II 

111TH CONGRESS 

1ST SESSION S. 323 

To provide infrastructure, nutrition, and housing assistance to rural areas 

of the United States. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2009 

Mr. CONRAD (for himself, Mrs. LINCOLN, and Mr. NELSON of Nebraska) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To provide infrastructure, nutrition, and housing assistance 

to rural areas of the United States. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Rural Revitalization Act of 2009’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—INFRASTRUCTURE 

Sec. 101. Tax-exempt financing of certain electric transmission facilities. 

Sec. 102. Clean Energy corridors. 


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Sec. 103. Rural electrification loan program. 

Sec. 104. Loan guarantees for renewable fuel pipelines; refueling infrastructure 

corridors. 

Sec. 105. Transportation. 

Sec. 106. Water projects. 

Sec. 107. Rural utilities programs of the Department of Agriculture. 

Sec. 108. Rural community facilities programs. 

Sec. 109. Rural business enterprise grants. 

Sec. 110. Telemedicine and distance learning services in rural areas. 

Sec. 111. Rural microentrepreneur assistance program. 

Sec. 112. Public works and economic development. 

Sec. 113. Extension and expansion of qualified zone academy bonds. 

Sec. 114. Energy programs of the Department of Agriculture. 

TITLE II—NUTRITION ASSISTANCE 

Sec. 201. Emergency food assistance program. 

Sec. 202. Commodity supplemental food program. 

Sec. 203. Emergency food program infrastructure grant program. 

Sec. 204. Special supplemental nutrition program for women, infants, and children. 

TITLE III—RURAL HOUSING 

Sec. 301. Doug Bereuter section 502 single family housing loan guarantee program. 

TITLE IV—RURAL HEALTH 

Sec. 401. National Health Service Corps programs. 

Sec. 402. Improved access to ambulance services. 

Sec. 403. Applying rural home health add-on policy for 2009 and 2010. 

Sec. 404. Extension of the reclassification of certain hospitals. 

TITLE V—EMERGENCY DESIGNATION 

Sec. 501. Emergency designation. 

1 TITLE I—INFRASTRUCTURE 

2 SEC. 101. TAX-EXEMPT FINANCING OF CERTAIN ELECTRIC 

3 TRANSMISSION FACILITIES. 

4 (a) IN GENERAL.—Subsection (a) of section 142 of 

5 the Internal Revenue Code of 1986 is amended— 

6 (1) by striking ‘‘or’’ at the end of paragraph 

7 (14), 

8 (2) by striking the period at the end of para9 graph (15) and inserting ‘‘, or’’, and 


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1 (3) by inserting at the end the following new 

2 paragraph: 

3 ‘‘(16) qualified electric transmission facilities.’’. 

4 (b) DEFINITION.—Section 142 of the Internal Rev5 enue Code of 1986 is amended by inserting at the end 

6 the following new subsection: 

7 ‘‘(n) QUALIFIED ELECTRIC TRANSMISSION FACILI8 TIES.— 

9 ‘‘(1) IN GENERAL.—For purposes of subsection 

10 (a)(16), the term ‘qualified electric transmission fa11 cility’ means any electric transmission facility which 

12 is owned by— 

13 ‘‘(A) a State or political subdivision of a 

14 State, or any agency, authority, or instrumen15 tality of any of the foregoing, providing electric 

16 service, directly or indirectly to the public, or 

17 ‘‘(B) a State or political subdivision of a 

18 State expressly authorized under State law to 

19 finance and own electric transmission facilities. 

20 ‘‘(2) TERMINATION.—Subsection (a)(16) shall 

21 not apply with respect to any bond issued after De22 cember 31, 2010.’’. 

23 (c) EFFECTIVE DATE.—The amendment made by 

24 this section shall apply to bonds issued after the date of 

25 enactment of this Act. 


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1 SEC. 102. CLEAN ENERGY CORRIDORS. 

2 (a) IN GENERAL.—Section 216 of the Federal Power 

3 Act (16 U.S.C. 824p) is amended— 

4 (1) in subsection (a)— 

5 (A) by striking ‘‘(1) Not later than’’ and 

6 inserting the following: 

7 ‘‘(1) IN GENERAL.—Not later than’’; 

8 (B) by striking paragraph (2) and insert9 ing the following: 

10 ‘‘(2) REPORT AND DESIGNATIONS.— 

11 ‘‘(A) IN GENERAL.—After considering al12 ternatives and recommendations from interested 

13 parties (including an opportunity for comment 

14 from affected States), the Secretary shall issue 

15 a report, based on the study conducted under 

16 paragraph (1), in which the Secretary may des17 ignate as a national interest electric trans18 mission corridor any geographical area experi19 encing electric energy transmission capacity 

20 constraints or congestion that adversely affects 

21 consumers, including constraints or congestion 

22 that— 

23 ‘‘(i) increases costs to consumers; 

24 ‘‘(ii) limits resource options to serve 

25 load growth; or 


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1 ‘‘(iii) limits access to sources of clean 

2 energy, such as wind, solar energy, geo3 thermal energy, and biomass. 

