U.S. Congress - Text of S.3689 as Placed on Calendar Senate Economic Recovery Act of 2008
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Donate NowS.3689 - Economic Recovery Act of 2008
A bill making supplemental appropriations for job creation and preservation, infrastructure investment, and economic and energy assistance for the fiscal year ending September 30, 2009, and for other purposes.
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S 3689 PCSCommentsClose CommentsPermalink
Calendar No. 122CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3689CommentsClose CommentsPermalink
Making supplemental appropriations for job creation and preservation, infrastructure investment, and economic and energy assistance for the fiscal year ending September 30, 2009, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
November 17 (legislative day, SEPTEMBER 17), 2008CommentsClose CommentsPermalink
Mr. REID (for himself and Mr. BYRD) introduced the following bill; which was read the first timeCommentsClose CommentsPermalink
November 18, 2008CommentsClose CommentsPermalink
Read the second time and placed on the calendar under authority of the order of the Senate of November 17 (legislative day, September 17), 2008CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
Making supplemental appropriations for job creation and preservation, infrastructure investment, and economic and energy assistance for the fiscal year ending September 30, 2009, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009, and for other purposes, namely:CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Rural Housing Service
RURAL HOUSING INSURANCE PROGRAM ACCOUNT
For an additional amount for gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $171,000,000 for section 502 direct loans, and $3,000,000,000 for section 502 unsubsidized guaranteed loans.CommentsClose CommentsPermalink
For an additional amount for the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, to remain available until expended, as follows: $11,500,000 for section 502 direct loans, and $38,100,000 for section 502 unsubsidized guaranteed loans.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Rural Business--Cooperative Service
RURAL BUSINESS PROGRAM ACCOUNT
For an additional amount for gross obligations for the principal amount of guaranteed loans as authorized by section 310B(a)(2)(A) of the Consolidated Farm and Rural Development Act, to be available from the rural business program account, as follows: $1,000,000,000 for business and industry guaranteed loans.CommentsClose CommentsPermalink
For an additional amount for the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, to remain available until expended, as follows: $43,500,000 for business and industry guaranteed loans.CommentsClose CommentsPermalink
RURAL BUSINESS ENTERPRISE GRANTS
For an additional amount for ‘Rural Business Enterprise Grants’, $40,000,000, to remain available until expended.CommentsClose CommentsPermalink
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 (
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 (
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.CommentsClose CommentsPermalink
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 (
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
For an additional amount for the Emergency Food Assistance Program, as authorized by Section 4201 of
COMMODITY ASSISTANCE PROGRAM
For an additional amount for the Commodity Supplemental Food Program, $8,218,000, to support additional food purchases.CommentsClose CommentsPermalink
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1101. (a) Hereafter, in this section, the term ‘nonambulatory disabled cattle’ means cattle, other than cattle that are less than 5 months old or weigh less than 500 pounds, subject to inspection under section 3(b) of the Federal Meat Inspection Act (
(b) Hereafter, none of the funds made available under this or any other Act may be used to pay the salaries or expenses of any personnel of the Food Safety and Inspection Service to pass through inspection any nonambulatory disabled cattle for use as human food, regardless of the reason for the nonambulatory status of the cattle or the time at which the cattle became nonambulatory.CommentsClose CommentsPermalink
(c) Hereafter, in addition to any penalties available under the Federal Meat Inspection Act (
SEC. 1102. FARM RELIEF. (a) Short Title- This section may be cited as the ‘Farm Relief Act of 2008’.CommentsClose CommentsPermalink
(b) 2008 Crop Disaster Assistance- Section 9001 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘There are hereby’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- There are hereby’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) 2008 CROP DISASTER ASSISTANCE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make emergency financial assistance under this section available to producers on a farm that incurred qualifying quantity or quality losses for the 2008 crop due a natural disaster or any related condition, as determined by the Secretary.CommentsClose CommentsPermalink
‘(B) SUGAR AND SUGARCANE DISASTER ASSISTANCE-CommentsClose CommentsPermalink
‘(i) FLORIDA- There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make payments to processors in Florida that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (
7 U.S.C. 7272(a) ) to compensate first processors and producers for crop and other losses due a natural disaster or any related condition, as determined by the Secretary, in Florida during calendar year 2008, by an agreement on the same terms and conditions, to the maximum extent practicable, as the payments made under section 102 of the Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act of 2005 (Public Law 108-324 ; 118 Stat. 1235), including that the 2008 base production of each harvesting unit shall be determined using the same base year crop production history that was used pursuant to the agreement under that section.CommentsClose CommentsPermalink‘(ii) LOUISIANA-CommentsClose CommentsPermalink
‘(I) COMPENSATION FOR LOSSES- There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to make assistance available to first processors of sugarcane that operate in a county affected by a natural disaster, or obtain sugarcane from a county affected by a natural disaster, in Louisiana and that are eligible to obtain a loan under section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (
