II 

110TH CONGRESS 

2D SESSION S. 3604 

Making emergency supplemental appropriations for economic recovery for 

the fiscal year ending September 30, 2008, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26 (legislative day, SEPTEMBER 17), 2008 

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

read twice and referred to the Committee on Appropriations 

A BILL 

Making emergency supplemental appropriations for economic 

recovery for the fiscal year ending September 30, 2008, 

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 

5 fiscal year ending September 30, 2008, and for other pur6 poses, namely: 


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1 TITLE I 

2 INFRASTRUCTURE, ENERGY, AND ECONOMIC 

3 RECOVERY 

4 CHAPTER 1 

5 DEPARTMENT OF AGRICULTURE 

6 FARM SERVICE AGENCY

7 SALARIES AND EXPENSES

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

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

10 and modernizing the information technology system, 

11 $171,700,000, to remain available until expended. 

12 RURAL HOUSING SERVICE

13 RURAL HOUSING INSURANCE PROGRAM ACCOUNT

14 For an additional amount for gross obligations for 

15 the principal amount of direct and guaranteed loans as 

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

17 available from funds in the rural housing insurance fund, 

18 as follows: $171,000,000 for section 502 borrowers for di19 rect loans. 

20 For an additional amount for the cost of direct and 

21 guaranteed loans, including the cost of modifying loans, 

22 as defined in section 502 of the Congressional Budget Act 

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

24 $11,500,000 for section 502 direct loans. 


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1 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

2 For an additional amount for gross obligations for 

3 the principal amount of direct and guaranteed loans and 

4 grants as authorized by section 306 of the Consolidated 

5 Farm and Rural Development Act, to be available from 

6 the rural community facilities program account, as follows: 

7 $612,000,000 for rural community facilities direct loans; 

8 $130,000,000 for guaranteed rural community facilities 

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

10 grants. 

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

12 guaranteed loans, and grants, including the cost of modi13 fying loans, as defined in section 502 of the Congressional 

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

15 as follows: $35,000,000 for rural community facilities di16 rect loans; $4,000,000 for rural community facilities guar17 anteed loans; and $50,000,000 for rural community facili18 ties grants. 

19 RURAL BUSINESS—COOPERATIVE SERVICE

20 RURAL BUSINESS ENTERPRISE GRANTS

21 For an additional amount for ‘‘Rural Business Enter22 prise Grants’’, $40,000,000, to remain available until ex23 pended. 

24 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

25 For an additional amount for gross obligations for 

26 the principal amount of direct loans as authorized by the 


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

2 $30,000,000. 

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

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

5 502 of the Congressional Budget Act of 1974, to remain 

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

7 authorized by the Rural Development Loan Fund (42 

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

9 RURAL UTILITIES SERVICE

10 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

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

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

13 water, waste disposal, and solid waste management pro14 grams authorized by sections 306, 306A, 306C, 306D, 

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

16 and 381E(d)(2) of the Consolidated Farm and Rural De17 velopment Act, $200,000,000, to remain available until ex18 pended. 

19 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND

20 PROGRAM ACCOUNT

21 For an additional amount for grants for distance 

22 learning and telemedicine services in rural areas, as au23 thorized by 7 U.S.C. 950aaa, et seq., $26,000,000, to re24 main available until expended. 


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1 FOOD AND NUTRITION SERVICE

2 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

3 WOMEN, INFANTS, AND CHILDREN

4 For an additional amount for the special supple5 mental nutrition program as authorized by section 17 of 

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

7 $450,000,000, to remain available through September 30, 

8 2009. 

9 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

10 For an additional amount for the Emergency Food 

11 Assistance Program, as authorized by Section 4201 of 

12 Public Law 110–246, $50,000,000, to remain available 

13 until September 30, 2009, of which the Secretary may use 

14 up to 10 percent for costs associated with the distribution 

15 of commodities. 

16 COMMODITY ASSISTANCE PROGRAM

17 For an additional amount for the Commodity Supple18 mental Food Program, $30,000,000, to support additional 

19 food purchases, to remain available until September 30, 

20 2009. 

21 GENERAL PROVISION—THIS CHAPTER 

22 SEC. 1101. (a) In this section, the term ‘‘non23 ambulatory disabled cattle’’ means cattle, other than cattle 

24 that are less than 5 months old or weigh less than 500 

25 pounds, subject to inspection under section 3(b) of the 

26 Federal Meat Inspection Act (21 U.S.C. 603(b)) that canVerDate Aug 31 2005 02:51 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3604.IS S3604

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1 not rise from a recumbent position or walk, including cat2 tle with a broken appendage, severed tendon or ligament, 

3 nerve paralysis, fractured vertebral column, or a metabolic 

4 condition. 

5 (b) None of the funds made available under this Act 

6 may be used to pay the salaries or expenses of any per7 sonnel of the Food Safety and Inspection Service to pass 

8 through inspection any nonambulatory disabled cattle for 

9 use as human food, regardless of the reason for the non10 ambulatory status of the cattle or the time at which the 

11 cattle became nonambulatory. 

12 (c) In addition to any penalties available under the 

13 Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the 

14 Secretary shall impose penalties consistent with sections 

15 10414 and 10415 of the Animal Health Protection Act 

16 (7 U.S.C. 8313, 8314) on any establishment that slaugh17 ters nonambulatory disabled cattle or prepares a carcass, 

18 part of a carcass, or meat or meat food product, from any 

19 nonambulatory disabled cattle, for use as human food. 

20 CHAPTER 2 

21 DEPARTMENT OF COMMERCE 

22 ECONOMIC DEVELOPMENT ADMINISTRATION

23 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

24 For an additional amount for ‘‘Economic Develop25 ment Assistance Programs’’ for economic adjustment asVerDate Aug 31 2005 02:51 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3604.IS S3604

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1 sistance as authorized by section 209 of the Public Works 

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

3 U.S.C. 3149), $50,000,000, to remain available until ex4 pended: Provided, That in allocating funds provided in the 

5 previous proviso, the Secretary of Commerce shall give pri6 ority consideration to areas of the Nation that have experi7 enced sudden and severe economic dislocation and job loss 

8 due to corporate restructuring. 

9 DEPARTMENT OF JUSTICE 

10 UNITED STATES MARSHALS SERVICE

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Salaries and Ex13 penses’’, $50,000,000 for the United States Marshals 

14 Service, to remain available until September 30, 2009, to 

15 implement and enforce the Adam Walsh Child Protection 

16 and Safety Act (Public Law 109–248) to apprehend non17 compliant sex offenders. 

18 FEDERAL BUREAU OF INVESTIGATION

19 SALARIES AND EXPENSES

20 For an additional amount for ‘‘Salaries and Ex21 penses’’, $5,000,000, to remain available until September 

22 30, 2009. 


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1 OFFICE OF JUSTICE PROGRAMS

2 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

4 Enforcement Assistance’’ Edward Byrne Memorial Justice 

5 Assistance Grant program as authorized by subpart 1 of 

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

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

8 1001(c), and the special rules for Puerto Rico under sec9 tion 505(g), of the 1968 Act, shall not apply for purposes 

10 of this Act), $490,000,000, to remain available until Sep11 tember 30, 2009. 

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

13 Enforcement Assistance’’, $100,000,000, to remain avail14 able until September 30, 2009, for competitive grants to 

15 provide assistance and equipment to local law enforcement 

16 along the Southern border and in High-Intensity Drug 

17 Trafficking Areas to combat criminal narcotic activity 

18 stemming from the Southern border, of which 

19 $15,000,000 shall be transferred to the ‘‘Bureau of Alco20 hol, Tobacco, Firearms and Explosives’’, ‘‘Salaries and 

21 Expenses’’ for the ATF Project Gunrunner. 

22 COMMUNITY ORIENTED POLICING SERVICES

23 For additional amount for ‘‘Community Oriented Po24 licing Services’’, for grants under section 1701 of title I 

25 of the 1968 Omnibus Crime Control and Safe Streets Act 

26 (42 U.S.C. 379dd) for hiring and rehiring of additional 


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1 career law enforcement officers under part Q of such title 

2 notwithstanding subsection (i) of such section, 

3 $500,000,000, to remain available until September 30, 

4 2009. 

5 SCIENCE 

6 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

7 RETURN TO FLIGHT

8 For necessary expenses, not otherwise provided for, 

9 in carrying out return to flight activities associated with 

10 the space shuttle and activities from which funds were 

11 transferred to accommodate return to flight activities, 

12 $250,000,000, to remain available until September 30, 

13 2009, with such sums as determined by the Administrator 

14 of the National Aeronautics and Space Administration as 

15 available for transfer to ‘‘Science’’, ‘‘Aeronautics’’, ‘‘Ex16 ploration’’, and ‘‘Exploration Capabilities’’ for restoration 

17 of funds previously reallocated to meet return to flight ac18 tivities. 

19 RELATED AGENCY 

20 LEGAL SERVICES CORPORATION

21 PAYMENT TO THE LEGAL SERVICES CORPORATION

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

23 Services Corporation’’, $37,500,000, to remain available 

24 until September 30, 2009, to provide legal assistance re25 lated to home ownership preservation, home foreclosure 


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1 prevention, and tenancy associated foreclosure: Provided, 

2 That each limitation on expenditures, and each term or 

3 condition, that applies to funds appropriated to the Legal 

4 Services Corporation under the Consolidated Appropria5 tions Act of 2008 (Public Law 110–61), shall apply to 

6 funds appropriated under this Act: Provided further, That 

7 priority shall be given to entities and individuals that (1) 

8 provide legal assistance in the 100 metropolitan statistical 

9 areas (as defined by the Director of the Office of Manage10 ment and Budget) with the highest home foreclosure 

11 rates; and (2) have the capacity to begin using the funds 

12 within 90 days of receipt of the funds. 

13 CHAPTER 3 

14 DEPARTMENT OF DEFENSE—CIVIL 

15 DEPARTMENT OF THE ARMY 

16 CORPS OF ENGINEERS—CIVIL

17 CONSTRUCTION

18 For an additional amount for ‘‘Construction’’ for re19 habilitation of Corps of Engineers owned and operated hy20 dropower facilities and for other activities, $400,000,000, 

21 to remain available until expended. 

