Economic Recovery Act of 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 3689 Placed on Calendar Senate (PCS)]

Calendar No. 122
110th CONGRESS
2d Session
S. 3689

Making supplemental appropriations for job creation and preservation,
infrastructure investment, and economic and energy assistance for the
fiscal year ending September 30, 2009, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

November 17 (legislative day, September 17), 2008

Mr. Reid (for himself and Mr. Byrd) introduced the following bill;
which was 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

_______________________________________________________________________

A BILL

Making supplemental appropriations for job creation and preservation,
infrastructure investment, and economic and energy assistance for the
fiscal year ending September 30, 2009, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2009, and for
other purposes, namely:

TITLE I

INFRASTRUCTURE, ENERGY, AND ECONOMIC RECOVERY

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Farm Service Agency

salaries and expenses

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

Rural Housing Service

rural housing insurance program account

For an additional amount for gross obligations for the principal
amount of direct and guaranteed loans as authorized by title V of the
Housing Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $171,000,000 for section 502 direct loans,
and $3,000,000,000 for section 502 unsubsidized guaranteed loans.
For an additional amount for the cost of direct and guaranteed
loans, including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, to remain available until
expended, as follows: $11,500,000 for section 502 direct loans, and
$38,100,000 for section 502 unsubsidized guaranteed loans.

rural community facilities program account

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

Rural Business--Cooperative Service

rural business program account

For an additional amount for gross obligations for the principal
amount of guaranteed loans as authorized by section 310B(a)(2)(A) of
the Consolidated Farm and Rural Development Act, to be available from
the rural business program account, as follows: $1,000,000,000 for
business and industry guaranteed loans.
For an additional amount for the cost of guaranteed loans,
including the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, to remain available until expended,
as follows: $43,500,000 for business and industry guaranteed loans.

rural business enterprise grants

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

rural development loan fund program account

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

Rural Utilities Service

rural water and waste disposal program account

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

Food and Nutrition Service

special supplemental nutrition program for women, infants, and children

For an additional amount for the special supplemental nutrition
program as authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $445,000,000.

supplemental nutrition assistance program

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

commodity assistance program

For an additional amount for the Commodity Supplemental Food
Program, $8,218,000, to support additional food purchases.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 1101. (a) Hereafter, in this section, the term ``nonambulatory
disabled cattle'' means cattle, other than cattle that are less than 5
months old or weigh less than 500 pounds, subject to inspection under
section 3(b) of the Federal Meat Inspection Act (21 U.S.C. 603(b)) that
cannot rise from a recumbent position or walk, including cattle with a
broken appendage, severed tendon or ligament, nerve paralysis,
fractured vertebral column, or a metabolic condition.
(b) Hereafter, none of the funds made available under this or any
other Act may be used to pay the salaries or expenses of any personnel
of the Food Safety and Inspection Service to pass through inspection
any nonambulatory disabled cattle for use as human food, regardless of
the reason for the nonambulatory status of the cattle or the time at
which the cattle became nonambulatory.
(c) Hereafter, in addition to any penalties available under the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Secretary
shall impose penalties consistent with sections 10414 and 10415 of the
Animal Health Protection Act (7 U.S.C. 8313, 8314) on any establishment
that slaughters nonambulatory disabled cattle or prepares a carcass,
part of a carcass, or meat or meat food product, from any nonambulatory
disabled cattle, for use as human food.
Sec. 1102. Farm Relief. (a) Short Title.--This section may be cited
as the ``Farm Relief Act of 2008''.
(b) 2008 Crop Disaster Assistance.--Section 9001 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 211) is
amended--
(1) in subsection (a)--
(A) by striking ``There are hereby'' and inserting
the following:
``(1) In general.--There are hereby''; and
(B) by adding at the end the following:
``(2) 2008 crop disaster assistance.--
``(A) In general.--There are hereby appropriated to
the Secretary such sums as are necessary, to remain
available until expended, to make emergency financial
assistance under this section available to producers on
a farm that incurred qualifying quantity or quality
losses for the 2008 crop due a natural disaster or any
related condition, as determined by the Secretary.
``(B) Sugar and sugarcane disaster assistance.--
``(i) Florida.--There are hereby
appropriated to the Secretary such sums as are
necessary, to remain available until expended,
to make payments to processors in Florida that
are eligible to obtain a loan under section
156(a) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7272(a)) to
compensate first processors and producers for
crop and other losses due a natural disaster or
any related condition, as determined by the
Secretary, in Florida during calendar year
2008, by an agreement on the same terms and
conditions, to the maximum extent practicable,
as the payments made under section 102 of the
Emergency Supplemental Appropriations for
Hurricane Disasters Assistance Act of 2005
(Public Law 108-324; 118 Stat. 1235), including
that the 2008 base production of each
harvesting unit shall be determined using the
same base year crop production history that was
used pursuant to the agreement under that
section.
``(ii) Louisiana.--
``(I) Compensation for losses.--
There are hereby appropriated to the
Secretary such sums as are necessary,
to remain available until expended, to
make assistance available to first
processors of sugarcane that operate in
a county affected by a natural
disaster, or obtain sugarcane from a
county affected by a natural disaster,
in Louisiana and that are eligible to
obtain a loan under section 156(a) of
the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7272(a)),
in the form of monetary payments or
commodities in the inventory of the
Commodity Credit Corporation derived
from carrying out that section, to
compensate producers and first
processors for crop and other losses
due to the natural disaster or any
related condition, as determined by the
Secretary.
``(II) Administration.--Assistance
under this clause shall be--
``(aa) shared by an
affected first processor with
affected producers that provide
commodities to the processor in
a manner that reflects
contracts entered into between
the processor and the
producers, except with respect
to a portion of the amount of
total assistance provided under
subclause (I) necessary to
compensate affected producers
for individual losses
experienced by the producers,
including losses due to
saltwater intrusion, flooding,
wind damage, or increased
planting, replanting, or
harvesting costs, which shall
be transferred by the first
processor to the affected
producers without regard to
contractual share arrangements;
and
``(bb) made available under
such terms and conditions as
the Secretary determines are
necessary to carry out this
clause.
``(III) Form of assistance.--In
carrying out this clause, the Secretary
shall--
``(aa) convey to the first
processor commodities in the
inventory of the Commodity
Credit Corporation derived from
carrying out section 156(a) of
the Federal Agriculture
Improvement and Reform Act of
1996 (7 U.S.C. 7272(a));
``(bb) make monetary
payments to the first
processor; or
``(cc) take any combination
of actions described in items
(aa) and (bb), using
commodities or monetary
payments.
``(IV) Loss determination.--In
carrying out this clause, the Secretary
shall use the same base year to
determine crop loss that was elected by
a producer to determine crop loss in
carrying out the hurricane assistance
program under section 207 of the
Agricultural Assistance Act of 2003
(Public Law 108-7; 117 Stat. 543).
``(iii) Texas.--There are hereby
appropriated to the Secretary such sums as are
necessary, to remain available until expended,
to assist sugarcane growers in Texas by making
a payment in that amount to a farmer-owned
cooperative sugarcane processor in that State,
for costs of demurrage, storage, and
transportation resulting from natural disaster
or any related condition during calendar year
2008.
``(C) Relation to supplemental agricultural
disaster assistance program.--A producer on a farm that
accepts assistance made available under this paragraph
for a crop loss is not eligible to receive supplemental
agricultural disaster assistance for that crop loss
under subtitle B of the Federal Crop Insurance Act (7
U.S.C. 1531) or title IX of the Trade Act of 1974 (19
U.S.C. 2497 et seq.).''; and
(2) in subsection (b), by striking ``this section'' each
place it appears and inserting ``subsection (a)(1)''.
(c) Aquaculture Grants.--
(1) In general.--The Secretary of Agriculture shall make
available grants under this subsection to appropriate State
departments of agriculture (or other appropriate State
agencies) that agree to assist producers of animals described
in section 10806(a)(1) of the Farm Security and Rural
Investment Act of 2002 (21 U.S.C. 321d(a)(1)) injured by
increased costs for animal feed and that agree to comply with
paragraph (2).
(2) Eligibility for grants.--To be eligible to receive a
grant under this subsection, the State department of
agriculture (or other appropriate State agency) shall--
(A) agree to use the grants to distribute feed
assistance through animal feed providers; and
(B) agree to require such animal feed providers to
make such feed assistance available on a pro rata basis
to active producers described in paragraph (1) based on
documented feed use by such producers in 2007.
(3) Feed assistance.--The Secretary shall make such grants
available to such State departments of agriculture or other
agencies allocated on a pro rata basis, based on total tons of
feed for such animals consumed in such State in 2007.
(4) Funding.--There are hereby appropriated $50,000,000 to
carry out this subsection.

