II 
Calendar No. 124 
110TH CONGRESS 
2D SESSION 
H. R. 7110 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 26 (legislative day, SEPTEMBER 17), 2008 
Received 
NOVEMBER 17 (legislative day, SEPTEMBER 17), 2008 
Read the first time 
NOVEMBER 18, 2008 
Read the second time and placed on the calendar under authority of the order 
of the Senate of November 17 (legislative day, September 17), 2008 
AN ACT 
Making supplemental appropriations for job creation and 
preservation, infrastructure investment, and economic 
and energy assistance for the fiscal year ending Sep-
tember 30, 2009, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2009, and for other pur-
poses, namely: 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
TITLE I—INFRASTRUCTURE INVESTMENTS 
CHAPTER 1—TRANSPORTATION 
DEPARTMENT OF TRANSPORTATION 
FEDERAL AVIATION ADMINISTRATION 
GRANTS-IN-AID FOR AIRPORTS 
(AIRPORT AND AIRWAY TRUST FUND) 
For an additional amount for ‘‘Grants-in-Aid for Air-
ports’’, to enable the Secretary of Transportation to make 
discretionary grants as authorized by subchapter I of 
chapter 471 and subchapter I of chapter 475 of title 49, 
United States Code, $600,000,000, to be derived from the 
Airport and Airway Trust Fund and to remain available 
until September 30, 2009: Provided, That in selecting 
projects to be funded, priority shall be given to airport 
projects that can award contracts based on bids within 
120 days of enactment of this Act. 
FEDERAL HIGHWAY ADMINISTRATION 
HIGHWAY INFRASTRUCTURE INVESTMENT 
For projects and activities eligible under section 133 
of title 23, United States Code (without regard to sub-
section (d)), section 144 of such title (without regard to 
subsection (g)), and sections 103, 119, 148, and 149 of 
such title, $12,800,000,000, to remain available until Sep-
tember 30, 2009: Provided, That funds made available 
under this heading shall be distributed among the States, 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
including Puerto Rico, American Samoa, Guam, the Vir-
gin Islands, and the Commonwealth of the Northern Mar-
iana Islands, in the same ratio as the obligation limitation 
for fiscal year 2008 was distributed among the States in 
accordance with the formula specified in section 120(a)(6) 
of division K of Public Law 110–161, but, in the case of 
the Puerto Rico Highway Program and the Territorial 
Highway Program, under section 120(a)(5) of such divi-
sion: Provided further, That in selecting projects to be 
funded, priority shall be given to ready-to-go projects that 
can award bids within 120 days of enactment of this Act: 
Provided further, That funds made available under this 
heading shall be administered as if apportioned under 
chapter 1 of title 23, United States Code: Provided further, 
That the Federal share payable on account of any project 
or activity carried out with funds made available under 
this heading shall be 100 percent of the total cost thereof: 
Provided further, That amounts made available under this 
heading that are not obligated within 180 days after the 
date of enactment of this Act shall be redistributed, in 
the manner described in section 120(c) of division K of 
Public Law 110–161, to those States able to obligate 
amounts in addition to those previously distributed: Pro-
vided further, That the amount made available under this 
heading shall not be subject to any limitation on obliga-
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
tions for Federal-aid highways or highway safety construc-
tion programs set forth in any Act. 
FEDERAL RAILROAD ADMINISTRATION 
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL 
RAILROAD PASSENGER CORPORATION 
For an additional amount for ‘‘Capital and Debt 
Service Grants to the National Railroad Passenger Cor-
poration’’, $500,000,000, to remain available until Sep-
tember 30, 2009: Provided, That the Secretary of Trans-
portation may retain up to one-quarter of 1 percent of 
the funds made available under this heading to fund the 
oversight by the Federal Railroad Administration of the 
design and implementation of capital projects funded by 
grants made under this heading: Provided further, That 
none of the funds made available under this heading may 
be used to subsidize operating losses of Amtrak: Provided 
further, That none of the funds made available under this 
heading shall be for debt service obligations: Provided fur-
ther, That in selecting projects to be funded, priority shall 
be given to Amtrak capital projects that can award con-
tracts based on bids within 120 days of enactment of this 
Act. 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
FEDERAL TRANSIT ADMINISTRATION 
TRANSIT CAPITAL ASSISTANCE 
For 
transit 
capital 
assistance 
grants, 
$3,600,000,000, to remain available until September 30, 
2009, of which $3,240,000,000 shall be for grants under 
section 5307 of title 49, United States Code and shall be 
apportioned in accordance with section 5336 of such title 
(other than subsections (i)(1) and (j)) but may not be 
combined or commingled with any other funds apportioned 
under such section 5336, and of which $360,000,000 shall 
be for grants under section 5311 of such title and shall 
be apportioned in accordance with such section 5311 but 
may not be combined or commingled with any other funds 
apportioned under that section: Provided, That in select-
ing projects to be funded, priority shall be given to 
projects that can award contracts based on bids within 
120 days of enactment of this Act: Provided further, That 
the Federal share of the costs for which a grant is made 
under this heading shall be 100 percent. 