22 OPERATIONS AND MAINTENANCE

23 For an additional amount for ‘‘Operations and Main24 tenance’’ to dredge navigation channels that provide ac25 cess to significant energy infrastructure and for other 


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1 maintenance needs, $100,000,000, to remain available 

2 until expended. 

3 DEPARTMENT OF THE INTERIOR 

4 BUREAU OF RECLAMATION

5 WATER AND RELATED RESOURCES

6 For an additional amount for ‘‘Water and Related 

7 Resources’’ for rehabilitation of Bureau of Reclamation 

8 owned and operated hydropower facilities and for other 

9 purposes, $50,000,000, to remain available until ex10 pended: Provided, That up to $5,000,000 can be utilized 

11 by the Bureau of Reclamation to initiate a canal safety 

12 program to assess the condition of Reclamation water sup13 ply canals. 

14 DEPARTMENT OF ENERGY 

15 ENERGY EFFICIENCY AND RENEWABLE ENERGY

16 For an additional amount for ‘‘Energy Efficiency and 

17 Renewable Energy’’, $1,100,000,000, to remain available 

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

19 $500,000,000 is directed to the Weatherization Assistance 

20 Program: Provided further, That of the funds appro21 priated, $300,000,000 is directed to advance battery tech22 nology research, development, and demonstration: Pro23 vided further, That of the funds appropriated, 

24 $300,000,000 is directed to competitively awarded local 

25 government and tribal technology demonstration grants. 


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1 NON-DEFENSE ENVIRONMENTAL CLEANUP

2 For an additional amount for ‘‘Non-Defense Environ3 mental Cleanup’’, $120,000,000, to remain available until 

4 expended. 

5 URANIUM ENRICHMENT DECONTAMINATION AND

6 DECOMMISSIONING FUND

7 For an additional amount for ‘‘Uranium Enrichment 

8 Decontamination and Decommissioning Fund’’, 

9 $120,000,000, to remain available until expended, of 

10 which $20,000,000 shall be available in accordance with 

11 title X, subtitle A, of the Energy Policy Act of 1992. 

12 SCIENCE

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

14 $150,000,000, to remain available until expended. 

15 ATOMIC ENERGY DEFENSE ACTIVITIES

16 NATIONAL NUCLEAR SECURITY ADMINISTRATION

17 WEAPONS ACTIVITIES

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

19 $100,000,000, to remain available until expended. 

20 ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

21 DEFENSE ENVIRONMENTAL CLEANUP

22 For an additional amount for ‘‘Defense Environ23 mental Cleanup’’, $510,000,000, to remain available until 

24 expended. 


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1 GENERAL PROVISIONS—THIS CHAPTER 

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

3 (b), the Secretary of Energy shall reinstate and con4 tinue— 

5 (1) the cooperative agreement numbered DE– 

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

7 and 

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

9 through March 31, 2009. 

10 (b) During the period beginning on the date of enact11 ment of this Act and ending March 31, 2009— 

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

13 may not be terminated except by the mutual consent 

14 of the parties to the agreement; and 

15 (2) Funds may be expended under the agree16 ment only to complete and provide information and 

17 documentation to the Department of Energy. 

18 SEC. 1302. In chapter 3 of title I of division B of 

19 H.R. 2638 (110th Congress) as enacted into law, the 

20 paragraph under the heading ‘‘Department of Defense— 

21 Civil, Department of the Army, Corps of Engineers—Civil, 

22 Construction’’ is amended by— 

23 (1) Repealing the second proviso; and 

24 (2) By adding before the period the following: 

25 ‘‘: Provided further, That the Secretary is directed to 


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1 provide $1,500,000,000 of the funds appropriated 

2 under this heading to fund levee and flood protection 

3 repairs, restoration, improvements and critical coast4 al restoration projects in the State of Louisiana: 

5 Provided further, That funds shall be expended in 

6 consultation with the State of Louisiana’’. 

7 CHAPTER 4 

8 DEPARTMENT OF THE TREASURY 

9 OFFICE OF INSPECTOR GENERAL

10 SALARIES AND EXPENSES

11 For an additional amount to be available until Sep12 tember 30, 2009, $10,550,000 to carry out the provisions 

13 of the Inspector General Act of 1978, including material 

14 loss reviews in conjunction with bank failures. 

15 COMMODITY FUTURES TRADING COMMISSION 

16 SALARIES AND EXPENSES

17 For an additional amount to carry out the provisions 

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

19 $13,100,000, of which $5,100,000 shall remain available 

20 until September 30, 2009, and of which $8,000,000 shall 

21 remain available 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, 2009, $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, 2009, $600,000 for grants in the amount of 

13 $200,000 to veterans business resource centers that re14 ceived grants from the National Veterans Business Devel15 opment Corporation in fiscal years 2006 and 2007. 

16 BUSINESS LOANS PROGRAM ACCOUNT

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

18 $1,000,000, to remain available until September 30, 2009; 

19 and for an additional amount for the cost of guaranteed 

20 loans, $200,000,000, to remain available until September 

21 30, 2009: Provided, That of the amount for the cost of 

22 guaranteed loans, $152,000,000 shall be for loan subsidies 

23 and loan modifications for loans to small business con24 cerns authorized under section 1401 of this Act; 

25 $34,000,000 shall be for the increased veteran participaVerDate Aug 31 2005 02:51 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3604.IS S3604

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1 tion pilot program under paragraph (33) of section 7(a) 

2 of the Small Business Act (15 U.S.C. 636(a)), as redesig3 nated by section 1401 of this Act; and $14,000,000 shall 

4 be for the energy efficient technologies pilot program 

5 under section 7(a)(32) of the Small Business Act (15 

6 U.S.C. 636(a)(32)): Provided further, That such costs, in7 cluding the cost of modifying such loans, shall be as de8 fined in section 502 of the Congressional Budget Act of 

9 1974. 

10 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS

11 ADMINISTRATION

12 SEC. 1401. ECONOMIC STIMULUS FOR SMALL BUSI13 NESS CONCERNS. (a) REDUCTION OF FEES.— 

14 (1) IN GENERAL.—Until September 30, 2009, 

15 and to the extent the cost of such reduction in fees 

16 is offset by appropriations, with respect to each loan 

17 guaranteed under section 7(a) of Small Business Act 

18 (15 U.S.C. 636(a)) for which the application is ap19 proved on or after the date of enactment of this Act, 

20 the Administrator shall— 

21 (A) in lieu of the fee otherwise applicable 

22 under section 7(a)(23)(A) of the Small Busi23 ness Act (15 U.S.C. 636(a)(23)(A)), collect an 

24 annual fee in an amount equal to a maximum 


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1 of .25 percent of the outstanding balance of the 

2 deferred participation share of that loan; 

3 (B) in lieu of the fee otherwise applicable 

4 under section 7(a)(18)(A) of the Small Busi5 ness Act (15 U.S.C. 636(a)(18)(A)), collect a 

6 guarantee fee in an amount equal to a max7 imum of— 

8 (i) 1 percent of the deferred participa9 tion share of a total loan amount that is 

10 not more than $150,000; 

11 (ii) 2.5 percent of the deferred partici12 pation share of a total loan amount that is 

13 more than $150,000 and not more than 

14 $700,000; and 

15 (iii) 3 percent of the deferred partici16 pation share of a total loan amount that is 

17 more than $700,000; and 

18 (C) in lieu of the fee otherwise applicable 

19 under section 7(a)(18)(A)(iv) of the Small 

20 Business Act (15 U.S.C. 636(a)(18)(A)(iv)), 

21 collect no fee. 

22 (2) IMPLEMENTATION.—In carrying out this 

23 subsection, the Administrator shall reduce the fees 

24 for a loan guaranteed under section 7(a) of Small 

25 Business Act (15 U.S.C. 636(a)) to the maximum 


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1 extent possible, subject to the availability of appro2 priations. 

3 (b) TECHNICAL CORRECTION.—Section 7(a) of the 

4 Small Business Act (15 U.S.C. 636(a)) is amended by re5 designating paragraph (32) relating to an increased vet6 eran participation pilot program, as added by section 208 

7 of the Military Reservist and Veteran Small Business Re8 authorization and Opportunity Act of 2008 (Public Law 

9 110–186; 122 Stat. 631), as paragraph (33). 

10 (c) APPLICATION OF FEE REDUCTIONS.—The Ad11 ministrator shall reduce the fees under subsection (a) for 

12 any loan guarantee subject to such subsection for which 

13 the application is approved on or after the date of enact14 ment of this Act, until the amount provided for such pur15 pose under the heading ‘‘Business Loans Program Ac16 count’’ under the heading ‘‘Small Business Administra17 tion’’ under this Act is expended. 

18 (d) DEFINITIONS.—In this section— 

19 (1) the terms ‘‘Administration’’ and ‘‘Adminis20 trator’’ mean the Small Business Administration 

21 and the Administrator thereof, respectively; and 

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

23 same meaning as in section 3 of the Small Business 

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


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

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

3 may be used by the Small Business Administration to im4 plement the proposed rule relating to women-owned small 

5 business Federal contract assistance procedures published 

6 in the Federal Register on December 27, 2007 (72 Fed. 

7 Reg. 73285 et seq.). 

8 CHAPTER 5 

9 DEPARTMENT OF HOMELAND SECURITY 

10 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

11 For an additional amount for the ‘‘Office of the 

12 Under Secretary for Management’’, $120,000,000, to re13 main available until expended, solely for planning, design, 

14 and construction costs to consolidate the Department of 

15 Homeland Security headquarters. 

16 U.S. CUSTOMS AND BORDER PROTECTION

17 For an additional amount for ‘‘Border Security, 

18 Fencing, Infrastructure, and Technology’’, $215,000,000, 

19 to remain available until expended, for construction of bor20 der fencing on the Southwest border. 

21 CONSTRUCTION

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

23 $100,000,000, to remain available until expended, for the 

24 purpose of repair and construction of inspection facilities 

25 at land border ports of entry. 


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1 COAST GUARD

2 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

3 For an additional amount for ‘‘Acquisition, Construc4 tion and Improvements’’ for the acquisition of a new polar 

5 icebreaker or for necessary expenses related to the service 

6 life extension of existing Coast Guard polar icebreakers, 

7 $925,000,000, to remain available until expended. 

