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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3604 Introduced in Senate (IS)]

  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2008, and for 
other purposes, namely:

                                TITLE I

             INFRASTRUCTURE, ENERGY, AND ECONOMIC RECOVERY

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency

                         salaries and expenses

    For an additional amount for ``Farm Service Agency, Salaries and 
Expenses'', for the purpose of maintaining and modernizing the 
information technology system, $171,700,000, to remain available until 
expended.

                         Rural Housing Service

                rural housing insurance program account

    For an additional amount for gross obligations for the principal 
amount of direct and guaranteed loans as authorized by title V of the 
Housing Act of 1949, to be available from funds in the rural housing 
insurance fund, as follows: $171,000,000 for section 502 borrowers for 
direct loans.
    For an additional amount for the cost of direct and guaranteed 
loans, including the cost of modifying loans, as defined in section 502 
of the Congressional Budget Act of 1974, to remain available until 
expended, as follows: $11,500,000 for section 502 direct loans.

               rural community facilities program account

    For an additional amount for gross obligations for the principal 
amount of direct and guaranteed loans and grants as authorized by 
section 306 of the Consolidated Farm and Rural Development Act, to be 
available from the rural community facilities program account, as 
follows: $612,000,000 for rural community facilities direct loans; 
$130,000,000 for guaranteed rural community facilities loans; and 
$50,000,000 for rural community facilities grants.
    For an additional amount for the cost of direct loans, guaranteed 
loans, and grants, including the cost of modifying loans, as defined in 
section 502 of the Congressional Budget Act of 1974, to remain 
available until expended, as follows: $35,000,000 for rural community 
facilities direct loans; $4,000,000 for rural community facilities 
guaranteed loans; and $50,000,000 for rural community facilities 
grants.

                  Rural Business--Cooperative Service

                    rural business enterprise grants

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

              rural development loan fund program account

    For an additional amount for gross obligations for the principal 
amount of direct loans as authorized by the Rural Development Loan Fund 
(42 U.S.C. 9812(a)), $30,000,000.
    For an additional amount for the cost of direct loans, including 
the cost of modifying loans, as defined in section 502 of the 
Congressional Budget Act of 1974, to remain available until expended, 
$12,600,000, for direct loans as authorized by the Rural Development 
Loan Fund (42 U.S.C. 9812(a)).

                        Rural Utilities Service

             rural water and waste disposal program account

    For an additional amount for the cost of direct loans, loan 
guarantees, and grants for the rural water, waste water, waste 
disposal, and solid waste management programs authorized by sections 
306, 306A, 306C, 306D, and 310B and described in sections 306C(a)(2), 
306D, and 381E(d)(2) of the Consolidated Farm and Rural Development 
Act, $200,000,000, to remain available until expended.

     distance learning, telemedicine, and broadband program account

    For an additional amount for grants for distance learning and 
telemedicine services in rural areas, as authorized by 7 U.S.C. 950aaa, 
et seq., $26,000,000, to remain available until expended.

                       Food and Nutrition Service

special supplemental nutrition program for women, infants, and children

    For an additional amount for the special supplemental nutrition 
program as authorized by section 17 of the Child Nutrition Act of 1966 
(42 U.S.C. 1786), $450,000,000, to remain available through September 
30, 2009.

               supplemental nutrition assistance program

    For an additional amount for the Emergency Food Assistance Program, 
as authorized by Section 4201 of Public Law 110-246, $50,000,000, to 
remain available until September 30, 2009, of which the Secretary may 
use up to 10 percent for costs associated with the distribution of 
commodities.

                      commodity assistance program

    For an additional amount for the Commodity Supplemental Food 
Program, $30,000,000, to support additional food purchases, to remain 
available until September 30, 2009.

                    GENERAL PROVISION--THIS CHAPTER

    Sec. 1101. (a) In this section, the term ``nonambulatory disabled 
cattle'' means cattle, other than cattle that are less than 5 months 
old or weigh less than 500 pounds, subject to inspection under section 
3(b) of the Federal Meat Inspection Act (21 U.S.C. 603(b)) that cannot 
rise from a recumbent position or walk, including cattle with a broken 
appendage, severed tendon or ligament, nerve paralysis, fractured 
vertebral column, or a metabolic condition.
    (b) None of the funds made available under this Act may be used to 
pay the salaries or expenses of any personnel of the Food Safety and 
Inspection Service to pass through inspection any nonambulatory 
disabled cattle for use as human food, regardless of the reason for the 
nonambulatory status of the cattle or the time at which the cattle 
became nonambulatory.
    (c) In addition to any penalties available under the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.), the Secretary shall impose 
penalties consistent with sections 10414 and 10415 of the Animal Health 
Protection Act (7 U.S.C. 8313, 8314) on any establishment that 
slaughters nonambulatory disabled cattle or prepares a carcass, part of 
a carcass, or meat or meat food product, from any nonambulatory 
disabled cattle, for use as human food.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

    For an additional amount for ``Economic Development Assistance 
Programs'' for economic adjustment assistance as authorized by section 
209 of the Public Works and Economic Development Act of 1965, as 
amended (42 U.S.C. 3149), $50,000,000, to remain available until 
expended: Provided, That in allocating funds provided in the previous 
proviso, the Secretary of Commerce shall give priority consideration to 
areas of the Nation that have experienced sudden and severe economic 
dislocation and job loss due to corporate restructuring.

                         DEPARTMENT OF JUSTICE

                     United States Marshals Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $50,000,000 
for the United States Marshals Service, to remain available until 
September 30, 2009, to implement and enforce the Adam Walsh Child 
Protection and Safety Act (Public Law 109-248) to apprehend non-
compliant sex offenders.

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $5,000,000, 
to remain available until September 30, 2009.

                       Office of Justice Programs

               state and local law enforcement assistance

    For an additional amount for ``State and Local Law Enforcement 
Assistance'' Edward Byrne Memorial Justice Assistance Grant program as 
authorized by subpart 1 of part E of title I of the Omnibus Crime 
Control and Safe Street Act of 1968 (``1968 Act''), (except that 
section 1001(c), and the special rules for Puerto Rico under section 
505(g), of the 1968 Act, shall not apply for purposes of this Act), 
$490,000,000, to remain available until September 30, 2009.
    For an additional amount for ``State and Local Law Enforcement 
Assistance'', $100,000,000, to remain available until September 30, 
2009, for competitive grants to provide assistance and equipment to 
local law enforcement along the Southern border and in High-Intensity 
Drug Trafficking Areas to combat criminal narcotic activity stemming 
from the Southern border, of which $15,000,000 shall be transferred to 
the ``Bureau of Alcohol, Tobacco, Firearms and Explosives'', ``Salaries 
and Expenses'' for the ATF Project Gunrunner.

                  community oriented policing services

    For additional amount for ``Community Oriented Policing Services'', 
for grants under section 1701 of title I of the 1968 Omnibus Crime 
Control and Safe Streets Act (42 U.S.C. 379dd) for hiring and rehiring 
of additional career law enforcement officers under part Q of such 
title notwithstanding subsection (i) of such section, $500,000,000, to 
remain available until September 30, 2009.

                                SCIENCE

             National Aeronautics and Space Administration

                            return to flight

    For necessary expenses, not otherwise provided for, in carrying out 
return to flight activities associated with the space shuttle and 
activities from which funds were transferred to accommodate return to 
flight activities, $250,000,000, to remain available until September 
30, 2009, with such sums as determined by the Administrator of the 
National Aeronautics and Space Administration as available for transfer 
to ``Science'', ``Aeronautics'', ``Exploration'', and ``Exploration 
Capabilities'' for restoration of funds previously reallocated to meet 
return to flight activities.

                             RELATED AGENCY

                       Legal Services Corporation

               payment to the legal services corporation

    For an additional amount for ``Payment to the Legal Services 
Corporation'', $37,500,000, to remain available until September 30, 
2009, to provide legal assistance related to home ownership 
preservation, home foreclosure prevention, and tenancy associated 
foreclosure: Provided, That each limitation on expenditures, and each 
term or condition, that applies to funds appropriated to the Legal 
Services Corporation under the Consolidated Appropriations Act of 2008 
(Public Law 110-61), shall apply to funds appropriated under this Act: 
Provided further, That priority shall be given to entities and 
individuals that (1) provide legal assistance in the 100 metropolitan 
statistical areas (as defined by the Director of the Office of 
Management and Budget) with the highest home foreclosure rates; and (2) 
have the capacity to begin using the funds within 90 days of receipt of 
the funds.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              construction

    For an additional amount for ``Construction'' for rehabilitation of 
Corps of Engineers owned and operated hydropower facilities and for 
other activities, $400,000,000, to remain available until expended.

                       operations and maintenance

    For an additional amount for ``Operations and Maintenance'' to 
dredge navigation channels that provide access to significant energy 
infrastructure and for other maintenance needs, $100,000,000, to remain 
available until expended.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      water and related resources

    For an additional amount for ``Water and Related Resources'' for 
rehabilitation of Bureau of Reclamation owned and operated hydropower 
facilities and for other purposes, $50,000,000, to remain available 
until expended: Provided, That up to $5,000,000 can be utilized by the 
Bureau of Reclamation to initiate a canal safety program to assess the 
condition of Reclamation water supply canals.

