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 
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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 
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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 
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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. 
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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’’— 
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(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. 
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(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-
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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-
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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. 
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(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; 
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(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; 
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(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 
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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. 
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(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— 
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(A) the LEED Green Building Rating Sys-
tem; 
(B) Energy Star; 
(C) the CHPS Criteria; 
(D) Green Globes; or 
(E) an equivalent program adopted by the 
State or another jurisdiction with authority over 
the local educational agency. 
(2) TECHNICAL
ASSISTANCE.—The Secretary, 
in consultation with the Secretary of Energy and the 
Administrator of the Environmental Protection 
Agency, shall provide outreach and technical assist-
ance to States and school districts concerning the 
best practices in school modernization, renovation, 
and repair, including those related to student aca-
demic achievement and student and staff health, en-
ergy efficiency, and environmental protection. 
(l) REPORTING.— 
(1) REPORTS BY LOCAL EDUCATIONAL AGEN-
CIES.—Local educational agencies receiving a grant 
under this section shall compile, and submit to the 
State educational agency (which shall compile and 
submit such reports to the Secretary), a report de-
scribing the projects for which such funds were used, 
including— 
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(A) the number of public schools in the 
agency, including the number of charter 
schools; 
(B) the total amount of funds received by 
the local educational agency under this section 
and the amount of such funds expended, includ-
ing the amount expended for modernization, 
renovation, and repair of charter schools; 
(C) the number of public schools in the 
agency with a metro-centric locale code of 41, 
42, or 43 as determined by the National Center 
for Education Statistics and the percentage of 
funds received by the agency under this section 
that were used for projects at such schools; 
(D) the number of public schools in the 
agency that are eligible for schoolwide programs 
under section 1114 of the Elementary and Sec-
ondary Education Act of 1965 and the percent-
age of funds received by the agency under this 
section that were used for projects at such 
schools; 
(E) the cost of each project, which, if any, 
of the standards described in subsection (k)(1) 
the project met, and any demonstrable or ex-
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pected academic, energy, or environmental ben-
efits as a result of the project; 
(F) if flooring was installed, whether— 
(i) it was low- or no-VOC (Volatile 
Organic Compounds) flooring; 
(ii) it was made from sustainable ma-
terials; and 
(iii) use of flooring described in clause 
(i) or (ii) was cost effective; and 
(G) the total number and amount of con-
tracts awarded, and the number and amount of 
contracts awarded to local, small, minority- 
owned, women-owned, and veteran-owned busi-
nesses. 
(2) REPORTS BY SECRETARY.—Not later than 
December 31, 2010, the Secretary of Education 
shall submit to the Committees on Education and 
Labor and Appropriations of the House of Rep-
resentatives and the Committees on Health, Edu-
cation, Labor, and Pensions and Appropriations of 
the Senate a report on grants made under this sec-
tion, including the information described in para-
graph (1), the types of modernization, renovation, 
and repair funded, and the number of students im-
pacted, including the number of students counted 
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under section 1113(a)(5) of the Elementary and 
Secondary Education Act of 1965. 
CHAPTER 5—HOUSING 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
PUBLIC AND INDIAN HOUSING 
PUBLIC HOUSING CAPITAL FUND 
For an additional amount for the ‘‘Public Housing 
Capital Fund’’ to carry out capital and management ac-
tivities for public housing agencies, as authorized under 
section 9 of the United States Housing Act of 1937 (42 
U.S.C. 1437g), $1,000,000,000, to remain available until 
September 30, 2009: Provided, That this additional 
amount shall be allocated to public housing agencies ac-
cording to the same funding formula used for other 
amounts already made available in fiscal year 2008, and 
not later than 120 days after enactment of this Act: Pro-
vided further, That in selecting projects to be funded, pub-
lic housing agencies shall give priority to capital projects 
for which contract awards based on competitive bids can 
be executed within 120 days of enactment of this Act. 
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CHAPTER 6—ENERGY DEVELOPMENT 
DEPARTMENT OF ENERGY 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For an additional amount for ‘‘Energy Efficiency and 
Renewable Energy’’, $500,000,000, to remain available 
until September 30, 2009: Provided, That funds shall be 
available for expenses necessary for energy efficiency and 
renewable energy research and development and dem-
onstration activities to accelerate the development of tech-
nologies that will diversify the nation’s energy portfolio 
and contribute to a reliable, domestic energy supply. 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For an additional amount for ‘‘Electricity Delivery 
and Energy Reliability’’, $100,000,000, to remain avail-
able until September 30, 2009: Provided, That funds shall 
be available for expenses necessary for electricity delivery 
and energy reliability activities to modernize the electric 
grid, enhance security and reliability of the energy infra-
structure, and facilitate recovery from disruptions to the 
energy supply. 