4 ‘‘(B) ADDITIONAL DESIGNATIONS.—In ad5 dition to the corridor designations made under 

6 subparagraph (A), the Secretary may designate 

7 additional corridors in accordance with that 

8 subparagraph on the application by an inter9 ested person, on the condition that the Sec10 retary provides for an opportunity for notice 

11 and comment by interested persons and af12 fected States on the application.’’; 

13 (C) in paragraph (3), the striking ‘‘(3) The 

14 Secretary’’ and inserting the following: 

15 ‘‘(3) CONSULTATION.—The Secretary’’; and 

16 (D) in paragraph (4)— 

17 (i) by striking ‘‘(4) In determining’’ 

18 and inserting the following: 

19 ‘‘(4) BASIS FOR DETERMINATION.—In deter20 mining’’; and 

21 (ii) by striking subparagraphs (A) 

22 through (E) and inserting the following: 

23 ‘‘(A) the economic vitality and development 

24 of the corridor, or the end markets served by 


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1 the corridor, may be constrained by lack of ade2 quate or reasonably priced electricity; 

3 ‘‘(B)(i) economic growth in the corridor, or 

4 the end markets served by the corridor, may be 

5 jeopardized by reliance on limited sources of en6 ergy; and 

7 ‘‘(ii) a diversification of supply is war8 ranted; 

9 ‘‘(C) the energy independence of the 

10 United States would be served by the designa11 tion; 

12 ‘‘(D) the designation would be in the inter13 est of national energy policy; and 

14 ‘‘(E) the designation would enhance na15 tional defense and homeland security.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(l) RATES AND RECOVERY OF COSTS.— 

18 ‘‘(1) IN GENERAL.—Not later than 1 year after 

19 the date of enactment of this subsection, the Com20 mission shall promulgate regulations providing for 

21 the allocation and recovery of costs prudently in22 curred by public utilities in building and operating 

23 facilities authorized under this section for trans24 mission of electric energy generated from clean 

25 sources (such as wind, solar energy, geothermal enVerDate Nov 24 2008 06:16 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S323.IS S323

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1 ergy, and biomass) and recovered in rates for the 

2 transmission of the electric energy subject to the ju3 risdiction of the Commission. 

4 ‘‘(2) APPLICABLE PROVISIONS.—All rates ap5 proved under the regulations promulgated under 

6 paragraph (1), including any revisions to the regula7 tions, shall be subject to the requirements under sec8 tions 205 and 206 that all rates, charges, terms, and 

9 conditions be just and reasonable and not unduly 

10 discriminatory or preferential. 

11 ‘‘(3) RATES IN ORGANIZED MARKETS.—In es12 tablishing rates under section 205 or 206 for facili13 ties built under this section by a public utility or 

14 transmitting utility and located within or inter15 connecting with a regional transmission organiza16 tion, the costs of the facilities shall be allocated to 

17 all users of the transmission system within the re18 gional transmission organization.’’. 

19 (b) STUDY ON TRANSMISSION CORRIDORS TO MAXI20 MIZE CLEAN AND RENEWABLE ENERGY.— 

21 (1) IN GENERAL.—The Secretary shall conduct 

22 a study to determine what transmission corridors 

23 are necessary to allow the United States to maximize 

24 the use of clean and renewable energy to meet the 

25 electricity needs of the United States. 


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1 (2) REPORT.—Not later than 1 year after the 

2 date of enactment of this Act, the Secretary shall 

3 submit to Congress a report that describes the re4 sults of the study, including any recommendations. 

5 SEC. 103. RURAL ELECTRIFICATION LOAN PROGRAM. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, not later than 30 days after the date of enact8 ment of this Act, out of any funds in the Treasury not 

9 otherwise appropriated, the Secretary of the Treasury 

10 shall transfer to the Secretary of Agriculture— 

11 (1) for the cost of hardship loans made avail12 able under subsection (c)(1) and (d)(1) of section 

13 305 of the Rural Electrification Act of 1936 (7 

14 U.S.C. 935) $360,000,000 for fiscal year 2009, to 

15 remain available until September 30, 2010; and 

16 (2) for the cost of loan guarantees to carry out 

17 section 306 of that Act (7 U.S.C. 936), 

18 $15,600,000,000 for fiscal year 2009, to remain 

19 available until September 30, 2010. 

