available from the Fund 

12 for any fiscal year may be spent on projects that are for 

13 the construction of facilities that cost in excess of 

14 $5,000,000. 

15 SEC. 5005. PARTNERSHIPS. 

16 (a) DONATIONS.—The Secretary may actively en17 courage and facilitate participation in proposals from non18 Federal and philanthropic partners, and may accept dona19 tions, both monetary and in-kind for any Project or Pro20 gram pursuant to section 1 of the Act of June 5, 1920 

21 (16 U.S.C. 6), and other authorities to accept donations 

22 existing on the date of enactment of this Act. 

23 (b) TERMS AND CONDITIONS.—To the extent that 

24 private organizations or individuals are to participate in 

25 or contribute to any Project or Program, the terms and 


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1 conditions of that participation or contribution as well as 

2 all actions of employees of the National Park Service, shall 

3 be governed by National Park Service Directors Order 

4 #21, ‘‘Donations and Fundraising’’, as in force on the 

5 date of the enactment of this Act. 

6 SEC. 5006. MAINTENANCE OF EFFORT. 

7 Amounts made available from the Fund shall supple8 ment rather than replace annual expenditures by the Na9 tional Park Service, including authorized expenditures 

10 from the Land and Water Conservation Fund and the Na11 tional Park Service Line Item Construction Program. The 

12 National Park Service shall maintain adequate, permanent 

13 staffing levels and permanent staff shall not be replaced 

14 with nonpermanent employees hired to carry out this Act 

15 or Projects or Programs carried out with funds provided 

16 under this Act. 

17 SEC. 5007. REPORTS. 

18 For each fiscal year beginning in fiscal year 2009, 

19 the Secretary shall submit to Congress a report that in20 cludes the following: 

21 (1) A detailed accounting of all expenditures 

22 from the Fund divided by categories of proposals 

23 under section 4(b), including a detailed accounting 

24 of any private contributions, either in funds or in 

25 kind, to any Project or Program. 


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1 (2) A cumulative summary of the results of the 

2 National Park Centennial program including rec3 ommendations for revisions to the program. 

4 (3) A statement of whether the National Park 

5 Service has maintained adequate, permanent staffing 

6 levels and what nonpermanent and permanent staff 

7 have been hired to carry out this Act or Projects or 

8 Programs carried out with funds provided under this 

9 Act. 

10 TITLE VI—AUTOMOTIVE 

11 INDUSTRY ASSISTANCE 

12 SECTION 6001. DIRECT LOAN PROVISIONS. 

13 (a) IN GENERAL.—The Emergency Economic Sta14 bilization Act of 2008 (division A of Public Law 110–343) 

15 is amended by adding at the end the following: 

16 ‘‘TITLE IV—DIRECT BRIDGE 

17 LOAN PROVISIONS 

18 ‘‘SEC. 401. FINDINGS. 

19 ‘‘Congress finds that extraordinary and exigent cir20 cumstances have prevented the automobile industry from 

21 securing essential credit and liquidity from other sources 

22 and that the failure of the automobile industry to obtain 

23 such credit and liquidity will have a systemic adverse ef24 fect on the economy. 


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1 ‘‘SEC. 402. PURPOSES. 

2 ‘‘The purposes of this title are— 

3 ‘‘(1) to clarify that authority and facilities are 

4 available to be used immediately by the Secretary to 

5 restore liquidity and stability to the automobile in6 dustry in the United States; 

7 ‘‘(2) to ensure that such authority and such fa8 cilities are used in a manner that— 

9 ‘‘(A) stimulates manufacturing and sales 

10 of automobiles produced by automobile manu11 facturers in the United States; 

12 ‘‘(B) enhances the ability and the capacity 

13 of the domestic automobile industry to pursue 

14 the timely and aggressive production of energy15 efficient advanced technology vehicles; 

16 ‘‘(C) preserves and promotes the jobs of 

17 355,000 workers in the United States directly 

18 employed by the automobile industry and an 

19 additional 4,500,000 workers in the United 

20 States employed in related industries; and 

21 ‘‘(D) safeguards the ability of the domestic 

22 automobile industry to provide retirement and 

23 health care benefits for 1,000,000 retirees and 

24 their spouses and dependents; and 

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

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1 thority to restore liquidity and stability to financial 

2 institutions, including automobile finance companies. 

3 ‘‘SEC. 403. EMERGENCY DIRECT LOAN PROGRAM. 

