[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9660-S9668]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Byrd):
  S. 3604. A bill making emergency supplemental appropriations for 
economic recovery for the fiscal year ending September 30, 2008, and 
for other purposes; read twice; to the Committee on Appropriations.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3604

       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, 2008, 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 borrowers for direct 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.


               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 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.


     DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM ACCOUNT

       For an additional amount for grants for distance learning 
     and telemedicine services in rural areas, as authorized by 7 
     U.S.C. 950aaa, et seq., $26,000,000, 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), $450,000,000, to 
     remain available through September 30, 2009.


               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, to remain available until September 30, 2009, 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, $30,000,000, to support additional food 
     purchases, to remain available until September 30, 2009.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 1101. (a) 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) None of the funds made available under this 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) 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.

                               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 remain 
     available until September 30, 2009, 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'', 
     $5,000,000, to remain available until September 30, 2009.

                       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, to remain available until September 30, 2009.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $100,000,000, to remain available 
     until September 30, 2009, 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

[[Page S9661]]

     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, 
     to remain available until September 30, 2009.

                                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, 
     $250,000,000, to remain available until September 30, 2009, 
     with such sums as determined by the Administrator of the 
     National Aeronautics and Space Administration as available 
     for transfer to ``Science'', ``Aeronautics'', 
     ``Exploration'', and ``Exploration Capabilities'' 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 remain available 
     until September 30, 2009, 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 
     rehabilitation of Corps of Engineers owned and operated 
     hydropower facilities and for other activities, $400,000,000, 
     to remain available until expended.


                       OPERATIONS AND MAINTENANCE

       For an additional amount for ``Operations and Maintenance'' 
     to dredge navigation channels that provide access to 
     significant energy infrastructure and for other maintenance 
     needs, $100,000,000, to remain available until expended.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      WATER AND RELATED RESOURCES

       For an additional amount for ``Water and Related 
     Resources'' for rehabilitation of Bureau of Reclamation owned 
     and operated hydropower facilities and for other purposes, 
     $50,000,000, to remain available until expended: Provided, 
     That up to $5,000,000 can be utilized by the Bureau of 
     Reclamation to initiate a canal safety program to assess the 
     condition of Reclamation water supply canals.

                          DEPARTMENT OF ENERGY

                 Energy Efficiency and Renewable Energy

       For an additional amount for ``Energy Efficiency and 
     Renewable Energy'', $1,100,000,000, 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, 
     $300,000,000 is directed to advance battery technology 
     research, development, and demonstration: Provided further, 
     That of the funds appropriated, $300,000,000 is directed to 
     competitively awarded local government and tribal technology 
     demonstration grants.

                   Non-Defense Environmental Cleanup

       For an additional amount for ``Non-Defense Environmental 
     Cleanup'', $120,000,000, to remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For an additional amount for ``Uranium Enrichment 
     Decontamination and Decommissioning Fund'', $120,000,000, to 
     remain available until expended, of which $20,000,000 shall 
     be available in accordance with title X, subtitle A, of the 
     Energy Policy Act of 1992.

                                Science

       For an additional amount for ``Science'', $150,000,000, to 
     remain available until expended.

                    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'', $510,000,000, 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 March 
     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. In chapter 3 of title I of division B of H.R. 
     2638 (110th Congress) as enacted into law, the paragraph 
     under the heading ``Department of Defense--Civil, Department 
     of the Army, Corps of Engineers--Civil, Construction'' is 
     amended by--
       (1) Repealing the second proviso; and
       (2) By adding before the period the following: ``: Provided 
     further, That the Secretary is directed to provide 
     $1,500,000,000 of the funds appropriated under this heading 
     to fund levee and flood protection repairs, restoration, 
     improvements and critical coastal restoration projects in the 
     State of Louisiana: Provided further, That funds shall be 
     expended in consultation with the State of Louisiana''.

                               CHAPTER 4

                       DEPARTMENT OF THE TREASURY

                      Office of Inspector General


                         SALARIES AND EXPENSES

       For an additional amount to be available until September 
     30, 2009, $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 $5,100,000 shall remain available until September 30, 
     2009, and 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, 2009, $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, 2009, $600,000 for grants in the amount of $200,000 to 
     veterans business resource centers that received grants from 
     the National Veterans Business Development Corporation in 
     fiscal years 2006 and 2007.

