[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7110 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 124
110th CONGRESS
  2d Session
                                H. R. 7110


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 17), 2008

                                Received

           November 17 (legislative day, September 17), 2008

                          Read the first time

                           November 18, 2008

Read the second time and placed on the calendar under authority of the 
  order of the Senate of November 17 (legislative day, September 17), 
                                  2008

_______________________________________________________________________

                                 AN ACT


 
 Making supplemental appropriations for job creation and preservation, 
 infrastructure investment, and economic and energy assistance for the 
     fiscal year ending 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 INVESTMENTS

                       CHAPTER 1--TRANSPORTATION

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                       grants-in-aid for airports

                    (airport and airway trust fund)

    For an additional amount for ``Grants-in-Aid for Airports'', to 
enable the Secretary of Transportation to make discretionary grants as 
authorized by subchapter I of chapter 471 and subchapter I of chapter 
475 of title 49, United States Code, $600,000,000, to be derived from 
the Airport and Airway Trust Fund and to remain available until 
September 30, 2009: Provided, That in selecting projects to be funded, 
priority shall be given to airport projects that can award contracts 
based on bids within 120 days of enactment of this Act.

                     Federal Highway Administration

                   highway infrastructure investment

    For projects and activities eligible under section 133 of title 23, 
United States Code (without regard to subsection (d)), section 144 of 
such title (without regard to subsection (g)), and sections 103, 119, 
148, and 149 of such title, $12,800,000,000, to remain available until 
September 30, 2009: Provided, That funds made available under this 
heading shall be distributed among the States, including Puerto Rico, 
American Samoa, Guam, the Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands, in the same ratio as the obligation 
limitation for fiscal year 2008 was distributed among the States in 
accordance with the formula specified in section 120(a)(6) of division 
K of Public Law 110-161, but, in the case of the Puerto Rico Highway 
Program and the Territorial Highway Program, under section 120(a)(5) of 
such division: Provided further, That in selecting projects to be 
funded, priority shall be given to ready-to-go projects that can award 
bids within 120 days of enactment of this Act: Provided further, That 
funds made available under this heading shall be administered as if 
apportioned under chapter 1 of title 23, United States Code: Provided 
further, That the Federal share payable on account of any project or 
activity carried out with funds made available under this heading shall 
be 100 percent of the total cost thereof: Provided further, That 
amounts made available under this heading that are not obligated within 
180 days after the date of enactment of this Act shall be 
redistributed, in the manner described in section 120(c) of division K 
of Public Law 110-161, to those States able to obligate amounts in 
addition to those previously distributed: 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.

                    Federal Railroad Administration

  capital and debt service grants to the national railroad passenger 
                              corporation

    For an additional amount for ``Capital and Debt Service Grants to 
the National Railroad Passenger Corporation'', $500,000,000, to remain 
available until September 30, 2009: Provided, That the Secretary of 
Transportation may retain up to one-quarter of 1 percent of the funds 
made available under this heading to fund the oversight by the Federal 
Railroad Administration of the design and implementation of capital 
projects funded by grants made under this heading: Provided further, 
That none of the funds made available under this heading may be used to 
subsidize operating losses of Amtrak: Provided further, That none of 
the funds made available under this heading shall be for debt service 
obligations: Provided further, That in selecting projects to be funded, 
priority shall be given to Amtrak capital projects that can award 
contracts based on bids within 120 days of enactment of this Act.

                     Federal Transit Administration

                       transit capital assistance

    For transit capital assistance grants, $3,600,000,000, to remain 
available until September 30, 2009, of which $3,240,000,000 shall be 
for grants under section 5307 of title 49, United States Code and shall 
be apportioned in accordance with section 5336 of such title (other 
than subsections (i)(1) and (j)) but may not be combined or commingled 
with any other funds apportioned under such section 5336, and of which 
$360,000,000 shall be for grants under section 5311 of such title and 
shall be apportioned in accordance with such section 5311 but may not 
be combined or commingled with any other funds apportioned under that 
section: Provided, That in selecting projects to be funded, priority 
shall be given to projects that can award contracts based on bids 
within 120 days of enactment of this Act: Provided further, That the 
Federal share of the costs for which a grant is made under this heading 
shall be 100 percent.