8 OFFICE OF HEALTH AFFAIRS

9 For an additional amount for the ‘‘Office of Health 

10 Affairs’’, $27,000,000, to remain available until Sep11 tember 30, 2009, for the BioWatch environmental moni12 toring system. 

13 FEDERAL LAW ENFORCEMENT TRAINING CENTER

14 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

15 RELATED EXPENSES

16 For an additional amount for ‘‘Acquisitions, Con17 struction, Improvements, and Related Expenses’’, 

18 $9,000,000, to remain available until expended, for secu19 rity upgrades to the Federal Law Enforcement Training 

20 Center’s border-related training facilities. 


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1 CHAPTER 6 

2 ENVIRONMENTAL PROTECTION AGENCY 

3 SCIENCE AND TECHNOLOGY

4 For an additional amount for ‘‘Science and Tech5 nology’’, $10,600,000, to remain available until September 

6 30, 2010, for urgent bio-defense research activities. 

7 HAZARDOUS SUBSTANCE SUPERFUND

8 For an additional amount for ‘‘Hazardous Substance 

9 Superfund’’, $24,165,000, to remain available until ex10 pended, for urgent decontamination and laboratory re11 sponse activities. 

12 STATE AND TRIBAL ASSISTANCE GRANTS

13 For an additional amount for ‘‘State and Tribal As14 sistance Grants’’, $600,000,000, to remain available until 

15 expended, for making capitalization grants for the Clean 

16 Water State Revolving Funds under title VI of the Federal 

17 Water Pollution Control Act, as amended. 

18 GENERAL PROVISIONS—THIS CHAPTER 

19 SEC. 1601. SECURE RURAL SCHOOLS ACT AMEND20 MENT. (a) For fiscal year 2008, payments shall be made 

21 from any revenues, fees, penalties, or miscellaneous re22 ceipts described in sections 102(b)(3) and 103(b)(2) of the 

23 Secure Rural Schools and Community Self-Determination 

24 Act of 2000 (Public Law 106–393; 16 U.S.C. 500 note), 

25 not to exceed $100,000,000, and the payments shall be 


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1 made, to the maximum extent practicable, in the same 

2 amounts, for the same purposes, and in the same manner 

3 as were made to States and counties in 2006 under that 

4 Act. 

5 (b) There is appropriated $400,000,000, to remain 

6 available until December 31, 2008, to be used to cover 

7 any shortfall for payments made under this section from 

8 funds not otherwise appropriated. 

9 (c) Titles II and III of Public Law 106–393 are 

10 amended, effective September 30, 2006, by striking 

11 ‘‘2007’’ and ‘‘2008’’ each place they appear and inserting 

12 ‘‘2008’’ and ‘‘2009’’, respectively. 

13 SEC. 1602. Notwithstanding any other provision of 

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

15 (110th Congress), the Consolidated Security, Disaster As16 sistance, and Continuing Appropriations Act, 2009, the 

17 terms and conditions contained in section 433 of division 

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

19 fiscal year ending September 30, 2009. 

20 CHAPTER 7 

21 DEPARTMENT OF LABOR 

22 EMPLOYMENT AND TRAINING ADMINISTRATION

23 TRAINING AND EMPLOYMENT SERVICES

24 For an additional amount for ‘‘Training and Employ25 ment Services’’ under the Employment and Training AdVerDate Aug 31 2005 02:51 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3604.IS S3604

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1 ministration, $600,000,000, for youth activities and dis2 located worker activities authorized by the Workforce In3 vestment Act of 1998 (‘‘WIA’’): Provided, That 

4 $300,000,000 shall be for youth activities and available 

5 for the period April 1, 2008 through June 30, 2009: Pro6 vided further, That $300,000,000 shall be for dislocated 

7 worker employment and training activities and available 

8 for the period July 1, 2008 through June 30, 2009: Pro9 vided further, That no portion of funds available under 

10 this heading in this Act shall be reserved to carry out sec11 tion 127(b)(1)(A), section 128(a), or section 133(a) of the 

12 WIA: Provided further, That the work readiness perform13 ance indicator described in section 136(b)(2)(A)(ii)(I) of 

14 the WIA shall be the only measure of performance used 

15 to assess the effectiveness of the youth activities, and that 

16 the performance indicators in section 136(b)(2)(A)(i) of 

17 the WIA shall be the measures of performance used to 

18 assess the effectiveness of the dislocated worker activities 

19 funded with such funds. 

20 DEPARTMENT OF HEALTH AND HUMAN 

21 SERVICES 

22 CENTERS FOR DISEASE CONTROL AND PREVENTION

23 DISEASE CONTROL, RESEARCH, AND TRAINING

24 For an additional amount for ‘‘Disease Control, Re25 search, and Training’’, $46,000,000, to remain available 


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1 through September 30, 2009, of which $20,000,000 shall 

2 be to continue and expand investigations to determine the 

3 root causes of disease clusters, including but not limited 

4 to polycythemia vera clusters; of which $21,000,000 shall 

5 be for the prevention of and response to medical errors 

6 including research, education and outreach activities; and 

7 of which $5,000,000 shall be for responding to outbreaks 

8 of communicable diseases related to the re-use of syringes 

9 in outpatient clinics, including reimbursement of local 

10 health departments for testing and genetic sequencing of 

11 persons potentially exposed. 

12 NATIONAL INSTITUTES OF HEALTH

13 OFFICE OF THE DIRECTOR

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Office of the Direc16 tor’’, $1,200,000,000, which shall be transferred to the In17 stitutes and Centers of the National Institutes of Health 

18 and to the Common Fund established under section 

19 402A(c)(1) of the Public Health Service Act in proportion 

20 to the appropriations otherwise made to such Institutes, 

21 Centers, and Common Fund for fiscal year 2008: Pro22 vided, That these funds shall be available through Sep23 tember 30, 2009: Provided further, That these funds shall 

24 be used to support additional scientific research and be 

25 available for the same purposes as the appropriation or 

26 fund to which transferred: Provided further, That this 


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1 transfer authority is in addition to any other transfer au2 thority available to the National Institutes of Health: Pro3 vided further, That none of these funds may be transferred 

4 to ‘‘National Institutes of Health—Buildings and Facili5 ties’’, the Center for Scientific Review, the Center for In6 formation Technology, the Clinical Center, the Global 

7 Fund for HIV/AIDS, Tuberculosis and Malaria, or the Of8 fice of the Director (except for the transfer to the Common 

9 Fund). 

10 ADMINISTRATION ON AGING

11 AGING SERVICES PROGRAMS

12 For an additional amount for ‘‘Aging Services Pro13 grams’’, $60,000,000, of which $40,750,000 shall be for 

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

15 for Home-Delivered Nutrition Services: Provided, That 

16 these funds shall remain available through September 30, 

17 2009. 

18 OFFICE OF THE SECRETARY

19 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

20 FUND

21 (INCLUDING TRANSFER OF FUNDS)

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

23 Social Services Emergency Fund’’ to support activities re24 lated to countering potential biological, nuclear, radio25 logical and chemical threats to civilian populations, and 

26 for other public health emergencies, $542,000,000, to reVerDate Aug 31 2005 02:51 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3604.IS S3604

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1 main available through September 30, 2009: Provided, 

2 That $473,000,000 is for advanced research and develop3 ment of medical countermeasures and ancillary products: 

4 Provided further, That $50,000,000 is available to support 

5 the delivery of medical countermeasures, of which up to 

6 $20,000,000 may be made available to the United States 

7 Postal Service to support such delivery. 

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

9 Social Services Emergency Fund’’ to prepare for and re10 spond to an influenza pandemic, $363,000,000, to remain 

11 available through September 30, 2009 for activities includ12 ing the development and purchase of vaccine, antivirals, 

13 necessary medical supplies, diagnostics, and other surveil14 lance tools: Provided, That products purchased with these 

15 funds may, at the discretion of the Secretary, be deposited 

16 in the Strategic National Stockpile: Provided further, That 

17 notwithstanding section 496(b) of the Public Health Serv18 ice Act, funds may be used for the construction or renova19 tion of privately owned facilities for the production of pan20 demic influenza vaccines and other biologics, where the 

21 Secretary finds such a contract necessary to secure suffi22 cient supplies of such vaccines or biologics: Provided fur23 ther, That funds appropriated herein may be transferred 

24 to other appropriation accounts of the Department of 

25 Health and Human Services, as determined by the SecVerDate Aug 31 2005 02:51 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3604.IS S3604

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1 retary to be appropriate, to be used for the purposes speci2 fied in this sentence. 

3 DEPARTMENT OF EDUCATION 

4 For carrying out section 1702 of this Act, 

5 $2,000,000,000, which shall be available for obligation 

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

7 SCHOOL IMPROVEMENT PROGRAMS

8 For an additional amount for ‘‘School Improvement 

9 Programs’’, $36,000,000, for carrying out activities au10 thorized by subtitle B of title VII of the McKinney-Vento 

11 Homeless Assistance Act: Provided, That the Secretary 

12 shall make such funds available on a competitive basis to 

13 local educational agencies that demonstrate a high need 

14 for such assistance: Provided further, That these funds 

15 shall remain available through September 30, 2009. 

16 GENERAL PROVISIONS—THIS CHAPTER 

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

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

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

20 Care, Katrina Recovery, and Iraq Accountability Appro21 priations Act, 2007 (Public Law 110–28; 121 Stat. 189) 

22 is amended to read as follows: 

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

24 MINIMUM WAGE INCREASES. 

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

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


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1 thereafter until the minimum wage in the respective terri2 tory is $7.25 per hour, the Government Accountability Of3 fice shall conduct a study to— 

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

5 increases that occurred in American Samoa and the 

6 Commonwealth of the Northern Mariana Islands in 

7 2007 and 2008, as required under Public Law 110– 

8 28, on the rates of employment and the living stand9 ards of workers, with full consideration of the other 

10 factors that impact rates of employment and the liv11 ing standards of workers such as inflation in the 

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

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

14 increases on rates of employment and the living 

15 standards of workers in American Samoa and the 

16 Commonwealth of the Northern Mariana Islands, 

17 with full consideration of the other factors that may 

18 impact the rates of employment and the living 

19 standards of workers, including assessing how the 

20 profitability of major private sector firms may be 

21 impacted by wage increases in comparison to other 

22 factors such as energy costs and the value of tax 

23 benefits. 