CHAPTER 2

DEPARTMENT OF COMMERCE

Economic Development Administration

economic development assistance programs

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

DEPARTMENT OF JUSTICE

United States Marshals Service

salaries and expenses

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

Federal Bureau of Investigation

salaries and expenses

For an additional amount for ``Salaries and Expenses'',
$75,000,000.

Office of Justice Programs

state and local law enforcement assistance

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

community oriented policing services

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

SCIENCE

National Aeronautics and Space Administration

return to flight

For necessary expenses, not otherwise provided for, in carrying out
return to flight activities associated with the space shuttle and
activities from which funds were transferred to accommodate return to
flight activities, $400,000,000, with such sums as determined by the
Administrator of the National Aeronautics and Space Administration as
available for transfer to ``Science'', ``Aeronautics'',
``Exploration'', and ``Space Operations'' for restoration of funds
previously reallocated to meet return to flight activities.

RELATED AGENCY

Legal Services Corporation

payment to the legal services corporation

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

CHAPTER 3

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

construction

For an additional amount for ``Construction'' for expenses
necessary for the construction of river and harbor, flood and storm
damage reduction, shore protection, aquatic ecosystem restoration, and
related projects authorized by law, $400,000,000, to remain available
until expended: Provided, That not less than $100,000,000 of the funds
provided shall be for environmental infrastructure assistance: Provided
further, That not less than $75,000,000 of the funds provided shall be
for rehabilitation of Corps of Engineers owned or operated hydropower
infrastructure: Provided further, That 33 U.S.C. 2221 shall not apply
to funds provided in this Act: Provided further, That notwithstanding
any other provision of law, funds provided in this Act shall not be
cost shared with the Inland Waterways Trust Fund as authorized in
Public Law 99-662: Provided further, That funds provided in this Act
may only be used for programs, projects or activities previously
funded: Provided further, That funds provided in this Act shall be used
for elements of projects, programs or activities that can be completed
within these funding amounts and shall not create budgetary obligations
in future fiscal years: Provided further, That the Secretary of the
Army shall submit a report to the House and Senate Appropriations
Committees within 45 days of enactment of this Act, specifying the
projects, programs or activities that are to be funded with these
supplemental funds: Provided further, That these funds must be
obligated no later than December 31, 2010.

operations and maintenance

For an additional amount for ``Operation and Maintenance'' for
expenses necessary for the operation, maintenance, and care of existing
river and harbor, flood and storm damage reduction, aquatic ecosystem
restoration, and related projects authorized by law, and for surveys
and charting of northern and northwestern lakes and connecting waters,
clearing and straightening channels, and removal of obstructions to
navigation, $500,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of operation and
maintenance costs for coastal harbors and channels, and inland harbors
shall be derived from the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662; and of which such sums as become available under
section 217 of the Water Resources Development Act of 1996, Public Law
104-303, shall be used to cover the cost of operation and maintenance
of the dredged material disposal facilities for which fees have been
collected: Provided, That not less than $150,000,000 of the funds
provided shall be used for dredging any authorized inland and coastal
waterways and ports to provide useful navigable widths and depths:
Provided further, That not less than $25,000,000 of the funds provided
shall be used for rehabilitation of public use areas at Corps of
Engineers projects and facilities: Provided further, That $75,000,000
of the funds provided shall be used for maintenance activities for
Corps of Engineers owned or operated hydropower infrastructure:
Provided further, That funds provided in this Act may only be used for
programs, projects or activities previously funded: Provided further,
That funds provided in this Act shall be used for elements of projects,
programs or activities that can be completed within these funding
amounts and shall not create budgetary obligations in future fiscal
years: Provided further, That the Secretary of the Army shall submit a
report to the House and Senate Appropriations Committees within 45 days
of enactment of this Act, specifying the projects, programs or
activities that are to be funded with these supplemental funds:
Provided further, That these funds must be obligated no later than
December 31, 2010.

mississippi river and tributaries

For an additional amount for ``Mississippi River and Tributaries''
for expenses necessary for the flood damage reduction program for the
Mississippi River alluvial valley below Cape Girardeau, Missouri, as
authorized by law, $100,000,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of
operation and maintenance costs for inland harbors shall be derived
from the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662:
Provided, That not less than $75,000,000 of the funds provided shall be
utilized for flood control, ecosystem restoration, and backlog
maintenance of facilities along the tributaries of the mainstem of the
river eligible under this account: Provided further, That funds
provided in this Act may only be used for programs, projects or
activities previously funded in Acts making appropriations for Energy
and Water Development: Provided further, That funds provided in this
Act shall be used for elements of projects, programs or activities that
can be completed within these funding amounts and shall not create
budgetary obligations in future fiscal years: Provided further, That
the Secretary of the Army shall submit a report to the House and Senate
Appropriations Committees within 45 days of enactment of this Act,
specifying the projects, programs or activities that are to be funded
with these supplemental funds: Provided further, That these funds must
be obligated no later than December 31, 2010.

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

water and related resources

For an additional amount for ``Water and Related Resources'' for
management, development, and restoration of water and related natural
resources and for related activities, including the operation,
maintenance, and rehabilitation and modification of reclamation and
other facilities, including improvements or modification to provide
environmental benefit, participation in fulfilling related Federal
responsibilities to Native Americans, and related grants to, and
cooperative and other agreements with, State and local governments,
federally recognized Indian tribes, and others, $200,000,000, to remain
available until expended: Provided, That not less than $50,000,000 of
the funds provided under this heading shall be used for rural water
projects and these funds should be concentrated on water intake and
treatment facilities: Provided further, That not less than $5,000,000
of the funds provided under this heading shall be used for a bureauwide
program for inspection of canals in urbanized areas: Provided further,
That not less than $45,000,000 of the funds provided under this heading
shall be used for water reclamation and reuse projects: Provided
further, That not less than $15,000,000 of the funds provided under
this heading shall be for maintenance and rehabilitation of Bureau of
Reclamation owned or operated hydropower infrastructure: Provided
further, That funds provided in this Act may only be used for programs,
projects or activities previously funded: Provided further, That funds
provided in this Act shall be used for elements of projects, programs
or activities that can be completed within these funding amounts and
shall not create budgetary obligations in future fiscal years: Provided
further, That the Secretary of the Interior shall submit a report to
the House and Senate Appropriations Committees within 45 days of
enactment of this Act, specifying the projects, programs or activities
that are to be funded with these supplemental funds: Provided further,
That these funds must be obligated no later than December 31, 2010.

DEPARTMENT OF ENERGY

Energy Efficiency and Renewable Energy

For an additional amount for ``Energy Efficiency and Renewable
Energy'', $1,800,000,000, to remain available until expended: Provided,
That of the funds appropriated, $500,000,000 is directed to the
Weatherization Assistance Program: Provided further, That of the funds
appropriated, not less than $300,000,000 is directed to advance battery
technology research, development, and demonstration: Provided further,
That of the funds appropriated, $500,000,000 is directed to
competitively awarded local government and tribal technology
demonstration grants.

Electricity Delivery and Energy Reliability

For an additional amount for ``Electricity Delivery and Energy
Reliability'', $140,000,000, to remain available until expended:
Provided, That funds shall be available for expenses related to smart
grid technologies, critical energy facility process operation systems,
and cyber security of control systems.

Non-Defense Environmental Cleanup

For an additional amount for ``Non-Defense Environmental Cleanup'',
$150,000,000, to remain available until expended.

Uranium Enrichment Decontamination and Decommissioning Fund

For an additional amount for ``Uranium Enrichment Decontamination
and Decommissioning Fund'', $170,000,000, to remain available until
expended.

Science

For an additional amount for ``Science'', $175,000,000, to remain
available until expended.

Advanced Battery Loan Guarantee Program

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), $1,000,000,000, to remain available until expended:
Provided, That of such amount, $5,000,000 shall be used for
administrative expenses in carrying out the guaranteed loan program.

Atomic Energy Defense Activities

National Nuclear Security Administration

weapons activities

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

Environmental and Other Defense Activities

defense environmental cleanup

For an additional amount for ``Defense Environmental Cleanup'',
$800,000,000, to remain available until expended.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 1301. FutureGen. (a) Subject to subsection (b), the Secretary
of Energy shall reinstate and continue--
(1) the cooperative agreement numbered DE-FC-26-06NT42073
(as in effect on May 15, 2008); and
(2) Budget Period 1, under such agreement, through July 31,
2009.
(b) During the period beginning on the date of enactment of this
Act and ending March 31, 2009--
(1) The agreement described in subsection (a) may not be
terminated except by the mutual consent of the parties to the
agreement; and
(2) Funds may be expended under the agreement only to
complete and provide information and documentation to the
Department of Energy.
Sec. 1302. Section 1222(g) of the Energy Policy Act of 2005 (Public
Law 109-58; 42 U.S.C. 16421) is amended by striking ``$100,000,000''
and inserting ``$2,500,000,000''.