                    transit energy assistance grants

    For transit energy assistance grants, $1,000,000,000, to remain 
available until September 30, 2009, of which $800,000,000 shall be for 
grants under section 5307 of title 49, United States Code and shall be 
apportioned in accordance with section 5336 of such title (other than 
subsections (i)(1) and (j)) but may not be combined or commingled with 
any other funds apportioned under such section 5336, and of which 
$200,000,000 shall be for grants under section 5311 of such title and 
shall be apportioned in accordance with such section 5311 but may not 
be combined or commingled with any other funds apportioned under that 
section: Provided, That the Federal share of the costs for which a 
grant is made under this heading shall be 100 percent: Provided 
further, That notwithstanding such sections 5307 and 5311, funds 
appropriated under this heading are available for only one or more of 
the following purposes:
            (1) If the recipient of the grant is reducing, or certifies 
        to the Secretary of Transportation within the time the 
        Secretary prescribes that, during the term of the grant, the 
        recipient will reduce, one or more fares the recipient charges 
        for public transportation, or in the case of subsection (f) of 
        such section 5311, intercity bus service, those operating costs 
        of equipment and facilities being used to provide the public 
        transportation, or in the case of subsection (f) of such 
        section 5311, intercity bus service, that the recipient is no 
        longer able to pay from the revenues derived from such fare or 
        fares as a result of such reduction.
            (2) If the recipient of the grant is expanding, or 
        certifies to the Secretary within the time the Secretary 
        prescribes that, during the term of the grant, the recipient 
        will expand, public transportation service, or in the case of 
        subsection (f) of such section 5311, intercity bus service, 
        those operating and capital costs of equipment and facilities 
        being used to provide the public transportation service, or in 
        the case of subsection (f) of such section 5311, intercity bus 
        service, that the recipient incurs as a result of the expansion 
        of such service.
            (3) To avoid increases in fares for public transportation, 
        or in the case of subsection (f) of such section 5311, 
        intercity bus service, or decreases in current public 
        transportation service, or in the case of subsection (f) of 
        such section 5311, intercity bus service, that would otherwise 
        result from an increase in costs to the public transportation 
        or intercity bus agency for transportation-related fuel or 
        meeting additional transportation-related equipment or facility 
        maintenance needs, if the recipient of the grant certifies to 
        the Secretary within the time the Secretary prescribes that, 
        during the term of the grant, the recipient will not increase 
        the fares that the recipient charges for public transportation, 
        or in the case of subsection (f) of such section 5311, 
        intercity bus service, or, will not decrease the public 
        transportation service, or in the case of subsection (f) of 
        such section 5311, intercity bus service, that the recipient 
        provides.
            (4) If the recipient of the grant is acquiring, or 
        certifies to the Secretary within the time the Secretary 
        prescribes that, during the term of the grant, the recipient 
        will acquire, clean fuel or alternative fuel vehicle-related 
        equipment or facilities for the purpose of improving fuel 
        efficiency, the costs of acquiring the equipment or facilities.
            (5) If the recipient of the grant is establishing or 
        expanding, or certifies to the Secretary within the time the 
        Secretary prescribes that, during the term of the grant, the 
        recipient will establish or expand, commuter matching services 
        to provide commuters with information and assistance about 
        alternatives to single occupancy vehicle use, those 
        administrative costs in establishing or expanding such 
        services.

                         CHAPTER 2--CLEAN WATER

                    ENVIRONMENTAL PROTECTION AGENCY

                   State and Tribal Assistance Grants

    For an additional amount for ``State and Tribal Assistance 
Grants'', $7,500,000,000, to remain available until September 30, 2009, 
for capitalization grants for State revolving funds, which shall be 
used as follows:
            (1) $6,500,000,000 shall be for making capitalization 
        grants for the Clean Water State Revolving Funds under title VI 
        of the Federal Water Pollution Control Act, except that the 
        funds shall not be subject to the state matching requirements 
        in paragraphs (2) and (3) of section 602(b) of such Act.
            (2) $1,000,000,000 shall be for capitalization grants for 
        the Drinking Water State Revolving Funds under section 1452 of 
        the Safe Drinking Water Act, except that the funds shall not be 
        subject to the state matching requirements of section 1452(e) 
        of such Act:
Provided, That a State shall agree to enter into binding commitments 
with the funds appropriated under this heading no later than 120 days 
after the date on which the State receives the funds: Provided further, 
That, notwithstanding the limitation on amounts specified in section 
518(c) of the Federal Water Pollution Control Act, up to a total of 1.5 
percent of the funds made available under paragraph (1) of this heading 
may be reserved by the Administrator of the Environmental Protection 
Agency for grants under section 518(c) of such Act: Provided further, 
That section 1452(k) of the Safe Drinking Water Act shall not apply to 
amounts made available under this heading.

              CHAPTER 3--FLOOD CONTROL AND WATER RESOURCES

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              construction

    For an additional amount for ``Construction'', $2,500,000,000, to 
remain available until September 30, 2010: Provided, That funds 
appropriated under this heading shall not be derived from the Inland 
Waterways Trust Fund: Provided further, That the Corps of Engineers is 
directed to prioritize funding for activities based on the ability to 
accelerate existing contracts or fully fund project elements and 
contracts for such elements in a time period of 2 years after the date 
of enactment of this Act and to give preference to those activities 
that are labor intensive.

                   mississippi river and tributaries

    For an additional amount for ``Mississippi River and Tributaries'', 
$500,000,000, to remain available until September 30, 2010: Provided, 
That the Corps of Engineers is directed to prioritize funding for 
activities based on the ability to accelerate existing contracts or 
fully fund project elements and contracts for such elements in a time 
period of 2 years after the date of enactment of this Act and to give 
preference to those activities that are labor intensive.

                       operation and maintenance

    For an additional amount for ``Operation and Maintenance'', 
$2,000,000,000, to remain available until September 30, 2010: Provided, 
That the Corps of Engineers is directed to prioritize funding for 
activities based on the ability to accelerate existing contracts or 
fully fund project elements and contracts for such elements in a time 
period of 2 years after the date of enactment of this Act and to give 
preference to those activities that are labor intensive.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      water and related resources

    For an additional amount for ``Water and Related Resources'', 
$300,000,000, to remain available until September 30, 2010: Provided, 
That such sums shall be used for capital improvement projects, 
including authorized rural water projects: Provided further, That of 
the amount appropriated under this heading, $126,000,000 shall be used 
for water reclamation and reuse projects authorized under title XVI of 
Public Law 102-575.