4 ‘‘(a) IN GENERAL.—The Secretary shall make loans 

5 in an aggregate amount equal to $25,000,000,000, to any 

6 automobile manufacturer or component supplier that 

7 has— 

8 ‘‘(1) submitted an application for a loan under 

9 this title that includes a statement of need for Gov10 ernment funding under this title to prevent a sys11 temic adverse effect on the United States economy; 

12 ‘‘(2) operated 2 or more manufacturing facili13 ties for the purposes of producing automobiles or 

14 automobile components in the United States 

15 throughout the 25-year period ending on the date of 

16 enactment of this title; and 

17 ‘‘(3) operations in the United States the failure 

18 of which would have a systemic adverse effect on the 

19 overall United States economy, as determined by the 

20 Secretary. 

21 ‘‘(b) ALLOCATION.—In allocating loan amounts 

22 under this title, the Secretary shall prioritize applications 

23 based on the magnitude of the impact of the manufac24 turing operations of the applicant in the United States on 

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1 ments of the automobile industry, including the impact on 

2 levels of employment, domestic manufacturing of auto3 mobiles and automobile components, and automobile deal4 erships. 

5 ‘‘(c) PLAN FOR LONG-TERM FINANCIAL VIABIL6 ITY.—At the time of application for a loan under this title, 

7 an automobile manufacturer or component supplier shall 

8 submit to the Secretary a detailed plan on how the Gov9 ernment funds requested will be utilized to ensure the 

10 long-term financial posture of the company, and how such 

11 funds will stimulate automobile production in the United 

12 States and improve the capacity of the company to pursue 

13 the timely and aggressive production of energy-efficient 

14 advanced technology vehicles. 

15 ‘‘(d) AUTHORITY TO ISSUE STOCK.—At the discre16 tion of the Secretary, the automobile manufacturer or 

17 component supplier may issue preferred stock in lieu of 

18 a loan, on analogous terms and conditions as those de19 scribed for loans under this title. 

20 ‘‘SEC. 404. FUNDING FROM THIRD TRANCHE; TREATMENT 

21 OF LOAN AMOUNTS. 

22 ‘‘The costs incurred by the Federal Government in 

23 making loans under this title, including credit subsidy 

24 costs and administrative expenses, shall be covered out of 

25 the funds made available to the Secretary generally under 


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1 section 118 and, specifically, not from funds which are de2 scribed in paragraph (1) or (2) of section 115(a), but with 

3 respect to the availability of which the reporting and pro4 cedural requirements contained in paragraph (3) of such 

5 section and section 115(c) shall not apply. 

6 ‘‘SEC. 405. TIMING OF DISBURSEMENTS. 

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

8 3 days after the date of enactment of this title, the Sec9 retary shall accept applications for loans under this title. 

10 ‘‘(b) DETERMINATION OF ELIGIBILITY.—Not later 

11 than 15 days after the date on which the Secretary re12 ceives an application for a loan under subsection (a), the 

13 Secretary shall make a determination regarding the eligi14 bility of the applicant, based on whether the applicant 

15 meets the requirements of section 403(a). 

16 ‘‘(c) DISBURSEMENT.—The Secretary shall begin dis17 bursement of the proceeds of a loan under this title to 

18 an eligible applicant not later than 7 days after the date 

19 on which the Secretary receives a disbursal request from 

20 the applicant, upon a determination of the Secretary that 

21 the applicant is eligible under subsection (b). 

22 ‘‘SEC. 406. TERMS AND CONDITIONS. 

23 ‘‘(a) TERM TO MATURITY.—The term to maturity of 

24 any loan made under this title shall be 10 years, or such 


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1 longer period as the Secretary may determine with respect 

2 to such loan. 

3 ‘‘(b) RATE OF INTEREST.—The annual rate of inter4 est for a loan under this title shall be— 

5 ‘‘(1) 5 percent during the 5-year period begin6 ning on the date on which the Secretary disburses 

7 the loan; and 

8 ‘‘(2) 9 percent after the end of the period de9 scribed in paragraph (1). 

10 ‘‘(c) WARRANTS AND DEBT INSTRUMENTS.—The 

11 Secretary may not make a loan under this title unless the 

12 Secretary receives from the automobile manufacturer or 

13 component supplier a warrant or senior debt instrument 

14 made in accordance with the requirements for a warrant 

15 or senior debt instrument by a financial institution under 

16 section 113(d). 

17 ‘‘(d) NO PREPAYMENT PENALTY.—A loan made 

18 under this title shall be prepayable without penalty at any 

19 time. 