CHAPTER 4

DEPARTMENT OF THE TREASURY

Office of Inspector General

salaries and expenses

For an additional amount for ``Salaries and Expenses'',
$10,550,000, to carry out the provisions of the Inspector General Act
of 1978, including material loss reviews in conjunction with bank
failures.

COMMODITY FUTURES TRADING COMMISSION

Salaries and Expenses

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

GENERAL SERVICES ADMINISTRATION

Real Property Activities

federal buildings fund

(limitation on availability)

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

SMALL BUSINESS ADMINISTRATION

Salaries and Expenses

For an additional amount to be available until September 30, 2010,
$4,000,000 for marketing, management, and technical assistance under
section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) by
intermediaries that make microloans under the Microloan program.
For an additional amount to be available until September 30, 2010,
$15,000,000 for lender oversight activities as authorized under section
1401(c) of this Act.

Business Loans Program Account

For an additional amount for the cost of direct loans, $1,000,000,
to remain available until September 30, 2010; and for an additional
amount for the cost of guaranteed loans, $615,000,000, to remain
available until September 30, 2010: Provided, That of the amount for
the cost of guaranteed loans, $515,000,000 shall be for loan subsidies
and loan modifications for loans to small business concerns authorized
under section 1401(a) of this Act; and $100,000,000 shall be for loan
subsidies and loan modifications for loans to small business concerns
authorized under section 1401(b) of this Act: Provided further, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.

Administrative Provisions--Small Business Administration

Sec. 1401. Economic Stimulus for Small Business Concerns. (a)
Temporary Fee Elimination for the 7(a) Loan Program.--Until September
30, 2010, and to the extent the cost of such elimination of fees is
offset by appropriations, with respect to each loan guaranteed under
section 7(a) of Small Business Act (15 U.S.C. 636(a)) for which the
application is approved on or after the date of enactment of this Act,
the Administrator shall--
(1) in lieu of the fee otherwise applicable under section
7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect no fee; and
(2) in lieu of the fee otherwise applicable under section
7(a)(18)(A) of the Small Business Act (15 U.S.C.
636(a)(18)(A)), collect no fee.
(b) Temporary Fee Elimination for the 504 Loan Program.--
(1) In general.--Until September 30, 2010, and to the
extent the cost of such elimination in fees is offset by
appropriations, with respect to each project or loan guaranteed
by the Administrator under title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.) for which the
application is approved or pending approval on or after the
date of enactment of this Act--
(A) the Administrator shall, in lieu of the fee
otherwise applicable under section 503(d)(2) of the
Small Business Investment Act of 1958 (15 U.S.C.
697(d)(2)) for an institution described in subclause
(I), (II), or (III) of section 502(3)(B)(i) of that Act
(15 U.S.C. 696(3)(B)(i)), collect no fee;
(B) a development company shall, in lieu of the
mandatory 0.625 servicing fee under section
120.971(a)(3) of title 13, Code of Federal Regulations
(relating to fees paid by borrowers), or any successor
thereto, collect no fee; and
(C) the Administrator shall, in lieu of the fee
otherwise applicable under section 503(d)(3) of the
Small Business Investment Act (15 U.S.C. 697(d)(3)),
collect no fee.
(2) Reimbursement for waived fees.--
(A) In general.--To the extent the cost of such
payments is offset by appropriations, the Administrator
shall reimburse each development company that does not
collect a servicing fee pursuant to paragraph (1)(B).
(B) Amount.--The payment to a development company
under subparagraph (A) shall be in an amount equal to
0.5 percent of the outstanding principal balance of any
guaranteed debenture for which the development company
does not collect a servicing fee pursuant to paragraph
(1)(B).
(c) Temporary Fee Elimination of Lender Oversight Fees.--Until
September 30, 2010, and to the extent the cost of such elimination in
fees is offset by appropriations, the Administrator shall, in lieu of
the fee otherwise applicable under section 5(b)(14) of the Small
Business Act (15 U.S.C. 634(b)(14)), collect no fee.
(d) Technical Correction.--Section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) is amended by redesignating paragraph (32) relating
to an increased veteran participation pilot program, as added by
section 208 of the Military Reservist and Veteran Small Business
Reauthorization and Opportunity Act of 2008 (Public Law 110-186; 122
Stat. 631), as paragraph (33).
(e) Application of Fee Eliminations.--The Administrator shall
eliminate fees under subsections (a), (b), and (c) until the amount
provided for such purposes, as applicable, under the headings
``Salaries and Expenses'' and ``Business Loans Program Account'' under
the heading ``Small Business Administration'' under this Act are
expended.
(f) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively; and
(2) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632).
Sec. 1402. None of the funds made available under this Act or any
other appropriations Act for any fiscal year may be used by the Small
Business Administration to implement the rule relating to women-owned
small business Federal contract assistance procedures published in the
Federal Register on October 1, 2008 (73 Fed. Reg. 56940 et seq.).

CHAPTER 5

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

border security, fencing, infrastructure, and technology

For an additional amount for ``Border Security, Fencing,
Infrastructure, and Technology'', $303,000,000, to remain available
until expended; of which not less that $215,000,000 shall be for
development and deployment of border security technology on the
Southwest border; and of which not less than $88,000,000 shall be for
procurement and deployment of tactical communications equipment and
land mobile radios for the U.S. Border Patrol.

construction

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

Transportation Security Administration

aviation security

For an additional amount for ``Aviation Security'', $500,000,000,
to remain available until expended; of which $300,000,000 shall be for
procurement and installation of checked baggage explosives detection
systems; and of which $200,000,000 shall be for checkpoint explosives
detection equipment: Provided, That no later than 90 days after the
date of enactment of this Act, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the Senate and the House of
Representatives a plan for the expenditure of these funds.

Coast Guard

acquisition, construction, and improvements

For an additional amount for ``Acquisition, Construction, and
Improvements'', $1,220,000,000, to remain available until expended; of
which $925,000,000 shall be for the acquisition of a new polar
icebreaker or for necessary expenses related to the service life
extension of existing Coast Guard polar icebreakers; of which
$150,000,000 shall be for the National Security Cutter program; and of
which $145,000,000 shall be for shore facilities and aids to navigation
facilities: Provided, That no later than 90 days after the date of
enactment of this Act, the Secretary of Homeland Security shall provide
the Committees on Appropriations of the Senate and the House of
Representatives a plan for the expenditure of these funds.

alteration of bridges

For an additional amount for alteration or removal of obstructive
bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
516), $90,000,000, to remain available until expended: Provided, That
no later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall provide the Committees on
Appropriations of the Senate and the House of Representatives an
expenditure plan detailing how the Coast Guard will allocate the
additional funds appropriated under this heading for bridges ready to
proceed to construction.

Federal Emergency Management Agency

disaster assistance direct loan program account

Notwithstanding section 417(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, the amount of any such loan issued
pursuant to this section for major disasters occurring in calendar year
2008 may exceed $5,000,000, and may be equal to not more than 50
percent of the annual operating budget of the local government in any
case in which that local government has suffered a loss of 25 percent
or more in tax revenues.

Federal Law Enforcement Training Center

acquisition, construction, improvements, and related expenses

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

CHAPTER 6

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

construction

For an additional amount for ``Construction'', $147,000,000, to
remain available until September 30, 2010, of which $114,000,000 shall
be for deferred maintenance projects, including the repair of earthen
dams; of which $15,000,000 shall be for restoration and rehabilitation
of trails; and of which $18,000,000 shall be for remediation of
abandoned mine sites: Provided, That the Secretary shall utilize to the
maximum extent possible the Public Land Corps, the Youth Conservation
Corps, and other related partnerships with State, local, tribal or
nonprofit groups that serve young adults.

United States Fish and Wildlife Service

construction

For an additional amount for ``Construction'', $88,000,000, to
remain available until September 30, 2010, for refuge and hatchery
deferred maintenance projects: Provided, That the Secretary shall
utilize to the maximum extent possible the Public Land Corps, the Youth
Conservation Corps, and other related partnerships with State, local,
tribal or nonprofit groups that serve young adults.

National Park Service

construction

For an additional amount for ``Construction'', $105,000,000, to
remain available until September 30, 2010, of which $45,000,000 shall
be for deferred maintenance projects; of which $45,000,000 shall be for
restoration and rehabilitation of trails; and of which $15,000,000
shall be for remediation of abandoned mine sites: Provided, That the
Secretary shall utilize to the maximum extent possible the Public Land
Corps, the Youth Conservation Corps, and other related partnerships
with State, local, tribal or nonprofit groups that serve young adults.