 CHAPTER 4--21ST CENTURY GREEN HIGH-PERFORMING PUBLIC SCHOOL FACILITIES

                        DEPARTMENT OF EDUCATION

              School Modernization, Renovation, and Repair

     For carrying out section 1401, $3,000,000,000, to remain available 
through September 30, 2009.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1401. (a) Definitions.--In this section:
            (1) The term ``Bureau-funded school'' has the meaning given 
        to such term in section 1141 of the Education Amendments of 
        1978 (25 U.S.C. 2021).
            (2) The term ``charter school'' has the meaning given such 
        term in section 5210 of the Elementary and Secondary Education 
        Act of 1965.
            (3) The term ``local educational agency''--
                    (A) has the meaning given to that term in section 
                9101 of the Elementary and Secondary Education Act of 
                1965, and shall also include the Recovery School 
                District of Louisiana and the New Orleans Public 
                Schools; and
                    (B) includes any public charter school that 
                constitutes a local educational agency under State law.
            (4) The term ``outlying area''--
                    (A) means the United States Virgin Islands, Guam, 
                American Samoa, and the Commonwealth of the Northern 
                Mariana Islands; and
                    (B) includes the freely associated states of the 
                Republic of the Marshall Islands, the Federated States 
                of Micronesia, and the Republic of Palau.
            (5) The term ``public school facilities'' includes charter 
        schools.
            (6) The term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.
            (7) The term ``LEED Green Building Rating System'' means 
        the United States Green Building Council Leadership in Energy 
        and Environmental Design green building rating standard 
        referred to as the LEED Green Building Rating System.
            (8) The term ``Energy Star'' means the Energy Star program 
        of the United States Department of Energy and the United States 
        Environmental Protection Agency.
            (9) The term ``CHPS Criteria'' means the green building 
        rating program developed by the Collaborative for High 
        Performance Schools.
            (10) The term ``Green Globes'' means the Green Building 
        Initiative environmental design and rating system referred to 
        as Green Globes.
    (b) Purpose.--Grants under this section shall be for the purpose of 
modernizing, renovating, or repairing public school facilities, based 
on their need for such improvements, to be safe, healthy, high-
performing, and up-to-date technologically.
    (c) Allocation of Funds.--
            (1) Reservation.--From the amount appropriated to carry out 
        this section, the Secretary of Education shall reserve 1 
        percent of such amount, consistent with the purpose described 
        in subsection (b)--
                    (A) to provide assistance to the outlying areas; 
                and
                    (B) for payments to the Secretary of the Interior 
                to provide assistance to Bureau-funded schools.
            (2) Allocation to states.--
                    (A) State-by-state allocation.--Of the amount 
                appropriated to carry out this section, and not 
                reserved under paragraph (1), each State shall be 
                allocated an amount in proportion to the amount 
                received by all local educational agencies in the State 
                under part A of title I of the Elementary and Secondary 
                Education Act of 1965 for fiscal year 2008 relative to 
                the total amount received by all local educational 
                agencies in every State under such part for such fiscal 
                year.
                    (B) State administration.--A State may reserve up 
                to 1 percent of its allocation under subparagraph (A) 
                to carry out its responsibilities under this section, 
                including--
                            (i) providing technical assistance to local 
                        educational agencies;
                            (ii) developing, within 6 months of 
                        receiving its allocation under subparagraph 
                        (A), a plan to develop a database that includes 
                        an inventory of public school facilities in the 
                        State and the modernization, renovation, and 
                        repair needs of, energy use by, and the carbon 
                        footprint of such schools; and
                            (iii) developing a school energy efficiency 
                        quality plan.
                    (C) Grants to local educational agencies.--From the 
                amount allocated to a State under subparagraph (A), 
                each local educational agency in the State that meets 
                the requirements of section 1112(a) of the Elementary 
                and Secondary Education Act of 1965 shall receive an 
                amount in proportion to the amount received by such 
                local educational agency under part A of title I of 
                that Act for fiscal year 2008 relative to the total 
                amount received by all local educational agencies in 
                the State under such part for such fiscal year, except 
                that no local educational agency that received funds 
                under part A of title I of that Act for such fiscal 
                year shall receive a grant of less than $5,000.
                    (D) Special rule.--Section 1122(c)(3) of the 
                Elementary and Secondary Education Act of 1965 shall 
                not apply to subparagraph (A) or (C).
            (3) Special rules.--
                    (A) Distributions by secretary.--The Secretary of 
                Education shall make and distribute the reservations 
                and allocations described in paragraphs (1) and (2) not 
                later than 30 days after the date of the enactment of 
                this Act.
                    (B) Distributions by states.--A State shall make 
                and distribute the allocations described in paragraph 
                (2)(C) within 30 days of receiving such funds from the 
                Secretary.
    (d) Allowable Uses of Funds.--A local educational agency receiving 
a grant under this section shall use the grant for modernization, 
renovation, or repair of public school facilities, including--
            (1) repairing, replacing, or installing roofs, including 
        extensive, intensive or semi-intensive green roofs, electrical 
        wiring, plumbing systems, sewage systems, lighting systems, or 
        components of such systems, windows, or doors, including 
        security doors;
            (2) repairing, replacing, or installing heating, 
        ventilation, air conditioning systems, or components of such 
        systems (including insulation), including indoor air quality 
        assessments;
            (3) bringing public schools into compliance with fire, 
        health, and safety codes, including professional installation 
        of fire/life safety alarms, including modernizations, 
        renovations, and repairs that ensure that schools are prepared 
        for emergencies, such as improving building infrastructure to 
        accommodate security measures;
            (4) modifications necessary to make public school 
        facilities accessible to comply with the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 
        504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), except 
        that such modifications shall not be the primary use of the 
        grant;
            (5) asbestos or polychlorinated biphenyls abatement or 
        removal from public school facilities;
            (6) implementation of measures designed to reduce or 
        eliminate human exposure to lead-based paint hazards through 
        methods including interim controls, abatement, or a combination 
        of each;
            (7) implementation of measures designed to reduce or 