                     Business Loans Program Account

       For an additional amount for the cost of direct loans, 
     $1,000,000, to remain available until September 30, 2009; and 
     for an additional amount for the cost of guaranteed loans, 
     $200,000,000, to remain available until September 30, 2009: 
     Provided, That of the amount for the cost of guaranteed 
     loans, $152,000,000 shall be for loan subsidies and loan 
     modifications for loans to small business concerns authorized 
     under section 1401 of this Act; $34,000,000 shall be for the 
     increased veteran participation pilot program

[[Page S9662]]

     under paragraph (33) of section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)), as redesignated by section 1401 of 
     this Act; and $14,000,000 shall be for the energy efficient 
     technologies pilot program under section 7(a)(32) of the 
     Small Business Act (15 U.S.C. 636(a)(32)): 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) Reduction of Fees.--
       (1) In general.--Until September 30, 2009, and to the 
     extent the cost of such reduction in 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--
       (A) 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 an annual fee in an amount equal to a 
     maximum of .25 percent of the outstanding balance of the 
     deferred participation share of that loan;
       (B) 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 a guarantee fee in an amount equal to 
     a maximum of--
       (i) 1 percent of the deferred participation share of a 
     total loan amount that is not more than $150,000;
       (ii) 2.5 percent of the deferred participation share of a 
     total loan amount that is more than $150,000 and not more 
     than $700,000; and
       (iii) 3 percent of the deferred participation share of a 
     total loan amount that is more than $700,000; and
       (C) in lieu of the fee otherwise applicable under section 
     7(a)(18)(A)(iv) of the Small Business Act (15 U.S.C. 
     636(a)(18)(A)(iv)), collect no fee.
       (2) Implementation.--In carrying out this subsection, the 
     Administrator shall reduce the fees for a loan guaranteed 
     under section 7(a) of Small Business Act (15 U.S.C. 636(a)) 
     to the maximum extent possible, subject to the availability 
     of appropriations.
       (b) 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).
       (c) Application of Fee Reductions.--The Administrator shall 
     reduce the fees under subsection (a) for any loan guarantee 
     subject to such subsection for which the application is 
     approved on or after the date of enactment of this Act, until 
     the amount provided for such purpose under the heading 
     ``Business Loans Program Account'' under the heading ``Small 
     Business Administration'' under this Act is expended.
       (d) 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 
     proposed rule relating to women-owned small business Federal 
     contract assistance procedures published in the Federal 
     Register on December 27, 2007 (72 Fed. Reg. 73285 et seq.).

                               CHAPTER 5

                    DEPARTMENT OF HOMELAND SECURITY

              Office of the Under Secretary for Management

       For an additional amount for the ``Office of the Under 
     Secretary for Management'', $120,000,000, to remain available 
     until expended, solely for planning, design, and construction 
     costs to consolidate the Department of Homeland Security 
     headquarters.

                   U.S. Customs and Border Protection

       For an additional amount for ``Border Security, Fencing, 
     Infrastructure, and Technology'', $215,000,000, to remain 
     available until expended, for construction of border fencing 
     on the Southwest border.


                              CONSTRUCTION

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

                              Coast Guard


              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

       For an additional amount for ``Acquisition, Construction 
     and Improvements'' for the acquisition of a new polar 
     icebreaker or for necessary expenses related to the service 
     life extension of existing Coast Guard polar icebreakers, 
     $925,000,000, to remain available until expended.

                        Office of Health Affairs

       For an additional amount for the ``Office of Health 
     Affairs'', $27,000,000, to remain available until September 
     30, 2009, for the BioWatch environmental monitoring system.

                Federal Law Enforcement Training Center


     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

       For an additional amount for ``Acquisitions, 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

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

       For an additional amount for ``Science and Technology'', 
     $10,600,000, to remain available until September 30, 2010, 
     for urgent bio-defense research activities.

                     Hazardous Substance Superfund

       For an additional amount for ``Hazardous Substance 
     Superfund'', $24,165,000, to remain available until expended, 
     for urgent decontamination and laboratory response 
     activities.

                   State and Tribal Assistance Grants

       For an additional amount for ``State and Tribal Assistance 
     Grants'', $600,000,000, to remain available until expended, 
     for making capitalization grants for the Clean Water State 
     Revolving Funds under title VI of the Federal Water Pollution 
     Control Act, as amended.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1601. Secure Rural Schools Act Amendment. (a) For 
     fiscal year 2008, payments shall be made from any revenues, 
     fees, penalties, or miscellaneous receipts described in 
     sections 102(b)(3) and 103(b)(2) of the Secure Rural Schools 
     and Community Self-Determination Act of 2000 (Public Law 106-
     393; 16 U.S.C. 500 note), not to exceed $100,000,000, and the 
     payments shall be made, to the maximum extent practicable, in 
     the same amounts, for the same purposes, and in the same 
     manner as were made to States and counties in 2006 under that 
     Act.
       (b) There is appropriated $400,000,000, to remain available 
     until December 31, 2008, to be used to cover any shortfall 
     for payments made under this section from funds not otherwise 
     appropriated.
       (c) Titles II and III of Public Law 106-393 are amended, 
     effective September 30, 2006, by striking ``2007'' and 
     ``2008'' each place they appear and inserting ``2008'' and 
     ``2009'', respectively.
       Sec. 1602. 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 for the period April 1, 2008 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.