                          DEPARTMENT OF ENERGY

                 Energy Efficiency and Renewable Energy

    For an additional amount for ``Energy Efficiency and Renewable 
Energy'', $1,100,000,000, to remain available until expended: Provided, 
That of the funds appropriated, $500,000,000 is directed to the 
Weatherization Assistance Program: Provided further, That of the funds 
appropriated, $300,000,000 is directed to advance battery technology 
research, development, and demonstration: Provided further, That of the 
funds appropriated, $300,000,000 is directed to competitively awarded 
local government and tribal technology demonstration grants.

                   Non-Defense Environmental Cleanup

    For an additional amount for ``Non-Defense Environmental Cleanup'', 
$120,000,000, to remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For an additional amount for ``Uranium Enrichment Decontamination 
and Decommissioning Fund'', $120,000,000, to remain available until 
expended, of which $20,000,000 shall be available in accordance with 
title X, subtitle A, of the Energy Policy Act of 1992.

                                Science

    For an additional amount for ``Science'', $150,000,000, to remain 
available until expended.

                    Atomic Energy Defense Activities

                National Nuclear Security Administration

                           weapons activities

    For an additional amount for ``Weapons Activities'', $100,000,000, 
to remain available until expended.

               Environmental and Other Defense Activities

                     defense environmental cleanup

    For an additional amount for ``Defense Environmental Cleanup'', 
$510,000,000, to remain available until expended.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1301. FutureGen. (a) Subject to subsection (b), the Secretary 
of Energy shall reinstate and continue--
            (1) the cooperative agreement numbered DE-FC-26-06NT42073 
        (as in effect on May 15, 2008); and
            (2) Budget Period 1, under such agreement, through March 
        31, 2009.
    (b) During the period beginning on the date of enactment of this 
Act and ending March 31, 2009--
            (1) The agreement described in subsection (a) may not be 
        terminated except by the mutual consent of the parties to the 
        agreement; and
            (2) Funds may be expended under the agreement only to 
        complete and provide information and documentation to the 
        Department of Energy.
    Sec. 1302. In chapter 3 of title I of division B of H.R. 2638 
(110th Congress) as enacted into law, the paragraph under the heading 
``Department of Defense--Civil, Department of the Army, Corps of 
Engineers--Civil, Construction'' is amended by--
            (1) Repealing the second proviso; and
            (2) By adding before the period the following: ``: Provided 
        further, That the Secretary is directed to provide 
        $1,500,000,000 of the funds appropriated under this heading to 
        fund levee and flood protection repairs, restoration, 
        improvements and critical coastal restoration projects in the 
        State of Louisiana: Provided further, That funds shall be 
        expended in consultation with the State of Louisiana''.

                               CHAPTER 4

                       DEPARTMENT OF THE TREASURY

                      Office of Inspector General

                         salaries and expenses

    For an additional amount to be available until September 30, 2009, 
$10,550,000 to carry out the provisions of the Inspector General Act of 
1978, including material loss reviews in conjunction with bank 
failures.

                  COMMODITY FUTURES TRADING COMMISSION

                         Salaries and Expenses

    For an additional amount to carry out the provisions of the 
Commodity Exchange Act (7 U.S.C. 1 et seq.), $13,100,000, of which 
$5,100,000 shall remain available until September 30, 2009, and of 
which $8,000,000 shall remain available until September 30, 2010.

                    GENERAL SERVICES ADMINISTRATION

                        Real Property Activities

                         federal buildings fund

                      (limitation on availability)

    For an additional amount to be deposited in the Federal Buildings 
Fund, $547,639,000, to be used by the Administrator of General Services 
for GSA real property activities; of which $201,000,000 shall be used 
for construction, repair and alteration of border inspection facility 
projects for any previously funded or authorized prospectus level 
project, for which additional funding is required, to expire on 
September 30, 2009 and remain in the Federal Buildings Fund except for 
funds for projects as to which funds for design or other funds have 
been obligated in whole or in part prior to such date; and of which 
$346,639,000 shall be used for the development and construction of the 
St. Elizabeths campus in the District of Columbia, to remain available 
until expended and remain in the Federal Buildings Fund except for 
funds for projects as to which funds for design or other funds have 
been obligated in whole or in part prior to such date: Provided, That 
each of the foregoing limits of costs on new construction projects may 
be exceeded to the extent that savings are effected in other such 
projects, but not to exceed 10 percent of the amounts provided unless 
advance approval is obtained from the Committees on Appropriations of a 
greater amount.

                     SMALL BUSINESS ADMINISTRATION

                         Salaries and Expenses

    For an additional amount to be available until September 30, 2009, 
$4,000,000 for marketing, management, and technical assistance under 
section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) by 
intermediaries that make microloans under the Microloan program.
    For an additional amount to be available until September 30, 2009, 
$600,000 for grants in the amount of $200,000 to veterans business 
resource centers that received grants from the National Veterans 
Business Development Corporation in fiscal years 2006 and 2007.

                     Business Loans Program Account

    For an additional amount for the cost of direct loans, $1,000,000, 
to remain available until September 30, 2009; and for an additional 
amount for the cost of guaranteed loans, $200,000,000, to remain 
available until September 30, 2009: Provided, That of the amount for 
the cost of guaranteed loans, $152,000,000 shall be for loan subsidies 
and loan modifications for loans to small business concerns authorized 
under section 1401 of this Act; $34,000,000 shall be for the increased 
veteran participation pilot program under paragraph (33) of section 
7(a) of the Small Business Act (15 U.S.C. 636(a)), as redesignated by 
section 1401 of this Act; and $14,000,000 shall be for the energy 
efficient technologies pilot program under section 7(a)(32) of the 
Small Business Act (15 U.S.C. 636(a)(32)): Provided further, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974.

        Administrative Provisions--Small Business Administration

    Sec. 1401. Economic Stimulus for Small Business Concerns. (a) 
Reduction of Fees.--
            (1) In general.--Until September 30, 2009, and to the 
        extent the cost of such reduction in fees is offset by 
        appropriations, with respect to each loan guaranteed under 
        section 7(a) of Small Business Act (15 U.S.C. 636(a)) for which 
        the application is approved on or after the date of enactment 
        of this Act, the Administrator shall--
                    (A) in lieu of the fee otherwise applicable under 
                section 7(a)(23)(A) of the Small Business Act (15 
                U.S.C. 636(a)(23)(A)), collect an annual fee in an 
                amount equal to a maximum of .25 percent of the 
                outstanding balance of the deferred participation share 
                of that loan;
                    (B) in lieu of the fee otherwise applicable under 
                section 7(a)(18)(A) of the Small Business Act (15 
                U.S.C. 636(a)(18)(A)), collect a guarantee fee in an 
                amount equal to a maximum of--
                            (i) 1 percent of the deferred participation 
                        share of a total loan amount that is not more 
                        than $150,000;
                            (ii) 2.5 percent of the deferred 
                        participation share of a total loan amount that 
                        is more than $150,000 and not more than 
                        $700,000; and
                            (iii) 3 percent of the deferred 
                        participation share of a total loan amount that 
                        is more than $700,000; and
                    (C) in lieu of the fee otherwise applicable under 
                section 7(a)(18)(A)(iv) of the Small Business Act (15 
                U.S.C. 636(a)(18)(A)(iv)), collect no fee.
            (2) Implementation.--In carrying out this subsection, the 
        Administrator shall reduce the fees for a loan guaranteed under 
        section 7(a) of Small Business Act (15 U.S.C. 636(a)) to the 
        maximum extent possible, subject to the availability of 
        appropriations.
    (b) Technical Correction.--Section 7(a) of the Small Business Act 
(15 U.S.C. 636(a)) is amended by redesignating paragraph (32) relating 
to an increased veteran participation pilot program, as added by 
section 208 of the Military Reservist and Veteran Small Business 
Reauthorization and Opportunity Act of 2008 (Public Law 110-186; 122 
Stat. 631), as paragraph (33).
    (c) Application of Fee Reductions.--The Administrator shall reduce 
the fees under subsection (a) for any loan guarantee subject to such 
subsection for which the application is approved on or after the date 
of enactment of this Act, until the amount provided for such purpose 
under the heading ``Business Loans Program Account'' under the heading 
``Small Business Administration'' under this Act is expended.
    (d) Definitions.--In this section--
            (1) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively; and
            (2) the term ``small business concern'' has the same 
        meaning as in section 3 of the Small Business Act (15 U.S.C. 
        632).
    Sec. 1402. None of the funds made available under this Act or any 
other appropriations Act for any fiscal year may be used by the Small 
Business Administration to implement the proposed rule relating to 
women-owned small business Federal contract assistance procedures 
published in the Federal Register on December 27, 2007 (72 Fed. Reg. 
73285 et seq.).

                               CHAPTER 5

                    DEPARTMENT OF HOMELAND SECURITY

              Office of the Under Secretary for Management

    For an additional amount for the ``Office of the Under Secretary 
for Management'', $120,000,000, to remain available until expended, 
solely for planning, design, and construction costs to consolidate the 
Department of Homeland Security headquarters.

                   U.S. Customs and Border Protection

    For an additional amount for ``Border Security, Fencing, 
Infrastructure, and Technology'', $215,000,000, to remain available 
until expended, for construction of border fencing on the Southwest 
border.

                              construction

    For an additional amount for ``Construction'', $100,000,000, to 
remain available until expended, for the purpose of repair and 
construction of inspection facilities at land border ports of entry.