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

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1 ability Office shall transmit its first report to Congress 

2 concerning the findings of the study required under sub3 section (a). The Government Accountability Office shall 

4 transmit any subsequent reports to Congress concerning 

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

6 March 15 and April 15 of each year. 

7 ‘‘(c) ECONOMIC INFORMATION.—To provide suffi8 cient economic data for the conduct of the study under 

9 subsection (a)— 

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

11 separately report on American Samoa and the Com12 monwealth of the Northern Mariana Islands in its 

13 household surveys and establishment surveys; 

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

15 Department of Commerce shall include and sepa16 rately report on American Samoa and the Common17 wealth of the Northern Mariana Islands in its gross 

18 domestic product data; and 

19 ‘‘(3) the Bureau of the Census of the Depart20 ment of Commerce shall include and separately re21 port on American Samoa and the Commonwealth of 

22 the Northern Mariana Islands in its population esti23 mates and demographic profiles from the American 

24 Community Survey, 


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

2 Department or each Bureau collects and reports such data 

3 for the 50 States. In the event that the inclusion of Amer4 ican Samoa and the Commonwealth of the Northern Mar5 iana Islands in such surveys and data compilations re6 quires time to structure and implement, the Department 

7 of Labor, the Bureau of Economic Analysis, and the Bu8 reau of the Census (as the case may be) shall in the in9 terim annually report the best available data that can fea10 sibly be secured with respect to such territories. Such in11 terim reports shall describe the steps the Department or 

12 the respective Bureau will take to improve future data col13 lection in the territories to achieve comparability with the 

14 data collected in the United States. The Department of 

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

16 of the Census, together with the Department of the Inte17 rior, shall coordinate their efforts to achieve such improve18 ments.’’. 

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

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

21 this Act. 

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

23 ALLOCATION OF FUNDS.— 

24 (1) RESERVATION.—From the funds appro25 priated to carry out this section for a fiscal year, the 


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1 Secretary shall reserve 1 percent to provide assist2 ance under this section to the outlying areas and for 

3 payments to the Secretary of the Interior to provide 

4 assistance consistent with this section to schools 

5 funded by the Bureau of Indian Education. Funds 

6 reserved under this subsection shall be distributed 

7 by the Secretary among the outlying areas and the 

8 Secretary of the Interior on the basis of their rel9 ative need, as determined by the Secretary, in ac10 cordance with the purposes of this section. 

11 (2) ALLOCATION TO STATE EDUCATIONAL

12 AGENCIES.—After making the reservation described 

13 in paragraph (1), from the remainder of the appro14 priated funds described in paragraph (1), the Sec15 retary shall allocate to each State educational agen16 cy serving a State an amount that bears the same 

17 relation to the remainder for the fiscal year as the 

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

19 such Act for fiscal year 2008 bears to the amount 

20 all States received under such part for fiscal year 

21 2008, except that no such State educational agency 

22 shall receive less than 0.5 percent of the amount al23 located under this paragraph. 

24 (b) WITHIN-STATE ALLOCATIONS.— 

25 (1) ADMINISTRATIVE COSTS.— 


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1 (A) STATE EDUCATIONAL AGENCY ADMIN2 ISTRATION.—Except as provided in subpara3 graph (C), each State educational agency may 

4 reserve not more than 1 percent of its allocation 

5 under subsection (a)(2) or $1,000,000, which6 ever is less, for the purpose of administering 

7 the distribution of grants under this subsection. 

8 (B) REQUIRED USES.—The State edu9 cational agency shall use a portion of the re10 served funds to establish or support a State11 level database of public school facility inventory, 

12 condition, design, and utilization. 

13 (C) STATE ENTITY ADMINISTRATION.—If 

14 the State educational agency transfers funds to 

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

16 the State educational agency shall transfer to 

17 such entity 0.75 of the amount reserved under 

18 this paragraph for the purpose of administering 

19 the distribution of grants under this subsection. 

20 (2) RESERVATION FOR COMPETITIVE SCHOOL

21 REPAIR AND RENOVATION GRANTS TO LOCAL EDU22 CATIONAL AGENCIES.— 

23 (A) IN GENERAL.—Subject to the reserva24 tion under paragraph (1), of the funds allocated 

25 to a State educational agency under subsection 


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•S 3604 IS 

1 (a)(2), the State educational agency shall dis2 tribute 100 percent of such funds to local edu3 cational agencies or, if such State educational 

4 agency is not responsible for the financing of 

5 education facilities, the State educational agen6 cy shall transfer such funds to the State entity 

7 responsible for the financing of education facili8 ties (referred to in this section as the ‘‘State 

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

10 educational agencies in accordance with this 

11 paragraph, to be used, consistent with sub12 section (c), for school repair and renovation. 

13 (B) COMPETITIVE GRANTS TO LOCAL EDU14 CATIONAL AGENCIES.—The State educational 

15 agency or State entity shall carry out a pro16 gram awarding grants, on a competitive basis, 

17 to local educational agencies for the purpose de18 scribed in subparagraph (A). Of the total 

19 amount available for distribution to local edu20 cational agencies under this paragraph, the 

21 State educational agency or State entity, shall, 

22 in carrying out the grant competition— 

23 (i) award to high-need local edu24 cational agencies, in the aggregate, at least 

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1 ship to such total amount as the aggregate 

2 amount such high-need local educational 

3 agencies received under part A of title I of 

4 the Elementary and Secondary Education 

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

6 fiscal year 2008 bears to the aggregate 

7 amount received for such fiscal year under 

8 such part by all local educational agencies 

9 in the State; 

10 (ii) award to rural local educational 

11 agencies in the State, in the aggregate, at 

12 least an amount which bears the same re13 lationship to such total amount as the ag14 gregate amount such rural local edu15 cational agencies received under such part 

16 for fiscal year 2008 bears to the aggregate 

17 amount received for such fiscal year under 

18 such part by all local educational agencies 

19 in the State; and 

20 (iii) award the remaining funds to 

21 local educational agencies not receiving an 

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

23 high-need local educational agencies and 

24 rural local educational agencies that did 

25 not receive such an award. 


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1 (C) CRITERIA FOR AWARDING GRANTS.— 

2 In awarding competitive grants under this para3 graph, a State educational agency or State enti4 ty shall take into account the following criteria: 

5 (i) PERCENTAGE OF POOR CHIL6 DREN.—The percentage of poor children 5 

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

8 educational agency. 

9 (ii) NEED FOR SCHOOL REPAIR AND

10 RENOVATION.—The need of a local edu11 cational agency for school repair and ren12 ovation, as demonstrated by the condition 

13 of the public school facilities of the local 

14 educational agency. 

15 (iii) FISCAL CAPACITY.—The fiscal ca16 pacity of a local educational agency to 

17 meet the needs of the local educational 

18 agency for repair and renovation of public 

19 school facilities without assistance under 

20 this section, including the ability of the 

21 local educational agency to raise funds 

22 through the use of local bonding capacity 

23 and otherwise. 

24 (iv) CHARTER SCHOOL ACCESS TO

25 FUNDING.—In the case of a local eduVerDate Aug 31 2005 02:51 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S3604.IS S3604

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1 cational agency that proposes to fund a re2 pair or renovation project for a charter 

3 school, the extent to which the school has 

4 access to funding for the project through 

5 the financing methods available to other 

6 public schools or local educational agencies 

7 in the State. 

8 (v) LIKELIHOOD OF MAINTAINING

9 THE FACILITY.—The likelihood that the 

10 local educational agency will maintain, in 

11 good condition, any facility whose repair or 

12 renovation is assisted under this section. 

13 (D) MATCHING REQUIREMENT.— 

14 (i) IN GENERAL.—A State educational 

15 agency or State entity shall require local 

16 educational agencies to match funds 

17 awarded under this subsection. 

18 (ii) MATCH AMOUNT.—The amount of 

19 a match described in clause (i) may be es20 tablished by using a sliding scale that 

21 takes into account the relative poverty of 

22 the population served by the local edu23 cational agency. 

24 (c) RULES APPLICABLE TO SCHOOL REPAIR AND

25 RENOVATION.—With respect to funds made available 


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•S 3604 IS 

1 under this section that are used for school repair and ren2 ovation, the following rules shall apply: 

3 (1) PERMISSIBLE USES OF FUNDS.—School re4 pair and renovation shall be limited to 1 or more of 

5 the following: 

6 (A) EMERGENCY REPAIRS OR RENOVA7 TIONS.—Emergency repairs or renovations to 

8 public school facilities only to ensure the health 

9 and safety of students and staff, including— 

10 (i) repairing, replacing, or installing 

11 roofs, windows, doors, electrical wiring, 

12 plumbing systems, or sewage systems; 

13 (ii) repairing, replacing, or installing 

14 heating, ventilation, or air conditioning 

15 systems (including insulation); and 

16 (iii) bringing public schools into com17 pliance with fire and safety codes. 

18 (B) MODIFICATIONS FOR COMPLIANCE

19 WITH THE AMERICANS WITH DISABILITIES ACT

20 OF 1990.—School facilities modifications nec21 essary to render public school facilities acces22 sible in order to comply with the Americans 

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

24 et seq.). 


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•S 3604 IS 

1 (C) MODIFICATIONS FOR COMPLIANCE

2 WITH SECTION 504 OF THE REHABILITATION

3 ACT OF 1973.—School facilities modifications 

4 necessary to render public school facilities ac5 cessible in order to comply with section 504 of 

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

7 (D) ASBESTOS ABATEMENT OR RE8 MOVAL.—Asbestos abatement or removal from 

9 public school facilities. 

10 (E) CHARTER SCHOOL BUILDING INFRA11 STRUCTURE.—Renovation and repair needs re12 lated to the building infrastructure of a charter 

13 school. 

14 (2) IMPERMISSIBLE USES OF FUNDS.—No 

15 funds received under this section may be used for— 

16 (A) payment of maintenance costs in con17 nection with any projects constructed in whole 

18 or part with Federal funds provided under this 

19 section; 

20 (B) the construction of new facilities; or 

21 (C) stadiums or other facilities primarily 

22 used for athletic contests or exhibitions or other 

23 events for which admission is charged to the 

24 general public. 