20 (b) RECEIPT AND ACCEPTANCE.—The Secretary of 

21 Agriculture shall be entitled to receive, shall accept, and 

22 shall use to carry out this section the funds transferred 

23 under subsection (a), without further appropriation. 


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1 SEC. 104. LOAN GUARANTEES FOR RENEWABLE FUEL PIPE2 LINES; REFUELING INFRASTRUCTURE COR3 RIDORS. 

4 (a) LOAN GUARANTEES FOR RENEWABLE FUEL

5 PIPELINES.—Subtitle C of title II of the Energy Inde6 pendence and Security Act of 2007 (42 U.S.C. 17051 et 

7 seq.) is amended by adding at the end the following: 

8 ‘‘SEC. 249. LOAN GUARANTEES FOR RENEWABLE FUEL 

9 PIPELINES. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) COST.—The term ‘cost’ has the meaning 

12 given the term ‘cost of a loan guarantee’ in section 

13 502(5)(C) of the Federal Credit Reform Act of 1990 

14 (2 U.S.C. 661a(5)(C)). 

15 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible 

16 project’ means a project described in subsection 

17 (b)(1). 

18 ‘‘(3) GUARANTEE.— 

19 ‘‘(A) IN GENERAL.—The term ‘guarantee’ 

20 has the meaning given the term ‘loan guar21 antee’ in section 502 of the Federal Credit Re22 form Act of 1990 (2 U.S.C. 661a). 

23 ‘‘(B) INCLUSION.—The term ‘guarantee’ 

24 includes a loan guarantee commitment (as de25 fined in section 502 of the Federal Credit Re26 form Act of 1990 (2 U.S.C. 661a)). 


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1 ‘‘(4) RENEWABLE FUEL.—The term ‘renewable 

2 fuel’ means fuel that is produced from renewable 

3 biomass and that is used to replace or reduce the 

4 quantity of fossil fuel present in a transportation 

5 fuel. 

6 ‘‘(5) RENEWABLE FUEL PIPELINE.—The term 

7 ‘renewable fuel pipeline’ means a common carrier 

8 pipeline for transporting renewable fuel. 

9 ‘‘(b) LOAN GUARANTEES.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall make 

11 guarantees under this section for projects that pro12 vide for— 

13 ‘‘(A) the construction of new renewable 

14 fuel pipelines; or 

15 ‘‘(B) the modification of pipelines to trans16 port renewable fuel. 

17 ‘‘(2) ELIGIBILITY.—In determining the eligi18 bility of a project for a guarantee under this section, 

19 the Secretary shall consider— 

20 ‘‘(A) the volume of renewable fuel to be 

21 moved by the renewable fuel pipeline; 

22 ‘‘(B) the size of the markets to be served 

23 by the renewable fuel pipeline; 


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1 ‘‘(C) the existence of sufficient storage to 

2 facilitate access to the markets served by the 

3 renewable fuel pipeline; 

4 ‘‘(D) the proximity of the renewable fuel 

5 pipeline to renewable fuel production facilities; 

6 ‘‘(E) the investment of the entity carrying 

7 out the proposed project in terminal infrastruc8 ture; 

9 ‘‘(F) the experience of the entity carrying 

10 out the proposed project in working with renew11 able fuel; 

12 ‘‘(G) the ability of the entity carrying out 

13 the proposed project to maintain the quality of 

14 the renewable fuel through— 

15 ‘‘(i) the terminal system of the entity; 

16 and 

17 ‘‘(ii) the dedicated pipeline system; 

18 ‘‘(H) the ability of the entity carrying out 

19 the proposed project to complete the project in 

20 a timely manner; and 

21 ‘‘(I) the ability of the entity carrying out 

22 the proposed project to secure property rights23 of-way in order to move the proposed project 

24 forward in a timely manner. 


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1 ‘‘(3) AMOUNT.—Unless otherwise provided by 

2 law, a guarantee by the Secretary under this section 

3 shall not exceed an amount equal to 90 percent of 

4 the eligible project cost of the renewable fuel pipeline 

5 that is the subject of the guarantee, as estimated at 

6 the time at which the guarantee is issued or subse7 quently modified while the eligible project is under 

8 construction. 

9 ‘‘(4) TERMS AND CONDITIONS.—Guarantees 

10 under this section shall be provided in accordance 

11 with section 1702 of the Energy Policy Act of 2005 

12 (42 U.S.C. 16512), except that subsection (c) of 

13 that section shall not apply to guarantees made 

14 under this section. 