United States Geological Survey

surveys, investigations, and research

For an additional amount for ``Surveys, Investigations, and
Research'', $84,000,000, to remain available until September 30, 2010,
for repair and restoration of facilities and other deferred maintenance
projects.

Bureau of Indian Affairs

construction

For an additional amount for ``Construction'', $200,000,000, to
remain available until September 30, 2010, for repair and restoration
of bureau-operated facilities and other deferred maintenance projects.

ENVIRONMENTAL PROTECTION AGENCY

State and Tribal Assistance Grants

For an additional amount for ``State and Tribal Assistance
Grants'', $2,500,000,000, to remain available until expended, of which
$1,750,000,000 shall be for making capitalization grants for the Clean
Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act, as amended; and of which $750,000,000 shall be
for making capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act, as amended:
Provided, That none of these funds shall be subject to State matching
requirements: Provided further, That of the amount made available for
the Clean Water State Revolving Fund, not to exceed 1.5 percent may be
set aside for grants to tribes pursuant to section 518(c) of the
Federal Water Pollution Water Control Act.

DEPARTMENT OF AGRICULTURE

Forest Service

capital improvement and maintenance

For an additional amount for ``Capital Improvement and
Maintenance'', $425,000,000, to remain available until September 30,
2010, for deferred maintenance projects, which may include remediation
of abandoned mine sites: Provided, That the Secretary shall utilize to
the maximum extent possible the Public Land Corps, the Youth
Conservation Corps, and other related partnerships with State, local,
tribal or nonprofit groups that serve young adults.

SMITHSONIAN INSTITUTION

Facilities Capital

For an additional amount for ``Facilities Capital'', $93,500,000,
to remain available until September 30, 2010, for deferred maintenance
projects.

GENERAL PROVISION--THIS CHAPTER

Sec. 1601. Notwithstanding any other provision of law, including
section 152 of division A of H.R. 2638 (110th Congress), the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009, the terms and conditions contained in section
433 of division F of Public Law 110-161 shall remain in effect for the
fiscal year ending September 30, 2009.

CHAPTER 7

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

disease control, research, and training

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

National Institutes of Health

office of the director

(including transfer of funds)

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

Administration for Children and Families

children and families services programs

For an additional amount for ``Children and Families Services
Programs'' for carrying out activities under sections 674 through 679
of the Community Services Block Grant Act, $200,000,000, of which no
part shall be subject to paragraph (3) of section 674(b) of such Act.

Administration on Aging

aging services programs

For an additional amount for ``Aging Services Programs'',
$60,000,000, of which $40,750,000 shall be for Congregate Nutrition
Services and $19,250,000 shall be for Home-Delivered Nutrition
Services.

Office of the Secretary

public health and social services emergency fund

(including transfer of funds)

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

DEPARTMENT OF EDUCATION

For carrying out section 1702 of this Act, $2,500,000,000, which
shall be available for obligation from July 1, 2008 through September
30, 2009.

school improvement programs

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

GENERAL PROVISIONS--THIS CHAPTER

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

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

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

CHAPTER 8

DEPARTMENT OF DEFENSE

Military Construction, Navy and Marine Corps

For an additional amount for ``Military Construction, Navy and
Marine Corps'', $75,000,000, to remain available until expended, for
the planning, design, and construction of child development centers:
Provided, That notwithstanding any other provision of law, such funds
may be obligated and expended to carry out planning and design and
construction not otherwise authorized by law: Provided further, That
within 30 days of enactment of this Act, the Secretary of the Navy
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this heading.

Family Housing Construction, Army

For an additional amount for ``Family Housing Construction, Army'',
$50,000,000, to remain available until expended, for military family
housing construction and improvements: Provided, That notwithstanding
any other provision of law, such funds may be obligated and expended to
carry out planning and design and construction not otherwise authorized
by law: Provided further, That within 30 days of enactment of this Act,
the Secretary of the Army shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this heading.

Family Housing Construction, Air Force

For an additional amount for ``Family Housing Construction, Air
Force'', $125,000,000, to remain available until expended, for military
family housing construction and improvements: Provided, That
notwithstanding any other provision of law, such funds may be obligated
and expended to carry out planning and design and construction not
otherwise authorized by law: Provided further, That within 30 days of
enactment of this Act, the Secretary of the Air Force shall submit to
the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this heading.

GENERAL PROVISION--THIS CHAPTER

Sec. 1801. Payments to Eligible Persons Who Served in the United
States Army Forces in the Far East During World War II. (a) Findings.--
Congress makes the following findings:
(1) The Philippine islands became a United States
possession in 1898 when they were ceded from Spain following
the Spanish-American War.
(2) During World War II, Filipinos served in a variety of
units, some of which came under the direct control of the
United States Armed Forces.
(3) The regular Philippine Scouts, the new Philippine
Scouts, the Guerilla Services, and more than 100,000 members of
the Philippine Commonwealth Army were called into the service
of the United States Armed Forces of the Far East on July 26,
1941, by an executive order of President Franklin D. Roosevelt.
(4) Even after hostilities had ceased, wartime service of
the new Philippine Scouts continued as a matter of law until
the end of 1946, and the force gradually disbanded and was
disestablished in 1950.
(5) Filipino veterans who were granted benefits prior to
the enactment of the so-called Rescissions Acts of 1946 (Public
Laws 79-301 and 79-391) currently receive full benefits under
laws administered by the Secretary of Veterans Affairs, but
under section 107 of title 38, United States Code, the service
of certain other Filipino veterans is deemed not to be active
service for purposes of such laws.
(6) These other Filipino veterans only receive certain
benefits under title 38, United States Code, and, depending on
where they legally reside, are paid such benefit amounts at
reduced rates.
(7) The benefits such veterans receive include service-
connected compensation benefits paid under chapter 11 of title
38, United States Code, dependency indemnity compensation
survivor benefits paid under chapter 13 of title 38, United
States Code, and burial benefits under chapters 23 and 24 of
title 38, United States Code, and such benefits are paid to
beneficiaries at the rate of $0.50 per dollar authorized,
unless they lawfully reside in the United States.
(8) Dependents' educational assistance under chapter 35 of
title 38, United States Code, is also payable for the
dependents of such veterans at the rate of $0.50 per dollar
authorized, regardless of the veterans' residency.
(b) Compensation Fund.--
(1) In general.--There is in the general fund of the
Treasury a fund to be known as the ``Filipino Veterans Equity
Compensation Fund'' (in this section referred to as the
``compensation fund'').
(2) Availability of funds.--Subject to the availability of
appropriations for such purpose, amounts in the compensation
fund shall be available to the Secretary of Veterans Affairs
without fiscal year limitation to make payments to eligible
persons in accordance with this section.
(c) Payments.--
(1) In general.--During the one-year period beginning on
the date of the enactment of this Act, the Secretary shall make
a payment to an eligible person who, during such period,
submits to the Secretary an application containing such
information and assurances as the Secretary may require.
(2) Payment to surviving spouse.--If an eligible person
dies during the period described in paragraph (1) before
payment is made to the eligible person under this section, the
payment otherwise to be made to the eligible person under this
section shall be made instead to the surviving spouse of the
eligible person.
(d) Eligible Persons.--An eligible person is any person who
served--
(1) before July 1, 1946, in the organized military forces
of the Government of the Commonwealth of the Philippines, while
such forces were in the service of the Armed Forces of the
United States pursuant to the military order of the President
dated July 26, 1941, including among such military forces
organized guerrilla forces under commanders appointed,
designated, or subsequently recognized by the Commander in
Chief, Southwest Pacific Area, or other competent authority in
the Army of the United States; or
(2) in the Philippine Scouts under section 14 of the Armed
Forces Voluntary Recruitment Act of 1945 (59 Stat. 538).
(e) Payment Amounts.--Each payment under this section shall be--
(1) in the case of an eligible person who is not a citizen
of the United States, in the amount of $9,000; and
(2) in the case of an eligible person who is a citizen of
the United States, in the amount of $15,000.
(f) Limitation.--The Secretary may not make more than one payment
under this section for each person described in subsection (d).
(g) Clarification of Treatment of Payments Under Certain Laws.--
Amounts paid to a person under this section--
(1) shall be treated for purposes of the internal revenue
laws of the United States as damages for human suffering; and
(2) shall not be included in income or resources for
purposes of determining--
(A) eligibility of an individual to receive
benefits described in section 3803(c)(2)(C) of title
31, United States Code, or the amount of such benefits;
or
(B) eligibility of an individual to receive
benefits under title II or VIII of the Social Security
Act, or the amount of such benefits.
(h) Release.--
(1) In general.--Except as provided in paragraph (2), the
acceptance by an eligible person of a payment under this
section shall be final, and shall constitute a complete release
of any claim against the United States by reason of any service
described in subsection (d).
(2) Payment of previously awarded benefits.--Nothing in
this section shall prohibit a person from receiving any benefit
to which the person is entitled based on a claim for which
benefits are awarded before the date of the enactment of this
Act, including on a claim for medical care and nursing care
benefits, burial benefits, and any other benefits to which the
person is entitled by law.
(i) Recognition of Service.--The service of a person as described
in subsection (d) is hereby recognized as active military service in
the Armed Forces for purposes of, and to the extent provided in, this
section.
(j) Reports.--The Secretary shall include, in documents submitted
to Congress by the Secretary in support of the President's budget for
each fiscal year in which payments are made from the compensation fund
under this section, detailed information on the operation of the
compensation fund, including the number of applicants, the number of
eligible persons receiving benefits, the amounts paid out of the
compensation fund, and the administration of the compensation fund.
(k) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall prescribe regulations to
carry out this section.
(l) Authorization of Appropriation.--There is authorized to be
appropriated to the compensation fund $198,000,000, to remain available
until expended, to make payments under this section.