7 U.S.C. 7272(a) ), in the form of monetary payments or commodities in the inventory of the Commodity Credit Corporation derived from carrying out that section, to compensate producers and first processors for crop and other losses due to the natural disaster or any related condition, as determined by the Secretary.CommentsClose CommentsPermalink‘(II) ADMINISTRATION- Assistance under this clause shall be--CommentsClose CommentsPermalink
‘(aa) shared by an affected first processor with affected producers that provide commodities to the processor in a manner that reflects contracts entered into between the processor and the producers, except with respect to a portion of the amount of total assistance provided under subclause (I) necessary to compensate affected producers for individual losses experienced by the producers, including losses due to saltwater intrusion, flooding, wind damage, or increased planting, replanting, or harvesting costs, which shall be transferred by the first processor to the affected producers without regard to contractual share arrangements; andCommentsClose CommentsPermalink
‘(bb) made available under such terms and conditions as the Secretary determines are necessary to carry out this clause.CommentsClose CommentsPermalink
‘(III) FORM OF ASSISTANCE- In carrying out this clause, the Secretary shall--CommentsClose CommentsPermalink
‘(aa) convey to the first processor commodities in the inventory of the Commodity Credit Corporation derived from carrying out section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (
7 U.S.C. 7272(a) );CommentsClose CommentsPermalink‘(bb) make monetary payments to the first processor; orCommentsClose CommentsPermalink
‘(cc) take any combination of actions described in items (aa) and (bb), using commodities or monetary payments.CommentsClose CommentsPermalink
‘(IV) LOSS DETERMINATION- In carrying out this clause, the Secretary shall use the same base year to determine crop loss that was elected by a producer to determine crop loss in carrying out the hurricane assistance program under section 207 of the Agricultural Assistance Act of 2003 (
Public Law 108-7 ; 117 Stat. 543).CommentsClose CommentsPermalink‘(iii) TEXAS- There are hereby appropriated to the Secretary such sums as are necessary, to remain available until expended, to assist sugarcane growers in Texas by making a payment in that amount to a farmer-owned cooperative sugarcane processor in that State, for costs of demurrage, storage, and transportation resulting from natural disaster or any related condition during calendar year 2008.CommentsClose CommentsPermalink
‘(C) RELATION TO SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE PROGRAM- A producer on a farm that accepts assistance made available under this paragraph for a crop loss is not eligible to receive supplemental agricultural disaster assistance for that crop loss under subtitle B of the Federal Crop Insurance Act (
7 U.S.C. 1531 ) or title IX of the Trade Act of 1974 (19 U.S.C. 2497 et seq.).’; andCommentsClose CommentsPermalink(2) in subsection (b), by striking ‘this section’ each place it appears and inserting ‘subsection (a)(1)’.CommentsClose CommentsPermalink
(c) Aquaculture Grants-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Agriculture shall make available grants under this subsection to appropriate State departments of agriculture (or other appropriate State agencies) that agree to assist producers of animals described in section 10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (
21 U.S.C. 321d(a)(1) ) injured by increased costs for animal feed and that agree to comply with paragraph (2).CommentsClose CommentsPermalink(2) ELIGIBILITY FOR GRANTS- To be eligible to receive a grant under this subsection, the State department of agriculture (or other appropriate State agency) shall--CommentsClose CommentsPermalink
(A) agree to use the grants to distribute feed assistance through animal feed providers; andCommentsClose CommentsPermalink
(B) agree to require such animal feed providers to make such feed assistance available on a pro rata basis to active producers described in paragraph (1) based on documented feed use by such producers in 2007.CommentsClose CommentsPermalink
(3) FEED ASSISTANCE- The Secretary shall make such grants available to such State departments of agriculture or other agencies allocated on a pro rata basis, based on total tons of feed for such animals consumed in such State in 2007.CommentsClose CommentsPermalink
(4) FUNDING- There are hereby appropriated $50,000,000 to carry out this subsection.CommentsClose CommentsPermalink
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 (
DEPARTMENT OF JUSTICE
United States Marshals Service
SALARIES AND EXPENSES
For an additional amount for ‘Salaries and Expenses’, $50,000,000, for the United States Marshals Service, to implement and enforce the Adam Walsh Child Protection and Safety Act (
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for ‘Salaries and Expenses’, $75,000,000.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
For an additional amount for ‘State and Local Law Enforcement Assistance’, $100,000,000, for competitive grants to provide assistance and equipment to local law enforcement along the Southern border and in High-Intensity Drug Trafficking Areas to combat criminal narcotic activity stemming from the Southern border, of which $15,000,000 shall be transferred to the ‘Bureau of Alcohol, Tobacco, Firearms and Explosives’, ‘Salaries and Expenses’ for the ATF Project Gunrunner.CommentsClose CommentsPermalink
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 (
SCIENCE
National Aeronautics and Space Administration
RETURN TO FLIGHT
For necessary expenses, not otherwise provided for, in carrying out return to flight activities associated with the space shuttle and activities from which funds were transferred to accommodate return to flight activities, $400,000,000, with such sums as determined by the Administrator of the National Aeronautics and Space Administration as available for transfer to ‘Science’, ‘Aeronautics’, ‘Exploration’, and ‘Space Operations’ for restoration of funds previously reallocated to meet return to flight activities.CommentsClose CommentsPermalink
RELATED AGENCY
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