        eliminate human exposure to mold or mildew;
            (8) upgrading or installing educational technology 
        infrastructure to ensure that students have access to up-to-
        date educational technology;
            (9) modernization, renovation, or repair of science and 
        engineering laboratory facilities, libraries, and career and 
        technical education facilities, including those related to 
        energy efficiency and renewable energy, and improvements to 
        building infrastructure to accommodate bicycle and pedestrian 
        access;
            (10) renewable energy generation and heating systems, 
        including solar, photovoltaic, wind, geothermal, or biomass, 
        including wood pellet, systems or components of such systems;
            (11) other modernization, renovation, or repair of public 
        school facilities to--
                    (A) improve teachers' ability to teach and 
                students' ability to learn;
                    (B) ensure the health and safety of students and 
                staff;
                    (C) make them more energy efficient; or
                    (D) reduce class size; and
            (12) required environmental remediation related to public 
        school modernization, renovation, or repair described in 
        paragraphs (1) through (11).
    (e) Impermissible Uses of Funds.--No funds received under this 
section may be used for--
            (1) payment of maintenance costs; or
            (2) stadiums or other facilities primarily used for 
        athletic contests or exhibitions or other events for which 
        admission is charged to the general public.
    (f) Supplement, Not Supplant.--A local educational agency receiving 
a grant under this section shall use such Federal funds only to 
supplement and not supplant the amount of funds that would, in the 
absence of such Federal funds, be available for modernization, 
renovation, or repair of public school facilities.
    (g) Prohibition Regarding State Aid.--A State shall not take into 
consideration payments under this section in determining the 
eligibility of any local educational agency in that State for State 
aid, or the amount of State aid, with respect to free public education 
of children.
    (h) Special Rule on Contracting.--Each local educational agency 
receiving a grant under this section shall ensure that, if the agency 
carries out modernization, renovation, or repair through a contract, 
the process for any such contract ensures the maximum number of 
qualified bidders, including local, small, minority, and women- and 
veteran-owned businesses, through full and open competition.
    (i) Special Rule on Use of Iron and Steel Produced in the United 
States.--
            (1) In general.--A local educational agency shall not 
        obligate or expend funds received under this section for a 
        project for the modernization, renovation, or repair of a 
        public school facility unless all of the iron and steel used in 
        such project is produced in the United States.
            (2) Exceptions.--The provisions of paragraph (1) shall not 
        apply in any case in which the local educational agency finds 
        that--
                    (A) their application would be inconsistent with 
                the public interest;
                    (B) iron and steel are not produced in the United 
                States in sufficient and reasonably available 
                quantities and of a satisfactory quality; or
                    (C) inclusion of iron and steel produced in the 
                United States will increase the cost of the overall 
                project contract by more than 25 percent.
    (j) Application of GEPA.--The grant program under this section is 
an applicable program (as that term is defined in section 400 of the 
General Education Provisions Act (20 U.S.C. 1221)) subject to section 
439 of such Act (20 U.S.C. 1232b).
    (k) Green Schools.--
            (1) In general.--A local educational agency shall use not 
        less than 25 percent of the funds received under this section 
        for public school modernization, renovation, or repairs that 
        are certified, verified, or consistent with any applicable 
        provisions of--
                    (A) the LEED Green Building Rating System;
                    (B) Energy Star;
                    (C) the CHPS Criteria;
                    (D) Green Globes; or
                    (E) an equivalent program adopted by the State or 
                another jurisdiction with authority over the local 
                educational agency.
            (2) Technical assistance.--The Secretary, in consultation 
        with the Secretary of Energy and the Administrator of the 
        Environmental Protection Agency, shall provide outreach and 
        technical assistance to States and school districts concerning 
        the best practices in school modernization, renovation, and 
        repair, including those related to student academic achievement 
        and student and staff health, energy efficiency, and 
        environmental protection.
    (l) Reporting.--
            (1) Reports by local educational agencies.--Local 
        educational agencies receiving a grant under this section shall 
        compile, and submit to the State educational agency (which 
        shall compile and submit such reports to the Secretary), a 
        report describing the projects for which such funds were used, 
        including--
                    (A) the number of public schools in the agency, 
                including the number of charter schools;
                    (B) the total amount of funds received by the local 
                educational agency under this section and the amount of 
                such funds expended, including the amount expended for 
                modernization, renovation, and repair of charter 
                schools;
                    (C) the number of public schools in the agency with 
                a metro-centric locale code of 41, 42, or 43 as 
                determined by the National Center for Education 
                Statistics and the percentage of funds received by the 
                agency under this section that were used for projects 
                at such schools;
                    (D) the number of public schools in the agency that 
                are eligible for schoolwide programs under section 1114 
                of the Elementary and Secondary Education Act of 1965 
                and the percentage of funds received by the agency 
                under this section that were used for projects at such 
                schools;
                    (E) the cost of each project, which, if any, of the 
                standards described in subsection (k)(1) the project 
                met, and any demonstrable or expected academic, energy, 
                or environmental benefits as a result of the project;
                    (F) if flooring was installed, whether--
                            (i) it was low- or no-VOC (Volatile Organic 
                        Compounds) flooring;
                            (ii) it was made from sustainable 
                        materials; and
                            (iii) use of flooring described in clause 
                        (i) or (ii) was cost effective; and
                    (G) the total number and amount of contracts 
                awarded, and the number and amount of contracts awarded 
                to local, small, minority-owned, women-owned, and 
                veteran-owned businesses.
            (2) Reports by secretary.--Not later than December 31, 
        2010, the Secretary of Education shall submit to the Committees 
        on Education and Labor and Appropriations of the House of 
        Representatives and the Committees on Health, Education, Labor, 
        and Pensions and Appropriations of the Senate a report on 
        grants made under this section, including the information 
        described in paragraph (1), the types of modernization, 
        renovation, and repair funded, and the number of students 
        impacted, including the number of students counted under 
        section 1113(a)(5) of the Elementary and Secondary Education 
        Act of 1965.