20 ‘‘(e) EXECUTIVE COMPENSATION.— 

21 ‘‘(1) STANDARDS REQUIRED.—The Secretary 

22 shall require any recipient of a loan under this title 

23 to meet appropriate standards for executive com24 pensation and corporate governance. 


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1 ‘‘(2) SPECIFIC REQUIREMENTS.—The standards 

2 established under paragraph (1) shall include the 

3 following: 

4 ‘‘(A) Limits on compensation that exclude 

5 incentives for senior executive officers of a re6 cipient of a loan under this title to take unnec7 essary and excessive risks that threaten the 

8 value of such recipient during the period that 

9 the loan is outstanding. 

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

11 recipient of any bonus or incentive compensa12 tion paid to a senior executive officer based on 

13 statements of earnings, gains, or other criteria 

14 that are later found to be materially inaccurate. 

15 ‘‘(C) A prohibition on such recipient mak16 ing any golden parachute payment to a senior 

17 executive officer during the period that the loan 

18 under this title is outstanding. 

19 ‘‘(D) A prohibition on such recipient pay20 ing or accruing any bonus or incentive com21 pensation during the period that the loan is 

22 outstanding to any executive whose annual base 

23 compensation exceeds $250,000 (which amount 

24 shall be adjusted by the Secretary for inflation). 


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1 ‘‘(E) A prohibition on any compensation 

2 plan that could encourage manipulation of the 

3 reported earnings of the recipient to enhance 

4 the compensation of any of its employees. 

5 ‘‘(3) DEFINITIONS.—For purposes of this sub6 section, the following definitions shall apply: 

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

8 term ‘senior executive officer’ means an indi9 vidual who is 1 of the top 5 most highly paid 

10 executives of a public company, whose com11 pensation is required to be disclosed pursuant 

12 to the Securities Exchange Act of 1934, and 

13 any regulations issued thereunder, and non14 public company counterparts. 

15 ‘‘(B) GOLDEN PARACHUTE PAYMENT.— 

16 The term ‘golden parachute payment’ means 

17 any payment to a senior executive officer for 

18 departure from a company for any reason. 

19 ‘‘(f) PROHIBITION ON PAYMENT OF DIVIDENDS.—No 

20 common stock dividends may be paid by any recipient of 

21 a loan under this title for the duration of the loan. 

22 ‘‘(g) OTHER INTERESTS SUBORDINATED.—Any obli23 gation or liability of a recipient of a loan under this title 

24 to any person shall be subordinate to the liability and obli25 gation of the recipient for such loan. 


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1 ‘‘SEC. 407. OVERSIGHT. 

2 ‘‘(a) IN GENERAL.—The provisions of sections 105, 

3 116, 121, and 125 shall apply with respect to any loans 

4 made under this title, to the extent possible, in the same 

5 manner and to the same extent as such sections apply to 

6 transactions made under the authority of title I.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 (1) TABLE OF CONTENTS.—The table of con9 tents in section 1(b) of the Emergency Economic 

10 Stabilization Act of 2008 (division A of Public Law 

11 110–343) is amended— 

12 (A) by inserting after the item relating to 

13 section 3 the following new item: 

‘‘Sec. 4. References.’’ 

14 ; and 

15 (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.’’ 

16 ; and 

17 (2) REFERENCES.—The Emergency Economic 

18 Stabilization Act of 2008 (division A of Public Law 

19 110–343) is amended by inserting after section 3 

20 the following new section: 


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1 ‘‘SEC. 4. REFERENCES. 

2 ‘‘Any reference— 

3 ‘‘(1) in this division to ‘this Act’ or any subdivi4 sion thereof is a reference to this division A or any 

5 subdivision thereof; 

6 ‘‘(2) in division (B) to ‘this Act’ or any subdivi7 sion thereof is a reference to division B or any sub8 division thereof; and 

9 ‘‘(3) in division (C) to ‘this Act’ or any subdivi10 sion thereof is a reference to division C or any sub11 division thereof.’’. 