For an additional amount for ‘Payment to the Legal Services Corporation’, $37,500,000, to provide legal assistance related to home ownership preservation, home foreclosure prevention, and tenancy associated foreclosure: Provided, That each limitation on expenditures, and each term or condition, that applies to funds appropriated to the Legal Services Corporation under the Consolidated Appropriations Act of 2008 (
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
CONSTRUCTION
For an additional amount for ‘Construction’ for expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law, $400,000,000, to remain available until expended: Provided, That not less than $100,000,000 of the funds provided shall be for environmental infrastructure assistance: Provided further, That not less than $75,000,000 of the funds provided shall be for rehabilitation of Corps of Engineers owned or operated hydropower infrastructure: Provided further, That
OPERATIONS AND MAINTENANCE
For an additional amount for ‘Operation and Maintenance’ for expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law, and for surveys and charting of northern and northwestern lakes and connecting waters, clearing and straightening channels, and removal of obstructions to navigation, $500,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of operation and maintenance costs for coastal harbors and channels, and inland harbors shall be derived from the Harbor Maintenance Trust Fund, pursuant to
MISSISSIPPI RIVER AND TRIBUTARIES
For an additional amount for ‘Mississippi River and Tributaries’ for expenses necessary for the flood damage reduction program for the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $100,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of operation and maintenance costs for inland harbors shall be derived from the Harbor Maintenance Trust Fund, pursuant to
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
For an additional amount for ‘Water and Related Resources’ for management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation and modification of reclamation and other facilities, including improvements or modification to provide environmental benefit, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian tribes, and others, $200,000,000, to remain available until expended: Provided, That not less than $50,000,000 of the funds provided under this heading shall be used for rural water projects and these funds should be concentrated on water intake and treatment facilities: Provided further, That not less than $5,000,000 of the funds provided under this heading shall be used for a bureauwide program for inspection of canals in urbanized areas: Provided further, That not less than $45,000,000 of the funds provided under this heading shall be used for water reclamation and reuse projects: Provided further, That not less than $15,000,000 of the funds provided under this heading shall be for maintenance and rehabilitation of Bureau of Reclamation owned or operated hydropower infrastructure: Provided further, That funds provided in this Act may only be used for programs, projects or activities previously funded: Provided further, That funds provided in this Act shall be used for elements of projects, programs or activities that can be completed within these funding amounts and shall not create budgetary obligations in future fiscal years: Provided further, That the Secretary of the Interior shall submit a report to the House and Senate Appropriations Committees within 45 days of enactment of this Act, specifying the projects, programs or activities that are to be funded with these supplemental funds: Provided further, That these funds must be obligated no later than December 31, 2010.CommentsClose CommentsPermalink
DEPARTMENT OF ENERGY
Energy Efficiency and Renewable Energy
For an additional amount for ‘Energy Efficiency and Renewable Energy’, $1,800,000,000, to remain available until expended: Provided, That of the funds appropriated, $500,000,000 is directed to the Weatherization Assistance Program: Provided further, That of the funds appropriated, not less than $300,000,000 is directed to advance battery technology research, development, and demonstration: Provided further, That of the funds appropriated, $500,000,000 is directed to competitively awarded local government and tribal technology demonstration grants.CommentsClose CommentsPermalink
Electricity Delivery and Energy Reliability
For an additional amount for ‘Electricity Delivery and Energy Reliability’, $140,000,000, to remain available until expended: Provided, That funds shall be available for expenses related to smart grid technologies, critical energy facility process operation systems, and cyber security of control systems.CommentsClose CommentsPermalink
Non-Defense Environmental Cleanup
For an additional amount for ‘Non-Defense Environmental Cleanup’, $150,000,000, to remain available until expended.CommentsClose CommentsPermalink
Uranium Enrichment Decontamination and Decommissioning Fund
For an additional amount for ‘Uranium Enrichment Decontamination and Decommissioning Fund’, $170,000,000, to remain available until expended.CommentsClose CommentsPermalink
Science
For an additional amount for ‘Science’, $175,000,000, to remain available until expended.CommentsClose CommentsPermalink
Advanced Battery Loan Guarantee Program
For the cost of guaranteed loans as authorized by section 135 of the Energy Independence and Security Act of 2007 (
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.CommentsClose CommentsPermalink
Environmental and Other Defense Activities
DEFENSE ENVIRONMENTAL CLEANUP
For an additional amount for ‘Defense Environmental Cleanup’, $800,000,000, to remain available until expended.CommentsClose CommentsPermalink
GENERAL PROVISIONS--THIS CHAPTER
SEC. 1301. FUTUREGEN. (a) Subject to subsection (b), the Secretary of Energy shall reinstate and continue--CommentsClose CommentsPermalink
(1) the cooperative agreement numbered DE-FC-26-06NT42073 (as in effect on May 15, 2008); andCommentsClose CommentsPermalink
(2) Budget Period 1, under such agreement, through July 31, 2009.CommentsClose CommentsPermalink
(b) During the period beginning on the date of enactment of this Act and ending March 31, 2009--CommentsClose CommentsPermalink
(1) The agreement described in subsection (a) may not be terminated except by the mutual consent of the parties to the agreement; andCommentsClose CommentsPermalink
(2) Funds may be expended under the agreement only to complete and provide information and documentation to the Department of Energy.CommentsClose CommentsPermalink