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•S 3604 IS 

1 (3) SUPPLEMENT, NOT SUPPLANT.—Excluding 

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

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

4 Federal funds subject to this subsection only to sup5 plement the amount of funds that would, in the ab6 sence of such Federal funds, be made available from 

7 non-Federal sources for school repair and renova8 tion. 

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

10 educational agency that receives funds under this section 

11 shall ensure that, if the local educational agency carries 

12 out repair or renovation through a contract, any such con13 tract process ensures the maximum number of qualified 

14 bidders, including small, minority, and women-owned busi15 nesses, through full and open competition. 

16 (e) REPORTING.— 

17 (1) LOCAL REPORTING.—Each local educational 

18 agency receiving funds made available under sub19 section (a)(2) shall submit a report to the State edu20 cational agency, at such time as the State edu21 cational agency may require, describing the use of 

22 such funds for school repair and renovation. 

23 (2) STATE REPORTING.—Each State edu24 cational agency receiving funds made available under 

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


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•S 3604 IS 

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

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

3 available to local educational agencies for school re4 pair and renovation. 

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

6 does not apply for an allocation of funds under subsection 

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

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

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

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

11 year to the remaining State educational agencies in ac12 cordance with subsection (a)(2). 

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

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

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

16 5210 of the Elementary and Secondary Education 

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

18 (2) HIGH-NEED LOCAL EDUCATIONAL AGEN19 CY.—The term ‘‘high-need local educational agency’’ 

20 has the meaning given the term in section 

21 2102(3)(A) of such Act (20 U.S.C. 6602(3)(A)). 

22 (3) LOCAL EDUCATIONAL AGENCY; SECRETARY; 

23 STATE EDUCATIONAL AGENCY.—The terms ‘‘local 

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•S 3604 IS 

1 cational agency’’ have the meanings given the terms 

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

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

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

5 1121(c) of such Act (20 U.S.C. 6331(c)). 

6 (5) POOR CHILDREN.—The term ‘‘poor chil7 dren’’ refers to children 5 to 17 years of age, inclu8 sive, who are from families with incomes below the 

9 poverty line (as defined by the Office of Manage10 ment and Budget and revised annually in accordance 

11 with section 673(2) of the Community Services 

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

13 a family of the size involved for the most recent fis14 cal year for which data satisfactory to the Secretary 

15 are available. 

16 (6) RURAL LOCAL EDUCATIONAL AGENCY.— 

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

18 local educational agency that the State determines is 

19 located in a rural area using objective data and a 

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

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

22 the several states of the United States, the District 

23 of Columbia, and the Commonwealth of Puerto Rico. 

24 SEC. 1703. RESTORATION OF ACCESS TO NOMINAL

25 DRUG PRICING FOR CERTAIN CLINICS AND HEALTH CENVerDate Aug 31 2005 02:51 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S3604.IS S3604

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•S 3604 IS 

1 TERS. (a) IN GENERAL.—Section 1927(c)(1)(D) of the So2 cial Security Act (42 U.S.C. §1396r-8(c)(1)(D)), as added 

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

4 2005 (Public Law 109–171), is amended— 

5 (1) in clause (i)— 

6 (A) by redesignating subclause (IV) as 

7 subclause (VI); and 

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

9 following: 

10 ‘‘(IV) An entity that— 

11 ‘‘(aa) is described in section 

12 501(c)(3) of the Internal Rev13 enue Code of 1986 and exempt 

14 from tax under section 501(a) of 

15 such Act or is State-owned or op16 erated; and 

17 ‘‘(bb) would be a covered en18 tity described in section 

19 340(B)(a)(4) of the Public 

20 Health Service Act insofar as the 

21 entity provides the same type of 

22 services to the same type of pop23 ulations as a covered entity de24 scribed in such section provides, 

25 but does not receive funding 


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•S 3604 IS 

1 under a provision of law referred 

2 to in such section. 

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

4 or an entity based at an institution of 

5 higher learning whose primary pur6 pose is to provide health care services 

7 to students of that institution, that 

8 provides a service or services de9 scribed under section 1001(a) of the 

10 Public Health Service Act.’’; and 

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

12 clause: 

13 ‘‘(iv) RULE OF CONSTRUCTION.— 

14 Nothing in this subparagraph shall be con15 strued to alter any existing statutory or 

16 regulatory prohibition on services with re17 spect to an entity described in subclause 

18 (IV) or (V) of clause (i), including the pro19 hibition set forth in section 1008 of the 

20 Public Health Service Act.’’. 

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

22 this section shall take effect as if included in the amend23 ment made by section 6001(d)(2) of the Deficit Reduction 

24 Act of 2005. 


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•S 3604 IS 

1 CHAPTER 8 

2 LEGISLATIVE BRANCH 

3 CAPITOL POLICE 

4 GENERAL EXPENSES

5 For an additional amount for ‘‘Capitol Police, Gen6 eral Expenses’’, $55,000,000 for costs associated with a 

7 radio modernization system, to remain available until ex8 pended: Provided, That the Chief of the Capitol Police 

9 may not obligate any of the funds appropriated under this 

10 heading without approval of an obligation plan by the 

11 Committees on Appropriations of the Senate and the 

12 House of Representatives. 

13 CHAPTER 9 

14 DEPARTMENT OF TRANSPORTATION 

15 FEDERAL AVIATION ADMINISTRATION

16 SUPPLEMENTAL DISCRETIONARY GRANTS FOR AIRPORT

17 INVESTMENT

18 For an additional amount for capital expenditures 

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

20 States Code, $400,000,000, to remain available until Sep21 tember 30, 2009: Provided, That the Secretary of Trans22 portation shall distribute funds provided under this head23 ing as discretionary grants to airports that demonstrate 

24 to her satisfaction their ability to obligate these funds 

25 within 180 days of the date of such distribution and shall 


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•S 3604 IS 

1 serve to supplement and not supplant planned expendi2 tures from airport-generated revenues or from other State 

3 and local sources on such activities: Provided further, That 

4 no funds provided under this heading shall be used for 

5 activities not identified on an airport layout plan: Provided 

6 further, That projects conducted using funds provided 

7 under this heading must comply with the requirements of 

8 subchapter IV of chapter 31 of title 40, United States 

9 Code. 

10 FEDERAL HIGHWAY ADMINISTRATION

11 SUPPLEMENTAL GRANTS TO STATES FOR FEDERAL-AID

12 HIGHWAY INVESTMENT

13 For an additional amount for restoration, repair, con14 struction and other activities eligible under paragraph (b) 

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

16 $8,000,000,000, to remain available until September 30, 

17 2009: Provided, That such funds shall be apportioned to 

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

19 such title: Provided further, That funding provided under 

20 this heading shall be in addition to any and all funds pro21 vided for fiscal years 2008 and 2009 in any other Act for 

22 ‘‘Federal-aid Highways’’ and shall not affect the distribu23 tion of funds provided for ‘‘Federal-aid Highways’’ in any 

24 other Act: Provided further, That the Secretary of Trans25 portation shall institute measures to ensure that funds 


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1 provided under this heading shall be obligated within 90 

2 days of the date of their apportionment, and shall serve 

3 to supplement and not supplant planned expenditures by 

4 States and localities on such activities from other Federal, 

5 State, and local sources: Provided further, That 90 days 

6 following the date of such apportionment, the Secretary 

7 shall withdraw and redistribute any unobligated funds uti8 lizing whatever method she deems appropriate to ensure 

9 that all funds provided under this heading shall be obli10 gated promptly: Provided further, That projects conducted 

11 using funds provided under this heading must comply with 

12 the requirements of subchapter IV of chapter 31 of title 

13 40, United States Code: Provided further, That for the 

14 purposes of the definition of States for this paragraph, 

15 sections 101(a)(32) of title 23, United States Code, shall 

16 apply. 

17 FEDERAL RAILROAD ADMINISTRATION

18 SUPPLEMENTAL CAPITAL GRANTS TO THE NATIONAL

19 RAILROAD PASSENGER CORPORATION

20 For an additional amount for the immediate invest21 ment in capital projects necessary to maintain and im22 prove national intercity passenger rail service, 

23 $350,000,000, to remain available until September 30, 

24 2009: Provided, That funds made available under this 

25 heading shall be allocated directly to the corporation for 


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1 the purpose of immediate investment in capital projects 

2 including the rehabilitation of rolling stock for the purpose 

3 of expanding passenger rail capacity: Provided further, 

4 that the Board of Directors shall take measures to ensure 

5 that funds provided under this heading shall be obligated 

6 within 180 days of the enactment of this Act and shall 

7 serve to supplement and not supplant planned expendi8 tures for such activities from other Federal, State, local 

9 and corporate sources: Provided further, That said Board 

10 of Directors shall certify to the House and Senate Com11 mittees on Appropriations in writing their compliance with 

12 the preceding proviso: Provided further, That not more 

13 than 50 percent of the funds provided under this heading 

14 may be used for capital projects along the Northeast Cor15 ridor. 

16 FEDERAL TRANSIT ADMINISTRATION

17 SUPPLEMENTAL DISCRETIONARY GRANTS FOR PUBLIC

18 TRANSIT INVESTMENT

19 For an additional amount for capital expenditures 

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

21 States Code, $2,000,000,000, to remain available until 

22 September 30, 2009: Provided, That the Secretary of 

23 Transportation shall apportion funds provided under this 

24 heading based on the formula set forth in subsections (a) 

25 through (c) of section 5336 of title 49, United States 


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1 Code: Provided further, That the Secretary shall take such 

2 measures necessary to ensure that the minimum amount 

3 of funding distributed under this heading to any individual 

4 transit authority shall not be less than $100,000: Provided 

5 further, That the Secretary of Transportation shall insti6 tute measures to ensure that funds provided under this 

7 heading shall be obligated within 90 days of the date of 

8 their apportionment, and shall serve to supplement and 

9 not supplant planned expenditures by States and localities 

10 on such activities from other Federal, State and local 

11 sources as well as transit authority revenues: Provided fur12 ther, That 90 days following the date of such apportion13 ment, the Secretary shall withdraw and redistribute any 

14 unobligated funds utilizing whatever method she deems 

15 appropriate to ensure that all funds provided under this 

16 paragraph shall be obligated promptly: Provided further, 

17 That the Secretary of Transportation shall make such 

18 funds available to pay for operating expenses to the extent 

19 that a transit authority demonstrates to her satisfaction 

20 that such funds are necessary to continue current services 

21 or expand such services to meet increased ridership: Pro22 vided further, That the funds appropriated under this 

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

24 United States Code but shall not be comingled with funds 

25 available under the Formula and Bus Grants account. 