                              Coast Guard

              acquisition, construction, and improvements

    For an additional amount for ``Acquisition, Construction and 
Improvements'' for the acquisition of a new polar icebreaker or for 
necessary expenses related to the service life extension of existing 
Coast Guard polar icebreakers, $925,000,000, to remain available until 
expended.

                        Office of Health Affairs

    For an additional amount for the ``Office of Health Affairs'', 
$27,000,000, to remain available until September 30, 2009, for the 
BioWatch environmental monitoring system.

                Federal Law Enforcement Training Center

     acquisition, construction, improvements, and related expenses

    For an additional amount for ``Acquisitions, Construction, 
Improvements, and Related Expenses'', $9,000,000, to remain available 
until expended, for security upgrades to the Federal Law Enforcement 
Training Center's border-related training facilities.

                               CHAPTER 6

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For an additional amount for ``Science and Technology'', 
$10,600,000, to remain available until September 30, 2010, for urgent 
bio-defense research activities.

                     Hazardous Substance Superfund

    For an additional amount for ``Hazardous Substance Superfund'', 
$24,165,000, to remain available until expended, for urgent 
decontamination and laboratory response activities.

                   State and Tribal Assistance Grants

    For an additional amount for ``State and Tribal Assistance 
Grants'', $600,000,000, to remain available until expended, for making 
capitalization grants for the Clean Water State Revolving Funds under 
title VI of the Federal Water Pollution Control Act, as amended.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1601. Secure Rural Schools Act Amendment. (a) For fiscal year 
2008, payments shall be made from any revenues, fees, penalties, or 
miscellaneous receipts described in sections 102(b)(3) and 103(b)(2) of 
the Secure Rural Schools and Community Self-Determination Act of 2000 
(Public Law 106-393; 16 U.S.C. 500 note), not to exceed $100,000,000, 
and the payments shall be made, to the maximum extent practicable, in 
the same amounts, for the same purposes, and in the same manner as were 
made to States and counties in 2006 under that Act.
    (b) There is appropriated $400,000,000, to remain available until 
December 31, 2008, to be used to cover any shortfall for payments made 
under this section from funds not otherwise appropriated.
    (c) Titles II and III of Public Law 106-393 are amended, effective 
September 30, 2006, by striking ``2007'' and ``2008'' each place they 
appear and inserting ``2008'' and ``2009'', respectively.
    Sec. 1602. Notwithstanding any other provision of law, including 
section 152 of division A of H.R. 2638 (110th Congress), the 
Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009, the terms and conditions contained in section 
433 of division F of Public Law 110-161 shall remain in effect for the 
fiscal year ending September 30, 2009.

                               CHAPTER 7

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For an additional amount for ``Training and Employment Services'' 
under the Employment and Training Administration, $600,000,000, for 
youth activities and dislocated worker activities authorized by the 
Workforce Investment Act of 1998 (``WIA''): Provided, That $300,000,000 
shall be for youth activities and available for the period April 1, 
2008 through June 30, 2009: Provided further, That $300,000,000 shall 
be for dislocated worker employment and training activities and 
available for the period July 1, 2008 through June 30, 2009: Provided 
further, That no portion of funds available under this heading in this 
Act shall be reserved to carry out section 127(b)(1)(A), section 
128(a), or section 133(a) of the WIA: Provided further, That the work 
readiness performance indicator described in section 
136(b)(2)(A)(ii)(I) of the WIA shall be the only measure of performance 
used to assess the effectiveness of the youth activities, and that the 
performance indicators in section 136(b)(2)(A)(i) of the WIA shall be 
the measures of performance used to assess the effectiveness of the 
dislocated worker activities funded with such funds.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                disease control, research, and training

    For an additional amount for ``Disease Control, Research, and 
Training'', $46,000,000, to remain available through September 30, 
2009, of which $20,000,000 shall be to continue and expand 
investigations to determine the root causes of disease clusters, 
including but not limited to polycythemia vera clusters; of which 
$21,000,000 shall be for the prevention of and response to medical 
errors including research, education and outreach activities; and of 
which $5,000,000 shall be for responding to outbreaks of communicable 
diseases related to the re-use of syringes in outpatient clinics, 
including reimbursement of local health departments for testing and 
genetic sequencing of persons potentially exposed.

                     National Institutes of Health

                         office of the director

                     (including transfer of funds)

    For an additional amount for ``Office of the Director'', 
$1,200,000,000, which shall be transferred to the Institutes and 
Centers of the National Institutes of Health and to the Common Fund 
established under section 402A(c)(1) of the Public Health Service Act 
in proportion to the appropriations otherwise made to such Institutes, 
Centers, and Common Fund for fiscal year 2008: Provided, That these 
funds shall be available through September 30, 2009: Provided further, 
That these funds shall be used to support additional scientific 
research and be available for the same purposes as the appropriation or 
fund to which transferred: Provided further, That this transfer 
authority is in addition to any other transfer authority available to 
the National Institutes of Health: Provided further, That none of these 
funds may be transferred to ``National Institutes of Health--Buildings 
and Facilities'', the Center for Scientific Review, the Center for 
Information Technology, the Clinical Center, the Global Fund for HIV/
AIDS, Tuberculosis and Malaria, or the Office of the Director (except 
for the transfer to the Common Fund).

                        Administration on Aging

                        aging services programs

    For an additional amount for ``Aging Services Programs'', 
$60,000,000, of which $40,750,000 shall be for Congregate Nutrition 
Services and $19,250,000 shall be for Home-Delivered Nutrition 
Services: Provided, That these funds shall remain available through 
September 30, 2009.

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

    For an additional amount for the ``Public Health and Social 
Services Emergency Fund'' to support activities related to countering 
potential biological, nuclear, radiological and chemical threats to 
civilian populations, and for other public health emergencies, 
$542,000,000, to remain available through September 30, 2009: Provided, 
That $473,000,000 is for advanced research and development of medical 
countermeasures and ancillary products: Provided further, That 
$50,000,000 is available to support the delivery of medical 
countermeasures, of which up to $20,000,000 may be made available to 
the United States Postal Service to support such delivery.
    For an additional amount for the ``Public Health and Social 
Services Emergency Fund'' to prepare for and respond to an influenza 
pandemic, $363,000,000, to remain available through September 30, 2009 
for activities including the development and purchase of vaccine, 
antivirals, necessary medical supplies, diagnostics, and other 
surveillance tools: Provided, That products purchased with these funds 
may, at the discretion of the Secretary, be deposited in the Strategic 
National Stockpile: Provided further, That notwithstanding section 
496(b) of the Public Health Service Act, funds may be used for the 
construction or renovation of privately owned facilities for the 
production of pandemic influenza vaccines and other biologics, where 
the Secretary finds such a contract necessary to secure sufficient 
supplies of such vaccines or biologics: Provided further, That funds 
appropriated herein may be transferred to other appropriation accounts 
of the Department of Health and Human Services, as determined by the 
Secretary to be appropriate, to be used for the purposes specified in 
this sentence.

                        DEPARTMENT OF EDUCATION

    For carrying out section 1702 of this Act, $2,000,000,000, which 
shall be available for obligation from July 1, 2008 through September 
30, 2009.

                      school improvement programs

    For an additional amount for ``School Improvement Programs'', 
$36,000,000, for carrying out activities authorized by subtitle B of 
title VII of the McKinney-Vento Homeless Assistance Act: Provided, That 
the Secretary shall make such funds available on a competitive basis to 
local educational agencies that demonstrate a high need for such 
assistance: Provided further, That these funds shall remain available 
through September 30, 2009.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1701. Report on the Impact of Past and Future Minimum Wage 
Increases. (a) In General.--Section 8104 of the U.S. Troop Readiness, 
Veterans' Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 189) is amended 
to read as follows:

``SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM WAGE 
              INCREASES.