ADVANCED BATTERY LOAN GUARANTEE PROGRAM 
ACCOUNT 
For the cost of guaranteed loans as authorized by 
section 135 of the Energy Independence and Security Act 
of 2007 (Public Law 110–140; 42 U.S.C. 17012), 
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$1,000,000,000 to remain available until expended: Pro-
vided, That of such amount, $5,000,000 shall be used for 
administrative expenses in carrying out the guaranteed 
loan program: Provided further, That commitments for 
guaranteed loans using such amount shall not exceed 
$3,333,000,000 in total loan principal: Provided further, 
That the cost of such loans, including the cost of modi-
fying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974. 
TITLE II—UNEMPLOYMENT COMPENSATION 
AND JOB TRAINING 
CHAPTER 1—EXTENSION OF UNEMPLOYMENT 
COMPENSATION 
ADDITIONAL FIRST-TIER BENEFITS 
SEC. 2101. 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’’. 
SECOND-TIER BENEFITS 
SEC. 2102. Section 4002 of the Supplemental Appro-
priations Act, 2008 (26 U.S.C. 3304 note) is amended by 
adding at the end the following: 
‘‘(c) SPECIAL RULE.— 
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‘‘(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— 
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‘‘(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 wheth-
er 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 require-
ment 
under 
paragraph 
(1)(A)(ii) 
thereof. 
‘‘(3) LIMITATION.—The account of an indi-
vidual may be augmented not more than once under 
this subsection.’’. 
PHASEOUT PROVISIONS 
SEC. 2103. Section 4007(b) of the Supplemental Ap-
propriations Act, 2008 (26 U.S.C. 3304 note) is amend-
ed— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2),’’ and inserting ‘‘paragraphs (2) and (3),’’; and 
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(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 indi-
vidual’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 August 27, 2009.’’. 
EFFECTIVE DATE 
SEC. 2104. (a) IN GENERAL.—The amendments 
made by this chapter shall apply as if included in the en-
actment of the Supplemental Appropriations Act, 2008, 
subject to subsection (b). 
(b) ADDITIONAL BENEFITS.—In applying the amend-
ments made by sections 2101 and 2102, 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. 
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CHAPTER 2—JOB TRAINING 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
For an additional amount for ‘‘Training and Employ-
ment Services’’ for activities under the Workforce Invest-
ment Act of 1998, $400,000,000, to remain available 
through June 30, 2009, of which $200,000,000 is for 
grants to the States for dislocated worker employment and 
training activities and $200,000,000 is for grants to the 
States for youth activities: Provided, That no portion of 
such funds shall be reserved to carry out section 
127(b)(1)(A) or section 128(a) of such Act: Provided fur-
ther, That the work readiness performance indicator de-
scribed in section 136(b)(2)(A)(ii)(I) of such Act shall be 
the only measure of performance used to assess the effec-
tiveness of youth activities provided with such funds: Pro-
vided further, That, with respect to the youth activities 
provided with such funds, section 101(13)(A) of such Act 
shall be applied by substituting ‘‘age 24’’ for ‘‘age 21’’. 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 
SERVICE OPERATIONS 
For an additional amount for ‘‘State Unemployment 
Insurance and Employment Service Operations’’ for 
grants to the States for reemployment services in accord-
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ance with section 6 of the Wagner-Peyser Act, 
$100,000,000, which may be expended from the Employ-
ment Security Administration Account in the Unemploy-
ment Trust Fund, and which shall remain available 
through September 30, 2009: Provided, That, with respect 
to such funds, section 6(b)(1) of such Act shall be applied 
by substituting ‘‘one-third’’ for ‘‘two-thirds’’ in subpara-
graph (A), with the remaining one-third of the sums to 
be allotted in accordance with section 132(b)(2)(B)(ii)(III) 
of the Workforce Investment Act of 1998. 
TITLE III—TEMPORARY INCREASE IN 
MEDICAID MATCHING RATE 
TEMPORARY INCREASE OF MEDICAID FMAP FOR 14 
MONTHS 
SEC. 3001. (a) PERMITTING MAINTENANCE OF FIS-
CAL YEAR 2008 OR 2009 FMAP.—Subject to subsections 
(d), (e), and (f), if the FMAP determined without regard 
to this section for a State for— 
(1) 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; or 
(2) fiscal year 2010 is less than the FMAP as 
so determined for fiscal year 2009, the FMAP for 
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the State for fiscal year 2009 shall be substituted 
for the State’s FMAP for fiscal year 2010, before 
the application of this section, but only for the por-
tion of the first calendar quarter in fiscal year 2010 
before December 1, 2009. 