12 TITLE VII—AUTO SALES TAX 

13 DEDUCTIONS 

14 SECTION 7001. ABOVE-THE-LINE DEDUCTION FOR INTER15 EST ON INDEBTEDNESS WITH RESPECT TO 

16 THE PURCHASE OF CERTAIN MOTOR VEHI17 CLES. 

18 (a) IN GENERAL.—Paragraph (2) of section 163(h) 

19 of the Internal Revenue Code of 1986 is amended— 

20 (1) by striking ‘‘and’’ at the end of subpara21 graph (E), 

22 (2) by striking the period at the end of sub23 paragraph (F) and inserting ‘‘, and’’, and 

24 (3) by adding at the end the following new sub25 paragraph: 


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1 ‘‘(G) any qualified motor vehicle interest 

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

3 (b) QUALIFIED MOTOR VEHICLE INTEREST.—Sec4 tion 163(h) of the Internal Revenue Code of 1986 is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(5) QUALIFIED MOTOR VEHICLE INTEREST.— 

8 For purposes of this subsection— 

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

10 motor vehicle interest’ means any interest which 

11 is paid or accrued during the taxable year on 

12 any indebtedness which— 

13 ‘‘(i) is incurred after November 12, 

14 2008, and before January 1, 2010, in ac15 quiring any qualified motor vehicle of the 

16 taxpayer, and 

17 ‘‘(ii) is secured by such qualified 

18 motor vehicle. 

19 Such term also includes any indebtedness se20 cured by such qualified motor vehicle resulting 

21 from the refinancing of indebtedness meeting 

22 the requirements of the preceding sentence (or 

23 this sentence); but only to the extent the 

24 amount of the indebtedness resulting from such 


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1 refinancing does not exceed the amount of the 

2 refinanced indebtedness. 

3 ‘‘(B) DOLLAR LIMITATION.—The aggre4 gate amount of indebtedness treated as de5 scribed in subparagraph (A) for any period 

6 shall not exceed $49,500 ($24,750 in the case 

7 of a separate return by a married individual). 

8 ‘‘(C) INCOME LIMITATION.—The amount 

9 otherwise treated as interest under subpara10 graph (A) for any taxable year (after the appli11 cation of subparagraph (B)) shall be reduced 

12 (but not below zero) by the amount which bears 

13 the same ratio to the amount which is so treat14 ed as— 

15 ‘‘(i) the excess (if any) of— 

16 ‘‘(I) the taxpayer’s modified ad17 justed gross income for such taxable 

18 year, over 

19 ‘‘(II) $125,000 ($250,000 in the 

20 case of a joint return), bears to 

21 ‘‘(ii) $10,000. 

22 For purposes of the preceding sentence, the 

23 term ‘modified adjusted gross income’ means 

24 the adjusted gross income of the taxpayer for 

25 the taxable year increased by any amount exVerDate Aug 31 2005 22:14 Nov 18, 2008 Jkt 079200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S3689.PCS S3689

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1 cluded from gross income under section 911, 

2 931, or 933. 

3 ‘‘(D) QUALIFIED MOTOR VEHICLE.—The 

4 term ‘qualified motor vehicle’ means a pas5 senger automobile (within the meaning of sec6 tion 30B(h)(3)) or a light truck (within the 

7 meaning of such section)— 

8 ‘‘(i) which is acquired for use by the 

9 taxpayer and not for resale after November 

10 12, 2008, and before January 1, 2010, 

11 ‘‘(ii) the original use of which com12 mences with the taxpayer, and 

13 ‘‘(iii) which has a gross vehicle weight 

14 rating of not more than 8,500 pounds.’’. 

15 (c) DEDUCTION ALLOWED ABOVE-THE-LINE.—Sec16 tion 62(a) of the Internal Revenue Code of 1986 is amend17 ed by inserting after paragraph (21) the following new 

18 paragraph: 

19 ‘‘(22) QUALIFIED MOTOR VEHICLE INTER20 EST.—The deduction allowed under section 163 by 

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

22 (d) REPORTING OF QUALIFIED MOTOR VEHICLE IN23 TEREST.— 

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

25 subchapter A of chapter 61 of the Internal Revenue 


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1 Code of 1986 is amended by adding at the end the 

2 following new section: 

3 ‘‘SEC. 6050X. RETURNS RELATING TO QUALIFIED MOTOR 

4 VEHICLE INTEREST RECEIVED IN TRADE OR 

5 BUSINESS FROM INDIVIDUALS. 

6 ‘‘(a) QUALIFIED MOTOR VEHICLE INTEREST.—Any 

7 person— 

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

9 ‘‘(2) who, in the course of such trade or busi10 ness, receives from any individual interest aggre11 gating $600 or more for any calendar year on any 

12 indebtedness secured by a qualified motor vehicle (as 

13 defined in section 163(h)(5)(D)), 

14 shall make the return described in subsection (b) with re15 spect to each individual from whom such interest was re16 ceived at such time as the Secretary may by regulations 

17 prescribe. 