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1 MARITIME ADMINISTRATION

2 SUPPLEMENTAL GRANTS FOR ASSISTANCE TO SMALL

3 SHIPYARDS

4 For an additional amount to make grants to qualified 

5 shipyards as authorized under section 3506 of Public Law 

6 109–163 or section 54101 of title 46, United States Code, 

7 $44,000,000, to remain available until September 30, 

8 2009: Provided, That the Secretary of Transportation 

9 shall institute measures to ensure that funds provided 

10 under this heading shall be obligated within 180 days of 

11 the date of their apportionment: Provided further, That 

12 not to exceed 2 percent of the funds appropriated under 

13 this heading shall be available for necessary costs of grant 

14 administration. 

15 DEPARTMENT OF HOUSING AND URBAN 

16 DEVELOPMENT 

17 SUPPLEMENTAL GRANTS TO PUBLIC HOUSING

18 AGENCIES FOR CAPITAL NEEDS

19 For an additional amount for discretionary grants to 

20 public housing agencies for capital expenditures permitted 

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

22 of 1937, as amended, $250,000,000, to remain available 

23 until September 30, 2009: Provided, That in allocating 

24 discretionary grants under this paragraph, the Secretary 

25 of Housing and Urban Development shall give priority 


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1 consideration to the rehabilitation of vacant rental units: 

2 Provided further, That notwithstanding any other provi3 sion of law, the Secretary shall institute measures to en4 sure that funds provided under this paragraph shall be 

5 obligated within 180 days of the date of enactment of this 

6 Act and shall serve to supplement and not supplant ex7 penditures from other Federal, State, or local sources or 

8 funds independently generated by the grantee: Provided 

9 further, That in administering funds provided in this para10 graph, the Secretary may waive any provision of any stat11 ute or regulation that the Secretary administers in connec12 tion with the obligation by the Secretary or the use by 

13 the recipient of these funds (except for requirements re14 lated to fair housing, nondiscrimination, labor standards, 

15 and the environment), upon a finding that such waiver is 

16 required to facilitate the timely use of such funds. 

17 SUPPLEMENTAL GRANTS TO PUBLIC HOUSING AGENCIES

18 FOR EXTRAORDINARY ENERGY COSTS

19 For an additional amount for discretionary grants to 

20 public housing agencies for operating expenses permitted 

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

22 1937 (42 U.S.C. 1437g(e)), $200,000,000, to remain 

23 available until September 30, 2009: Provided, That fund24 ing provided under this heading shall be used to cover ex25 traordinary energy costs: Provided further, That to be eli26 gible for such grants, public housing agencies must demVerDate Aug 31 2005 02:51 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S3604.IS S3604

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1 onstrate to the satisfaction of the Secretary a significant 

2 increase in energy costs associated with operating and 

3 maintaining public housing: Provided further, That not4 withstanding any other provision of law, the Secretary 

5 shall institute measures to ensure that funds provided 

6 under this paragraph shall be allocated to those public 

7 housing agencies most in need of such assistance and that 

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

9 of enactment of this Act: Provided further, That in admin10 istering funds provided in this paragraph, the Secretary 

11 may waive any provision of any statute or regulation that 

12 the Secretary administers in connection with the obliga13 tion by the Secretary or the use by the recipient of these 

14 funds (except for requirements related to fair housing, 

15 nondiscrimination, labor standards and the environment), 

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

17 the timely use of such funds. 

18 HOUSING ASSISTANCE FOR TENANTS DISPLACED BY

19 FORECLOSURE

20 For an additional amount for grants to public hous21 ing agencies or grantees participating in Continuums of 

22 Care receiving assistance through existing Housing and 

23 Urban Development programs, for the purpose of pro24 viding relocation and temporary housing assistance to in25 dividuals and families that reside in dwelling units that 

26 have been foreclosed upon, or are in default and where 


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1 foreclosure is imminent, $200,000,000, to be available 

2 until September 30, 2009: Provided, That the Secretary 

3 of Housing and Urban Development shall allocate 

4 amounts made available under this heading to grantees 

5 located in areas with the greatest number and percentage 

6 of homes in default or delinquency and the greatest num7 ber and percentage of homes in foreclosure: Provided fur8 ther, That funding made available under this heading may 

9 be used for temporary rental assistance, first and last 

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

11 or other appropriate services necessary to assist eligible 

12 individuals or families in finding safe and affordable per13 manent housing: Provided further, That the Secretary 

14 shall provide notice of the availability of funding provided 

15 under this heading within 60 days of the enactment of 

16 this Act. 

17 FEDERAL HOUSING ADMINISTRATION

18 INFORMATION TECHNOLOGY

19 For an additional amount to maintain, modernize 

20 and improve technology systems and infrastructure for the 

21 Federal Housing Administration, $37,000,000, to remain 

22 available until September 30, 2009: Provided, That these 

23 funds shall serve to supplement and not supplant planned 

24 expenditures for the Federal Housing Administration for 

25 information technology maintenance and development 


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1 funding provided through the Departmental Working Cap2 ital Fund. 

3 SALARIES AND EXPENSES

4 For an additional amount for salaries and expenses 

5 for the Federal Housing Administration, $15,000,000, to 

6 remain available until September 30, 2009: Provided, 

7 That of the total amount provided under this paragraph, 

8 not less than $13,000,000 shall be made available under 

9 the heading ‘‘Housing Personnel Compensation and Bene10 fits’’ and up to $2,000,000 shall be made available under 

11 the heading ‘‘Management and Administration, Adminis12 tration, Operations and Management’’: Provided further, 

13 That with funding provided under this paragraph, the 

14 Federal Housing Administration Commissioner is hereby 

15 authorized to take such actions and perform such func16 tions as necessary regarding the hiring of personnel for 

17 performing functions of the Federal Housing Administra18 tion within the Office of Housing. 

19 GENERAL PROVISIONS—THIS CHAPTER 

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

21 States Code, is amended by striking ‘‘or an amount equiv22 alent to the last 3 fiscal years of funding allocated under 

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

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

25 years beyond the current fiscal year, assuming an annual 

26 growth of the program of 10 percent’’. 


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

2 other Act may be used by the Secretary of Transportation 

3 to take any action regarding airline operations at any 

4 United States commercial airport that involves: 

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

6 charge or fee, by the Secretary or the Federal Avia7 tion Administrator, for rights, authorization or per8 mission by them to conduct flight operations at, or 

9 in the navigable airspace of, any such airport; 

10 (2) implementing or facilitating any such auc11 tion, sale or lease, or the imposition of any such 

12 charge or fee by the Secretary or the Administrator 

13 initiated prior to enactment of this Act; or 

14 (3) the withdrawal or involuntary transfer by 

15 the Secretary or Administrator of rights, authoriza16 tions or permissions to operate at, or in the navi17 gable airspace of, any such airport for the purpose 

18 of the auction, sale or lease of such rights, author19 izations or permissions, or the imposition by the Sec20 retary or Administrator of any charge or fee for 

21 such rights, authorization or permission. 


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1 TITLE II—NUTRITION PRO2 GRAMS FOR ECONOMIC STIM3 ULUS 

4 SEC. 2001. NUTRITION PROGRAMS FOR ECONOMIC STIM5 ULUS. 

6 (a) MAXIMUM BENEFIT INCREASE.— 

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

8 month that begins not less than 25 days after the 

9 date of enactment of this Act, the Secretary of Agri10 culture (referred to in this section as the ‘‘Sec11 retary’’) shall increase the cost of the thrifty food 

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

13 Nutrition Act of 2008 (7 U.S.C. 2017(a)) by 10 per14 cent. 

15 (2) TERMINATION OF EFFECTIVENESS.—The 

16 authority provided by this subsection terminates and 

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

18 (b) REQUIREMENTS FOR THE SECRETARY.—In car19 rying out this section, the Secretary shall— 

20 (1) consider the benefit increase described in 

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

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

23 households of the increase in benefits; 

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

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


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1 to apply to any errors in the implementation of this 

2 section, without regard to the 120-day limit de3 scribed in that section; and 

4 (4) disregard the value of benefits resulting 

5 from this section in any required calculations or esti6 mates of benefits if the Secretary determines it is 

7 necessary to ensure efficient administration of pro8 grams authorized under the Food and Nutrition Act 

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

10 programs. 

11 (c) STATE ADMINISTRATIVE EXPENSES.— 

12 (1) IN GENERAL.—For the costs of State ad13 ministrative expenses associated with carrying out 

14 this section, the Secretary shall make available 

15 $50,000,000, to remain available until expended. 

16 (2) AVAILABILITY OF FUNDS.—Funds described 

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

18 agencies based on each State’s share of households 

19 that participate in the supplemental nutrition assist20 ance program established under the Food and Nutri21 tion Act of 2008 (7 U.S.C. 2011 et seq.). 

22 (3) CONSOLIDATED BLOCK GRANTS FOR PUER23 TO RICO AND AMERICAN SAMOA.—For fiscal year 

24 2009, the Secretary shall increase by 10 percent the 

25 amount available for nutrition assistance for eligible 


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1 households under the consolidated block grants for 

2 Puerto Rico and American Samoa under section 19 

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

4 2028). 

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

6 Secretary such sums as are necessary to carry out this 

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

8 TITLE III—STATE FISCAL RELIEF 

9 SEC. 3001. TEMPORARY INCREASE OF MEDICAID FMAP. 

10 (a) PERMITTING MAINTENANCE OF FISCAL YEAR

11 2008 FMAP FOR FISCAL YEAR 2009.—Subject to sub12 sections (d), (e), and (f), if the FMAP determined without 

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

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

15 the FMAP for the State for fiscal year 2008 shall be sub16 stituted for the State’s FMAP for fiscal year 2009, before 

17 the application of this section. 