SEC. 1302. Section 1222(g) of the Energy Policy Act of 2005 (
CHAPTER 4
DEPARTMENT OF THE TREASURY
Office of Inspector General
SALARIES AND EXPENSES
For an additional amount for ‘Salaries and Expenses’, $10,550,000, to carry out the provisions of the Inspector General Act of 1978, including material loss reviews in conjunction with bank failures.CommentsClose CommentsPermalink
COMMODITY FUTURES TRADING COMMISSION
Salaries and Expenses
For an additional amount to carry out the provisions of the Commodity Exchange Act (
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.CommentsClose CommentsPermalink
SMALL BUSINESS ADMINISTRATION
Salaries and Expenses
For an additional amount to be available until September 30, 2010, $4,000,000 for marketing, management, and technical assistance under section 7(m)(4) of the Small Business Act (
For an additional amount to be available until September 30, 2010, $15,000,000 for lender oversight activities as authorized under section 1401(c) of this Act.CommentsClose CommentsPermalink
Business Loans Program Account
For an additional amount for the cost of direct loans, $1,000,000, to remain available until September 30, 2010; and for an additional amount for the cost of guaranteed loans, $615,000,000, to remain available until September 30, 2010: Provided, That of the amount for the cost of guaranteed loans, $515,000,000 shall be for loan subsidies and loan modifications for loans to small business concerns authorized under section 1401(a) of this Act; and $100,000,000 shall be for loan subsidies and loan modifications for loans to small business concerns authorized under section 1401(b) of this Act: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.CommentsClose CommentsPermalink
Administrative Provisions--Small Business Administration
SEC. 1401. ECONOMIC STIMULUS FOR SMALL BUSINESS CONCERNS. (a) Temporary Fee Elimination for the 7(a) Loan Program- Until September 30, 2010, and to the extent the cost of such elimination of fees is offset by appropriations, with respect to each loan guaranteed under section 7(a) of Small Business Act (
(1) in lieu of the fee otherwise applicable under section 7(a)(23)(A) of the Small Business Act (
(2) in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the Small Business Act (
(b) Temporary Fee Elimination for the 504 Loan Program-CommentsClose CommentsPermalink
(1) IN GENERAL- Until September 30, 2010, and to the extent the cost of such elimination in fees is offset by appropriations, with respect to each project or loan guaranteed by the Administrator under title V of the Small Business Investment Act of 1958 (
(A) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business Investment Act of 1958 (
(B) a development company shall, in lieu of the mandatory 0.625 servicing fee under section 120.971(a)(3) of title 13, Code of Federal Regulations (relating to fees paid by borrowers), or any successor thereto, collect no fee; andCommentsClose CommentsPermalink
(C) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(3) of the Small Business Investment Act (
(2) REIMBURSEMENT FOR WAIVED FEES-CommentsClose CommentsPermalink
(A) IN GENERAL- To the extent the cost of such payments is offset by appropriations, the Administrator shall reimburse each development company that does not collect a servicing fee pursuant to paragraph (1)(B).CommentsClose CommentsPermalink
(B) AMOUNT- The payment to a development company under subparagraph (A) shall be in an amount equal to 0.5 percent of the outstanding principal balance of any guaranteed debenture for which the development company does not collect a servicing fee pursuant to paragraph (1)(B).CommentsClose CommentsPermalink
(c) TEMPORARY FEE ELIMINATION OF LENDER OVERSIGHT FEES- Until September 30, 2010, and to the extent the cost of such elimination in fees is offset by appropriations, the Administrator shall, in lieu of the fee otherwise applicable under section 5(b)(14) of the Small Business Act (
(d) Technical Correction- Section 7(a) of the Small Business Act (
(e) Application of Fee Eliminations- The Administrator shall eliminate fees under subsections (a), (b), and (c) until the amount provided for such purposes, as applicable, under the headings ‘Salaries and Expenses’ and ‘Business Loans Program Account’ under the heading ‘Small Business Administration’ under this Act are expended.CommentsClose CommentsPermalink
(f) Definitions- In this section--CommentsClose CommentsPermalink
(1) the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively; andCommentsClose CommentsPermalink
(2) the term ‘small business concern’ has the same meaning as in section 3 of the Small Business Act (
SEC. 1402. None of the funds made available under this Act or any other appropriations Act for any fiscal year may be used by the Small Business Administration to implement the rule relating to women-owned small business Federal contract assistance procedures published in the Federal Register on October 1, 2008 (73 Fed. Reg. 56940 et seq.).CommentsClose CommentsPermalink
CHAPTER 5
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
BORDER SECURITY, FENCING, INFRASTRUCTURE, AND TECHNOLOGY
For an additional amount for ‘Border Security, Fencing, Infrastructure, and Technology’, $303,000,000, to remain available until expended; of which not less that $215,000,000 shall be for development and deployment of border security technology on the Southwest border; and of which not less than $88,000,000 shall be for procurement and deployment of tactical communications equipment and land mobile radios for the U.S. Border Patrol.CommentsClose CommentsPermalink
CONSTRUCTION
For an additional amount for ‘Construction’, $100,000,000, to remain available until expended, to repair and construct inspection facilities at land border ports of entry.CommentsClose CommentsPermalink
Transportation Security Administration
AVIATION SECURITY
For an additional amount for ‘Aviation Security’, $500,000,000, to remain available until expended; of which $300,000,000 shall be for procurement and installation of checked baggage explosives detection systems; and of which $200,000,000 shall be for checkpoint explosives detection equipment: Provided, That no later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall provide the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.CommentsClose CommentsPermalink
Coast Guard