                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, to remain available through 
     September 30, 2009, 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'', 
     $1,200,000,000, which shall be transferred to the Institutes 
     and Centers of the National Institutes of Health and to the 
     Common Fund established under section

[[Page S9663]]

     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 
     these funds shall be available through September 30, 2009: 
     Provided further, That these 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 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: Provided, That these funds 
     shall remain available through September 30, 2009.

                        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, to remain available 
     through September 30, 2009: 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, to remain available through 
     September 30, 2009 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, $2,000,000,000, 
     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: Provided further, That these funds shall remain 
     available through September 30, 2009.

                    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,

[[Page S9664]]

     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),

[[Page S9665]]

     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

                           LEGISLATIVE BRANCH

                             CAPITOL POLICE

                            General Expenses

       For an additional amount for ``Capitol Police, General 
     Expenses'', $55,000,000 for costs associated with a radio 
     modernization system, to remain available until expended: 
     Provided, That the Chief of the Capitol Police may not 
     obligate any of the funds appropriated under this heading 
     without approval of an obligation plan by the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.

                               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, $400,000,000, to remain available until September 30, 
     2009: Provided, That the Secretary of Transportation shall 
     distribute funds provided under this heading as discretionary 
     grants to airports that demonstrate to 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 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, 
     $8,000,000,000, to remain available until September 30, 2009: 
     Provided, That such funds 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 90 days 
     of the date of their apportionment, and shall serve to 
     supplement and not supplant planned expenditures by States 
     and localities on such activities from other Federal, State, 
     and local sources: Provided further, That 90 days following 
     the date of such apportionment, the Secretary shall withdraw 
     and redistribute any unobligated funds utilizing whatever 
     method she deems appropriate to ensure that all funds 
     provided under this heading shall be obligated promptly: 
     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.

                    Federal Railroad Administration


    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, $350,000,000, to remain 
     available until September 30, 2009: 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, $2,000,000,000, to remain available until 
     September 30, 2009: 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 90 days of the date of their apportionment, 
     and shall serve to supplement and not supplant planned 
     expenditures by States and localities on such activities from 
     other Federal, State and local sources as well as transit 
     authority revenues: Provided further, That 90 days following 
     the date of such apportionment, the Secretary shall withdraw 
     and redistribute any unobligated funds utilizing whatever 
     method 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 her 
     satisfaction that such funds are necessary to continue 
     current services or expand such services to meet increased 
     ridership: 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, 
     $44,000,000, to remain available until September 30, 2009: 
     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 apportionment: Provided further, That not to exceed 2 
     percent of the funds appropriated under this heading shall be 
     available for necessary costs of grant administration.

              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, $250,000,000, to remain available until September 
     30, 2009: Provided, That in allocating discretionary grants 
     under this paragraph, the Secretary of Housing and Urban 
     Development shall give priority consideration to the 
     rehabilitation of vacant rental units: 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 or funds independently generated by the grantee: 
     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, to remain available until 
     September 30, 2009: 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 for grants to public housing 
     agencies or grantees participating in Continuums of Care 
     receiving assistance through existing Housing and Urban 
     Development programs, for the purpose of providing relocation 
     and temporary housing assistance to individuals and families 
     that

[[Page S9666]]

     reside in dwelling units that have been foreclosed upon, or 
     are in default and where foreclosure is imminent, 
     $200,000,000, to be available until September 30, 2009: 
     Provided, That the Secretary of Housing and Urban Development 
     shall allocate amounts made available under this heading to 
     grantees located in areas with the greatest number and 
     percentage of homes in default or delinquency and the 
     greatest number and percentage of homes in foreclosure: 
     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, $37,000,000, to remain available until 
     September 30, 2009: 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, to remain 
     available until September 30, 2009: 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.

           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 4 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 4.0 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 4.0 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

[[Page S9667]]

     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.

[[Page S9668]]

       (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

                      GENERAL PROVISIONS--THIS ACT


                         emergency designation

       Sec. 6001. 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.


                       coordination of provisions

       Sec. 6002. Unless otherwise expressly provided, each amount 
     in this Act is a supplemental appropriation for fiscal year 
     2008, or, if enacted after September 30, 2008, for fiscal 
     year 2009.
       This Act may be cited as the ``Economic Recovery Act, 
     2008''.
                                 ______