15 ‘‘(5) FINAL RULE.—Not later than 90 days 

16 after the date of enactment of this section, the Sec17 retary shall publish in the Federal Register a final 

18 rule directing the Director of the Department of En19 ergy Loan Guarantee Program Office to initiate the 

20 loan guarantee program under this section in ac21 cordance with this section. 

22 ‘‘(c) FUNDING.— 

23 ‘‘(1) IN GENERAL.—There are authorized to be 

24 appropriated such sums as are necessary to provide 

25 $5,000,000,000 in guarantees under this section. 


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1 ‘‘(2) USE OF OTHER APPROPRIATED FUNDS.— 

2 To the extent that the amounts made available 

3 under title XVII of the Energy Policy Act of 2005 

4 (42 U.S.C. 16511 et seq.) have not been disbursed 

5 to programs under that title, the Secretary may use 

6 the amounts to carry out this section.’’. 

7 (b) REFUELING INFRASTRUCTURE CORRIDORS.— 

8 (1) NUMBER OF ELIGIBLE PROJECTS.—Section 

9 244(d)(1) of the Energy Independence and Security 

10 Act of 2007 (42 U.S.C. 17052(d)(1)) is amended by 

11 striking ‘‘10’’ and inserting ‘‘20’’. 

12 (2) REPORT.—Section 244 of the Energy Inde13 pendence and Security Act of 2007 (42 U.S.C. 

14 17052) is amended— 

15 (A) by redesignating subsection (f) as sub16 section (g); and 

17 (B) by inserting after subsection (e) the 

18 following: 

19 ‘‘(f) REPORT.—Not later than 2 years after the date 

20 on which grants are awarded under subsection (d), the 

21 Secretary shall submit to Congress a report on the feasi22 bility and desirability of— 

23 ‘‘(1) establishing a refueling infrastructure cor24 ridor for each highway on the Interstate System (as 


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1 defined in section 101(a) of title 23, United States 

2 Code); and 

3 ‘‘(2) expanding the scope of this section to 

4 cover alternative fuels.’’. 

5 SEC. 105. TRANSPORTATION. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, not later than 30 days after the date of enact8 ment of this Act, out of any funds in the Treasury not 

9 otherwise appropriated, the Secretary of the Treasury 

10 shall transfer to the Secretary of Transportation, for ap11 portionment among States in accordance with the require12 ments for apportionment for fiscal year 2009 under sec13 tions 104 and 105 of title 23, United States Code, to re14 main available until September 30, 2010— 

15 (1) $5,000,000,000 for use in carrying out 

16 highway and bridge projects in areas described in 

17 subsection (c), with priority given to projects for 

18 which funds can be obligated not later than the date 

19 that is 120 days after the date of enactment of this 

20 Act; and 

21 (2) $568,000,000 for maintenance and new 

22 construction projects relating to Indian reservation 

23 roads under section 204 of title 23, United States 

24 Code. 


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1 (b) RECEIPT AND ACCEPTANCE.—The Secretary of 

2 Transportation shall be entitled to receive, shall accept, 

3 and shall use to carry out this section the funds trans4 ferred under subsection (a), without further appropriation. 

5 (c) REQUIREMENT.—Amounts made available under 

6 this section may only be used for projects that are in rural 

7 areas (within the meaning given the term in section 

8 343(a)(13)(A) of the Consolidated Farm and Rural Devel9 opment Act (7 U.S.C. 1991(a)(13)(A))). 

10 SEC. 106. WATER PROJECTS. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, not later than 30 days after the date of enact13 ment of this Act, out of any funds in the Treasury not 

14 otherwise appropriated, the Secretary of the Treasury 

15 shall transfer to the Secretary of the Interior 

16 $500,000,000, to remain available until September 30, 

17 2010, for use in carrying out authorized rural water 

18 projects of the Bureau of Reclamation. 

19 (b) RECEIPT AND ACCEPTANCE.—The Secretary of 

20 the Interior shall be entitled to receive, shall accept, and 

21 shall use to carry out this section the funds transferred 

22 under subsection (a), without further appropriation. 