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For an additional amount for ‘Acquisition, Construction, and Improvements’, $1,220,000,000, to remain available until expended; of which $925,000,000 shall be for the acquisition of a new polar icebreaker or for necessary expenses related to the service life extension of existing Coast Guard polar icebreakers; of which $150,000,000 shall be for the National Security Cutter program; and of which $145,000,000 shall be for shore facilities and aids to navigation facilities: Provided, That no later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall provide the Committees on Appropriations of the Senate and the House of Representatives a plan for the expenditure of these funds.CommentsClose CommentsPermalink
ALTERATION OF BRIDGES
For an additional amount for alteration or removal of obstructive bridges, as authorized by section 6 of the Truman-Hobbs Act (
Federal Emergency Management Agency
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
Notwithstanding section 417(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the amount of any such loan issued pursuant to this section for major disasters occurring in calendar year 2008 may exceed $5,000,000, and may be equal to not more than 50 percent of the annual operating budget of the local government in any case in which that local government has suffered a loss of 25 percent or more in tax revenues.CommentsClose CommentsPermalink
Federal Law Enforcement Training Center
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
For an additional amount for ‘Acquisition, Construction, Improvements, and Related Expenses’, $9,000,000, to remain available until expended, for security upgrades to the Federal Law Enforcement Training Center’s border-related training facilities.CommentsClose CommentsPermalink
CHAPTER 6
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
CONSTRUCTION
For an additional amount for ‘Construction’, $147,000,000, to remain available until September 30, 2010, of which $114,000,000 shall be for deferred maintenance projects, including the repair of earthen dams; of which $15,000,000 shall be for restoration and rehabilitation of trails; and of which $18,000,000 shall be for remediation of abandoned mine sites: Provided, That the Secretary shall utilize to the maximum extent possible the Public Land Corps, the Youth Conservation Corps, and other related partnerships with State, local, tribal or nonprofit groups that serve young adults.CommentsClose CommentsPermalink
United States Fish and Wildlife Service
CONSTRUCTION
For an additional amount for ‘Construction’, $88,000,000, to remain available until September 30, 2010, for refuge and hatchery deferred maintenance projects: Provided, That the Secretary shall utilize to the maximum extent possible the Public Land Corps, the Youth Conservation Corps, and other related partnerships with State, local, tribal or nonprofit groups that serve young adults.CommentsClose CommentsPermalink
National Park Service
CONSTRUCTION
For an additional amount for ‘Construction’, $105,000,000, to remain available until September 30, 2010, of which $45,000,000 shall be for deferred maintenance projects; of which $45,000,000 shall be for restoration and rehabilitation of trails; and of which $15,000,000 shall be for remediation of abandoned mine sites: Provided, That the Secretary shall utilize to the maximum extent possible the Public Land Corps, the Youth Conservation Corps, and other related partnerships with State, local, tribal or nonprofit groups that serve young adults.CommentsClose CommentsPermalink
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘Surveys, Investigations, and Research’, $84,000,000, to remain available until September 30, 2010, for repair and restoration of facilities and other deferred maintenance projects.CommentsClose CommentsPermalink
Bureau of Indian Affairs
CONSTRUCTION
For an additional amount for ‘Construction’, $200,000,000, to remain available until September 30, 2010, for repair and restoration of bureau-operated facilities and other deferred maintenance projects.CommentsClose CommentsPermalink
ENVIRONMENTAL PROTECTION AGENCY
State and Tribal Assistance Grants
For an additional amount for ‘State and Tribal Assistance Grants’, $2,500,000,000, to remain available until expended, of which $1,750,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, as amended; and of which $750,000,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act, as amended: Provided, That none of these funds shall be subject to State matching requirements: Provided further, That of the amount made available for the Clean Water State Revolving Fund, not to exceed 1.5 percent may be set aside for grants to tribes pursuant to section 518(c) of the Federal Water Pollution Water Control Act.CommentsClose CommentsPermalink
DEPARTMENT OF AGRICULTURE
Forest Service
CAPITAL IMPROVEMENT AND MAINTENANCE
For an additional amount for ‘Capital Improvement and Maintenance’, $425,000,000, to remain available until September 30, 2010, for deferred maintenance projects, which may include remediation of abandoned mine sites: Provided, That the Secretary shall utilize to the maximum extent possible the Public Land Corps, the Youth Conservation Corps, and other related partnerships with State, local, tribal or nonprofit groups that serve young adults.CommentsClose CommentsPermalink
SMITHSONIAN INSTITUTION
Facilities Capital
For an additional amount for ‘Facilities Capital’, $93,500,000, to remain available until September 30, 2010, for deferred maintenance projects.CommentsClose CommentsPermalink
GENERAL PROVISION--THIS CHAPTER
SEC. 1601. Notwithstanding any other provision of law, including section 152 of division A of H.R. 2638 (110th Congress), the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, the terms and conditions contained in section 433 of division F of
CHAPTER 7