    ``(a) Study.--Beginning on the date that is 60 days after the date 
of enactment of this Act, and every year thereafter until the minimum 
wage in the respective territory is $7.25 per hour, the Government 
Accountability Office shall conduct a study to--
            ``(1) assess the impact of the minimum wage increases that 
        occurred in American Samoa and the Commonwealth of the Northern 
        Mariana Islands in 2007 and 2008, as required under Public Law 
        110-28, on the rates of employment and the living standards of 
        workers, with full consideration of the other factors that 
        impact rates of employment and the living standards of workers 
        such as inflation in the cost of food, energy, and other 
        commodities; and
            ``(2) estimate the impact of any further wage increases on 
        rates of employment and the living standards of workers in 
        American Samoa and the Commonwealth of the Northern Mariana 
        Islands, with full consideration of the other factors that may 
        impact the rates of employment and the living standards of 
        workers, including assessing how the profitability of major 
        private sector firms may be impacted by wage increases in 
        comparison to other factors such as energy costs and the value 
        of tax benefits.
    ``(b) Report.--No earlier than March 15, 2009, and not later than 
April 15, 2009, the Government Accountability Office shall transmit its 
first report to Congress concerning the findings of the study required 
under subsection (a). The Government Accountability Office shall 
transmit any subsequent reports to Congress concerning the findings of 
a study required by subsection (a) between March 15 and April 15 of 
each year.
    ``(c) Economic Information.--To provide sufficient economic data 
for the conduct of the study under subsection (a)--
            ``(1) the Department of Labor shall include and separately 
        report on American Samoa and the Commonwealth of the Northern 
        Mariana Islands in its household surveys and establishment 
        surveys;
            ``(2) the Bureau of Economic Analysis of the Department of 
        Commerce shall include and separately report on American Samoa 
        and the Commonwealth of the Northern Mariana Islands in its 
        gross domestic product data; and
            ``(3) the Bureau of the Census of the Department of 
        Commerce shall include and separately report on American Samoa 
        and the Commonwealth of the Northern Mariana Islands in its 
        population estimates and demographic profiles from the American 
        Community Survey,
with the same regularity and to the same extent as the Department or 
each Bureau collects and reports such data for the 50 States. In the 
event that the inclusion of American Samoa and the Commonwealth of the 
Northern Mariana Islands in such surveys and data compilations requires 
time to structure and implement, the Department of Labor, the Bureau of 
Economic Analysis, and the Bureau of the Census (as the case may be) 
shall in the interim annually report the best available data that can 
feasibly be secured with respect to such territories. Such interim 
reports shall describe the steps the Department or the respective 
Bureau will take to improve future data collection in the territories 
to achieve comparability with the data collected in the United States. 
The Department of Labor, the Bureau of Economic Analysis, and the 
Bureau of the Census, together with the Department of the Interior, 
shall coordinate their efforts to achieve such improvements.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of enactment of this Act.
    Sec. 1702. Grants for School Renovation. (a) Allocation of Funds.--
            (1) Reservation.--From the funds appropriated to carry out 
        this section for a fiscal year, the Secretary shall reserve 1 
        percent to provide assistance under this section to the 
        outlying areas and for payments to the Secretary of the 
        Interior to provide assistance consistent with this section to 
        schools funded by the Bureau of Indian Education. Funds 
        reserved under this subsection shall be distributed by the 
        Secretary among the outlying areas and the Secretary of the 
        Interior on the basis of their relative need, as determined by 
        the Secretary, in accordance with the purposes of this section.
            (2) Allocation to state educational agencies.--After making 
        the reservation described in paragraph (1), from the remainder 
        of the appropriated funds described in paragraph (1), the 
        Secretary shall allocate to each State educational agency 
        serving a State an amount that bears the same relation to the 
        remainder for the fiscal year as the amount the State received 
        under part A of title I of such Act for fiscal year 2008 bears 
        to the amount all States received under such part for fiscal 
        year 2008, except that no such State educational agency shall 
        receive less than 0.5 percent of the amount allocated under 
        this paragraph.
    (b) Within-State Allocations.--
            (1) Administrative costs.--
                    (A) State educational agency administration.--
                Except as provided in subparagraph (C), each State 
                educational agency may reserve not more than 1 percent 
                of its allocation under subsection (a)(2) or 
                $1,000,000, whichever is less, for the purpose of 
                administering the distribution of grants under this 
                subsection.
                    (B) Required uses.--The State educational agency 
                shall use a portion of the reserved funds to establish 
                or support a State-level database of public school 
                facility inventory, condition, design, and utilization.
                    (C) State entity administration.--If the State 
                educational agency transfers funds to a State entity 
                described in paragraph (2)(A), the State educational 
                agency shall transfer to such entity 0.75 of the amount 
                reserved under this paragraph for the purpose of 
                administering the distribution of grants under this 
                subsection.
            (2) Reservation for competitive school repair and 
        renovation grants to local educational agencies.--
                    (A) In general.--Subject to the reservation under 
                paragraph (1), of the funds allocated to a State 
                educational agency under subsection (a)(2), the State 
                educational agency shall distribute 100 percent of such 
                funds to local educational agencies or, if such State 
                educational agency is not responsible for the financing 
                of education facilities, the State educational agency 
                shall transfer such funds to the State entity 
                responsible for the financing of education facilities 
                (referred to in this section as the ``State entity'') 
                for distribution by such entity to local educational 
                agencies in accordance with this paragraph, to be used, 
                consistent with subsection (c), for school repair and 
                renovation.
                    (B) Competitive grants to local educational 
                agencies.--The State educational agency or State entity 
                shall carry out a program awarding grants, on a 
                competitive basis, to local educational agencies for 
                the purpose described in subparagraph (A). Of the total 
                amount available for distribution to local educational 
                agencies under this paragraph, the State educational 
                agency or State entity, shall, in carrying out the 
                grant competition--
                            (i) award to high-need local educational 
                        agencies, in the aggregate, at least an amount 
                        which bears the same relationship to such total 
                        amount as the aggregate amount such high-need 
                        local educational agencies received under part 
                        A of title I of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6311 et seq.) 
                        for fiscal year 2008 bears to the aggregate 
                        amount received for such fiscal year under such 
                        part by all local educational agencies in the 
                        State;
                            (ii) award to rural local educational 
                        agencies in the State, in the aggregate, at 
                        least an amount which bears the same 
                        relationship to such total amount as the 
                        aggregate amount such rural local educational 
                        agencies received under such part for fiscal 
                        year 2008 bears to the aggregate amount 
                        received for such fiscal year under such part 
                        by all local educational agencies in the State; 
                        and
                            (iii) award the remaining funds to local 
                        educational agencies not receiving an award 
                        under clause (i) or (ii), including high-need 
                        local educational agencies and rural local 
                        educational agencies that did not receive such 
                        an award.
                    (C) Criteria for awarding grants.--In awarding 
                competitive grants under this paragraph, a State 
                educational agency or State entity shall take into 
                account the following criteria:
                            (i) Percentage of poor children.--The 
                        percentage of poor children 5 to 17 years of 
                        age, inclusive, in a local educational agency.
                            (ii) Need for school repair and 
                        renovation.--The need of a local educational 
                        agency for school repair and renovation, as 
                        demonstrated by the condition of the public 
                        school facilities of the local educational 
                        agency.
                            (iii) Fiscal capacity.--The fiscal capacity 
                        of a local educational agency to meet the needs 
                        of the local educational agency for repair and 
                        renovation of public school facilities without 
                        assistance under this section, including the 
                        ability of the local educational agency to 
                        raise funds through the use of local bonding 
                        capacity and otherwise.
                            (iv) Charter school access to funding.--In 
                        the case of a local educational agency that 
                        proposes to fund a repair or renovation project 
                        for a charter school, the extent to which the 
                        school has access to funding for the project 
                        through the financing methods available to 
                        other public schools or local educational 
                        agencies in the State.
                            (v) Likelihood of maintaining the 
                        facility.--The likelihood that the local 
                        educational agency will maintain, in good 
                        condition, any facility whose repair or 
                        renovation is assisted under this section.
                    (D) Matching requirement.--
                            (i) In general.--A State educational agency 
                        or State entity shall require local educational 
                        agencies to match funds awarded under this 
                        subsection.
                            (ii) Match amount.--The amount of a match 
                        described in clause (i) may be established by 
                        using a sliding scale that takes into account 
                        the relative poverty of the population served 
                        by the local educational agency.
    (c) Rules Applicable to School Repair and Renovation.--With respect 
to funds made available under this section that are used for school 
repair and renovation, the following rules shall apply:
            (1) Permissible uses of funds.--School repair and 
        renovation shall be limited to 1 or more of the following:
                    (A) Emergency repairs or renovations.--Emergency 
                repairs or renovations to public school facilities only 
                to ensure the health and safety of students and staff, 
                including--
                            (i) repairing, replacing, or installing 
                        roofs, windows, doors, electrical wiring, 
                        plumbing systems, or sewage systems;
                            (ii) repairing, replacing, or installing 
                        heating, ventilation, or air conditioning 
                        systems (including insulation); and
                            (iii) bringing public schools into 
                        compliance with fire and safety codes.
                    (B) Modifications for compliance with the americans 
                with disabilities act of 1990.--School facilities 
                modifications necessary to render public school 
                facilities accessible in order to comply with the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.).
                    (C) Modifications for compliance with section 504 
                of the rehabilitation act of 1973.--School facilities 
                modifications necessary to render public school 
                facilities accessible in order to comply with section 
                504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
                    (D) Asbestos abatement or removal.--Asbestos 
                abatement or removal from public school facilities.
                    (E) Charter school building infrastructure.--
                Renovation and repair needs related to the building 
                infrastructure of a charter school.
            (2) Impermissible uses of funds.--No funds received under 
        this section may be used for--
                    (A) payment of maintenance costs in connection with 
                any projects constructed in whole or part with Federal 
                funds provided under this section;
                    (B) the construction of new facilities; or
                    (C) stadiums or other facilities primarily used for 
                athletic contests or exhibitions or other events for 
                which admission is charged to the general public.
            (3) Supplement, not supplant.--Excluding the uses described 
        in subparagraphs (B) and (C) of paragraph (1), a local 
        educational agency shall use Federal funds subject to this 
        subsection only to supplement the amount of funds that would, 
        in the absence of such Federal funds, be made available from 
        non-Federal sources for school repair and renovation.
    (d) Qualified Bidders; Competition.--Each local educational agency 
that receives funds under this section shall ensure that, if the local 
educational agency carries out repair or renovation through a contract, 
any such contract process ensures the maximum number of qualified 
bidders, including small, minority, and women-owned businesses, through 
full and open competition.
    (e) Reporting.--
            (1) Local reporting.--Each local educational agency 
        receiving funds made available under subsection (a)(2) shall 
        submit a report to the State educational agency, at such time 
        as the State educational agency may require, describing the use 
        of such funds for school repair and renovation.
            (2) State reporting.--Each State educational agency 
        receiving funds made available under subsection (a)(2) shall 
        submit to the Secretary, not later than December 31, 2010, a 
        report on the use of funds received under subsection (a)(2) and 
        made available to local educational agencies for school repair 
        and renovation.
    (f) Reallocation.--If a State educational agency does not apply for 
an allocation of funds under subsection (a)(2) for a fiscal year, or 
does not use its entire allocation for such fiscal year, then the 
Secretary may reallocate the amount of the State educational agency's 
allocation (or the remainder thereof, as the case may be) for such 
fiscal year to the remaining State educational agencies in accordance 
with subsection (a)(2).
    (g) Definitions.--For purposes of this section:
            (1) Charter school.--The term ``charter school'' has the 
        meaning given the term in section 5210 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7221i).
            (2) High-need local educational agency.--The term ``high-
        need local educational agency'' has the meaning given the term 
        in section 2102(3)(A) of such Act (20 U.S.C. 6602(3)(A)).
            (3) Local educational agency; secretary; state educational 
        agency.--The terms ``local educational agency'', ``Secretary'', 
        and ``State educational agency'' have the meanings given the 
        terms in section 9101 of such Act (20 U.S.C. 7801).
            (4) Outlying area.--The term ``outlying area'' has the 
        meaning given the term in section 1121(c) of such Act (20 
        U.S.C. 6331(c)).
            (5) Poor children.--The term ``poor children'' refers to 
        children 5 to 17 years of age, inclusive, who are from families 
        with incomes below the poverty line (as defined by the Office 
        of Management and Budget and revised annually in accordance 
        with section 673(2) of the Community Services Block Grant Act 
        (42 U.S.C. 9902(2)) applicable to a family of the size involved 
        for the most recent fiscal year for which data satisfactory to 
        the Secretary are available.
            (6) Rural local educational agency.--The term ``rural local 
        educational agency'' means a local educational agency that the 
        State determines is located in a rural area using objective 
        data and a commonly employed definition of the term ``rural''.
            (7) State.--The term ``State'' means each of the several 
        states of the United States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.
    Sec. 1703. Restoration of Access to Nominal Drug Pricing for 
Certain Clinics and Health Centers. (a) In general.--Section 
1927(c)(1)(D) of the Social Security Act (42 U.S.C. Sec. 1396r-
8(c)(1)(D)), as added by section 6001(d)(2) of the Deficit Reduction 
Act of 2005 (Public Law 109-171), is amended--
            (1) in clause (i)--
                    (A) by redesignating subclause (IV) as subclause 
                (VI); and
                    (B) by inserting after subclause (III) the 
                following:
                                    ``(IV) An entity that--
                                            ``(aa) is described in 
                                        section 501(c)(3) of the 
                                        Internal Revenue Code of 1986 
                                        and exempt from tax under 
                                        section 501(a) of such Act or 
                                        is State-owned or operated; and
                                            ``(bb) would be a covered 
                                        entity described in section 
                                        340(B)(a)(4) of the Public 
                                        Health Service Act insofar as 
                                        the entity provides the same 
                                        type of services to the same 
                                        type of populations as a 
                                        covered entity described in 
                                        such section provides, but does 
                                        not receive funding under a 
                                        provision of law referred to in 
                                        such section.
                                    ``(V) A public or nonprofit entity, 
                                or an entity based at an institution of 
                                higher learning whose primary purpose 
                                is to provide health care services to 
                                students of that institution, that 
                                provides a service or services 
                                described under section 1001(a) of the 
                                Public Health Service Act.''; and
            (2) by adding at the end the following new clause:
                            ``(iv) Rule of construction.--Nothing in 
                        this subparagraph shall be construed to alter 
                        any existing statutory or regulatory 
                        prohibition on services with respect to an 
                        entity described in subclause (IV) or (V) of 
                        clause (i), including the prohibition set forth 
                        in section 1008 of the Public Health Service 
                        Act.''.
    (b) Effective date.--The amendments made by this section shall take 
effect as if included in the amendment made by section 6001(d)(2) of 
the Deficit Reduction Act of 2005.