23 SEC. 107. RURAL UTILITIES PROGRAMS OF THE DEPART24 MENT OF AGRICULTURE. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) RURAL UTILITIES PROGRAMS.—The term 

2 ‘‘rural utilities programs’’ means the programs of 

3 the Secretary that provide— 

4 (A) water or waste disposal grants or di5 rect or guaranteed loans under paragraph (1) 

6 or (2) of section 306(a) of the Consolidated 

7 Farm and Rural Development Act (7 U.S.C. 

8 1926(a)); 

9 (B) rural water or wastewater technical as10 sistance and training grants under section 

11 306(a)(14) of that Act (7 U.S.C. 1926(a)(14)); 

12 (C) emergency community water assistance 

13 grants under section 306A of that Act (7 

14 U.S.C. 1926a); and 

15 (D) solid waste management grants under 

16 section 310B(b) of that Act (7 U.S.C. 1932(b)). 

17 (2) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Agriculture. 

19 (b) FUNDING.— 

20 (1) IN GENERAL.—Notwithstanding any other 

21 provision of law and in addition to any other funds 

22 made available, not later than 30 days after the date 

23 of enactment of this Act, out of any funds in the 

24 Treasury not otherwise appropriated, the Secretary 

25 of the Treasury shall transfer to the Secretary for 


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1 the cost of grants, loans, and loan guarantees to 

2 carry out rural utilities programs $2,000,000,000, to 

3 remain available until September 30, 2010. 

4 (2) RECEIPT AND ACCEPTANCE.—The Sec5 retary shall be entitled to receive, shall accept, and 

6 shall use to carry out rural utilities programs the 

7 funds transferred under paragraph (1), without fur8 ther appropriation. 

9 SEC. 108. RURAL COMMUNITY FACILITIES PROGRAMS. 

10 (a) COMMUNITY FACILITY DIRECT AND GUARAN11 TEED LOANS.— 

12 (1) IN GENERAL.—Notwithstanding any other 

13 provision of law and in addition to any other funds 

14 made available, not later than 30 days after the date 

15 of enactment of this Act, out of any funds in the 

16 Treasury not otherwise appropriated, the Secretary 

17 of the Treasury shall transfer to the Secretary of 

18 Agriculture (referred to in this section as the ‘‘Sec19 retary’’)— 

20 (A) an amount determined by the Sec21 retary to be necessary for the Secretary to 

22 make $2,500,000,000 in community facility di23 rect and guaranteed loans under section 

24 306(a)(1) of the Consolidated Farm and Rural 


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1 Development Act (7 U.S.C. 1926(a)(1)), to re2 main available until September 30, 2010; and 

3 (B) $100,000,000 for the costs of making 

4 and modifying the loans described in subpara5 graph (A). 

6 (2) RECEIPT AND ACCEPTANCE.—The Sec7 retary shall be entitled to receive, shall accept, and 

8 shall use to provide those loans the funds trans9 ferred under paragraph (1), without further appro10 priation. 

11 (b) COMMUNITY FACILITY GRANTS.—Of the funds of 

12 the Commodity Credit Corporation and in addition to any 

13 other funds made available, the Secretary shall use for 

14 cost of community facility grants under paragraph (19), 

15 (20), or (21) of section 306(a) of the Consolidated Farm 

16 and Rural Development Act (7 U.S.C. 1926(a)) (including 

17 the cost of making the grants) $100,000,000 for fiscal 

18 year 2009, to remain available until September 30, 2010. 

19 SEC. 109. RURAL BUSINESS ENTERPRISE GRANTS. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law and in addition to any other funds made avail22 able, not later than 30 days after the date of enactment 

23 of this Act, out of any funds in the Treasury not otherwise 

24 appropriated, the Secretary of the Treasury shall transfer 

25 to the Secretary of Agriculture for the cost of grants to 


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1 carry out section 310B(c) of the Consolidated Farm and 

2 Rural Development Act (7 U.S.C. 1932(c)) $100,000,000, 

3 to remain available until September 30, 2010. 

4 (b) RECEIPT AND ACCEPTANCE.—The Secretary of 

5 Agriculture shall be entitled to receive, shall accept, and 

6 shall use to carry out that section the funds transferred 

7 under subsection (a), without further appropriation. 

8 SEC. 110. TELEMEDICINE AND DISTANCE LEARNING SERV9 ICES IN RURAL AREAS. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law and in addition to any other funds made avail12 able, not later than 30 days after the date of enactment 

13 of this Act, out of any funds in the Treasury not otherwise 

14 appropriated, the Secretary of the Treasury shall transfer 

15 to the Secretary of Agriculture for the cost of grants and 

16 loans to carry out chapter 1 of subtitle D of title XXIII 

17 of the Food, Agriculture, Conservation, and Trade Act of 

18 1990 (7 U.S.C. 950aaa et seq.) $3,000,000,000, to remain 

19 available until September 30, 2010. 