18 (b) PERMITTING MAINTENANCE OF FISCAL YEAR

19 2009 FMAP FOR FIRST QUARTER OF FISCAL YEAR

20 2010.—Subject to subsections (d), (e), and (f), if the 

21 FMAP determined without regard to this section for a 

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

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

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


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

2 before the application of this section. 

3 (c) GENERAL 4 PERCENTAGE POINTS INCREASE FOR

4 FISCAL YEAR 2009 AND FIRST CALENDAR QUARTER OF

5 FISCAL YEAR 2010.— 

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

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

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

9 FMAP (taking into account the application of sub10 sections (a) and (b)) shall be increased by 4.0 per11 centage points. 

12 (2) INCREASE IN CAP ON MEDICAID PAYMENTS

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

14 (f), with respect to fiscal year 2009 and the first cal15 endar quarter of fiscal year 2010, the amounts oth16 erwise determined for Puerto Rico, the Virgin Is17 lands, Guam, the Northern Mariana Islands, and 

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

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

20 1308) shall each be increased by an amount equal 

21 to 4.0 percent of such amounts. 

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

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

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

25 not apply with respect to— 


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1 (1) disproportionate share hospital payments 

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

3 1396r–4); 

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

5 (42 U.S.C. 601 et seq. and 1397aa et seq.); or 

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

7 that are based on the enhanced FMAP described in 

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

9 (e) STATE INELIGIBILITY.— 

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

11 State is not eligible for an increase in its FMAP 

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

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

14 under its State plan under title XIX of the Social 

15 Security Act (including any waiver under such title 

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

17 1315)) is more restrictive than the eligibility under 

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

19 2008. 

20 (2) STATE REINSTATEMENT OF ELIGIBILITY

21 PERMITTED.—A State that has restricted eligibility 

22 under its State plan under title XIX of the Social 

23 Security Act (including any waiver under such title 

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

25 1315)) after September 1, 2008, is no longer ineliVerDate Aug 31 2005 02:51 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S3604.IS S3604

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1 gible under paragraph (1) beginning with the first 

2 calendar quarter in which the State has reinstated 

3 eligibility that is no more restrictive than the eligi4 bility under such plan (or waiver) as in effect on 

5 September 1, 2008. 

6 (3) RULE OF CONSTRUCTION.—Nothing in 

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

8 a State’s flexibility with respect to benefits offered 

9 under the State Medicaid program under title XIX 

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

11 (including any waiver under such title or under sec12 tion 1115 of such Act (42 U.S.C. 1315)). 

13 (f) REQUIREMENTS.— 

14 (1) IN GENERAL.—A State may not use the ad15 ditional Federal funds paid to the State as a result 

16 of this section for purposes of increasing any reserve 

17 or rainy day fund maintained by the State. 

18 (2) ADDITIONAL REQUIREMENT FOR CERTAIN

19 STATES.—In the case of a State that requires polit20 ical subdivisions within the State to contribute to21 ward the non-Federal share of expenditures under 

22 the State Medicaid plan required under section 

23 1902(a)(2) of the Social Security Act (42 U.S.C. 

24 1396a(a)(2)), the State is not eligible for an in25 crease in its FMAP under subsection (c)(1), or an 


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

2 it requires that such political subdivisions pay a 

3 greater percentage of the non-Federal share of such 

4 expenditures for fiscal year 2009, and the first cal5 endar quarter of fiscal year 2010, than the percent6 age that would have been required by the State 

7 under such plan on September 1, 2008, prior to ap8 plication of this section. 

9 (g) DEFINITIONS.—In this section: 

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

11 Federal medical assistance percentage, as defined in 

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

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

14 (2) STATE.—The term ‘‘State’’ has the mean15 ing given such term for purposes of title XIX of the 

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

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

18 section is repealed. 

19 SEC. 3002. TEMPORARY REINSTATEMENT OF AUTHORITY 

20 TO PROVIDE FEDERAL MATCHING PAYMENTS 

21 FOR STATE SPENDING OF CHILD SUPPORT 

22 INCENTIVE PAYMENTS. 

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

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

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


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1 without regard to the amendment made by section 

2 7309(a) of the Deficit Reduction Act of 2005 (Public Law 

3 109–171, 120 Stat. 147). 

4 TITLE IV—UNEMPLOYMENT 

5 INSURANCE 

6 SEC. 4001. EMERGENCY UNEMPLOYMENT COMPENSATION 

7 PROGRAM. 

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

9 4002(b)(1) of the Supplemental Appropriations Act, 2008 

10 (26 U.S.C. 3304 note) is amended— 

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

12 inserting ‘‘80’’; and 

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

14 inserting ‘‘20’’. 

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

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

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

18 ‘‘(c) SPECIAL RULE.— 

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

20 amount established in an individual’s account under 

21 subsection (b)(1) is exhausted or at any time there22 after, such individual’s State is in an extended ben23 efit period (as determined under paragraph (2)), 

24 such account shall be augmented by an amount 

25 equal to the lesser of— 


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

2 regular compensation (including dependents’ al3 lowances) payable to the individual during the 

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

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

6 weekly benefit amount (as determined under 

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

8 ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur9 poses of paragraph (1), a State shall be considered 

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

11 time, if— 

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

13 such State under the Federal-State Extended 

14 Unemployment Compensation Act of 1970; 

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

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

17 of such Act— 

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

19 for ‘5’ each place it appears; and 

20 ‘‘(ii) did not include the requirement 

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

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

23 for such State under such Act if— 

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

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1 er the State by law had provided for such 

2 application); and 

3 ‘‘(ii) such section 203(f)— 

4 ‘‘(I) were applied by substituting 

5 ‘6.0’ for ‘6.5’ in paragraph (1)(A)(i) 

6 thereof; and 

7 ‘‘(II) did not include the require8 ment under paragraph (1)(A)(ii) 

9 thereof. 

10 ‘‘(3) LIMITATION.—The account of an indi11 vidual may be augmented not more than once under 

12 this subsection.’’. 

13 (c) PHASEOUT PROVISIONS.—Section 4007(b) of the 

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

15 note) is amended— 

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

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

18 (2) by striking paragraph (2) and inserting the 

19 following: 

20 ‘‘(2) NO AUGMENTATION AFTER MARCH 31, 

21 2009.—If the amount established in an individual’s 

22 account under subsection (b)(1) is exhausted after 

23 March 31, 2009, then section 4002(c) shall not 

24 apply and such account shall not be augmented 

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1 vidual’s State is in an extended benefit period (as 

2 determined under paragraph (2) of such section). 

3 ‘‘(3) TERMINATION.—No compensation under 

4 this title shall be payable for any week beginning 

5 after November 27, 2009.’’. 

6 (d) EFFECTIVE DATE.— 

7 (1) IN GENERAL.—The amendments made by 

8 this section shall apply as if included in the enact9 ment of the Supplemental Appropriations Act, 2008, 

10 subject to paragraph (2). 

11 (2) ADDITIONAL BENEFITS.—In applying the 

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

13 additional emergency unemployment compensation 

14 made payable by such amendments (which would not 

15 otherwise have been payable if such amendments 

16 had not been enacted) shall be payable only with re17 spect to any week of unemployment beginning on or 

18 after the date of the enactment of this Act. 

19 SEC. 4002. TEMPORARY FEDERAL MATCHING FOR THE 

20 FIRST WEEK OF EXTENDED BENEFITS FOR 

21 STATES WITH NO WAITING WEEK. 

22 With respect to weeks of unemployment beginning 

23 after the date of enactment of this Act and ending on or 

24 before December 8, 2009, subparagraph (B) of section 

25 204(a)(2) of the Federal-State Extended Unemployment 


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1 Compensation Act of 1970 (26 U.S.C. 3304 note) shall 

2 not apply. 

3 TITLE V—NATIONAL PARK 

4 CENTENNIAL FUND ACT 

5 SECTION 5001. SHORT TITLE. 

6 This Act may be cited as the ‘‘National Park Centen7 nial Fund Act’’. 

8 SEC. 5002. DEFINITIONS. 

9 In this Act: 

10 (1) FUND.—The term ‘‘Fund’’ means the Na11 tional Park Centennial Fund established under sec12 tion 5003. 

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

14 fair market value of non-cash contributions provided 

15 by non-Federal partners, which may be in the form 

16 of real property, equipment, supplies and other ex17 pendable property, as well as other goods and serv18 ices. 

19 (3) PROJECT OR PROGRAM.—The term ‘‘Project 

20 or program’’ means a National Park Centennial 

21 Project or Program funded pursuant to this Act. 

22 (4) PROPOSAL.—The term ‘‘Proposal’’ means a 

23 National Park Centennial Proposal submitted pursu24 ant to section 5004. 


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

2 the Secretary of the Interior. 

3 SEC. 5003. NATIONAL PARK CENTENNIAL FUND. 

4 (a) IN GENERAL.—There is established in the Treas5 ury of the United States a fund which shall be known as 

6 the ‘‘National Park Centennial Fund’’. In each of fiscal 

7 years 2009 through 2018, the Secretary of the Treasury 

8 shall deposit into the Fund the following: 

9 (1) Cash donations received by the National 

10 Park Service in support of projects or programs au11 thorized by this Act. 

12 (2) From the General Fund, an amount equiva13 lent to— 

14 (A) the amount described in paragraph 

15 (1), excluding donations pledged through a let16 ter of credit in a prior year; and 

17 (B) the amount of donations pledged 

18 through letters of credit in the same fiscal year. 

19 (b) LIMITATION ON AMOUNT.—The total amount of 

20 deposits from the General Fund under subsection (a)(2) 

21 shall not exceed, in the aggregate, $1,000,000,000 for fis22 cal years 2009 through 2018. 

23 SEC. 5004. PROGRAM ALLOCATION. 

24 (a) IN GENERAL.—Each fiscal year, the President’s 

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1 rior shall include a list of proposals which shall be known 

2 as National Park Centennial Proposals. The Secretary 

3 shall establish a standard process for developing the list 

4 that shall encourage input from both the public and a 

5 broad cross-section of employees at every level of the Na6 tional Park Service. The list— 

7 (1) shall include proposals having an aggregate 

8 cost to the Federal Government equal to the unobli9 gated amount in the Fund; 

10 (2) shall include only proposals consistent with 

11 National Park Service policies and adopted park 

12 planning documents; 

13 (3) may include proposals for any area within 

14 the national park system (as that term is defined in 

15 section 2 of the Act of August 8, 1953 (16 U.S.C. 