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For an additional amount for ‘Training and Employment Services’ under the Employment and Training Administration, $600,000,000, for youth activities and dislocated worker activities authorized by the Workforce Investment Act of 1998 (‘WIA’): Provided, That $300,000,000 shall be for youth activities and available through June 30, 2009: Provided further, That $300,000,000 shall be for dislocated worker employment and training activities and available for the period July 1, 2008 through June 30, 2009: Provided further, That no portion of funds available under this heading in this Act shall be reserved to carry out section 127(b)(1)(A), section 128(a), or section 133(a) of the WIA: Provided further, That the work readiness performance indicator described in section 136(b)(2)(A)(ii)(I) of the WIA shall be the only measure of performance used to assess the effectiveness of the youth activities, and that the performance indicators in section 136(b)(2)(A)(i) of the WIA shall be the measures of performance used to assess the effectiveness of the dislocated worker activities funded with such funds: Provided further, That, notwithstanding any other provision of law, additional funds for youth activities provided by this Act shall be allotted as if the total amount of funding available for youth activities in program year 2008 is less than $1,000,000,000.CommentsClose CommentsPermalink
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for ‘Disease Control, Research, and Training’, $46,000,000, of which $20,000,000 shall be to continue and expand investigations to determine the root causes of disease clusters, including but not limited to polycythemia vera clusters; of which $21,000,000 shall be for the prevention of and response to medical errors including research, education and outreach activities; and of which $5,000,000 shall be for responding to outbreaks of communicable diseases related to the re-use of syringes in outpatient clinics, including reimbursement of local health departments for testing and genetic sequencing of persons potentially exposed.CommentsClose CommentsPermalink
National Institutes of Health
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘Office of the Director’, $1,000,000,000, which shall be transferred to the Institutes and Centers of the National Institutes of Health and to the Common Fund established under section 402A(c)(1) of the Public Health Service Act in proportion to the appropriations otherwise made to such Institutes, Centers, and Common Fund for fiscal year 2008: Provided, That funds shall be used to support additional scientific research and be available for the same purposes as the appropriation or fund to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the National Institutes of Health: Provided further, That none of these funds may be transferred to ‘National Institutes of Health--Buildings and Facilities’, the Center for Scientific Review, the Center for Information Technology, the Clinical Center, the Global Fund for HIV/AIDS, Tuberculosis and Malaria, or the Office of the Director (except for the transfer to the Common Fund).CommentsClose CommentsPermalink
Administration for Children and Families
CHILDREN AND FAMILIES SERVICES PROGRAMS
For an additional amount for ‘Children and Families Services Programs’ for carrying out activities under sections 674 through 679 of the Community Services Block Grant Act, $200,000,000, of which no part shall be subject to paragraph (3) of section 674(b) of such Act.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘Public Health and Social Services Emergency Fund’ to support activities related to countering potential biological, nuclear, radiological and chemical threats to civilian populations, and for other public health emergencies, $542,000,000: Provided, That $473,000,000 is for advanced research and development of medical countermeasures and ancillary products: Provided further, That $50,000,000 is available to support the delivery of medical countermeasures, of which up to $20,000,000 may be made available to the United States Postal Service to support such delivery.CommentsClose CommentsPermalink
For an additional amount for the ‘Public Health and Social Services Emergency Fund’ to prepare for and respond to an influenza pandemic, $363,000,000, for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools: Provided, That products purchased with these funds may, at the discretion of the Secretary, be deposited in the Strategic National Stockpile: Provided further, That notwithstanding section 496(b) of the Public Health Service Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccines and other biologics, where the Secretary finds such a contract necessary to secure sufficient supplies of such vaccines or biologics: Provided further, That funds appropriated herein may be transferred to other appropriation accounts of the Department of Health and Human Services, as determined by the Secretary to be appropriate, to be used for the purposes specified in this sentence.CommentsClose CommentsPermalink
DEPARTMENT OF EDUCATION
For carrying out section 1702 of this Act, $2,500,000,000, which shall be available for obligation from July 1, 2008 through September 30, 2009.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
‘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--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Economic Information- To provide sufficient economic data for the conduct of the study under subsection (a)--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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,CommentsClose CommentsPermalink
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.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 1702. GRANTS FOR SCHOOL RENOVATION. (a) Allocation of Funds-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Within-State Allocations-CommentsClose CommentsPermalink
(1) ADMINISTRATIVE COSTS-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) RESERVATION FOR COMPETITIVE SCHOOL REPAIR AND RENOVATION GRANTS TO LOCAL EDUCATIONAL AGENCIES-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to the reservation under paragraph (1), of the funds allocated to a State educational agency under subsection (a)(2), the State educational agency shall distribute 100 percent of such funds to local educational agencies or, if such State educational agency is not responsible for the financing of education facilities, the State educational agency shall transfer such funds to the State entity responsible for the financing of education facilities (referred to in this section as the ‘State entity’) for distribution by such entity to local educational agencies in accordance with this paragraph, to be used, consistent with subsection (c), for school repair and renovation.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(i) PERCENTAGE OF POOR CHILDREN- The percentage of poor children 5 to 17 years of age, inclusive, in a local educational agency.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(D) MATCHING REQUIREMENT-CommentsClose CommentsPermalink