20 (b) RECEIPT AND ACCEPTANCE.—The Secretary of 

21 Agriculture shall be entitled to receive, shall accept, and 

22 shall use to carry out that chapter the funds transferred 

23 under subsection (a), without further appropriation. 


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1 SEC. 111. RURAL MICROENTREPRENEUR ASSISTANCE PRO2 GRAM. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law and in addition to any other funds made avail5 able, not later than 30 days after the date of enactment 

6 of this Act, out of any funds in the Treasury not otherwise 

7 appropriated, the Secretary of the Treasury shall transfer 

8 to the Secretary of Agriculture for the cost of loans and 

9 grants to carry out section 379E of the Consolidated 

10 Farm and Rural Development Act (7 U.S.C. 2008s) 

11 $84,000,000, to remain available until September 30, 

12 2010. 

13 (b) RECEIPT AND ACCEPTANCE.—The Secretary of 

14 Agriculture shall be entitled to receive, shall accept, and 

15 shall use to carry out that section the funds transferred 

16 under subsection (a), without further appropriation. 

17 SEC. 112. PUBLIC WORKS AND ECONOMIC DEVELOPMENT. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, not later than 30 days after the date of enact20 ment of this Act, out of any funds in the Treasury not 

21 otherwise appropriated, the Secretary of the Treasury 

22 shall transfer to the Administrator of the Economic Devel23 opment Administration $250,000,000, to remain available 

24 until September 30, 2010, for use in carrying out public 

25 works and economic development projects and activities 


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1 that, as of the date of enactment of this Act, have been 

2 authorized but have not been initiated. 

3 (b) RECEIPT AND ACCEPTANCE.—The Administrator 

4 of the Economic Development Administration shall be en5 titled to receive, shall accept, and shall use to carry out 

6 this section the funds transferred under subsection (a), 

7 without further appropriation. 

8 SEC. 113. EXTENSION AND EXPANSION OF QUALIFIED ZONE 

9 ACADEMY BONDS. 

10 (a) IN GENERAL.—Section 54E(c)(1) of the Internal 

11 Revenue Code of 1986 is amended by striking 

12 ‘‘$400,000,000 for 2008 and 2009’’ and inserting ‘‘and 

13 $400,000,000 for 2008 and $800,000,000 for 2009 and 

14 2010’’. 

15 (b) PROCEEDS OF BONDS MAY BE USED FOR CON16 STRUCTION.—Paragraph (5) of section 1397E(d) of the 

17 Internal Revenue Code of 1986 is amended— 

18 (1) by striking ‘‘rehabilitating or repairing’’ in 

19 subparagraph (A) and inserting ‘‘constructing, reha20 bilitating, or repairing’’, and 

21 (2) by redesignating subparagraphs (B), (C), 

22 and (D) as subparagraphs (C), (D), and (E), respec23 tively, and by inserting after subparagraph (A) the 

24 following: 


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1 ‘‘(B) acquiring the land on which the facil2 ity is to be constructed,’’. 

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

4 this section shall apply to obligations issued after Decem5 ber 31, 2008. 

6 SEC. 114. ENERGY PROGRAMS OF THE DEPARTMENT OF 

7 AGRICULTURE. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law and in addition to any other funds made avail10 able, not later than 30 days after the date of enactment 

11 of this Act, out of any funds in the Treasury not otherwise 

12 appropriated, the Secretary of the Treasury shall transfer 

13 to the Secretary of Agriculture (referred to in this section 

14 as the ‘‘Secretary’’)— 

15 (1) for the costs of grants and loan guarantees 

16 to carry out section 9003 of the Farm Security and 

17 Rural Investment Act of 2002 (7 U.S.C. 8103)— 

18 (A) $150,000,000 for fiscal year 2009; and 

19 (B) $210,000,000 for fiscal year 2010; 

20 (2) to carry out section 9004 of that Act (7 

21 U.S.C. 8104), $80,000,000 for each of fiscal years 

22 2009 and 2010; 

23 (3) to carry out section 9005 of that Act (7 

24 U.S.C. 8105), $40,000,000 for each of fiscal years 

25 2009 and 2010; 


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1 (4) for the costs of grants and loan guarantees 

2 to carry out section 9007 of that Act (7 U.S.C. 