                               CHAPTER 8

                           LEGISLATIVE BRANCH

                             CAPITOL POLICE

                            General Expenses

    For an additional amount for ``Capitol Police, General Expenses'', 
$55,000,000 for costs associated with a radio modernization system, to 
remain available until expended: Provided, That the Chief of the 
Capitol Police may not obligate any of the funds appropriated under 
this heading without approval of an obligation plan by the Committees 
on Appropriations of the Senate and the House of Representatives.

                               CHAPTER 9

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

        supplemental discretionary grants for airport investment

    For an additional amount for capital expenditures authorized under 
section 47102(3) of title 49, United States Code, $400,000,000, to 
remain available until September 30, 2009: Provided, That the Secretary 
of Transportation shall distribute funds provided under this heading as 
discretionary grants to airports that demonstrate to her satisfaction 
their ability to obligate these funds within 180 days of the date of 
such distribution and shall serve to supplement and not supplant 
planned expenditures from airport-generated revenues or from other 
State and local sources on such activities: Provided further, That no 
funds provided under this heading shall be used for activities not 
identified on an airport layout plan: Provided further, That projects 
conducted using funds provided under this heading must comply with the 
requirements of subchapter IV of chapter 31 of title 40, United States 
Code.

                     Federal Highway Administration

    supplemental grants to states for federal-aid highway investment

    For an additional amount for restoration, repair, construction and 
other activities eligible under paragraph (b) of section 133 of title 
23, United States Code, $8,000,000,000, to remain available until 
September 30, 2009: Provided, That such funds shall be apportioned to 
States using the formula set forth in section 104(b)(3) of such title: 
Provided further, That funding provided under this heading shall be in 
addition to any and all funds provided for fiscal years 2008 and 2009 
in any other Act for ``Federal-aid Highways'' and shall not affect the 
distribution of funds provided for ``Federal-aid Highways'' in any 
other Act: Provided further, That the Secretary of Transportation shall 
institute measures to ensure that funds provided under this heading 
shall be obligated within 90 days of the date of their apportionment, 
and shall serve to supplement and not supplant planned expenditures by 
States and localities on such activities from other Federal, State, and 
local sources: Provided further, That 90 days following the date of 
such apportionment, the Secretary shall withdraw and redistribute any 
unobligated funds utilizing whatever method she deems appropriate to 
ensure that all funds provided under this heading shall be obligated 
promptly: Provided further, That projects conducted using funds 
provided under this heading must comply with the requirements of 
subchapter IV of chapter 31 of title 40, United States Code: Provided 
further, That for the purposes of the definition of States for this 
paragraph, sections 101(a)(32) of title 23, United States Code, shall 
apply.

                    Federal Railroad Administration

    supplemental capital grants to the national railroad passenger 
                              corporation

    For an additional amount for the immediate investment in capital 
projects necessary to maintain and improve national intercity passenger 
rail service, $350,000,000, to remain available until September 30, 
2009: Provided, That funds made available under this heading shall be 
allocated directly to the corporation for the purpose of immediate 
investment in capital projects including the rehabilitation of rolling 
stock for the purpose of expanding passenger rail capacity: Provided 
further, that the Board of Directors shall take measures to ensure that 
funds provided under this heading shall be obligated within 180 days of 
the enactment of this Act and shall serve to supplement and not 
supplant planned expenditures for such activities from other Federal, 
State, local and corporate sources: Provided further, That said Board 
of Directors shall certify to the House and Senate Committees on 
Appropriations in writing their compliance with the preceding proviso: 
Provided further, That not more than 50 percent of the funds provided 
under this heading may be used for capital projects along the Northeast 
Corridor.

                     Federal Transit Administration

    supplemental discretionary grants for public transit investment

    For an additional amount for capital expenditures authorized under 
section 5302(a)(1) of title 49, United States Code, $2,000,000,000, to 
remain available until September 30, 2009: Provided, That the Secretary 
of Transportation shall apportion funds provided under this heading 
based on the formula set forth in subsections (a) through (c) of 
section 5336 of title 49, United States Code: Provided further, That 
the Secretary shall take such measures necessary to ensure that the 
minimum amount of funding distributed under this heading to any 
individual transit authority shall not be less than $100,000: Provided 
further, That the Secretary of Transportation shall institute measures 
to ensure that funds provided under this heading shall be obligated 
within 90 days of the date of their apportionment, and shall serve to 
supplement and not supplant planned expenditures by States and 
localities on such activities from other Federal, State and local 
sources as well as transit authority revenues: Provided further, That 
90 days following the date of such apportionment, the Secretary shall 
withdraw and redistribute any unobligated funds utilizing whatever 
method she deems appropriate to ensure that all funds provided under 
this paragraph shall be obligated promptly: Provided further, That the 
Secretary of Transportation shall make such funds available to pay for 
operating expenses to the extent that a transit authority demonstrates 
to her satisfaction that such funds are necessary to continue current 
services or expand such services to meet increased ridership: Provided 
further, That the funds appropriated under this heading shall be 
subject to section 5333(a) of title 49, United States Code but shall 
not be comingled with funds available under the Formula and Bus Grants 
account.