18 ‘‘(b) FORM AND MANNER OF RETURNS.—A return 

19 is described in this subsection if such return— 

20 ‘‘(1) is in such form as the Secretary may pre21 scribe, 

22 ‘‘(2) contains— 

23 ‘‘(A) the name and address of the indi24 vidual from whom the interest described in sub25 section (a)(2) was received, 


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1 ‘‘(B) the amount of such interest received 

2 for the calendar year, and 

3 ‘‘(C) such other information as the Sec4 retary may prescribe. 

5 ‘‘(c) APPLICATION TO GOVERNMENTAL UNITS.—For 

6 purposes of subsection (a)— 

7 ‘‘(1) TREATED AS PERSONS.—The term ‘per8 son’ includes any governmental unit (and any agency 

9 or instrumentality thereof). 

10 ‘‘(2) SPECIAL RULES.—In the case of a govern11 mental unit or any agency or instrumentality there12 of— 

13 ‘‘(A) subsection (a) shall be applied with14 out regard to the trade or business requirement 

15 contained therein, and 

16 ‘‘(B) any return required under subsection 

17 (a) shall be made by the officer or employee ap18 propriately designated for the purpose of mak19 ing such return. 

20 ‘‘(d) STATEMENTS TO BE FURNISHED TO INDIVID21 UALS WITH RESPECT TO WHOM INFORMATION IS RE22 QUIRED.—Every person required to make a return under 

23 subsection (a) shall furnish to each individual whose name 

24 is required to be set forth in such return a written state25 ment showing— 


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

2 the information contact of the person required to 

3 make such return, and 

4 ‘‘(2) the aggregate amount of interest described 

5 in subsection (a)(2) received by the person required 

6 to make such return from the individual to whom 

7 the statement is required to be furnished. 

8 The written statement required under the preceding sen9 tence shall be furnished on or before January 31 of the 

10 year following the calendar year for which the return 

11 under subsection (a) was required to be made. 

12 ‘‘(e) RETURNS WHICH WOULD BE REQUIRED TO BE

13 MADE BY 2 OR MORE PERSONS.—Except to the extent 

14 provided in regulations prescribed by the Secretary, in the 

15 case of interest received by any person on behalf of an16 other person, only the person first receiving such interest 

17 shall be required to make the return under subsection 

18 (a).’’. 

19 (2) AMENDMENTS RELATING TO PENALTIES.— 

20 (A) Section 6721(e)(2)(A) of such Code is 

21 amended by striking ‘‘or 6050L’’ and inserting 

22 ‘‘6050L, or 6050X’’. 

23 (B) Section 6722(c)(1)(A) of such Code is 

24 amended by striking ‘‘or 6050L(c)’’ and insert25 ing ‘‘6050L(c), or 6050X(d)’’. 


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1 (C) Subparagraph (B) of section 

2 6724(d)(1) of such Code is amended by redesig3 nating clauses (xvi) through (xxii) as clauses 

4 (xvii) through (xxiii), respectively, and by in5 serting after clause (xii) the following new 

6 clause: 

7 ‘‘(xvi) section 6050X (relating to re8 turns relating to qualified motor vehicle in9 terest received in trade or business from 

10 individuals),’’. 

11 (D) Paragraph (2) of section 6724(d) of 

12 such Code is amended by striking the period at 

13 the end of subparagraph (DD) and inserting ‘‘, 

14 or’’ and by inserting after subparagraph (DD) 

15 the following new subparagraph: 

16 ‘‘(EE) section 6050X(d) (relating to re17 turns relating to qualified motor vehicle interest 

18 received in trade or business from individ19 uals).’’. 

20 (3) CLERICAL AMENDMENT.—The table of sec21 tions for subpart B of part III of subchapter A of 

22 chapter 61 of such Code is amended by inserting 

23 after the item relating to section 6050W the fol24 lowing new item: 

‘‘Sec. 6050X. Returns relating to qualified motor vehicle interest received in 

trade or business from individuals.’’. 


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1 SEC. 7002. ABOVE-THE-LINE DEDUCTION FOR STATE SALES 

2 TAX AND EXCISE TAX ON THE PURCHASE OF 

3 CERTAIN MOTOR VEHICLES. 

4 (a) IN GENERAL.—Subsection (a) of section 164 of 

5 the Internal Revenue Code of 1986 is amended by insert6 ing after paragraph (5) the following new paragraph: 

7 ‘‘(6) Qualified motor vehicle taxes.’’. 