3 8107), $100,000,000 for each of fiscal years 2009 

4 and 2010; 

5 (5) to carry out section 9008 of that Act (7 

6 U.S.C. 8108)— 

7 (A) $30,000,000 for fiscal year 2009; and 

8 (B) $40,000,000 for fiscal year 2010; 

9 (6) to carry out section 9009 of that Act (7 

10 U.S.C. 8109), $20,000,000 for each of fiscal years 

11 2009 and 2010; 

12 (7) to carry out section 9011 of that Act (7 

13 U.S.C. 8111)— 

14 (A) $20,000,000 for fiscal year 2009; and 

15 (B) $30,000,000 for fiscal year 2010; and 

16 (8) to carry out section 9013 of that Act (7 

17 U.S.C. 8113), $20,000,000 for each of fiscal years 

18 2009 and 2010. 

19 (b) RECEIPT AND ACCEPTANCE.—The Secretary 

20 shall be entitled to receive, shall accept, and shall use to 

21 provide those loans the funds transferred under subsection 

22 (a), without further appropriation. 


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1 TITLE II—NUTRITION 

2 ASSISTANCE 

3 SEC. 201. EMERGENCY FOOD ASSISTANCE PROGRAM. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law and in addition to any other funds made avail6 able, not later than 30 days after the date of enactment 

7 of this Act, out of any funds in the Treasury not otherwise 

8 appropriated, the Secretary of the Treasury shall transfer 

9 to the Secretary of Agriculture (referred to in this section 

10 as the ‘‘Secretary’’) for the cost of carrying out the emer11 gency food assistance program established under the 

12 Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 

13 et seq.) $100,000,000 for fiscal year 2009, to remain 

14 available until September 30, 2010. 

15 (b) RECEIPT AND ACCEPTANCE.—The Secretary 

16 shall be entitled to receive, shall accept, and shall use to 

17 carry out that program the funds transferred under sub18 section (a), without further appropriation. 

19 (c) REQUIREMENT.—Of funds made available under 

20 subsection (a), the Secretary may use up to $5,000,000 

21 to carry out commodity distribution under the emergency 

22 food assistance program. 

23 SEC. 202. COMMODITY SUPPLEMENTAL FOOD PROGRAM. 

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law and in addition to any other funds made availVerDate Nov 24 2008 06:16 Jan 27, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S323.IS S323

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1 able, not later than 30 days after the date of enactment 

2 of this Act, out of any funds in the Treasury not otherwise 

3 appropriated, the Secretary of the Treasury shall transfer 

4 to the Secretary of Agriculture for the cost of carrying 

5 out the commodity supplemental food program established 

6 under section 5 of the Agriculture and Consumer Protec7 tion Act of 1973 (7 U.S.C. 612c note; Public Law 93– 

8 86) $50,000,000 for fiscal year 2009, to remain available 

9 until September 30, 2010. 

10 (b) RECEIPT AND ACCEPTANCE.—The Secretary of 

11 Agriculture shall be entitled to receive, shall accept, and 

12 shall use to carry out that program the funds transferred 

13 under subsection (a), without further appropriation. 

14 SEC. 203. EMERGENCY FOOD PROGRAM INFRASTRUCTURE 

15 GRANT PROGRAM. 

16 In addition to any other funds made available, there 

17 is appropriated to the Secretary of Agriculture, out of 

18 funds of the Treasury not otherwise appropriated, 

19 $15,000,000 for each of fiscal years 2009 and 2010 to 

20 carry out the emergency food program infrastructure 

21 grant program established under section 209 of the Emer22 gency Food Assistance Act of 1983 (7 U.S.C. 7511a). 


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1 SEC. 204. SPECIAL SUPPLEMENTAL NUTRITION PROGRAM 

2 FOR WOMEN, INFANTS, AND CHILDREN. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law and in addition to any other funds made avail5 able, not later than 30 days after the date of enactment 

6 of this Act, out of any funds in the Treasury not otherwise 

7 appropriated, the Secretary of the Treasury shall transfer 

8 to the Secretary of Agriculture for the cost of carrying 

9 out the special supplemental nutrition program for 

10 women, infants, and children established by section 17 of 

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

12 $445,000,000 for fiscal year 2009, to remain available 

13 until September 30, 2010. 

14 (b) RECEIPT AND ACCEPTANCE.—The Secretary of 

15 Agriculture shall be entitled to receive, shall accept, and 

16 shall use to carry out that section the funds transferred 

17 under subsection (a), without further appropriation. 

18 TITLE III—RURAL HOUSING 

19 SEC. 301. DOUG BEREUTER SECTION 502 SINGLE FAMILY 

20 HOUSING LOAN GUARANTEE PROGRAM. 

21 Of the funds of the Commodity Credit Corporation, 

22 the Secretary of Agriculture shall use— 

23 (1) such sums as are necessary for the Sec24 retary to make— 


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1 (A) $4,000,000,000 in direct loans under 

2 section 502(h) of the Housing Act of 1949 (42 

3 U.S.C. 1472(h)); and 

4 (B) $18,000,000,000 in unsubsidized guar5 anteed loans under that subsection; and 

6 (2) $500,000,000 for the costs of making direct 

7 loans and unsubsidized guaranteed loans under 

8 paragraph (1). 