CHAPTER 9

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

supplemental discretionary grants for airport investment

For an additional amount for capital expenditures authorized under
section 47102(3) of title 49, United States Code, $500,000,000:
Provided, That the Secretary of Transportation shall distribute funds
provided under this heading as discretionary grants to airports that
demonstrate to his or her satisfaction their ability to obligate these
funds within 180 days of the date of such distribution and shall serve
to supplement and not supplant planned expenditures from airport-
generated revenues or from other State and local sources on such
activities: Provided further, That no funds provided under this heading
shall be used for activities not identified on an airport layout plan:
Provided further, That the Federal share payable of the costs for which
a grant is made under this heading shall be 100 percent: Provided
further, That the amount made available under this heading shall not be
subject to any limitation on obligations for the Grants-in-Aid for
Airports program set forth in any Act: Provided further, That projects
conducted using funds provided under this heading must comply with the
requirements of subchapter IV of chapter 31 of title 40, United States
Code.

Federal Highway Administration

supplemental grants to states for federal-aid highway investment

For an additional amount for restoration, repair, construction and
other activities eligible under paragraph (b) of section 133 of title
23, United States Code, $10,000,000,000: Provided, That the Secretary
of Transportation shall transfer $2,000,000 to the Inspector General of
the Department of Transportation for costs associated with audits and
investigations of projects and activities carried out with funds made
available to the Department of Transportation in this Act: Provided
further, That after making such transfer, the remaining funds provided
under this heading shall be apportioned to States using the formula set
forth in section 104(b)(3) of such title: Provided further, That
funding provided under this heading shall be in addition to any and all
funds provided for fiscal years 2008 and 2009 in any other Act for
``Federal-aid Highways'' and shall not affect the distribution of funds
provided for ``Federal-aid Highways'' in any other Act: Provided
further, That the Secretary of Transportation shall institute measures
to ensure that funds provided under this heading shall be obligated
within 180 days of the date of their apportionment: Provided further,
That 180 days following the date of such apportionment, the Secretary
shall withdraw and redistribute any unobligated funds utilizing
whatever method he or she deems appropriate to ensure that all funds
provided under this heading shall be obligated promptly: 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 the
amount made available under this heading shall not be subject to any
limitation on obligations for Federal-aid highways or highway safety
construction programs set forth in any Act: Provided further, That
projects conducted using funds provided under this heading must comply
with the requirements of subchapter IV of chapter 31 of title 40,
United States Code: Provided further, That for the purposes of the
definition of States for this paragraph, sections 101(a)(32) of title
23, United States Code, shall apply.

supplemental grants to states for ferry transportation investment

For an additional amount for capital expenditures eligible under
section 147 of title 23, United States Code, $60,000,000: Provided,
That the Secretary of Transportation shall distribute funds provided
under this heading as discretionary grants to States, with the highest
priority given to those projects that demonstrate to his or her
satisfaction their ability to obligate these funds within 180 days of
the date of such distribution: Provided further, That the Federal share
payable of the costs for which a grant is made under this heading shall
be 100 percent: Provided further, That the amount made available under
this heading shall not be subject to any limitation on obligations for
the Federal-aid highways or highway safety construction programs set
forth in any Act: Provided further, That projects conducted using funds
provided under this heading must comply with the requirements of
subchapter IV of chapter 31 of title 40, United States Code.

Federal Railroad Administration

supplemental grants to states for intercity passenger rail service

For an additional amount for grants to States to pay for the cost
of projects described in paragraph (2)(A) and (2)(B) of section 24401
and subsection (b) of section 24105 of title 49, United States Code,
$100,000,000: Provided, That to be eligible for assistance under this
paragraph, the specific project must be on the Statewide Transportation
Improvement Plan at the time of the application to qualify: Provided
further, That the Secretary of Transportation shall give priority to
projects that demonstrate an ability to obligate funds within 180 days
of the date of enactment of this Act and to projects that improve the
safety and reliability of intercity passenger trains: Provided further,
That the Federal share payable of the costs for which a grant is made
under this heading shall be 100 percent: Provided further, That
projects conducted using funds provided under this heading must comply
with the requirements of subchapter IV of chapter 31 of title 40,
United States Code.

supplemental capital grants to the national railroad passenger
corporation

For an additional amount for the immediate investment in capital
projects necessary to maintain and improve national intercity passenger
rail service, $400,000,000: Provided, That funds made available under
this heading shall be allocated directly to the corporation for the
purpose of immediate investment in capital projects including the
rehabilitation of rolling stock for the purpose of expanding passenger
rail capacity: Provided further, that the Board of Directors shall take
measures to ensure that funds provided under this heading shall be
obligated within 180 days of the enactment of this Act and shall serve
to supplement and not supplant planned expenditures for such activities
from other Federal, State, local and corporate sources: Provided
further, That said Board of Directors shall certify to the House and
Senate Committees on Appropriations in writing their compliance with
the preceding proviso: Provided further, That not more than 50 percent
of the funds provided under this heading may be used for capital
projects along the Northeast Corridor.

Federal Transit Administration

supplemental discretionary grants for public transit investment

For an additional amount for capital expenditures authorized under
section 5302(a)(1) of title 49, United States Code, $2,500,000,000:
Provided, That the Secretary of Transportation shall apportion funds
provided under this heading based on the formula set forth in
subsections (a) through (c) of section 5336 of title 49, United States
Code: Provided further, That the Secretary shall take such measures
necessary to ensure that the minimum amount of funding distributed
under this heading to any individual transit authority shall not be
less than $100,000: Provided further, That the Secretary of
Transportation shall institute measures to ensure that funds provided
under this heading shall be obligated within 180 days of the date of
their apportionment: Provided further, That 180 days following the date
of such apportionment, the Secretary shall withdraw and redistribute
any unobligated funds utilizing whatever method he or she deems
appropriate to ensure that all funds provided under this paragraph
shall be obligated promptly: Provided further, That the Secretary of
Transportation shall make such funds available to pay for operating
expenses to the extent that a transit authority demonstrates to his or
her satisfaction that such funds are necessary to continue current
services or expand such services to meet increased ridership: Provided
further, That the Federal share of the costs for which a grant is made
under this heading shall be 100 percent: Provided further, That the
amount made available under this heading shall not be subject to any
limitation on obligations for transit programs set forth in any Act:
Provided further, That the funds appropriated under this heading shall
be subject to section 5333(a) of title 49, United States Code but shall
not be comingled with funds available under the Formula and Bus Grants
account.