8 (b) QUALIFIED MOTOR VEHICLE TAXES.—Sub9 section (b) of section 164 of the Internal Revenue Code 

10 of 1986 is amended by adding at the end the following 

11 new paragraph: 

12 ‘‘(6) QUALIFIED MOTOR VEHICLE TAXES.— 

13 ‘‘(A) IN GENERAL.—For purposes of this 

14 section, the term ‘qualified motor vehicle taxes’ 

15 means any State and local sales or excise tax 

16 imposed on the purchase of a qualified motor 

17 vehicle (as defined in section 163(h)(5)(D)). 

18 ‘‘(B) INCOME LIMITATION.—The amount 

19 otherwise taken into account under subpara20 graph (A) for any taxable year shall be reduced 

21 (but not below zero) by the amount which bears 

22 the same ratio to the amount which is so treat23 ed as— 

24 ‘‘(i) the excess (if any) of— 


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1 ‘‘(I) the taxpayer’s modified ad2 justed gross income for such taxable 

3 year, over 

4 ‘‘(II) $125,000 ($250,000 in the 

5 case of a joint return), bears to 

6 ‘‘(ii) $10,000. 

7 For purposes of the preceding sentence, the 

8 term ‘modified adjusted gross income’ means 

9 the adjusted gross income of the taxpayer for 

10 the taxable year increased by any amount ex11 cluded from gross income under section 911, 

12 931, or 933. 

13 ‘‘(C) QUALIFIED MOTOR VEHICLE TAXES

14 NOT INCLUDED IN COST OF ACQUIRED PROP15 ERTY.—The last sentence of subsection (a) 

16 shall not apply to any qualified motor vehicle 

17 taxes. 

18 ‘‘(D) COORDINATION WITH GENERAL

19 SALES TAX.—This paragraph shall not apply in 

20 the case of a taxpayer who makes an election 

21 under paragraph (5) for the taxable year.’’. 

22 (c) CONFORMING AMENDMENTS.—Paragraph (5) of 

23 section 163(h) of the Internal Revenue Code of 1986, as 

24 added by section 1, is amended— 


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1 (1) by adding at the end the following new sub2 paragraph: 

3 ‘‘(E) EXCLUSION.—If the indebtedness de4 scribed in subparagraph (A) includes the 

5 amounts of any State sales or excise taxes paid 

6 or accrued by the taxpayer in connection with 

7 the acquisition of a qualified motor vehicle, the 

8 aggregate amount of such indebtedness taken 

9 into account under such subparagraph shall be 

10 reduced, but not below zero, by the amount of 

11 any such taxes for which a deduction is allowed 

12 under section 164(a) by reason of paragraph 

13 (6) thereof.’’, and 

14 (2) by inserting ‘‘, after the application of sub15 paragraph (E),’’ after ‘‘for any period’’ in subpara16 graph (B). 

17 (d) DEDUCTION ALLOWED ABOVE-THE-LINE.—Sec18 tion 62(a) of the Internal Revenue Code of 1986, as 

19 amended by section 1, is amended by inserting after para20 graph (22) the following new paragraph: 

21 ‘‘(23) QUALIFIED MOTOR VEHICLE TAXES.— 

22 The deduction allowed under section 164 by reason 

23 of subsection (a)(6) thereof.’’. 


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1 TITLE VIII 

2 GENERAL PROVISIONS—THIS ACT 

3 EMERGENCY DESIGNATION

4 SEC. 8001. Each amount in this Act is designated 

5 as an emergency requirement and necessary to meet emer6 gency needs pursuant to section 204(a) of S. Con. Res. 

7 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 

8 70 (110th Congress), the concurrent resolutions on the 

9 budget for fiscal years 2008 and 2009. 

10 AVAILABILITY

11 SEC. 8002. No part of any appropriation contained 

12 in this Act shall remain available for obligation beyond 

13 the current fiscal year unless expressly so provided herein. 

14 This Act may be cited as the ‘‘Economic Recovery 

15 Act of 2008’’. 


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Calendar No. 122 

110TH CONGRESS 

2D SESSION S. 3689 

A BILL 

Making supplemental appropriations for job crefor other purposes. the fiscal year ending September 30, 2009, and ment, and economic and energy assistance for ation and preservation, infrastructure investNOVEMBER 18, 2008 

Read the second time and placed on the calendar 


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