9 TITLE IV—RURAL HEALTH 

10 SEC. 401. NATIONAL HEALTH SERVICE CORPS PROGRAMS. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law and in addition to any other funds made avail13 able, not later than 30 days after the date of enactment 

14 of this Act, out of any funds in the Treasury not otherwise 

15 appropriated, the Secretary of the Treasury shall transfer 

16 to the Secretary of Health and Human Services, for use 

17 in carrying out the projects under the National Health 

18 Service Corps programs under subparts II and III of title 

19 III of the Public Health Service Act (42 U.S.C. 254d et 

20 seq. and 42 U.S.C. 254l et seq.) for each of the fiscal years 

21 2009 and 2010, $300,000,000, to remain available until 

22 September 30, 2010. 

23 (b) RECEIPT AND ACCEPTANCE.—The Secretary of 

24 Health and Human Services shall be entitled to receive, 

25 shall accept, and shall use to carry out this section the 


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1 funds transferred under subsection (a), without further 

2 appropriation. 

3 SEC. 402. IMPROVED ACCESS TO AMBULANCE SERVICES. 

4 (a) EXTENSION OF INCREASED MEDICARE PAY5 MENTS FOR CERTAIN GROUND AMBULANCE SERVICES.— 

6 Section 1834(l)(13)(A) of the Social Security Act (42 

7 U.S.C. 1395m(l)(13)(A)) is amended— 

8 (1) in the matter preceding clause (i)— 

9 (A) by striking ‘‘2007, and for’’ and in10 serting ‘‘2007, for’’; and 

11 (B) by inserting ‘‘, and for such services 

12 described in clause (i) furnished on or after 

13 January 1, 2010, and before January 1, 2011’’ 

14 after ‘‘2010’’; and 

15 (2) in clause (i), by striking ‘‘and before Janu16 ary 1, 2010’’ and inserting ‘‘and before January 1, 

17 2009, or 6 percent if such service is furnished on or 

18 after January 1, 2009, and before January 1, 2011’’ 

19 after ‘‘2010’’. 

20 (b) EXTENSION OF ASSISTANCE FOR RURAL PRO21 VIDERS FURNISHING SERVICES IN LOW POPULATION

22 DENSITY AREAS.—Section 1834(l)(12)(A) of the Social 

23 Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended by 

24 striking ‘‘January 1, 2010’’ and inserting ‘‘January 1, 

25 2011’’. 


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1 SEC. 403. APPLYING RURAL HOME HEALTH ADD-ON POLICY 

2 FOR 2009 AND 2010. 

3 Section 421(a) of the Medicare Prescription Drug, 

4 Improvement, and Modernization Act of 2003 (Public Law 

5 108–173; 117 Stat. 2283), as amended by section 5201(b) 

6 of the Deficit Reduction Act of 2005 (Public Law 109– 

7 171; 120 Stat. 46), is amended— 

8 (1) by striking ‘‘, and episodes’’ and inserting 

9 ‘‘, episodes’’; and 

10 (2) by inserting ‘‘and episodes and visits ending 

11 on or after January 1, 2009, and before January 1, 

12 2011,’’ after ‘‘January 1, 2007,’’. 

13 SEC. 404. EXTENSION OF THE RECLASSIFICATION OF CER14 TAIN HOSPITALS. 

15 Subsection (a) of section 106 of division B of the Tax 

16 Relief and Health Care Act of 2006 (42 U.S.C. 1395 

17 note), as amended by section 117 of the Medicare, Med18 icaid, and SCHIP Extension Act of 2007 (Public Law 

19 110–173) and section 124 of the Medicare Improvements 

20 for Patients and Providers Act of 2008 (Public Law 110– 

21 275), is amended by striking ‘‘September 30, 2009’’ and 

22 inserting ‘‘September 30, 2010’’. 


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1 TITLE V—EMERGENCY 

2 DESIGNATION 

3 SEC. 501. EMERGENCY DESIGNATION. 

4 For purposes of Senate enforcement, the amounts 

5 made available under this Act are designated as emer6 gency requirements and necessary to meet emergency 

7 needs pursuant to section 204 of S. Con. Res. 21 (110th 

8 Congress), the concurrent resolution on the budget for fis9 cal year 2008. 

Æ 


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