TRANSIT ENERGY ASSISTANCE GRANTS 
For 
transit 
energy 
assistance 
grants, 
$1,000,000,000, to remain available until September 30, 
2009, of which $800,000,000 shall be for grants under 
section 5307 of title 49, United States Code and shall be 
apportioned in accordance with section 5336 of such title 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
(other than subsections (i)(1) and (j)) but may not be 
combined or commingled with any other funds apportioned 
under such section 5336, and of which $200,000,000 shall 
be for grants under section 5311 of such title and shall 
be apportioned in accordance with such section 5311 but 
may not be combined or commingled with any other funds 
apportioned under that section: Provided, That the Fed-
eral share of the costs for which a grant is made under 
this heading shall be 100 percent: Provided further, That 
notwithstanding such sections 5307 and 5311, funds ap-
propriated under this heading are available for only one 
or more of the following purposes: 
(1) If the recipient of the grant is reducing, or 
certifies to the Secretary of Transportation within 
the time the Secretary prescribes that, during the 
term of the grant, the recipient will reduce, one or 
more fares the recipient charges for public transpor-
tation, or in the case of subsection (f) of such sec-
tion 5311, intercity bus service, those operating 
costs of equipment and facilities being used to pro-
vide the public transportation, or in the case of sub-
section (f) of such section 5311, intercity bus serv-
ice, that the recipient is no longer able to pay from 
the revenues derived from such fare or fares as a re-
sult of such reduction. 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
(2) If the recipient of the grant is expanding, 
or certifies to the Secretary within the time the Sec-
retary prescribes that, during the term of the grant, 
the recipient will expand, public transportation serv-
ice, or in the case of subsection (f) of such section 
5311, intercity bus service, those operating and cap-
ital costs of equipment and facilities being used to 
provide the public transportation service, or in the 
case of subsection (f) of such section 5311, intercity 
bus service, that the recipient incurs as a result of 
the expansion of such service. 
(3) To avoid increases in fares for public trans-
portation, or in the case of subsection (f) of such 
section 5311, intercity bus service, or decreases in 
current public transportation service, or in the case 
of subsection (f) of such section 5311, intercity bus 
service, that would otherwise result from an increase 
in costs to the public transportation or intercity bus 
agency for transportation-related fuel or meeting ad-
ditional transportation-related equipment or facility 
maintenance needs, if the recipient of the grant cer-
tifies to the Secretary within the time the Secretary 
prescribes that, during the term of the grant, the re-
cipient will not increase the fares that the recipient 
charges for public transportation, or in the case of 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
subsection (f) of such section 5311, intercity bus 
service, or, will not decrease the public transpor-
tation service, or in the case of subsection (f) of 
such section 5311, intercity bus service, that the re-
cipient provides. 
(4) If the recipient of the grant is acquiring, or 
certifies to the Secretary within the time the Sec-
retary prescribes that, during the term of the grant, 
the recipient will acquire, clean fuel or alternative 
fuel vehicle-related equipment or facilities for the 
purpose of improving fuel efficiency, the costs of ac-
quiring the equipment or facilities. 
(5) If the recipient of the grant is establishing 
or expanding, or certifies to the Secretary within the 
time the Secretary prescribes that, during the term 
of the grant, the recipient will establish or expand, 
commuter matching services to provide commuters 
with information and assistance about alternatives 
to single occupancy vehicle use, those administrative 
costs in establishing or expanding such services. 
CHAPTER 2—CLEAN WATER 
ENVIRONMENTAL PROTECTION AGENCY 
STATE AND TRIBAL ASSISTANCE GRANTS 
For an additional amount for ‘‘State and Tribal As-
sistance Grants’’, $7,500,000,000, to remain available 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
until September 30, 2009, for capitalization grants for 
State revolving funds, which shall be used as follows: 
(1) $6,500,000,000 shall be for making capital-
ization grants for the Clean Water State Revolving 
Funds under title VI of the Federal Water Pollution 
Control Act, except that the funds shall not be sub-
ject to the state matching requirements in para-
graphs (2) and (3) of section 602(b) of such Act. 