(b) GENERAL 1 PERCENTAGE POINT INCREASE.— 
(1) IN GENERAL.—Subject to subsections (d), 
(e), and (f), for each State for fiscal year 2009 and 
the portion of the first calendar quarter in fiscal 
year 2010 before December 1, 2009, the FMAP 
(taking into account the application of subsection (a) 
and before the application of subsection (c)) shall be 
increased by 1 percentage point. 
(2) INCREASE IN CAP ON MEDICAID PAYMENTS 
TO TERRITORIES.—Subject to subsections (e) and 
(f), with respect to fiscal year 2009 and with respect 
to fiscal year 2010 in proportion to the portion of 
the fiscal year that occurs during the first calendar 
quarter before December 1, 2009, the amounts oth-
erwise determined for Puerto Rico, the Virgin Is-
lands, 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 4 percent. 
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(c) ADDITIONAL PERCENTAGE POINTS INCREASE 
FOR QUALIFYING STATES.— 
(1) IN GENERAL.—Subject to subsections (d), 
(e), and (f), in the case of a State that is 1 of the 
50 States or the District of Columbia, if the State 
is awarded a total of— 
(A) 3 or more points under paragraph (2) 
for a calendar quarter in fiscal year 2009 or for 
the first calendar quarter in fiscal year 2010, 
then for that calendar quarter or, in the case 
the State is awarded such points for the cal-
endar quarter in fiscal year 2010, for the por-
tion of such quarter before December 1, 2009, 
(and each succeeding calendar quarter, if any, 
in fiscal year 2009 and the portion of the first 
calendar quarter in fiscal year 2010 before De-
cember 1, 2009) the FMAP (taking into ac-
count the application of subsections (a) and 
(b)(1)) shall be further increased by 3 percent-
age points; or 
(B) 2 points under paragraph (2) for a 
calendar quarter in fiscal year 2009 or in the 
first calendar quarter in fiscal year 2010 and 
has not been awarded 3 or more points under 
such paragraph for a previous calendar quarter 
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in fiscal year 2009, then for that calendar quar-
ter or, in the case the State is awarded such 
points for the calendar quarter in fiscal year 
2010, for the portion of such quarter before 
December 1, 2009, (and each succeeding cal-
endar quarter, if any, in fiscal year 2009 and 
the portion of the first calendar quarter in fis-
cal year 2010 before December 1, 2009) the 
FMAP (taking into account the application of 
subsections (a) and (b)(1)) shall be further in-
creased by 1 percentage point. 
(2) AWARDING OF POINTS BASED ON QUALI-
FYING CRITERIA.—For purposes of paragraph (1), 
each State shall be awarded points for a calendar 
quarter equal to the total of the points awarded 
under each of the following subparagraphs: 
(A) REDUCTION IN EMPLOYMENT.— 
(i) IN
GENERAL.—A State shall be 
awarded under this subparagraph— 
(I) 2 points if the State’s employ-
ment for the quarter decreased or if 
such employment for the quarter in-
creased but by not more than 0.25 
percent; or 
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(II) 1 point if the State’s employ-
ment for the quarter increased by 
more than 0.25 percent but by less 
than 2.0 percent. 
(ii) 
MEASUREMENT
OF
EMPLOY-
MENT.—For purposes of clause (i), an in-
crease or decrease in a State’s employment 
for a quarter shall be measured by com-
paring— 
(I) the average total nonfarm em-
ployment for the State in the 3 most 
recent months, as determined based 
on the most recent monthly publica-
tions of the Current Employer Statis-
tics Survey of the Bureau of Labor 
Statistics available as of the first day 
of the quarter; to 
(II) the average total nonfarm 
employment for the State in the same 
months two years earlier, as so deter-
mined. 
(B) INCREASE IN FOOD STAMPS OR SUP-
PLEMENTAL NUTRITION ASSISTANCE PROGRAM 
PARTICIPATION.— 
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(i) IN
GENERAL.—A State shall be 
awarded under this subparagraph 1 point 
if the State’s food stamp or Supplemental 
Nutrition Assistance Program participation 
for the quarter increased by more than 4 
percent. 