16 1c)), clusters of areas within such system, a region 

17 or regions of such system, or such system in its en18 tirety; 

19 (4) shall cumulatively represent a nationwide 

20 array of proposals that is diverse geographically, in 

21 size, scope, magnitude, theme, and variety under the 

22 initiatives described in subsection (b); 

23 (5) shall give priority to proposals dem24 onstrating long-term viability beyond receipts from 

25 the Fund; 


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1 (6) shall include only proposals meeting the re2 quirements of one or more of the initiatives set forth 

3 in subsection (b); 

4 (7) should contain proposals under each of the 

5 initiatives set forth in subsection (b); and 

6 (8) shall give priority to proposals with com7 mitted, non-Federal support but shall also include 

8 proposals funded entirely by the Fund. 

9 (b) NATIONAL PARK CENTENNIAL INITIATIVES.— 

10 The requirements referred to in subsection (a)(6) are as 

11 follows: 

12 (1) EDUCATION IN PARKS CENTENNIAL INITIA13 TIVE.—Proposals for the ‘‘Education in Parks Cen14 tennial Initiative’’ shall meet the following require15 ments: 

16 (A) Priority shall be given to proposals de17 signed to increase National Park-based edu18 cational opportunities for elementary, secondary 

19 and college students particularly those from 

20 populations historically under represented 

21 among visitors to the National Park System. 

22 (B) Priority shall be given to proposals de23 signed to bring students into the National Park 

24 System in person. 


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1 (C) Proposals should include strategies for 

2 encouraging young people to become lifelong 

3 advocates for National Parks. 

4 (D) Proposals shall be developed in con5 sultation with the leadership of educational and 

6 youth organizations expected to participate in 

7 the proposed initiative. 

8 (2) DIVERSITY IN PARKS CENTENNIAL INITIA9 TIVE.— 

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

11 the date of the enactment of this Act, the Sec12 retary shall submit to the Committee on Nat13 ural Resources of the House of Representatives 

14 and the Committee on Energy and Natural Re15 sources of the Senate a report detailing a serv16 ice-wide strategy for increasing diversity among 

17 National Park Service employees at all levels 

18 and visitors to the National Park System. 

19 (B) PROPOSALS.—Proposals for the ‘‘Di20 versity in Parks Centennial Initiative’’ shall 

21 meet the following requirements: 

22 (i) Each proposal shall be based on 

23 recommendations contained in the report 

24 required in subparagraph (A). 


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1 (ii) Each proposal shall be designed to 

2 make National Park Service employees, 

3 visitors to the National Park System, or 

4 both, reflect the diversity of the population 

5 of the United States. 

6 (3) SUPPORTING PARK PROFESSIONALS CEN7 TENNIAL INITIATIVE.—Proposals for the ‘‘Sup8 porting Park Professionals Centennial Initiative’’ 

9 shall meet the following requirements: 

10 (A) Taken as a whole, proposals shall pro11 vide specific opportunities for National Park 

12 Service employees, at all levels, to participate in 

13 professional career development. 

14 (B) Proposals may include National Park 

15 Service-designed, internal professional develop16 ment programs. 

17 (C) Proposals may also be designed to fa18 cilitate participation in external professional de19 velopment programs or established courses of 

20 study by National Park Service employees. 

21 (4) ENVIRONMENTAL LEADERSHIP CENTEN22 NIAL INITIATIVE.—Proposals for the ‘‘Environ23 mental Leadership Centennial Initiative’’ shall meet 

24 the following requirements: 


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1 (A) Each proposal shall be designed to do 

2 one or more of the following: 

3 (i) Reduce harmful emissions. 

4 (ii) Conserve energy or water re5 sources. 

6 (iii) Reduce solid waste production 

7 within the National Park System. 

8 (B) Each proposal shall include strategies 

9 for educating the public regarding Environ10 mental Leadership projects and their results. 

11 (C) Priority shall be given to proposals 

12 with the potential to spread technological ad13 vances to other Federal agencies or to the pri14 vate sector. 

15 (5) NATURAL RESOURCE PROTECTION CENTEN16 NIAL INITIATIVE.—Proposals for the ‘‘Natural Re17 source Protection Centennial Initiative’’ shall meet 

18 the following requirements: 

19 (A) Each proposal shall be designed to re20 store or conserve native ecosystems within the 

21 National Park System. 

22 (B) Priority shall be given to proposals de23 signed to control invasive species. 

24 (C) Each proposal shall be based on the 

25 best available scientific information. 


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1 (6) CULTURAL RESOURCE PROTECTION CEN2 TENNIAL INITIATIVE.—Proposals for the ‘‘Cultural 

3 Resource Protection Centennial Initiative’’ shall— 

4 (A) either— 

5 (i) increase the National Park Serv6 ice’s knowledge of cultural resources lo7 cated within the National Park System 

8 through means including, but not limited 

9 to, surveys, studies, mapping, and docu10 mentation of such resources; or 

11 (ii) improve the condition of docu12 mented cultural resources within the Na13 tional Park System; 

14 (B) incorporate the best available scientific 

15 information; and 

16 (C) where appropriate, be developed in 

17 consultation with Native American tribes, State 

18 historic preservation offices, or other organiza19 tions with cultural resource preservation exper20 tise. 

21 (7) HEALTH AND FITNESS IN PARKS CENTEN22 NIAL INITIATIVE.— 

23 (A) IN GENERAL.—Proposals for the 

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1 tiative’’ shall fall into one or more of the fol2 lowing four categories: 

3 (i) Proposals designed to repair, reha4 bilitate, or otherwise improve infrastruc5 ture, including trails, that facilitates 

6 healthy outdoor activity within the Na7 tional Park System. 

8 (ii) Proposals designed to expand op9 portunities for access to the National Park 

10 System for visitors with disabilities. 

11 (iii) Proposals to develop and imple12 ment management plans (such as climbing 

13 plans and trail system plans) for activities 

14 designed to increase the health and fitness 

15 of visitors to the National Park System. 

16 (iv) Proposals to develop outreach 

17 programs and media that provide public 

18 information regarding health and fitness 

19 opportunities within the National Park 

20 System. 

21 (B) MISCELLANEOUS REQUIREMENTS.— 

22 All proposals for ‘‘the Health and Fitness in 

23 Parks Centennial Initiative’’ shall— 


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1 (i) be consistent with National Park 

2 Service policies and adopted park planning 

3 documents; and 

4 (ii) be designed to provide for visitor 

5 enjoyment in such a way as to leave the 

6 National Park System unimpaired for fu7 ture generations. 

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

9 2018, unobligated amounts in the Fund shall be available 

10 without further appropriation for projects authorized by 

11 this Act, but may not be obligated or expended until 120 

12 days after the annual submission of the list of proposals 

13 required under this section to allow for Congressional re14 view. 

15 (d) LIMITATION ON DISTRIBUTION OF FUNDS.—No 

16 more than 50 percent of amounts available from the Fund 

17 for any fiscal year may be spent on projects that are for 

18 the construction of facilities that cost in excess of 

19 $5,000,000. 

20 SEC. 5005. PARTNERSHIPS. 

21 (a) DONATIONS.—The Secretary may actively en22 courage and facilitate participation in proposals from non23 Federal and philanthropic partners, and may accept dona24 tions, both monetary and in-kind for any Project or Pro25 gram pursuant to section 1 of the Act of June 5, 1920 


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1 (16 U.S.C. 6), and other authorities to accept donations 

2 existing on the date of enactment of this Act. 

3 (b) TERMS AND CONDITIONS.—To the extent that 

4 private organizations or individuals are to participate in 

5 or contribute to any Project or Program, the terms and 

6 conditions of that participation or contribution as well as 

7 all actions of employees of the National Park Service, shall 

8 be governed by National Park Service Directors Order 

9 #21, ‘‘Donations and Fundraising’’, as in force on the 

10 date of the enactment of this Act. 

11 SEC. 5006. MAINTENANCE OF EFFORT. 

12 Amounts made available from the Fund shall supple13 ment rather than replace annual expenditures by the Na14 tional Park Service, including authorized expenditures 

15 from the Land and Water Conservation Fund and the Na16 tional Park Service Line Item Construction Program. The 

17 National Park Service shall maintain adequate, permanent 

18 staffing levels and permanent staff shall not be replaced 

19 with nonpermanent employees hired to carry out this Act 

20 or Projects or Programs carried out with funds provided 

21 under this Act. 

22 SEC. 5007. REPORTS. 

23 For each fiscal year beginning in fiscal year 2009, 

24 the Secretary shall submit to Congress a report that in25 cludes the following: 


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1 (1) A detailed accounting of all expenditures 

2 from the Fund divided by categories of proposals 

3 under section 4(b), including a detailed accounting 

4 of any private contributions, either in funds or in 

5 kind, to any Project or Program. 

6 (2) A cumulative summary of the results of the 

7 National Park Centennial program including rec8 ommendations for revisions to the program. 

9 (3) A statement of whether the National Park 

10 Service has maintained adequate, permanent staffing 

11 levels and what nonpermanent and permanent staff 

12 have been hired to carry out this Act or Projects or 

13 Programs carried out with funds provided under this 

14 Act. 

15 TITLE VI 

16 GENERAL PROVISIONS—THIS ACT 

17 EMERGENCY DESIGNATION

18 SEC. 6001. Each amount in this Act is designated 

19 as an emergency requirement and necessary to meet emer20 gency needs pursuant to section 204(a) of S. Con. Res. 

21 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 

22 70 (110th Congress), the concurrent resolutions on the 

23 budget for fiscal years 2008 and 2009. 

24 COORDINATION OF PROVISIONS

25 SEC. 6002. Unless otherwise expressly provided, each 

26 amount in this Act is a supplemental appropriation for 


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1 fiscal year 2008, or, if enacted after September 30, 2008, 

2 for fiscal year 2009. 

3 This Act may be cited as the ‘‘Economic Recovery 

4 Act, 2008’’. 

Æ 


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