(2) $1,000,000,000 shall be for capitalization 
grants for the Drinking Water State Revolving 
Funds under section 1452 of the Safe Drinking 
Water Act, except that the funds shall not be subject 
to the state matching requirements of section 
1452(e) of such Act: 
Provided, That a State shall agree to enter into binding 
commitments with the funds appropriated under this 
heading no later than 120 days after the date on which 
the State receives the funds: Provided further, That, not-
withstanding the limitation on amounts specified in sec-
tion 518(c) of the Federal Water Pollution Control Act, 
up to a total of 1.5 percent of the funds made available 
under paragraph (1) of this heading may be reserved by 
the Administrator of the Environmental Protection Agen-
cy for grants under section 518(c) of such Act: Provided 
further, That section 1452(k) of the Safe Drinking Water 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
Act shall not apply to amounts made available under this 
heading. 
CHAPTER 3—FLOOD CONTROL AND WATER 
RESOURCES 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, 
$2,500,000,000, to remain available until September 30, 
2010: Provided, That funds appropriated under this head-
ing shall not be derived from the Inland Waterways Trust 
Fund: Provided further, That the Corps of Engineers is 
directed to prioritize funding for activities based on the 
ability to accelerate existing contracts or fully fund project 
elements and contracts for such elements in a time period 
of 2 years after the date of enactment of this Act and 
to give preference to those activities that are labor inten-
sive. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For an additional amount for ‘‘Mississippi River and 
Tributaries’’, $500,000,000, to remain available until Sep-
tember 30, 2010: Provided, That the Corps of Engineers 
is directed to prioritize funding for activities based on the 
ability to accelerate existing contracts or fully fund project 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
elements and contracts for such elements in a time period 
of 2 years after the date of enactment of this Act and 
to give preference to those activities that are labor inten-
sive. 
OPERATION AND MAINTENANCE 
For an additional amount for ‘‘Operation and Main-
tenance’’, $2,000,000,000, to remain available until Sep-
tember 30, 2010: Provided, That the Corps of Engineers 
is directed to prioritize funding for activities based on the 
ability to accelerate existing contracts or fully fund project 
elements and contracts for such elements in a time period 
of 2 years after the date of enactment of this Act and 
to give preference to those activities that are labor inten-
sive. 
DEPARTMENT OF THE INTERIOR 
BUREAU OF RECLAMATION 
WATER AND RELATED RESOURCES 
For an additional amount for ‘‘Water and Related 
Resources’’, $300,000,000, to remain available until Sep-
tember 30, 2010: Provided, That such sums shall be used 
for capital improvement projects, including authorized 
rural water projects: Provided further, That of the amount 
appropriated under this heading, $126,000,000 shall be 
used for water reclamation and reuse projects authorized 
under title XVI of Public Law 102–575. 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
CHAPTER 4—21ST CENTURY GREEN HIGH- 
PERFORMING PUBLIC SCHOOL FACILITIES 
DEPARTMENT OF EDUCATION 
SCHOOL MODERNIZATION, RENOVATION, AND REPAIR 
For carrying out section 1401, $3,000,000,000, to re-
main available through September 30, 2009. 
GENERAL PROVISIONS, THIS CHAPTER 
SEC. 1401. (a) DEFINITIONS.—In this section: 
(1) The term ‘‘Bureau-funded school’’ has the 
meaning given to such term in section 1141 of the 
Education Amendments of 1978 (25 U.S.C. 2021). 
(2) The term ‘‘charter school’’ has the meaning 
given such term in section 5210 of the Elementary 
and Secondary Education Act of 1965. 
(3) The term ‘‘local educational agency’’— 
(A) has the meaning given to that term in 
section 9101 of the Elementary and Secondary 
Education Act of 1965, and shall also include 
the Recovery School District of Louisiana and 
the New Orleans Public Schools; and 
(B) includes any public charter school that 
constitutes a local educational agency under 
State law. 
(4) The term ‘‘outlying area’’— 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
(A) means the United States Virgin Is-
lands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands; 
and 
(B) includes the freely associated states of 
the Republic of the Marshall Islands, the Fed-
erated States of Micronesia, and the Republic 
of Palau. 