Maritime Administration

supplemental grants for assistance to small shipyards

For an additional amount to make grants to qualified shipyards as
authorized under section 3506 of Public Law 109-163 or section 54101 of
title 46, United States Code, $60,000,000: Provided, That the Secretary
of Transportation shall institute measures to ensure that funds
provided under this heading shall be obligated within 180 days of the
date of their distribution.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Supplemental Grants to Public Housing Agencies for Capital Needs

For an additional amount for discretionary grants to public housing
agencies for capital expenditures permitted under section 9(d)(1) of
the United States Housing Act of 1937, as amended, $700,000,000:
Provided, That in allocating discretionary grants under this paragraph,
the Secretary of Housing and Urban Development shall give priority
consideration to housing agencies that have projects that are ready-to-
go, as well as projects resulting in the rehabilitation of vacant
rental units or improved energy efficiency: Provided further, That the
Secretary may also give priority to projects that require additional
capital to complete development transactions stalled by changes in the
low-income housing tax credit and housing bond markets: Provided
further, That the Secretary shall not provide any additional priority
to any housing agency that is under the receivership of the Department
and no housing agency shall receive more than 5 percent of the total
amount provided: Provided further, That notwithstanding any other
provision of law, the Secretary shall institute measures to ensure that
funds provided under this paragraph shall be obligated within 180 days
of the date of enactment of this Act and shall serve to supplement and
not supplant expenditures from other Federal, State, or local sources:
Provided further, That in administering funds provided in this
paragraph, the Secretary may waive any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding that such waiver
is required to facilitate the timely use of such funds.

supplemental grants to public housing agencies for extraordinary energy
costs

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

housing assistance for tenants displaced by foreclosure

For an additional amount to provide relocation and temporary
housing assistance to individuals and families that rent dwelling units
that have been foreclosed upon, or are in default and where foreclosure
is imminent, $575,000,000: Provided, That the Secretary of Housing and
Urban Development shall establish a formula to allocate amounts made
available under this heading to States and units of general local
government (as such terms are defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)): Provided further,
That in developing the formula, the Secretary shall consider areas with
the greatest need based on the number and percentage of rental
properties in default or delinquency and the greatest number and
percentage of rental properties in foreclosure: Provided further, That
grantees shall demonstrate their ability to coordinate with local
Continuums of Care and their ability to serve tenants who are least
likely to obtain stable, affordable housing upon eviction, including
families with children: Provided further, That funding made available
under this heading may be used for temporary rental assistance, first
and last month's rent, security deposit, case management services, or
other appropriate services necessary to assist eligible individuals or
families in finding safe and affordable permanent housing: Provided
further, That the Secretary shall provide notice of the availability of
funding provided under this heading within 60 days of the enactment of
this Act.

Federal Housing Administration

information technology

For an additional amount to maintain, modernize and improve
technology systems and infrastructure for the Federal Housing
Administration, $36,093,000: Provided, That these funds shall serve to
supplement and not supplant planned expenditures for the Federal
Housing Administration for information technology maintenance and
development funding provided through the Departmental Working Capital
Fund.

salaries and expenses

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

GENERAL PROVISIONS--THIS CHAPTER

Sec. 1901. Section 5309(g)(4)(A) of title 49, United States Code,
is amended by striking ``or an amount equivalent to the last 3 fiscal
years of funding allocated under subsections (m)(1)(A) and
(m)(2)(A)(ii)'' and inserting ``or the sum of the funds available for
the next three fiscal years beyond the current fiscal year, assuming an
annual growth of the program of 10 percent''.
Sec. 1902. No funds provided in this Act or any other Act may be
used by the Secretary of Transportation to take any action regarding
airline operations at any United States commercial airport that
involves:
(1) auction, sale, lease, or the imposition of any charge
or fee, by the Secretary or the Federal Aviation Administrator,
for rights, authorization or permission by them to conduct
flight operations at, or in the navigable airspace of, any such
airport;
(2) implementing or facilitating any such auction, sale or
lease, or the imposition of any such charge or fee by the
Secretary or the Administrator initiated prior to enactment of
this Act; or
(3) the withdrawal or involuntary transfer by the Secretary
or Administrator of rights, authorizations or permissions to
operate at, or in the navigable airspace of, any such airport
for the purpose of the auction, sale or lease of such rights,
authorizations or permissions, or the imposition by the
Secretary or Administrator of any charge or fee for such
rights, authorization or permission.
Sec. 1903. (a) Survey.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Commerce shall conduct a survey
to estimate, for any area for which the President declared a major
disaster (as defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)) during 2008, the
total economic output lost, Federal assistance provided, and economic
revitalization funds needed to recover from the major disaster. The
Secretary of Commerce shall provide information obtained from the
survey under this paragraph to the Governors of affected States and the
Secretary of Housing and Urban Development.
(b) Funds.--The Secretary of Housing and Urban Development shall
use information provided under subsection (a) in allocating funds
provided under the heading ``Community Planning and Development,
Community Development Fund'' in Public Law 110-329.

TITLE II--NUTRITION PROGRAMS FOR ECONOMIC STIMULUS

SEC. 2001. NUTRITION PROGRAMS FOR ECONOMIC STIMULUS.

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

TITLE III--STATE FISCAL RELIEF

SEC. 3001. TEMPORARY INCREASE OF MEDICAID FMAP.

(a) Permitting Maintenance of Fiscal Year 2008 Fmap for Fiscal Year
2009.--Subject to subsections (d), (e), and (f), if the FMAP determined
without regard to this section for a State for fiscal year 2009 is less
than the FMAP as so determined for fiscal year 2008, the FMAP for the
State for fiscal year 2008 shall be substituted for the State's FMAP
for fiscal year 2009, before the application of this section.
(b) Permitting Maintenance of Fiscal Year 2009 Fmap for First
Quarter of Fiscal Year 2010.--Subject to subsections (d), (e), and (f),
if the FMAP determined without regard to this section for a State for
fiscal year 2010 is less than the FMAP as so determined for fiscal year
2009, the FMAP for the State for fiscal year 2009 shall be substituted
for the State's FMAP for the first calendar quarter of fiscal year
2010, before the application of this section.
(c) General 8 Percentage Points Increase for Fiscal Year 2009 and
First Calendar Quarter of Fiscal Year 2010.--
(1) In general.--Subject to subsections (d), (e), and (f),
for each State for fiscal year 2009 and for the first calendar
quarter of fiscal year 2010, the FMAP (taking into account the
application of subsections (a) and (b)) shall be increased by
8.0 percentage points.
(2) Increase in cap on medicaid payments to territories.--
Subject to subsections (e) and (f), with respect to fiscal year
2009 and the first calendar quarter of fiscal year 2010, the
amounts otherwise determined for Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands, and American Samoa
under subsections (f) and (g) of section 1108 of the Social
Security Act (42 U.S.C. 1308) shall each be increased by an
amount equal to 8.0 percent of such amounts.
(d) Scope of Application.--The increases in the FMAP for a State
under this section shall apply only for purposes of title XIX of the
Social Security Act and shall not apply with respect to--
(1) disproportionate share hospital payments described in
section 1923 of such Act (42 U.S.C. 1396r-4);
(2) payments under title IV or XXI of such Act (42 U.S.C.
601 et seq. and 1397aa et seq.); or
(3) any payments under title XIX of such Act that are based
on the enhanced FMAP described in section 2105(b) of such Act
(42 U.S.C. 1397ee(b)).
(e) State Ineligibility.--
(1) In general.--Subject to paragraph (2), a State is not
eligible for an increase in its FMAP under subsection (c)(1),
or an increase in a cap amount under subsection (c)(2), if the
eligibility under its State plan under title XIX of the Social
Security Act (including any waiver under such title or under
section 1115 of such Act (42 U.S.C. 1315)) is more restrictive
than the eligibility under such plan (or waiver) as in effect
on September 1, 2008.
(2) State reinstatement of eligibility permitted.--A State
that has restricted eligibility under its State plan under
title XIX of the Social Security Act (including any waiver
under such title or under section 1115 of such Act (42 U.S.C.
1315)) after September 1, 2008, is no longer ineligible under
paragraph (1) beginning with the first calendar quarter in
which the State has reinstated eligibility that is no more
restrictive than the eligibility under such plan (or waiver) as
in effect on September 1, 2008.
(3) Rule of construction.--Nothing in paragraph (1) or (2)
shall be construed as affecting a State's flexibility with
respect to benefits offered under the State Medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) (including any waiver under such title or under section
1115 of such Act (42 U.S.C. 1315)).
(f) Requirements.--
(1) In general.--A State may not use the additional Federal
funds paid to the State as a result of this section for
purposes of increasing any reserve or rainy day fund maintained
by the State.
(2) Additional requirement for certain states.--In the case
of a State that requires political subdivisions within the
State to contribute toward the non-Federal share of
expenditures under the State Medicaid plan required under
section 1902(a)(2) of the Social Security Act (42 U.S.C.
1396a(a)(2)), the State is not eligible for an increase in its
FMAP under subsection (c)(1), or an increase in a cap amount
under subsection (c)(2), if it requires that such political
subdivisions pay a greater percentage of the non-Federal share
of such expenditures for fiscal year 2009, and the first
calendar quarter of fiscal year 2010, than the percentage that
would have been required by the State under such plan on
September 1, 2008, prior to application of this section.
(g) Definitions.--In this section:
(1) FMAP.--The term ``FMAP'' means the Federal medical
assistance percentage, as defined in section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)).
(2) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(h) Repeal.--Effective as of January 1, 2010, this section is
repealed.

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

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

TITLE IV--UNEMPLOYMENT INSURANCE

SEC. 4001. EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.

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

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

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

TITLE V--NATIONAL PARK CENTENNIAL FUND ACT

SECTION 5001. SHORT TITLE.

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

SEC. 5002. DEFINITIONS.

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

SEC. 5003. NATIONAL PARK CENTENNIAL FUND.