(i) IN GENERAL- A State educational agency or State entity shall require local educational agencies to match funds awarded under this subsection.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(1) PERMISSIBLE USES OF FUNDS- School repair and renovation shall be limited to 1 or more of the following:CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(i) repairing, replacing, or installing roofs, windows, doors, electrical wiring, plumbing systems, or sewage systems;CommentsClose CommentsPermalink
(ii) repairing, replacing, or installing heating, ventilation, or air conditioning systems (including insulation); andCommentsClose CommentsPermalink
(iii) bringing public schools into compliance with fire and safety codes.CommentsClose CommentsPermalink
(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.).CommentsClose CommentsPermalink(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 ).CommentsClose CommentsPermalink(D) ASBESTOS ABATEMENT OR REMOVAL- Asbestos abatement or removal from public school facilities.CommentsClose CommentsPermalink
(E) CHARTER SCHOOL BUILDING INFRASTRUCTURE- Renovation and repair needs related to the building infrastructure of a charter school.CommentsClose CommentsPermalink
(2) IMPERMISSIBLE USES OF FUNDS- No funds received under this section may be used for--CommentsClose CommentsPermalink
(A) payment of maintenance costs in connection with any projects constructed in whole or part with Federal funds provided under this section;CommentsClose CommentsPermalink
(B) the construction of new facilities; orCommentsClose CommentsPermalink
(C) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Reporting-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(g) Definitions- For purposes of this section:CommentsClose CommentsPermalink
(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 ).CommentsClose CommentsPermalink(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) ).CommentsClose CommentsPermalink(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 ).CommentsClose CommentsPermalink(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) ).CommentsClose CommentsPermalink(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.CommentsClose CommentsPermalink(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’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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. 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--CommentsClose CommentsPermalink
(1) in clause (i)--CommentsClose CommentsPermalink
(A) by redesignating subclause (IV) as subclause (VI); andCommentsClose CommentsPermalink
(B) by inserting after subclause (III) the following:CommentsClose CommentsPermalink
‘(IV) An entity that--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new clause:CommentsClose CommentsPermalink
‘(iv) RULE OF CONSTRUCTION- Nothing in this subparagraph shall be construed to alter any existing statutory or regulatory prohibition on services with respect to an entity described in subclause (IV) or (V) of clause (i), including the prohibition set forth in section 1008 of the Public Health Service Act.’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
CHAPTER 8
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ‘Military Construction, Navy and Marine Corps’, $75,000,000, to remain available until expended, for the planning, design, and construction of child development centers: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and construction not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act, the Secretary of the Navy shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
Family Housing Construction, Army
For an additional amount for ‘Family Housing Construction, Army’, $50,000,000, to remain available until expended, for military family housing construction and improvements: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and construction not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act, the Secretary of the Army shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
Family Housing Construction, Air Force
For an additional amount for ‘Family Housing Construction, Air Force’, $125,000,000, to remain available until expended, for military family housing construction and improvements: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and construction not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading.CommentsClose CommentsPermalink
GENERAL PROVISION--THIS CHAPTER
Sec. 1801. PAYMENTS TO ELIGIBLE PERSONS WHO SERVED IN THE UNITED STATES ARMY FORCES IN THE FAR EAST DURING WORLD WAR II. (a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) The Philippine islands became a United States possession in 1898 when they were ceded from Spain following the Spanish-American War.CommentsClose CommentsPermalink
(2) During World War II, Filipinos served in a variety of units, some of which came under the direct control of the United States Armed Forces.CommentsClose CommentsPermalink
(3) The regular Philippine Scouts, the new Philippine Scouts, the Guerilla Services, and more than 100,000 members of the Philippine Commonwealth Army were called into the service of the United States Armed Forces of the Far East on July 26, 1941, by an executive order of President Franklin D. Roosevelt.CommentsClose CommentsPermalink
(4) Even after hostilities had ceased, wartime service of the new Philippine Scouts continued as a matter of law until the end of 1946, and the force gradually disbanded and was disestablished in 1950.CommentsClose CommentsPermalink
(5) Filipino veterans who were granted benefits prior to the enactment of the so-called Rescissions Acts of 1946 (Public Laws 79-301 and 79-391) currently receive full benefits under laws administered by the Secretary of Veterans Affairs, but under
(6) These other Filipino veterans only receive certain benefits under title 38, United States Code, and, depending on where they legally reside, are paid such benefit amounts at reduced rates.CommentsClose CommentsPermalink
(7) The benefits such veterans receive include service-connected compensation benefits paid under chapter 11 of title 38, United States Code, dependency indemnity compensation survivor benefits paid under chapter 13 of title 38, United States Code, and burial benefits under chapters 23 and 24 of title 38, United States Code, and such benefits are paid to beneficiaries at the rate of $0.50 per dollar authorized, unless they lawfully reside in the United States.CommentsClose CommentsPermalink