(ii) FOOD STAMP OR SUPPLEMENTAL 
NUTRITION ASSISTANCE PROGRAM PARTICI-
PATION.—For purposes of clause (i), an in-
crease in a State’s food stamp or Supple-
mental Nutrition Assistance Program par-
ticipation for a quarter shall be measured 
by comparing— 
(I) the average monthly partici-
pation by persons in food stamps or 
the Supplemental Nutrition Assist-
ance Program under the Food and 
Nutrition Act of 2008 (7 U.S.C. 2011 
et seq.) for the State in the 3 most re-
cent months, as determined based on 
the most recent monthly publications 
of Food and Nutrition Service Data of 
the Department of Agriculture avail-
able as of the first day of the quarter, 
adjusted for participation in disaster 
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programs under section 5(h) of the 
Food and Nutrition Act of 2008 (7. 
U.S.C. 2014(h)); to 
(II) the average monthly partici-
pation by persons in food stamps or 
the Supplemental Nutrition Assist-
ance Program for the State in the 
same months two years earlier, as so 
determined. 
(C) INCREASE IN FORECLOSURES.— 
(i) IN
GENERAL.—A State shall be 
awarded under this subparagraph — 
(I) 2 points if the State’s fore-
closure rate for the quarter increased 
by greater than 200 percent; or 
(II) 1 point if the State’s fore-
closure rate increased by greater than 
60 percent, but not more than 200 
percent. 
(ii) FORECLOSURE
RATE.—For pur-
poses of clause (i), an increase in a State’s 
foreclosure rate for a quarter shall be 
measured by comparing— 
(I) the percentage of total mort-
gages in foreclosure for the State for 
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the most recent quarter, as deter-
mined by the Board of Governors of 
the Federal Reserve System based on 
the most recent satisfactory data 
available to such Board available as of 
the first day of the quarter; to 
(II) such percentage for the 
State for the same quarter two years 
earlier, as so determined. 
(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 (b)(1) or (c), or an increase in a 
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cap amount under subsection (b)(2), if eligibility 
standards, methodologies, or procedures under its 
State plan under title XIX of the Social Security Act 
(including any waiver under such title or under sec-
tion 1115 of such Act (42 U.S.C. 1315)) are more 
restrictive than the eligibility standards, methodolo-
gies, or procedures, respectively, under such plan (or 
waiver) as in effect on July 1, 2008. 
(2) STATE
REINSTATEMENT
OF
ELIGIBILITY 
PERMITTED.—A State that has restricted eligibility 
standards, methodologies, or procedures under its 
State plan under title XIX of the Social Security Act 
(including any waiver under such title or under sec-
tion 1115 of such Act (42 U.S.C. 1315)) after July 
1, 2008, is no longer ineligible under paragraph (1) 
beginning with the first calendar quarter in which 
the State has reinstated eligibility standards, meth-
odologies, or procedures that are no more restrictive 
than the eligibility standards, methodologies, or pro-
cedures, respectively, under such plan (or waiver) as 
in effect on July 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 
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of the Social Security Act (42 U.S.C. 1396 et seq.) 
(including any waiver under such title or under sec-
tion 1115 of such Act (42 U.S.C. 1315)). 
(f) 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 in-
crease in its FMAP under subsection (b)(1) or (c), or an 
increase in a cap amount under subsection (b)(2), if it 
requires that such political subdivisions pay a greater per-
centage of the non-Federal share of such expenditures for 
fiscal year 2009, than the percentage that would have been 
required by the State under such plan on September 30, 
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 mean-
ing given such term for purposes of title XIX of the 
Social Security Act (42 U.S.C. 1396 et seq.). 
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(h) REPEAL.—Effective as of October 1, 2010, this 
section is repealed. 
ADJUSTMENT IN COMPUTATION OF MEDICAID FMAP TO 
DISREGARD
AN
EXTRAORDINARY
EMPLOYER
PEN-
SION CONTRIBUTION 
SEC. 3002. (a) IN GENERAL.—Only for purposes of 
computing the FMAP (as defined in subsection (e)) for 
a State for a fiscal year (beginning with fiscal year 2006) 
and applying the FMAP under title XIX of the Social Se-
curity Act, any significantly disproportionate employer 
pension or insurance fund contribution described in sub-
section (b) shall be disregarded in computing the per cap-
ita income of such State, but shall not be disregarded in 
computing the per capita income for the continental 
United States (and Alaska) and Hawaii. 