                           CHAPTER 5--HOUSING

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                      public housing capital fund

    For an additional amount for the ``Public Housing Capital Fund'' to 
carry out capital and management activities for public housing 
agencies, as authorized under section 9 of the United States Housing 
Act of 1937 (42 U.S.C. 1437g), $1,000,000,000, to remain available 
until September 30, 2009: Provided, That this additional amount shall 
be allocated to public housing agencies according to the same funding 
formula used for other amounts already made available in fiscal year 
2008, and not later than 120 days after enactment of this Act: Provided 
further, That in selecting projects to be funded, public housing 
agencies shall give priority to capital projects for which contract 
awards based on competitive bids can be executed within 120 days of 
enactment of this Act.

                     CHAPTER 6--ENERGY DEVELOPMENT

                          DEPARTMENT OF ENERGY

                 Energy Efficiency and Renewable Energy

    For an additional amount for ``Energy Efficiency and Renewable 
Energy'', $500,000,000, to remain available until September 30, 2009: 
Provided, That funds shall be available for expenses necessary for 
energy efficiency and renewable energy research and development and 
demonstration activities to accelerate the development of technologies 
that will diversify the nation's energy portfolio and contribute to a 
reliable, domestic energy supply.

              Electricity Delivery and Energy Reliability

    For an additional amount for ``Electricity Delivery and Energy 
Reliability'', $100,000,000, to remain available until September 30, 
2009: Provided, That funds shall be available for expenses necessary 
for electricity delivery and energy reliability activities to modernize 
the electric grid, enhance security and reliability of the energy 
infrastructure, and facilitate recovery from disruptions to the energy 
supply.

            Advanced Battery Loan Guarantee Program Account

    For the cost of guaranteed loans as authorized by section 135 of 
the Energy Independence and Security Act of 2007 (Public Law 110-140; 
42 U.S.C. 17012), $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: 
Provided further, That commitments for guaranteed loans using such 
amount shall not exceed $3,333,000,000 in total loan principal: 
Provided further, That the cost of such loans, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.

          TITLE II--UNEMPLOYMENT COMPENSATION AND JOB TRAINING

           CHAPTER 1--EXTENSION OF UNEMPLOYMENT COMPENSATION

                     additional first-tier benefits

    Sec. 2101.  Section 4002(b)(1) of the Supplemental Appropriations 
Act, 2008 (26 U.S.C. 3304 note) is amended--
            (1) in subparagraph (A), by striking ``50'' and inserting 
        ``80''; and
            (2) in subparagraph (B), by striking ``13'' and inserting 
        ``20''.

                          second-tier benefits

    Sec. 2102.  Section 4002 of the Supplemental 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.''.

                          phaseout provisions

    Sec. 2103.  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 August 27, 2009.''.

                             effective date

    Sec. 2104.  (a) In General.--The amendments made by this chapter 
shall apply as if included in the enactment of the Supplemental 
Appropriations Act, 2008, subject to subsection (b).
    (b) Additional Benefits.--In applying the amendments made by 
sections 2101 and 2102, any additional emergency unemployment 
compensation made payable by such amendments (which would not otherwise 
have been payable if such amendments had not been enacted) shall be 
payable only with respect to any week of unemployment beginning on or 
after the date of the enactment of this Act.