(5) The term ‘‘public school facilities’’ includes 
charter schools. 
(6) The term ‘‘State’’ means each of the 50 
States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
(7) The term ‘‘LEED Green Building Rating 
System’’ means the United States Green Building 
Council Leadership in Energy and Environmental 
Design green building rating standard referred to as 
the LEED Green Building Rating System. 
(8) The term ‘‘Energy Star’’ means the Energy 
Star program of the United States Department of 
Energy and the United States Environmental Pro-
tection Agency. 
(9) The term ‘‘CHPS Criteria’’ means the 
green building rating program developed by the Col-
laborative for High Performance Schools. 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
(10) The term ‘‘Green Globes’’ means the 
Green Building Initiative environmental design and 
rating system referred to as Green Globes. 
(b) PURPOSE.—Grants under this section shall be for 
the purpose of modernizing, renovating, or repairing pub-
lic school facilities, based on their need for such improve-
ments, to be safe, healthy, high-performing, and up-to- 
date technologically. 
(c) ALLOCATION OF FUNDS.— 
(1) RESERVATION.—From the amount appro-
priated to carry out this section, the Secretary of 
Education shall reserve 1 percent of such amount, 
consistent with the purpose described in subsection 
(b)— 
(A) to provide assistance to the outlying 
areas; and 
(B) for payments to the Secretary of the 
Interior to provide assistance to Bureau-funded 
schools. 
(2) ALLOCATION TO STATES.— 
(A) 
STATE-BY-STATE
ALLOCATION.—Of 
the amount appropriated to carry out this sec-
tion, and not reserved under paragraph (1), 
each State shall be allocated an amount in pro-
portion to the amount received by all local edu-
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
cational agencies in the State under part A of 
title I of the Elementary and Secondary Edu-
cation Act of 1965 for fiscal year 2008 relative 
to the total amount received by all local edu-
cational agencies in every State under such part 
for such fiscal year. 
(B) STATE
ADMINISTRATION.—A State 
may reserve up to 1 percent of its allocation 
under subparagraph (A) to carry out its respon-
sibilities under this section, including— 
(i) providing technical assistance to 
local educational agencies; 
(ii) developing, within 6 months of re-
ceiving its allocation under subparagraph 
(A), a plan to develop a database that in-
cludes an inventory of public school facili-
ties in the State and the modernization, 
renovation, and repair needs of, energy use 
by, and the carbon footprint of such 
schools; and 
(iii) developing a school energy effi-
ciency quality plan. 
(C) GRANTS
TO
LOCAL
EDUCATIONAL 
AGENCIES.—From the amount allocated to a 
State under subparagraph (A), each local edu-
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
cational agency in the State that meets the re-
quirements of section 1112(a) of the Elemen-
tary and Secondary Education Act of 1965 
shall receive an amount in proportion to the 
amount received by such local educational agen-
cy under part A of title I of that Act for fiscal 
year 2008 relative to the total amount received 
by all local educational agencies in the State 
under such part for such fiscal year, except that 
no local educational agency that received funds 
under part A of title I of that Act for such fis-
cal year shall receive a grant of less than 
$5,000. 
(D) SPECIAL
RULE.—Section 1122(c)(3) 
of the Elementary and Secondary Education 
Act of 1965 shall not apply to subparagraph 
(A) or (C). 
(3) SPECIAL RULES.— 
(A) DISTRIBUTIONS BY SECRETARY.—The 
Secretary of Education shall make and dis-
tribute the reservations and allocations de-
scribed in paragraphs (1) and (2) not later than 
30 days after the date of the enactment of this 
Act. 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
(B) DISTRIBUTIONS BY STATES.—A State 
shall make and distribute the allocations de-
scribed in paragraph (2)(C) within 30 days of 
receiving such funds from the Secretary. 