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

SEC. 5004. PROGRAM ALLOCATION.

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

SEC. 5005. PARTNERSHIPS.

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

SEC. 5006. MAINTENANCE OF EFFORT.

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

SEC. 5007. REPORTS.

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

TITLE VI--AUTOMOTIVE INDUSTRY ASSISTANCE

SECTION 6001. DIRECT LOAN PROVISIONS.

(a) In General.--The Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended by adding at the end the
following:

``TITLE IV--DIRECT BRIDGE LOAN PROVISIONS

``SEC. 401. FINDINGS.

``Congress finds that extraordinary and exigent circumstances have
prevented the automobile industry from securing essential credit and
liquidity from other sources and that the failure of the automobile
industry to obtain such credit and liquidity will have a systemic
adverse effect on the economy.

``SEC. 402. PURPOSES.

``The purposes of this title are--
``(1) to clarify that authority and facilities are
available to be used immediately by the Secretary to restore
liquidity and stability to the automobile industry in the
United States;
``(2) to ensure that such authority and such facilities are
used in a manner that--
``(A) stimulates manufacturing and sales of
automobiles produced by automobile manufacturers in the
United States;
``(B) enhances the ability and the capacity of the
domestic automobile industry to pursue the timely and
aggressive production of energy-efficient advanced
technology vehicles;
``(C) preserves and promotes the jobs of 355,000
workers in the United States directly employed by the
automobile industry and an additional 4,500,000 workers
in the United States employed in related industries;
and
``(D) safeguards the ability of the domestic
automobile industry to provide retirement and health
care benefits for 1,000,000 retirees and their spouses
and dependents; and
``(3) to reaffirm the purposes of section 2, which include
providing the Secretary with broad authority to restore
liquidity and stability to financial institutions, including
automobile finance companies.

``SEC. 403. EMERGENCY DIRECT LOAN PROGRAM.

``(a) In General.--The Secretary shall make loans in an aggregate
amount equal to $25,000,000,000, to any automobile manufacturer or
component supplier that has--
``(1) submitted an application for a loan under this title
that includes a statement of need for Government funding under
this title to prevent a systemic adverse effect on the United
States economy;
``(2) operated 2 or more manufacturing facilities for the
purposes of producing automobiles or automobile components in
the United States throughout the 25-year period ending on the
date of enactment of this title; and
``(3) operations in the United States the failure of which
would have a systemic adverse effect on the overall United
States economy, as determined by the Secretary.
``(b) Allocation.--In allocating loan amounts under this title, the
Secretary shall prioritize applications based on the magnitude of the
impact of the manufacturing operations of the applicant in the United
States on the overall economy of the United States and other segments
of the automobile industry, including the impact on levels of
employment, domestic manufacturing of automobiles and automobile
components, and automobile dealerships.
``(c) Plan for Long-Term Financial Viability.--At the time of
application for a loan under this title, an automobile manufacturer or
component supplier shall submit to the Secretary a detailed plan on how
the Government funds requested will be utilized to ensure the long-term
financial posture of the company, and how such funds will stimulate
automobile production in the United States and improve the capacity of
the company to pursue the timely and aggressive production of energy-
efficient advanced technology vehicles.
``(d) Authority to Issue Stock.--At the discretion of the
Secretary, the automobile manufacturer or component supplier may issue
preferred stock in lieu of a loan, on analogous terms and conditions as
those described for loans under this title.

``SEC. 404. FUNDING FROM THIRD TRANCHE; TREATMENT OF LOAN AMOUNTS.

``The costs incurred by the Federal Government in making loans
under this title, including credit subsidy costs and administrative
expenses, shall be covered out of the funds made available to the
Secretary generally under section 118 and, specifically, not from funds
which are described in paragraph (1) or (2) of section 115(a), but with
respect to the availability of which the reporting and procedural
requirements contained in paragraph (3) of such section and section
115(c) shall not apply.

``SEC. 405. TIMING OF DISBURSEMENTS.

``(a) Applications.--On and after the date that is 3 days after the
date of enactment of this title, the Secretary shall accept
applications for loans under this title.
``(b) Determination of Eligibility.--Not later than 15 days after
the date on which the Secretary receives an application for a loan
under subsection (a), the Secretary shall make a determination
regarding the eligibility of the applicant, based on whether the
applicant meets the requirements of section 403(a).
``(c) Disbursement.--The Secretary shall begin disbursement of the
proceeds of a loan under this title to an eligible applicant not later
than 7 days after the date on which the Secretary receives a disbursal
request from the applicant, upon a determination of the Secretary that
the applicant is eligible under subsection (b).

``SEC. 406. TERMS AND CONDITIONS.

``(a) Term to Maturity.--The term to maturity of any loan made
under this title shall be 10 years, or such longer period as the
Secretary may determine with respect to such loan.
``(b) Rate of Interest.--The annual rate of interest for a loan
under this title shall be--
``(1) 5 percent during the 5-year period beginning on the
date on which the Secretary disburses the loan; and
``(2) 9 percent after the end of the period described in
paragraph (1).
``(c) Warrants and Debt Instruments.--The Secretary may not make a
loan under this title unless the Secretary receives from the automobile
manufacturer or component supplier a warrant or senior debt instrument
made in accordance with the requirements for a warrant or senior debt
instrument by a financial institution under section 113(d).
``(d) No Prepayment Penalty.--A loan made under this title shall be
prepayable without penalty at any time.
``(e) Executive Compensation.--
``(1) Standards required.--The Secretary shall require any
recipient of a loan under this title to meet appropriate
standards for executive compensation and corporate governance.
``(2) Specific requirements.--The standards established
under paragraph (1) shall include the following:
``(A) Limits on compensation that exclude
incentives for senior executive officers of a recipient
of a loan under this title to take unnecessary and
excessive risks that threaten the value of such
recipient during the period that the loan is
outstanding.
``(B) A provision for the recovery by such
recipient of any bonus or incentive compensation paid
to a senior executive officer based on statements of
earnings, gains, or other criteria that are later found
to be materially inaccurate.
``(C) A prohibition on such recipient making any
golden parachute payment to a senior executive officer
during the period that the loan under this title is
outstanding.
``(D) A prohibition on such recipient paying or
accruing any bonus or incentive compensation during the
period that the loan is outstanding to any executive
whose annual base compensation exceeds $250,000 (which
amount shall be adjusted by the Secretary for
inflation).
``(E) A prohibition on any compensation plan that
could encourage manipulation of the reported earnings
of the recipient to enhance the compensation of any of
its employees.
``(3) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Senior executive officer.--The term `senior
executive officer' means an individual who is 1 of the
top 5 most highly paid executives of a public company,
whose compensation is required to be disclosed pursuant
to the Securities Exchange Act of 1934, and any
regulations issued thereunder, and non-public company
counterparts.
``(B) Golden parachute payment.--The term `golden
parachute payment' means any payment to a senior
executive officer for departure from a company for any
reason.
``(f) Prohibition on Payment of Dividends.--No common stock
dividends may be paid by any recipient of a loan under this title for
the duration of the loan.
``(g) Other Interests Subordinated.--Any obligation or liability of
a recipient of a loan under this title to any person shall be
subordinate to the liability and obligation of the recipient for such
loan.

``SEC. 407. OVERSIGHT.

``(a) In General.--The provisions of sections 105, 116, 121, and
125 shall apply with respect to any loans made under this title, to the
extent possible, in the same manner and to the same extent as such
sections apply to transactions made under the authority of title I.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents in section
1(b) of the Emergency Economic Stabilization Act of 2008
(division A of Public Law 110-343) is amended--
(A) by inserting after the item relating to section
3 the following new item:

``Sec. 4. References.''
; and
(B) by adding at the end the following:

``TITLE IV--DIRECT BRIDGE LOAN PROVISIONS

``Sec. 401. Findings.
``Sec. 402. Purposes.
``Sec. 403. Emergency direct loan program.
``Sec. 404. Funding from third tranche; treatment of loan amounts.
``Sec. 405. Timing of disbursements.
``Sec. 406. Terms and conditions.
``Sec. 407. Oversight.''
; and
(2) References.--The Emergency Economic Stabilization Act
of 2008 (division A of Public Law 110-343) is amended by
inserting after section 3 the following new section:

``SEC. 4. REFERENCES.

``Any reference--
``(1) in this division to `this Act' or any subdivision
thereof is a reference to this division A or any subdivision
thereof;
``(2) in division (B) to `this Act' or any subdivision
thereof is a reference to division B or any subdivision
thereof; and
``(3) in division (C) to `this Act' or any subdivision
thereof is a reference to division C or any subdivision
thereof.''.