                        CHAPTER 2--JOB TRAINING

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For an additional amount for ``Training and Employment Services'' 
for activities under the Workforce Investment Act of 1998, 
$400,000,000, to remain available through June 30, 2009, of which 
$200,000,000 is for grants to the States for dislocated worker 
employment and training activities and $200,000,000 is for grants to 
the States for youth activities: Provided, That no portion of such 
funds shall be reserved to carry out section 127(b)(1)(A) or section 
128(a) of such Act: Provided further, That the work readiness 
performance indicator described in section 136(b)(2)(A)(ii)(I) of such 
Act shall be the only measure of performance used to assess the 
effectiveness of youth activities provided with such funds: Provided 
further, That, with respect to the youth activities provided with such 
funds, section 101(13)(A) of such Act shall be applied by substituting 
``age 24'' for ``age 21''.

     state unemployment insurance and employment service operations

    For an additional amount for ``State Unemployment Insurance and 
Employment Service Operations'' for grants to the States for 
reemployment services in accordance with section 6 of the Wagner-Peyser 
Act, $100,000,000, which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund, and which shall 
remain available through September 30, 2009: Provided, That, with 
respect to such funds, section 6(b)(1) of such Act shall be applied by 
substituting ``one-third'' for ``two-thirds'' in subparagraph (A), with 
the remaining one-third of the sums to be allotted in accordance with 
section 132(b)(2)(B)(ii)(III) of the Workforce Investment Act of 1998.