                        Maritime Administration

         supplemental grants for assistance to small shipyards

    For an additional amount to make grants to qualified shipyards as 
authorized under section 3506 of Public Law 109-163 or section 54101 of 
title 46, United States Code, $44,000,000, to remain available until 
September 30, 2009: Provided, That the Secretary of Transportation 
shall institute measures to ensure that funds provided under this 
heading shall be obligated within 180 days of the date of their 
apportionment: Provided further, That not to exceed 2 percent of the 
funds appropriated under this heading shall be available for necessary 
costs of grant administration.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

    Supplemental Grants to Public Housing Agencies for Capital Needs

    For an additional amount for discretionary grants to public housing 
agencies for capital expenditures permitted under section 9(d)(1) of 
the United States Housing Act of 1937, as amended, $250,000,000, to 
remain available until September 30, 2009: Provided, That in allocating 
discretionary grants under this paragraph, the Secretary of Housing and 
Urban Development shall give priority consideration to the 
rehabilitation of vacant rental units: Provided further, That 
notwithstanding any other provision of law, the Secretary shall 
institute measures to ensure that funds provided under this paragraph 
shall be obligated within 180 days of the date of enactment of this Act 
and shall serve to supplement and not supplant expenditures from other 
Federal, State, or local sources or funds independently generated by 
the grantee: Provided further, That in administering funds provided in 
this paragraph, the Secretary may waive any provision of any statute or 
regulation that the Secretary administers in connection with the 
obligation by the Secretary or the use by the recipient of these funds 
(except for requirements related to fair housing, nondiscrimination, 
labor standards, and the environment), upon a finding that such waiver 
is required to facilitate the timely use of such funds.

supplemental grants to public housing agencies for extraordinary energy 
                                 costs

    For an additional amount for discretionary grants to public housing 
agencies for operating expenses permitted under section 9(e) of the 
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $200,000,000, 
to remain available until September 30, 2009: Provided, That funding 
provided under this heading shall be used to cover extraordinary energy 
costs: Provided further, That to be eligible for such grants, public 
housing agencies must demonstrate to the satisfaction of the Secretary 
a significant increase in energy costs associated with operating and 
maintaining public housing: Provided further, That notwithstanding any 
other provision of law, the Secretary shall institute measures to 
ensure that funds provided under this paragraph shall be allocated to 
those public housing agencies most in need of such assistance and that 
such funds shall be obligated within 180 days of the date of enactment 
of this Act: Provided further, That in administering funds provided in 
this paragraph, the Secretary may waive any provision of any statute or 
regulation that the Secretary administers in connection with the 
obligation by the Secretary or the use by the recipient of these funds 
(except for requirements related to fair housing, nondiscrimination, 
labor standards and the environment), upon a finding that such a waiver 
is required to facilitate the timely use of such funds.

        housing assistance for tenants displaced by foreclosure

    For an additional amount for grants to public housing agencies or 
grantees participating in Continuums of Care receiving assistance 
through existing Housing and Urban Development programs, for the 
purpose of providing relocation and temporary housing assistance to 
individuals and families that reside in dwelling units that have been 
foreclosed upon, or are in default and where foreclosure is imminent, 
$200,000,000, to be available until September 30, 2009: Provided, That 
the Secretary of Housing and Urban Development shall allocate amounts 
made available under this heading to grantees located in areas with the 
greatest number and percentage of homes in default or delinquency and 
the greatest number and percentage of homes in foreclosure: Provided 
further, That funding made available under this heading may be used for 
temporary rental assistance, first and last month's rent, security 
deposit, case management services, or other appropriate services 
necessary to assist eligible individuals or families in finding safe 
and affordable permanent housing: Provided further, That the Secretary 
shall provide notice of the availability of funding provided under this 
heading within 60 days of the enactment of this Act.

                     Federal Housing Administration

                         information technology

    For an additional amount to maintain, modernize and improve 
technology systems and infrastructure for the Federal Housing 
Administration, $37,000,000, to remain available until September 30, 
2009: Provided, That these funds shall serve to supplement and not 
supplant planned expenditures for the Federal Housing Administration 
for information technology maintenance and development funding provided 
through the Departmental Working Capital Fund.

                         salaries and expenses

    For an additional amount for salaries and expenses for the Federal 
Housing Administration, $15,000,000, to remain available until 
September 30, 2009: Provided, That of the total amount provided under 
this paragraph, not less than $13,000,000 shall be made available under 
the heading ``Housing Personnel Compensation and Benefits'' and up to 
$2,000,000 shall be made available under the heading ``Management and 
Administration, Administration, Operations and Management'': Provided 
further, That with funding provided under this paragraph, the Federal 
Housing Administration Commissioner is hereby authorized to take such 
actions and perform such functions as necessary regarding the hiring of 
personnel for performing functions of the Federal Housing 
Administration within the Office of Housing.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1901. Section 5309(g)(4)(A) of title 49, United States Code, 
is amended by striking ``or an amount equivalent to the last 3 fiscal 
years of funding allocated under subsections (m)(1)(A) and 
(m)(2)(A)(ii)'' and inserting ``or the sum of the funds available for 
the next three fiscal years beyond the current fiscal year, assuming an 
annual growth of the program of 10 percent''.
    Sec. 1902. No funds provided in this Act or any other Act may be 
used by the Secretary of Transportation to take any action regarding 
airline operations at any United States commercial airport that 
involves:
            (1) auction, sale, lease, or the imposition of any charge 
        or fee, by the Secretary or the Federal Aviation Administrator, 
        for rights, authorization or permission by them to conduct 
        flight operations at, or in the navigable airspace of, any such 
        airport;
            (2) implementing or facilitating any such auction, sale or 
        lease, or the imposition of any such charge or fee by the 
        Secretary or the Administrator initiated prior to enactment of 
        this Act; or
            (3) the withdrawal or involuntary transfer by the Secretary 
        or Administrator of rights, authorizations or permissions to 
        operate at, or in the navigable airspace of, any such airport 
        for the purpose of the auction, sale or lease of such rights, 
        authorizations or permissions, or the imposition by the 
        Secretary or Administrator of any charge or fee for such 
        rights, authorization or permission.

           TITLE II--NUTRITION PROGRAMS FOR ECONOMIC STIMULUS

SEC. 2001. NUTRITION PROGRAMS FOR ECONOMIC STIMULUS.

    (a) Maximum Benefit Increase.--
            (1) In general.--Beginning with the first month that begins 
        not less than 25 days after the date of enactment of this Act, 
        the Secretary of Agriculture (referred to in this section as 
        the ``Secretary'') shall increase the cost of the thrifty food 
        plan for purposes of section 8(a) of the Food and Nutrition Act 
        of 2008 (7 U.S.C. 2017(a)) by 10 percent.
            (2) Termination of effectiveness.--The authority provided 
        by this subsection terminates and has no effect, effective on 
        October 1, 2009.
    (b) Requirements for the Secretary.--In carrying out this section, 
the Secretary shall--
            (1) consider the benefit increase described in subsection 
        (a) to be a ``mass change'';
            (2) require a simple process for States to notify 
        households of the increase in benefits;
            (3) consider section 16(c)(3)(A) of the Food and Nutrition 
        Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors in 
        the implementation of this section, without regard to the 120-
        day limit described in that section; and
            (4) disregard the value of benefits resulting from this 
        section in any required calculations or estimates of benefits 
        if the Secretary determines it is necessary to ensure efficient 
        administration of programs authorized under the Food and 
        Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or other Federal 
        programs.
    (c) State Administrative Expenses.--
            (1) In general.--For the costs of State administrative 
        expenses associated with carrying out this section, the 
        Secretary shall make available $50,000,000, to remain available 
        until expended.
            (2) Availability of funds.--Funds described in paragraph 
        (1) shall be made available to State agencies based on each 
        State's share of households that participate in the 
        supplemental nutrition assistance program established under the 
        Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
            (3) Consolidated block grants for puerto rico and american 
        samoa.--For fiscal year 2009, the Secretary shall increase by 
        10 percent the amount available for nutrition assistance for 
        eligible households under the consolidated block grants for 
        Puerto Rico and American Samoa under section 19 of the Food and 
        Nutrition Act of 2008 (7 U.S.C. 2028).
    (d) Funding.--There are hereby appropriated to the Secretary such 
sums as are necessary to carry out this section, to remain available 
until September 30, 2010.

                     TITLE III--STATE FISCAL RELIEF

SEC. 3001. TEMPORARY INCREASE OF MEDICAID FMAP.