TITLE VII--AUTO SALES TAX DEDUCTIONS

SECTION 7001. ABOVE-THE-LINE DEDUCTION FOR INTEREST ON INDEBTEDNESS
WITH RESPECT TO THE PURCHASE OF CERTAIN MOTOR VEHICLES.

(a) In General.--Paragraph (2) of section 163(h) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of subparagraph (E),
(2) by striking the period at the end of subparagraph (F)
and inserting ``, and'', and
(3) by adding at the end the following new subparagraph:
``(G) any qualified motor vehicle interest (within
the meaning of paragraph (5).''.
(b) Qualified Motor Vehicle Interest.--Section 163(h) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(5) Qualified motor vehicle interest.--For purposes of
this subsection--
``(A) In general.--The term `qualified motor
vehicle interest' means any interest which is paid or
accrued during the taxable year on any indebtedness
which--
``(i) is incurred after November 12, 2008,
and before January 1, 2010, in acquiring any
qualified motor vehicle of the taxpayer, and
``(ii) is secured by such qualified motor
vehicle.
Such term also includes any indebtedness secured by
such qualified motor vehicle resulting from the
refinancing of indebtedness meeting the requirements of
the preceding sentence (or this sentence); but only to
the extent the amount of the indebtedness resulting
from such refinancing does not exceed the amount of the
refinanced indebtedness.
``(B) Dollar limitation.--The aggregate amount of
indebtedness treated as described in subparagraph (A)
for any period shall not exceed $49,500 ($24,750 in the
case of a separate return by a married individual).
``(C) Income limitation.--The amount otherwise
treated as interest under subparagraph (A) for any
taxable year (after the application of subparagraph
(B)) shall be reduced (but not below zero) by the
amount which bears the same ratio to the amount which
is so treated as--
``(i) the excess (if any) of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $125,000 ($250,000 in the
case of a joint return), bears to
``(ii) $10,000.
For purposes of the preceding sentence, the term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(D) Qualified motor vehicle.--The term `qualified
motor vehicle' means a passenger automobile (within the
meaning of section 30B(h)(3)) or a light truck (within
the meaning of such section)--
``(i) which is acquired for use by the
taxpayer and not for resale after November 12,
2008, and before January 1, 2010,
``(ii) the original use of which commences
with the taxpayer, and
``(iii) which has a gross vehicle weight
rating of not more than 8,500 pounds.''.
(c) Deduction Allowed Above-the-Line.--Section 62(a) of the
Internal Revenue Code of 1986 is amended by inserting after paragraph
(21) the following new paragraph:
``(22) Qualified motor vehicle interest.--The deduction
allowed under section 163 by reason of subsection (h)(2)(G)
thereof.''.
(d) Reporting of Qualified Motor Vehicle Interest.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:

``SEC. 6050X. RETURNS RELATING TO QUALIFIED MOTOR VEHICLE INTEREST
RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS.

``(a) Qualified Motor Vehicle Interest.--Any person--
``(1) who is engaged in a trade or business, and
``(2) who, in the course of such trade or business,
receives from any individual interest aggregating $600 or more
for any calendar year on any indebtedness secured by a
qualified motor vehicle (as defined in section 163(h)(5)(D)),
shall make the return described in subsection (b) with respect to each
individual from whom such interest was received at such time as the
Secretary may by regulations prescribe.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe,
``(2) contains--
``(A) the name and address of the individual from
whom the interest described in subsection (a)(2) was
received,
``(B) the amount of such interest received for the
calendar year, and
``(C) such other information as the Secretary may
prescribe.
``(c) Application to Governmental Units.--For purposes of
subsection (a)--
``(1) Treated as persons.--The term `person' includes any
governmental unit (and any agency or instrumentality thereof).
``(2) Special rules.--In the case of a governmental unit or
any agency or instrumentality thereof--
``(A) subsection (a) shall be applied without
regard to the trade or business requirement contained
therein, and
``(B) any return required under subsection (a)
shall be made by the officer or employee appropriately
designated for the purpose of making such return.
``(d) Statements to Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return a written statement showing--
``(1) the name, address, and phone number of the
information contact of the person required to make such return,
and
``(2) the aggregate amount of interest described in
subsection (a)(2) received by the person required to make such
return from the individual to whom the statement is required to
be furnished.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) was required to be made.
``(e) Returns Which Would Be Required to Be Made by 2 or More
Persons.--Except to the extent provided in regulations prescribed by
the Secretary, in the case of interest received by any person on behalf
of another person, only the person first receiving such interest shall
be required to make the return under subsection (a).''.
(2) Amendments relating to penalties.--
(A) Section 6721(e)(2)(A) of such Code is amended
by striking ``or 6050L'' and inserting ``6050L, or
6050X''.
(B) Section 6722(c)(1)(A) of such Code is amended
by striking ``or 6050L(c)'' and inserting ``6050L(c),
or 6050X(d)''.
(C) Subparagraph (B) of section 6724(d)(1) of such
Code is amended by redesignating clauses (xvi) through
(xxii) as clauses (xvii) through (xxiii), respectively,
and by inserting after clause (xii) the following new
clause:
``(xvi) section 6050X (relating to returns
relating to qualified motor vehicle interest
received in trade or business from
individuals),''.
(D) Paragraph (2) of section 6724(d) of such Code
is amended by striking the period at the end of
subparagraph (DD) and inserting ``, or'' and by
inserting after subparagraph (DD) the following new
subparagraph:
``(EE) section 6050X(d) (relating to returns
relating to qualified motor vehicle interest received
in trade or business from individuals).''.
(3) Clerical amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6050W
the following new item:

``Sec. 6050X. Returns relating to qualified motor vehicle interest
received in trade or business from
individuals.''.

SEC. 7002. ABOVE-THE-LINE DEDUCTION FOR STATE SALES TAX AND EXCISE TAX
ON THE PURCHASE OF CERTAIN MOTOR VEHICLES.

(a) In General.--Subsection (a) of section 164 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (5) the
following new paragraph:
``(6) Qualified motor vehicle taxes.''.
(b) Qualified Motor Vehicle Taxes.--Subsection (b) of section 164
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Qualified motor vehicle taxes.--
``(A) In general.--For purposes of this section,
the term `qualified motor vehicle taxes' means any
State and local sales or excise tax imposed on the
purchase of a qualified motor vehicle (as defined in
section 163(h)(5)(D)).
``(B) Income limitation.--The amount otherwise
taken into account under subparagraph (A) for any
taxable year shall be reduced (but not below zero) by
the amount which bears the same ratio to the amount
which is so treated as--
``(i) the excess (if any) of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $125,000 ($250,000 in the
case of a joint return), bears to
``(ii) $10,000.
For purposes of the preceding sentence, the term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(C) Qualified motor vehicle taxes not included in
cost of acquired property.--The last sentence of
subsection (a) shall not apply to any qualified motor
vehicle taxes.
``(D) Coordination with general sales tax.--This
paragraph shall not apply in the case of a taxpayer who
makes an election under paragraph (5) for the taxable
year.''.
(c) Conforming Amendments.--Paragraph (5) of section 163(h) of the
Internal Revenue Code of 1986, as added by section 1, is amended--
(1) by adding at the end the following new subparagraph:
``(E) Exclusion.--If the indebtedness described in
subparagraph (A) includes the amounts of any State
sales or excise taxes paid or accrued by the taxpayer
in connection with the acquisition of a qualified motor
vehicle, the aggregate amount of such indebtedness
taken into account under such subparagraph shall be
reduced, but not below zero, by the amount of any such
taxes for which a deduction is allowed under section
164(a) by reason of paragraph (6) thereof.'', and
(2) by inserting ``, after the application of subparagraph
(E),'' after ``for any period'' in subparagraph (B).
(d) Deduction Allowed Above-the-Line.--Section 62(a) of the
Internal Revenue Code of 1986, as amended by section 1, is amended by
inserting after paragraph (22) the following new paragraph:
``(23) Qualified motor vehicle taxes.--The deduction
allowed under section 164 by reason of subsection (a)(6)
thereof.''.

TITLE VIII

GENERAL PROVISIONS--THIS ACT

emergency designation

Sec. 8001. Each amount in this Act is designated as an emergency
requirement and necessary to meet emergency needs pursuant to section
204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S.
Con. Res. 70 (110th Congress), the concurrent resolutions on the budget
for fiscal years 2008 and 2009.

availability

Sec. 8002. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
This Act may be cited as the ``Economic Recovery Act of 2008''.
Calendar No. 122

110th CONGRESS

2d Session

S. 3689

_______________________________________________________________________

A BILL

Making supplemental appropriations for job creation and preservation,
infrastructure investment, and economic and energy assistance for the
fiscal year ending September 30, 2009, and for other purposes.

_______________________________________________________________________

November 18, 2008

Read the second time and placed on the calendar