(d) ALLOWABLE USES
OF FUNDS.—A local edu-
cational agency receiving a grant under this section shall 
use the grant for modernization, renovation, or repair of 
public school facilities, including— 
(1) repairing, replacing, or installing roofs, in-
cluding extensive, intensive or semi-intensive green 
roofs, electrical wiring, plumbing systems, sewage 
systems, lighting systems, or components of such 
systems, windows, or doors, including security doors; 
(2) repairing, replacing, or installing heating, 
ventilation, air conditioning systems, or components 
of such systems (including insulation), including in-
door air quality assessments; 
(3) bringing public schools into compliance with 
fire, health, and safety codes, including professional 
installation of fire/life safety alarms, including mod-
ernizations, renovations, and repairs that ensure 
that schools are prepared for emergencies, such as 
improving building infrastructure to accommodate 
security measures; 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
(4) modifications necessary to make public 
school facilities accessible to comply with the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.) and section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794), except that such modifica-
tions shall not be the primary use of the grant; 
(5) asbestos or polychlorinated biphenyls abate-
ment or removal from public school facilities; 
(6) implementation of measures designed to re-
duce or eliminate human exposure to lead-based 
paint hazards through methods including interim 
controls, abatement, or a combination of each; 
(7) implementation of measures designed to re-
duce or eliminate human exposure to mold or mil-
dew; 
(8) upgrading or installing educational tech-
nology infrastructure to ensure that students have 
access to up-to-date educational technology; 
(9) modernization, renovation, or repair of 
science and engineering laboratory facilities, librar-
ies, and career and technical education facilities, in-
cluding those related to energy efficiency and renew-
able energy, and improvements to building infra-
structure to accommodate bicycle and pedestrian ac-
cess; 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
(10) renewable energy generation and heating 
systems, including solar, photovoltaic, wind, geo-
thermal, or biomass, including wood pellet, systems 
or components of such systems; 
(11) other modernization, renovation, or repair 
of public school facilities to— 
(A) improve teachers’ ability to teach and 
students’ ability to learn; 
(B) ensure the health and safety of stu-
dents and staff; 
(C) make them more energy efficient; or 
(D) reduce class size; and 
(12) required environmental remediation related 
to public school modernization, renovation, or repair 
described in paragraphs (1) through (11). 
(e) IMPERMISSIBLE USES OF FUNDS.—No funds re-
ceived under this section may be used for— 
(1) payment of maintenance costs; or 
(2) stadiums or other facilities primarily used 
for athletic contests or exhibitions or other events 
for which admission is charged to the general public. 
(f) SUPPLEMENT, NOT SUPPLANT.—A local edu-
cational agency receiving a grant under this section shall 
use such Federal funds only to supplement and not sup-
plant the amount of funds that would, in the absence of 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
such Federal funds, be available for modernization, ren-
ovation, or repair of public school facilities. 
(g) PROHIBITION REGARDING STATE AID.—A State 
shall not take into consideration payments under this sec-
tion in determining the eligibility of any local educational 
agency in that State for State aid, or the amount of State 
aid, with respect to free public education of children. 
(h) SPECIAL RULE ON CONTRACTING.—Each local 
educational agency receiving a grant under this section 
shall ensure that, if the agency carries out modernization, 
renovation, or repair through a contract, the process for 
any such contract ensures the maximum number of quali-
fied bidders, including local, small, minority, and women- 
and veteran-owned businesses, through full and open com-
petition. 
(i) SPECIAL RULE ON USE OF IRON AND STEEL PRO-
DUCED IN THE UNITED STATES.— 
(1) IN GENERAL.—A local educational agency 
shall not obligate or expend funds received under 
this section for a project for the modernization, ren-
ovation, or repair of a public school facility unless all 
of the iron and steel used in such project is pro-
duced in the United States. 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
(2) EXCEPTIONS.—The provisions of paragraph 
(1) shall not apply in any case in which the local 
educational agency finds that— 
(A) their application would be inconsistent 
with the public interest; 
(B) iron and steel are not produced in the 
United States in sufficient and reasonably 
available quantities and of a satisfactory qual-
ity; or 
(C) inclusion of iron and steel produced in 
the United States will increase the cost of the 
overall project contract by more than 25 per-
cent. 
(j) APPLICATION OF GEPA.—The grant program 
under this section is an applicable program (as that term 
is defined in section 400 of the General Education Provi-
sions Act (20 U.S.C. 1221)) subject to section 439 of such 
Act (20 U.S.C. 1232b). 
(k) GREEN SCHOOLS.— 
(1) IN GENERAL.—A local educational agency 
shall use not less than 25 percent of the funds re-
ceived under this section for public school mod-
ernization, renovation, or repairs that are certified, 
verified, or consistent with any applicable provisions 
of— 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS
HR 7110 PCS 
‘‘(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 there-
after, such individual’s State is in an extended ben-
efit 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’ al-
lowances) 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 pur-
poses 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— 
VerDate Aug 31 2005 
21:47 Nov 18, 2008
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H7110.PCS
H7110
hsrobinson on PROD1PC76 with BILLS