    (a) Permitting Maintenance of Fiscal Year 2008 Fmap for Fiscal Year 
2009.--Subject to subsections (d), (e), and (f), if the FMAP determined 
without regard to this section for a State for fiscal year 2009 is less 
than the FMAP as so determined for fiscal year 2008, the FMAP for the 
State for fiscal year 2008 shall be substituted for the State's FMAP 
for fiscal year 2009, before the application of this section.
    (b) Permitting Maintenance of Fiscal Year 2009 Fmap for First 
Quarter of Fiscal Year 2010.--Subject to subsections (d), (e), and (f), 
if the FMAP determined without regard to this section for a State for 
fiscal year 2010 is less than the FMAP as so determined for fiscal year 
2009, the FMAP for the State for fiscal year 2009 shall be substituted 
for the State's FMAP for the first calendar quarter of fiscal year 
2010, before the application of this section.
    (c) General 4 Percentage Points Increase for Fiscal Year 2009 and 
First Calendar Quarter of Fiscal Year 2010.--
            (1) In general.--Subject to subsections (d), (e), and (f), 
        for each State for fiscal year 2009 and for the first calendar 
        quarter of fiscal year 2010, the FMAP (taking into account the 
        application of subsections (a) and (b)) shall be increased by 
        4.0 percentage points.
            (2) Increase in cap on medicaid payments to territories.--
        Subject to subsections (e) and (f), with respect to fiscal year 
        2009 and the first calendar quarter of fiscal year 2010, the 
        amounts otherwise determined for Puerto Rico, the Virgin 
        Islands, Guam, the Northern Mariana Islands, and American Samoa 
        under subsections (f) and (g) of section 1108 of the Social 
        Security Act (42 U.S.C. 1308) shall each be increased by an 
        amount equal to 4.0 percent of such amounts.
    (d) Scope of Application.--The increases in the FMAP for a State 
under this section shall apply only for purposes of title XIX of the 
Social Security Act and shall not apply with respect to--
            (1) disproportionate share hospital payments described in 
        section 1923 of such Act (42 U.S.C. 1396r-4);
            (2) payments under title IV or XXI of such Act (42 U.S.C. 
        601 et seq. and 1397aa et seq.); or
            (3) any payments under title XIX of such Act that are based 
        on the enhanced FMAP described in section 2105(b) of such Act 
        (42 U.S.C. 1397ee(b)).
    (e) State Ineligibility.--
            (1) In general.--Subject to paragraph (2), a State is not 
        eligible for an increase in its FMAP under subsection (c)(1), 
        or an increase in a cap amount under subsection (c)(2), if the 
        eligibility under its State plan under title XIX of the Social 
        Security Act (including any waiver under such title or under 
        section 1115 of such Act (42 U.S.C. 1315)) is more restrictive 
        than the eligibility under such plan (or waiver) as in effect 
        on September 1, 2008.
            (2) State reinstatement of eligibility permitted.--A State 
        that has restricted eligibility under its State plan under 
        title XIX of the Social Security Act (including any waiver 
        under such title or under section 1115 of such Act (42 U.S.C. 
        1315)) after September 1, 2008, is no longer ineligible under 
        paragraph (1) beginning with the first calendar quarter in 
        which the State has reinstated eligibility that is no more 
        restrictive than the eligibility under such plan (or waiver) as 
        in effect on September 1, 2008.
            (3) Rule of construction.--Nothing in paragraph (1) or (2) 
        shall be construed as affecting a State's flexibility with 
        respect to benefits offered under the State Medicaid program 
        under title XIX of the Social Security Act (42 U.S.C. 1396 et 
        seq.) (including any waiver under such title or under section 
        1115 of such Act (42 U.S.C. 1315)).
    (f) Requirements.--
            (1) In general.--A State may not use the additional Federal 
        funds paid to the State as a result of this section for 
        purposes of increasing any reserve or rainy day fund maintained 
        by the State.
            (2) Additional requirement for certain states.--In the case 
        of a State that requires political subdivisions within the 
        State to contribute toward the non-Federal share of 
        expenditures under the State Medicaid plan required under 
        section 1902(a)(2) of the Social Security Act (42 U.S.C. 
        1396a(a)(2)), the State is not eligible for an increase in its 
        FMAP under subsection (c)(1), or an increase in a cap amount 
        under subsection (c)(2), if it requires that such political 
        subdivisions pay a greater percentage of the non-Federal share 
        of such expenditures for fiscal year 2009, and the first 
        calendar quarter of fiscal year 2010, than the percentage that 
        would have been required by the State under such plan on 
        September 1, 2008, prior to application of this section.
    (g) Definitions.--In this section:
            (1) FMAP.--The term ``FMAP'' means the Federal medical 
        assistance percentage, as defined in section 1905(b) of the 
        Social Security Act (42 U.S.C. 1396d(b)).
            (2) State.--The term ``State'' has the meaning given such 
        term for purposes of title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.).
    (h) Repeal.--Effective as of January 1, 2010, this section is 
repealed.

SEC. 3002. TEMPORARY REINSTATEMENT OF AUTHORITY TO PROVIDE FEDERAL 
              MATCHING PAYMENTS FOR STATE SPENDING OF CHILD SUPPORT 
              INCENTIVE PAYMENTS.

    During the period that begins on October 1, 2008, and ends on 
September 30, 2010, section 455(a)(1) of the Social Security Act (42 
U.S.C. 655(a)(1)) shall be applied without regard to the amendment made 
by section 7309(a) of the Deficit Reduction Act of 2005 (Public Law 
109-171, 120 Stat. 147).

                    TITLE IV--UNEMPLOYMENT INSURANCE

SEC. 4001. EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.

    (a) Additional First-Tier Benefits.--Section 4002(b)(1) of the 
Supplemental Appropriations Act, 2008 (26 U.S.C. 3304 note) is 
amended--
            (1) in subparagraph (A), by striking ``50'' and inserting 
        ``80''; and
            (2) in subparagraph (B), by striking ``13'' and inserting 
        ``20''.
    (b) Second-Tier Benefits.--Section 4002 of the Supplemental 
Appropriations Act, 2008 (26 U.S.C. 3304 note) is amended by adding at 
the end the following:
    ``(c) Special Rule.--
            ``(1) In general.--If, at the time that the amount 
        established in an individual's account under subsection (b)(1) 
        is exhausted or at any time thereafter, such individual's State 
        is in an extended benefit period (as determined under paragraph 
        (2)), such account shall be augmented by an amount equal to the 
        lesser of--
                    ``(A) 50 percent of the total amount of regular 
                compensation (including dependents' allowances) payable 
                to the individual during the individual's benefit year 
                under the State law, or
                    ``(B) 13 times the individual's average weekly 
                benefit amount (as determined under subsection (b)(2)) 
                for the benefit year.
            ``(2) Extended benefit period.--For purposes of paragraph 
        (1), a State shall be considered to be in an extended benefit 
        period, as of any given time, if--
                    ``(A) such a period is then in effect for such 
                State under the Federal-State Extended Unemployment 
                Compensation Act of 1970;
                    ``(B) such a period would then be in effect for 
                such State under such Act if section 203(d) of such 
                Act--
                            ``(i) were applied by substituting `4' for 
                        `5' each place it appears; and
                            ``(ii) did not include the requirement 
                        under paragraph (1)(A) thereof; or
                    ``(C) such a period would then be in effect for 
                such State under such Act if--
                            ``(i) section 203(f) of such Act were 
                        applied to such State (regardless of whether 
                        the State by law had provided for such 
                        application); and
                            ``(ii) such section 203(f)--
                                    ``(I) were applied by substituting 
                                `6.0' for `6.5' in paragraph (1)(A)(i) 
                                thereof; and
                                    ``(II) did not include the 
                                requirement under paragraph (1)(A)(ii) 
                                thereof.
            ``(3) Limitation.--The account of an individual may be 
        augmented not more than once under this subsection.''.
    (c) Phaseout Provisions.--Section 4007(b) of the Supplemental 
Appropriations Act, 2008 (26 U.S.C. 3304 note) is amended--
            (1) in paragraph (1), by striking ``paragraph (2),'' and 
        inserting ``paragraphs (2) and (3),''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) No augmentation after march 31, 2009.--If the amount 
        established in an individual's account under subsection (b)(1) 
        is exhausted after March 31, 2009, then section 4002(c) shall 
        not apply and such account shall not be augmented under such 
        section, regardless of whether such individual's State is in an 
        extended benefit period (as determined under paragraph (2) of 
        such section).
            ``(3) Termination.--No compensation under this title shall 
        be payable for any week beginning after November 27, 2009.''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply as if included in the enactment of the Supplemental 
        Appropriations Act, 2008, subject to paragraph (2).
            (2) Additional benefits.--In applying the amendments made 
        by subsections (a) and (b), any additional emergency 
        unemployment compensation made payable by such amendments 
        (which would not otherwise have been payable if such amendments 
        had not been enacted) shall be payable only with respect to any 
        week of unemployment beginning on or after the date of the 
        enactment of this Act.

SEC. 4002. TEMPORARY FEDERAL MATCHING FOR THE FIRST WEEK OF EXTENDED 
              BENEFITS FOR STATES WITH NO WAITING WEEK.

    With respect to weeks of unemployment beginning after the date of 
enactment of this Act and ending on or before December 8, 2009, 
subparagraph (B) of section 204(a)(2) of the Federal-State Extended 
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) shall not 
apply.

               TITLE V--NATIONAL PARK CENTENNIAL FUND ACT

SECTION 5001. SHORT TITLE.

    This Act may be cited as the ``National Park Centennial Fund Act''.

SEC. 5002. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the National Park 
        Centennial Fund established under section 5003.
            (2) In-kind.--The term ``in-kind'' means the fair market 
        value of non-cash contributions provided by non-Federal 
        partners, which may be in the form of real property, equipment, 
        supplies and other expendable property, as well as other goods 
        and services.
            (3) Project or program.--The term ``Project or program'' 
        means a National Park Centennial Project or Program funded 
        pursuant to this Act.
            (4) Proposal.--The term ``Proposal'' means a National Park 
        Centennial Proposal submitted pursuant to section 5004.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 5003. NATIONAL PARK CENTENNIAL FUND.

    (a) In General.--There is established in the Treasury of the United 
States a fund which shall be known as the ``National Park Centennial 
Fund''. In each of fiscal years 2009 through 2018, the Secretary of the 
Treasury shall deposit into the Fund the following:
            (1) Cash donations received by the National Park Service in 
        support of projects or programs authorized by this Act.
            (2) From the General Fund, an amount equivalent to--
                    (A) the amount described in paragraph (1), 
                excluding donations pledged through a letter of credit 
                in a prior year; and
                    (B) the amount of donations pledged through letters 
                of credit in the same fiscal year.
    (b) Limitation on Amount.--The total amount of deposits from the 
General Fund under subsection (a)(2) shall not exceed, in the 
aggregate, $1,000,000,000 for fiscal years 2009 through 2018.