        TITLE III--TEMPORARY INCREASE IN MEDICAID MATCHING RATE

           temporary increase of medicaid fmap for 14 months

    Sec. 3001.  (a) Permitting Maintenance of Fiscal Year 2008 or 2009 
FMAP.--Subject to subsections (d), (e), and (f), if the FMAP determined 
without regard to this section for a State for--
            (1) fiscal year 2009 is less than the FMAP as so determined 
        for fiscal year 2008, the FMAP for the State for fiscal year 
        2008 shall be substituted for the State's FMAP for fiscal year 
        2009, before the application of this section; or
            (2) fiscal year 2010 is less than the FMAP as so determined 
        for fiscal year 2009, the FMAP for the State for fiscal year 
        2009 shall be substituted for the State's FMAP for fiscal year 
        2010, before the application of this section, but only for the 
        portion of the first calendar quarter in fiscal year 2010 
        before December 1, 2009.
    (b) General 1 Percentage Point Increase.--
            (1) In general.--Subject to subsections (d), (e), and (f), 
        for each State for fiscal year 2009 and the portion of the 
        first calendar quarter in fiscal year 2010 before December 1, 
        2009, the FMAP (taking into account the application of 
        subsection (a) and before the application of subsection (c)) 
        shall be increased by 1 percentage point.
            (2)  Increase in cap on Medicaid payments to territories.--
        Subject to subsections (e) and (f), with respect to fiscal year 
        2009 and with respect to fiscal year 2010 in proportion to the 
        portion of the fiscal year that occurs during the first 
        calendar quarter before December 1, 2009, the amounts 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 4 percent.
    (c) Additional Percentage Points Increase for Qualifying States.--
            (1) In general.--Subject to subsections (d), (e), and (f), 
        in the case of a State that is 1 of the 50 States or the 
        District of Columbia, if the State is awarded a total of--
                    (A) 3 or more points under paragraph (2) for a 
                calendar quarter in fiscal year 2009 or for the first 
                calendar quarter in fiscal year 2010, then for that 
                calendar quarter or, in the case the State is awarded 
                such points for the calendar quarter in fiscal year 
                2010, for the portion of such quarter before December 
                1, 2009, (and each succeeding calendar quarter, if any, 
                in fiscal year 2009 and the portion of the first 
                calendar quarter in fiscal year 2010 before December 1, 
                2009) the FMAP (taking into account the application of 
                subsections (a) and (b)(1)) shall be further increased 
                by 3 percentage points; or
                    (B) 2 points under paragraph (2) for a calendar 
                quarter in fiscal year 2009 or in the first calendar 
                quarter in fiscal year 2010 and has not been awarded 3 
                or more points under such paragraph for a previous 
                calendar quarter in fiscal year 2009, then for that 
                calendar quarter or, in the case the State is awarded 
                such points for the calendar quarter in fiscal year 
                2010, for the portion of such quarter before December 
                1, 2009, (and each succeeding calendar quarter, if any, 
                in fiscal year 2009 and the portion of the first 
                calendar quarter in fiscal year 2010 before December 1, 
                2009) the FMAP (taking into account the application of 
                subsections (a) and (b)(1)) shall be further increased 
                by 1 percentage point.
            (2) Awarding of points based on qualifying criteria.--For 
        purposes of paragraph (1), each State shall be awarded points 
        for a calendar quarter equal to the total of the points awarded 
        under each of the following subparagraphs:
                    (A) Reduction in employment.--
                            (i) In general.--A State shall be awarded 
                        under this subparagraph--
                                    (I) 2 points if the State's 
                                employment for the quarter decreased or 
                                if such employment for the quarter 
                                increased but by not more than 0.25 
                                percent; or
                                    (II) 1 point if the State's 
                                employment for the quarter increased by 
                                more than 0.25 percent but by less than 
                                2.0 percent.
                            (ii) Measurement of employment.--For 
                        purposes of clause (i), an increase or decrease 
                        in a State's employment for a quarter shall be 
                        measured by comparing--
                                    (I) the average total nonfarm 
                                employment for the State in the 3 most 
                                recent months, as determined based on 
                                the most recent monthly publications of 
                                the Current Employer Statistics Survey 
                                of the Bureau of Labor Statistics 
                                available as of the first day of the 
                                quarter; to
                                    (II) the average total nonfarm 
                                employment for the State in the same 
                                months two years earlier, as so 
                                determined.
                    (B)  Increase in food stamps or supplemental 
                nutrition assistance program participation.--
                            (i) In general.--A State shall be awarded 
                        under this subparagraph 1 point if the State's 
                        food stamp or Supplemental Nutrition Assistance 
                        Program participation for the quarter increased 
                        by more than 4 percent.
                            (ii) Food stamp or supplemental nutrition 
                        assistance program participation.--For purposes 
                        of clause (i), an increase in a State's food 
                        stamp or Supplemental Nutrition Assistance 
                        Program participation for a quarter shall be 
                        measured by comparing--
                                    (I) the average monthly 
                                participation by persons in food stamps 
                                or the Supplemental Nutrition 
                                Assistance Program under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 2011 et 
                                seq.) for the State in the 3 most 
                                recent months, as determined based on 
                                the most recent monthly publications of 
                                Food and Nutrition Service Data of the 
                                Department of Agriculture available as 
                                of the first day of the quarter, 
                                adjusted for participation in disaster 
                                programs under section 5(h) of the Food 
                                and Nutrition Act of 2008 (7. U.S.C. 
                                2014(h)); to
                                    (II) the average monthly 
                                participation by persons in food stamps 
                                or the Supplemental Nutrition 
                                Assistance Program for the State in the 
                                same months two years earlier, as so 
                                determined.
                    (C) Increase in foreclosures.--
                            (i) In general.--A State shall be awarded 
                        under this subparagraph --
                                    (I) 2 points if the State's 
                                foreclosure rate for the quarter 
                                increased by greater than 200 percent; 
                                or
                                    (II) 1 point if the State's 
                                foreclosure rate increased by greater 
                                than 60 percent, but not more than 200 
                                percent.
                            (ii) Foreclosure rate.--For purposes of 
                        clause (i), an increase in a State's 
                        foreclosure rate for a quarter shall be 
                        measured by comparing--
                                    (I) the percentage of total 
                                mortgages in foreclosure for the State 
                                for the most recent quarter, as 
                                determined by the Board of Governors of 
                                the Federal Reserve System based on the 
                                most recent satisfactory data available 
                                to such Board available as of the first 
                                day of the quarter; to
                                    (II) such percentage for the State 
                                for the same quarter two years earlier, 
                                as so determined.
    (d) Scope of Application.--The increases in the FMAP for a State 
under this section shall apply only for purposes of title XIX of the 
Social Security Act and shall not apply with respect to--
            (1) disproportionate share hospital payments described in 
        section 1923 of such Act (42 U.S.C. 1396r-4);
            (2) payments under title IV or XXI of such Act (42 U.S.C. 
        601 et seq. and 1397aa et seq.); or
            (3) any payments under title XIX of such Act that are based 
        on the enhanced FMAP described in section 2105(b) of such Act 
        (42 U.S.C. 1397ee(b)).
    (e) State Ineligibility.--
            (1) In general.--Subject to paragraph (2), a State is not 
        eligible for an increase in its FMAP under subsection (b)(1) or 
        (c), or an increase in a cap amount under subsection (b)(2), if 
        eligibility standards, methodologies, or procedures under its 
        State plan under title XIX of the Social Security Act 
        (including any waiver under such title or under section 1115 of 
        such Act (42 U.S.C. 1315)) are more restrictive than the 
        eligibility standards, methodologies, or procedures, 
        respectively, under such plan (or waiver) as in effect on July 
        1, 2008.
            (2) State reinstatement of eligibility permitted.--A State 
        that has restricted eligibility standards, methodologies, or 
        procedures under its State plan under title XIX of the Social 
        Security Act (including any waiver under such title or under 
        section 1115 of such Act (42 U.S.C. 1315)) after July 1, 2008, 
        is no longer ineligible under paragraph (1) beginning with the 
        first calendar quarter in which the State has reinstated 
        eligibility standards, methodologies, or procedures that are no 
        more restrictive than the eligibility standards, methodologies, 
        or procedures, respectively, under such plan (or waiver) as in 
        effect on July 1, 2008.
            (3) Rule of construction.--Nothing in paragraph (1) or (2) 
        shall be construed as affecting a State's flexibility with 
        respect to benefits offered under the State Medicaid program 
        under title XIX 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) 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 (b)(1) or (c), or an increase in a cap amount under 
subsection (b)(2), if it requires that such political subdivisions pay 
a greater percentage of the non-Federal share of such expenditures for 
fiscal year 2009, than the percentage that would have been required by 
the State under such plan on September 30, 2008, prior to application 
of this section.
    (g) Definitions.--In this section:
            (1) FMAP.--The term ``FMAP'' means the Federal medical 
        assistance percentage, as defined in section 1905(b) of the 
        Social Security Act (42 U.S.C. 1396d(b)).
            (2) State.--The term ``State'' has the 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 October 1, 2010, this section is 
repealed.