(b) SIGNIFICANTLY DISPROPORTIONATE EMPLOYER 
PENSION AND INSURANCE FUND CONTRIBUTION.— 
(1) IN GENERAL.—For purposes of this section, 
a significantly disproportionate employer pension 
and insurance fund contribution described in this 
subsection with respect to a State is any identifiable 
employer contribution towards pension or other em-
ployee insurance funds that is estimated to accrue to 
residents of such State for a calendar year (begin-
ning with calendar year 2003) if the increase in the 
amount so estimated exceeds 25 percent of the total 
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increase in personal income in that State for the 
year involved. 
(2) DATA TO BE USED.—For estimating and 
adjusting a FMAP already calculated as of the date 
of the enactment of this Act for a State with a sig-
nificantly disproportionate employer pension and in-
surance fund contribution, the Secretary of Health 
and Human Services shall use the personal income 
data set originally used in calculating such FMAP. 
(3) SPECIAL
ADJUSTMENT
FOR
NEGATIVE 
GROWTH.—If in any calendar year the total personal 
income growth in a State is negative, an employer 
pension and insurance fund contribution for the pur-
poses of calculating the State’s FMAP for a cal-
endar year shall not exceed 125 percent of the 
amount of such contribution for the previous cal-
endar year for the State. 
(c) HOLD HARMLESS.—No State shall have its 
FMAP for a fiscal year reduced as a result of the applica-
tion of this section. 
(d) REPORT.—Not later than 3 months after the date 
of the enactment of this Act, the Secretary of Health and 
Human Services shall submit to Congress a report on the 
problems presented by the current treatment of pension 
and insurance fund contributions in the use of Bureau of 
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Economic Affairs calculations for the FMAP and for Med-
icaid and on possible alternative methodologies to mitigate 
such problems. 
(e) FMAP DEFINED.—For purposes of this section, 
the term ‘‘FMAP’’ means the Federal medical assistance 
percentage, as defined in section 1905(b) of the Social Se-
curity Act (42 U.S.C. 1396(d)). 
TITLE IV—TEMPORARY INCREASE IN FOOD 
ASSISTANCE 
TEMPORARY INCREASE IN BENEFITS UNDER THE 
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 
SEC. 4001. (a) MAXIMUM BENEFIT INCREASE.— 
(1) IN GENERAL.—Beginning the first month 
that begins not less than 25 days after the date of 
enactment of this Act, the value of benefits deter-
mined under section 8(a) of the Food and Nutrition 
Act of 2008 and consolidated block grants for Puer-
to Rico and American Samoa determined under sec-
tion 19(a) of such Act shall be calculated using 105 
percent of the June 2008 value of the thrifty food 
plan as specified under section 3(o) of such Act. 
(2) TERMINATION.—The authority provided by 
this subsection shall terminate after September 30, 
2009. 
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(b) REQUIREMENTS FOR THE SECRETARY.—In car-
rying out this section, the Secretary shall— 
(1) consider the benefit increases 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 de-
scribed in that section; and 
(4) have the authority to take such measures as 
necessary to ensure the efficient administration of 
the benefits provided in this section. 
(c) STATE ADMINISTRATIVE EXPENSES.— 
(1) IN GENERAL.—For the costs of State ad-
ministrative expenses associated with carrying out 
this section, the Secretary shall make available 
$50,000,000. 
(2) AVAILABILITY OF FUNDS.—Funds described 
in paragraph (1) shall be made available as grants 
to State agencies based on each State’s share of 
households that participate in the Supplemental Nu-
trition Assistance Program as reported to the De-
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partment of Agriculture for the 12-month period 
ending with June, 2008. 
(d) FUNDING.—There is appropriated to the Sec-
retary of Agriculture such sums as are necessary to carry 
out this section. 
TITLE V—GENERAL PROVISIONS 
SHORT TITLE 
SEC. 5001. This Act may be cited as the ‘‘Job Cre-
ation and Unemployment Relief Act of 2008’’. 
PROHIBITION 
SEC. 5002. Notwithstanding any other provision of 
this Act, none of the funds made available in this Act may 
be used to employ workers in violation of section 274A 
of the Immigration and Nationality Act (8 U.S.C. 1324a). 
EMERGENCY DESIGNATION 
SEC. 5003. Each amount in each title of 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 resolu-
tions on the budget for fiscal years 2008 and 2009. 
SUPPLEMENTAL APPROPRIATIONS 
SEC. 5004. Unless otherwise expressly provided, each 
amount in this Act is made available in addition to 
amounts otherwise available for fiscal year 2009. 
Æ 
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