SEC. 5004. PROGRAM ALLOCATION.

    (a) In General.--Each fiscal year, the President's annual budget 
submission for the Department of the Interior shall include a list of 
proposals which shall be known as National Park Centennial Proposals. 
The Secretary shall establish a standard process for developing the 
list that shall encourage input from both the public and a broad cross-
section of employees at every level of the National Park Service. The 
list--
            (1) shall include proposals having an aggregate cost to the 
        Federal Government equal to the unobligated amount in the Fund;
            (2) shall include only proposals consistent with National 
        Park Service policies and adopted park planning documents;
            (3) may include proposals for any area within the national 
        park system (as that term is defined in section 2 of the Act of 
        August 8, 1953 (16 U.S.C. 1c)), clusters of areas within such 
        system, a region or regions of such system, or such system in 
        its entirety;
            (4) shall cumulatively represent a nationwide array of 
        proposals that is diverse geographically, in size, scope, 
        magnitude, theme, and variety under the initiatives described 
        in subsection (b);
            (5) shall give priority to proposals demonstrating long-
        term viability beyond receipts from the Fund;
            (6) shall include only proposals meeting the requirements 
        of one or more of the initiatives set forth in subsection (b);
            (7) should contain proposals under each of the initiatives 
        set forth in subsection (b); and
            (8) shall give priority to proposals with committed, non-
        Federal support but shall also include proposals funded 
        entirely by the Fund.
    (b) National Park Centennial Initiatives.--The requirements 
referred to in subsection (a)(6) are as follows:
            (1) Education in parks centennial initiative.--Proposals 
        for the ``Education in Parks Centennial Initiative'' shall meet 
        the following requirements:
                    (A) Priority shall be given to proposals designed 
                to increase National Park-based educational 
                opportunities for elementary, secondary and college 
                students particularly those from populations 
                historically under represented among visitors to the 
                National Park System.
                    (B) Priority shall be given to proposals designed 
                to bring students into the National Park System in 
                person.
                    (C) Proposals should include strategies for 
                encouraging young people to become lifelong advocates 
                for National Parks.
                    (D) Proposals shall be developed in consultation 
                with the leadership of educational and youth 
                organizations expected to participate in the proposed 
                initiative.
            (2) Diversity in parks centennial initiative.--
                    (A) Study.--Not later than 1 year after the date of 
                the enactment of this Act, the Secretary shall submit 
                to the Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate a report detailing a service-
                wide strategy for increasing diversity among National 
                Park Service employees at all levels and visitors to 
                the National Park System.
                    (B) Proposals.--Proposals for the ``Diversity in 
                Parks Centennial Initiative'' shall meet the following 
                requirements:
                            (i) Each proposal shall be based on 
                        recommendations contained in the report 
                        required in subparagraph (A).
                            (ii) Each proposal shall be designed to 
                        make National Park Service employees, visitors 
                        to the National Park System, or both, reflect 
                        the diversity of the population of the United 
                        States.
            (3) Supporting park professionals centennial initiative.--
        Proposals for the ``Supporting Park Professionals Centennial 
        Initiative'' shall meet the following requirements:
                    (A) Taken as a whole, proposals shall provide 
                specific opportunities for National Park Service 
                employees, at all levels, to participate in 
                professional career development.
                    (B) Proposals may include National Park Service-
                designed, internal professional development programs.
                    (C) Proposals may also be designed to facilitate 
                participation in external professional development 
                programs or established courses of study by National 
                Park Service employees.
            (4) Environmental leadership centennial initiative.--
        Proposals for the ``Environmental Leadership Centennial 
        Initiative'' shall meet the following requirements:
                    (A) Each proposal shall be designed to do one or 
                more of the following:
                            (i) Reduce harmful emissions.
                            (ii) Conserve energy or water resources.
                            (iii) Reduce solid waste production within 
                        the National Park System.
                    (B) Each proposal shall include strategies for 
                educating the public regarding Environmental Leadership 
                projects and their results.
                    (C) Priority shall be given to proposals with the 
                potential to spread technological advances to other 
                Federal agencies or to the private sector.
            (5) Natural resource protection centennial initiative.--
        Proposals for the ``Natural Resource Protection Centennial 
        Initiative'' shall meet the following requirements:
                    (A) Each proposal shall be designed to restore or 
                conserve native ecosystems within the National Park 
                System.
                    (B) Priority shall be given to proposals designed 
                to control invasive species.
                    (C) Each proposal shall be based on the best 
                available scientific information.
            (6) Cultural resource protection centennial initiative.--
        Proposals for the ``Cultural Resource Protection Centennial 
        Initiative'' shall--
                    (A) either--
                            (i) increase the National Park Service's 
                        knowledge of cultural resources located within 
                        the National Park System through means 
                        including, but not limited to, surveys, 
                        studies, mapping, and documentation of such 
                        resources; or
                            (ii) improve the condition of documented 
                        cultural resources within the National Park 
                        System;
                    (B) incorporate the best available scientific 
                information; and
                    (C) where appropriate, be developed in consultation 
                with Native American tribes, State historic 
                preservation offices, or other organizations with 
                cultural resource preservation expertise.
            (7) Health and fitness in parks centennial initiative.--
                    (A) In general.--Proposals for the ``Health and 
                Fitness in Parks Centennial Initiative'' shall fall 
                into one or more of the following four categories:
                            (i) Proposals designed to repair, 
                        rehabilitate, or otherwise improve 
                        infrastructure, including trails, that 
                        facilitates healthy outdoor activity within the 
                        National Park System.
                            (ii) Proposals designed to expand 
                        opportunities for access to the National Park 
                        System for visitors with disabilities.
                            (iii) Proposals to develop and implement 
                        management plans (such as climbing plans and 
                        trail system plans) for activities designed to 
                        increase the health and fitness of visitors to 
                        the National Park System.
                            (iv) Proposals to develop outreach programs 
                        and media that provide public information 
                        regarding health and fitness opportunities 
                        within the National Park System.
                    (B) Miscellaneous requirements.--All proposals for 
                ``the Health and Fitness in Parks Centennial 
                Initiative'' shall--
                            (i) be consistent with National Park 
                        Service policies and adopted park planning 
                        documents; and
                            (ii) be designed to provide for visitor 
                        enjoyment in such a way as to leave the 
                        National Park System unimpaired for future 
                        generations.
    (c) Funding.--In each of fiscal years 2009 through 2018, 
unobligated amounts in the Fund shall be available without further 
appropriation for projects authorized by this Act, but may not be 
obligated or expended until 120 days after the annual submission of the 
list of proposals required under this section to allow for 
Congressional review.
    (d) Limitation on Distribution of Funds.--No more than 50 percent 
of amounts available from the Fund for any fiscal year may be spent on 
projects that are for the construction of facilities that cost in 
excess of $5,000,000.

SEC. 5005. PARTNERSHIPS.

    (a) Donations.--The Secretary may actively encourage and facilitate 
participation in proposals from non-Federal and philanthropic partners, 
and may accept donations, both monetary and in-kind for any Project or 
Program pursuant to section 1 of the Act of June 5, 1920 (16 U.S.C. 6), 
and other authorities to accept donations existing on the date of 
enactment of this Act.
    (b) Terms and Conditions.--To the extent that private organizations 
or individuals are to participate in or contribute to any Project or 
Program, the terms and conditions of that participation or contribution 
as well as all actions of employees of the National Park Service, shall 
be governed by National Park Service Directors Order #21, ``Donations 
and Fundraising'', as in force on the date of the enactment of this 
Act.

SEC. 5006. MAINTENANCE OF EFFORT.

    Amounts made available from the Fund shall supplement rather than 
replace annual expenditures by the National Park Service, including 
authorized expenditures from the Land and Water Conservation Fund and 
the National Park Service Line Item Construction Program. The National 
Park Service shall maintain adequate, permanent staffing levels and 
permanent staff shall not be replaced with nonpermanent employees hired 
to carry out this Act or Projects or Programs carried out with funds 
provided under this Act.

SEC. 5007. REPORTS.

    For each fiscal year beginning in fiscal year 2009, the Secretary 
shall submit to Congress a report that includes the following:
            (1) A detailed accounting of all expenditures from the Fund 
        divided by categories of proposals under section 4(b), 
        including a detailed accounting of any private contributions, 
        either in funds or in kind, to any Project or Program.
            (2) A cumulative summary of the results of the National 
        Park Centennial program including recommendations for revisions 
        to the program.
            (3) A statement of whether the National Park Service has 
        maintained adequate, permanent staffing levels and what 
        nonpermanent and permanent staff have been hired to carry out 
        this Act or Projects or Programs carried out with funds 
        provided under this Act.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

                         emergency designation

    Sec. 6001. Each amount in this Act is designated as an emergency 
requirement and necessary to meet emergency needs pursuant to section 
204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. 
Con. Res. 70 (110th Congress), the concurrent resolutions on the budget 
for fiscal years 2008 and 2009.

                       coordination of provisions

    Sec. 6002. Unless otherwise expressly provided, each amount in this 
Act is a supplemental appropriation for fiscal year 2008, or, if 
enacted after September 30, 2008, for fiscal year 2009.
    This Act may be cited as the ``Economic Recovery Act, 2008''.

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