      adjustment in computation of medicaid fmap to disregard an 
              extraordinary employer pension contribution

    Sec. 3002.  (a) In General.--Only for purposes of computing the 
FMAP (as defined in subsection (e)) for a State for a fiscal year 
(beginning with fiscal year 2006) and applying the FMAP under title XIX 
of the Social Security Act, any significantly disproportionate employer 
pension or insurance fund contribution described in subsection (b) 
shall be disregarded in computing the per capita income of such State, 
but shall not be disregarded in computing the per capita income for the 
continental United States (and Alaska) and Hawaii.
    (b) Significantly Disproportionate Employer Pension and Insurance 
Fund Contribution.--
            (1) In general.--For purposes of this section, a 
        significantly disproportionate employer pension and insurance 
        fund contribution described in this subsection with respect to 
        a State is any identifiable employer contribution towards 
        pension or other employee insurance funds that is estimated to 
        accrue to residents of such State for a calendar year 
        (beginning with calendar year 2003) if the increase in the 
        amount so estimated exceeds 25 percent of the total increase in 
        personal income in that State for the year involved.
            (2) Data to be used.--For estimating and adjusting a FMAP 
        already calculated as of the date of the enactment of this Act 
        for a State with a significantly disproportionate employer 
        pension and insurance fund contribution, the Secretary of 
        Health and Human Services shall use the personal income data 
        set originally used in calculating such FMAP.
            (3) Special adjustment for negative growth.--If in any 
        calendar year the total personal income growth in a State is 
        negative, an employer pension and insurance fund contribution 
        for the purposes of calculating the State's FMAP for a calendar 
        year shall not exceed 125 percent of the amount of such 
        contribution for the previous calendar year for the State.
    (c) Hold Harmless.--No State shall have its FMAP for a fiscal year 
reduced as a result of the application of this section.
    (d) Report.--Not later than 3 months after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
submit to Congress a report on the problems presented by the current 
treatment of pension and insurance fund contributions in the use of 
Bureau of Economic Affairs calculations for the FMAP and for Medicaid 
and on possible alternative methodologies to mitigate such problems.
    (e) FMAP Defined.--For purposes of this section, the term ``FMAP'' 
means the Federal medical assistance percentage, as defined in section 
1905(b) of the Social Security Act (42 U.S.C. 1396(d)).

            TITLE IV--TEMPORARY INCREASE IN FOOD ASSISTANCE

    temporary increase in benefits under the supplemental nutrition 
                           assistance program

    Sec. 4001.  (a) Maximum Benefit Increase.--
            (1) In general.--Beginning the first month that begins not 
        less than 25 days after the date of enactment of this Act, the 
        value of benefits determined under section 8(a) of the Food and 
        Nutrition Act of 2008 and consolidated block grants for Puerto 
        Rico and American Samoa determined under section 19(a) of such 
        Act shall be calculated using 105 percent of the June 2008 
        value of the thrifty food plan as specified under section 3(o) 
        of such Act.
            (2) Termination.--The authority provided by this subsection 
        shall terminate after September 30, 2009.
    (b) Requirements for the Secretary.--In carrying out this section, 
the Secretary shall--
            (1) consider the benefit increases described in subsection 
        (a) to be a ``mass change'';
            (2) require a simple process for States to notify 
        households of the increase in benefits;
            (3) consider section 16(c)(3)(A) of the Food and Nutrition 
        Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors in 
        the implementation of this section, without regard to the 120-
        day limit described in that section; and
            (4) have the authority to take such measures as necessary 
        to ensure the efficient administration of the benefits provided 
        in this section.
    (c) State Administrative Expenses.--
            (1) In general.--For the costs of State administrative 
        expenses associated with carrying out this section, the 
        Secretary shall make available $50,000,000.
            (2) Availability of funds.--Funds described in paragraph 
        (1) shall be made available as grants to State agencies based 
        on each State's share of households that participate in the 
        Supplemental Nutrition Assistance Program as reported to the 
        Department of Agriculture for the 12-month period ending with 
        June, 2008.
    (d) Funding.--There is appropriated to the Secretary of Agriculture 
such sums as are necessary to carry out this section.

                      TITLE V--GENERAL PROVISIONS

                              short title

    Sec. 5001.  This Act may be cited as the ``Job Creation and 
Unemployment Relief Act of 2008''.

                              prohibition

    Sec. 5002.  Notwithstanding any other provision of this Act, none 
of the funds made available in this Act may be used to employ workers 
in violation of section 274A of the Immigration and Nationality Act (8 
U.S.C. 1324a).

                         emergency designation

    Sec. 5003.  Each amount in each title of this Act is designated as 
an emergency requirement and necessary to meet emergency needs pursuant 
to section 204(a) of S. Con. Res. 21 (110th Congress) and section 
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent 
resolutions on the budget for fiscal years 2008 and 2009.

                      supplemental appropriations

    Sec. 5004.  Unless otherwise expressly provided, each amount in 
this Act is made available in addition to amounts otherwise available 
for fiscal year 2009.

            Passed the House of Representatives September 26, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                       Calendar No. 124

110th CONGRESS

  2d Session

                               H. R. 7110

_______________________________________________________________________

                                 AN ACT

 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