(8) Dependents’ educational assistance under chapter 35 of title 38, United States Code, is also payable for the dependents of such veterans at the rate of $0.50 per dollar authorized, regardless of the veterans’ residency.CommentsClose CommentsPermalink
(b) Compensation Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- There is in the general fund of the Treasury a fund to be known as the ‘Filipino Veterans Equity Compensation Fund’ (in this section referred to as the ‘compensation fund’).CommentsClose CommentsPermalink
(2) AVAILABILITY OF FUNDS- Subject to the availability of appropriations for such purpose, amounts in the compensation fund shall be available to the Secretary of Veterans Affairs without fiscal year limitation to make payments to eligible persons in accordance with this section.CommentsClose CommentsPermalink
(c) Payments-CommentsClose CommentsPermalink
(1) IN GENERAL- During the one-year period beginning on the date of the enactment of this Act, the Secretary shall make a payment to an eligible person who, during such period, submits to the Secretary an application containing such information and assurances as the Secretary may require.CommentsClose CommentsPermalink
(2) PAYMENT TO SURVIVING SPOUSE- If an eligible person dies during the period described in paragraph (1) before payment is made to the eligible person under this section, the payment otherwise to be made to the eligible person under this section shall be made instead to the surviving spouse of the eligible person.CommentsClose CommentsPermalink
(d) Eligible Persons- An eligible person is any person who served--CommentsClose CommentsPermalink
(1) before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States; orCommentsClose CommentsPermalink
(2) in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 538).CommentsClose CommentsPermalink
(e) Payment Amounts- Each payment under this section shall be--CommentsClose CommentsPermalink
(1) in the case of an eligible person who is not a citizen of the United States, in the amount of $9,000; andCommentsClose CommentsPermalink
(2) in the case of an eligible person who is a citizen of the United States, in the amount of $15,000.CommentsClose CommentsPermalink
(f) Limitation- The Secretary may not make more than one payment under this section for each person described in subsection (d).CommentsClose CommentsPermalink
(g) Clarification of Treatment of Payments Under Certain Laws- Amounts paid to a person under this section--CommentsClose CommentsPermalink
(1) shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; andCommentsClose CommentsPermalink
(2) shall not be included in income or resources for purposes of determining--CommentsClose CommentsPermalink
(A) eligibility of an individual to receive benefits described in
(B) eligibility of an individual to receive benefits under title II or VIII of the Social Security Act, or the amount of such benefits.CommentsClose CommentsPermalink
(h) Release-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the acceptance by an eligible person of a payment under this section shall be final, and shall constitute a complete release of any claim against the United States by reason of any service described in subsection (d).CommentsClose CommentsPermalink
(2) PAYMENT OF PREVIOUSLY AWARDED BENEFITS- Nothing in this section shall prohibit a person from receiving any benefit to which the person is entitled based on a claim for which benefits are awarded before the date of the enactment of this Act, including on a claim for medical care and nursing care benefits, burial benefits, and any other benefits to which the person is entitled by law.CommentsClose CommentsPermalink
(i) Recognition of Service- The service of a person as described in subsection (d) is hereby recognized as active military service in the Armed Forces for purposes of, and to the extent provided in, this section.CommentsClose CommentsPermalink
(j) Reports- The Secretary shall include, in documents submitted to Congress by the Secretary in support of the President’s budget for each fiscal year in which payments are made from the compensation fund under this section, detailed information on the operation of the compensation fund, including the number of applicants, the number of eligible persons receiving benefits, the amounts paid out of the compensation fund, and the administration of the compensation fund.CommentsClose CommentsPermalink
(k) Regulations- Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out this section.CommentsClose CommentsPermalink
(l) Authorization of Appropriation- There is authorized to be appropriated to the compensation fund $198,000,000, to remain available until expended, to make payments under this section.CommentsClose CommentsPermalink
CHAPTER 9
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
SUPPLEMENTAL DISCRETIONARY GRANTS FOR AIRPORT INVESTMENT
For an additional amount for capital expenditures authorized under
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
SUPPLEMENTAL GRANTS TO STATES FOR FERRY TRANSPORTATION INVESTMENT
For an additional amount for capital expenditures eligible under
Federal Railroad Administration
SUPPLEMENTAL GRANTS TO STATES FOR INTERCITY PASSENGER RAIL SERVICE
For an additional amount for grants to States to pay for the cost of projects described in paragraph (2)(A) and (2)(B) of section 24401 and subsection (b) of
SUPPLEMENTAL CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
For an additional amount for the immediate investment in capital projects necessary to maintain and improve national intercity passenger rail service, $400,000,000: Provided, That funds made available under this heading shall be allocated directly to the corporation for the purpose of immediate investment in capital projects including the rehabilitation of rolling stock for the purpose of expanding passenger rail capacity: Provided further, that the Board of Directors shall take measures to ensure that funds provided under this heading shall be obligated within 180 days of the enactment of this Act and shall serve to supplement and not supplant planned expenditures for such activities from other Federal, State, local and corporate sources: Provided further, That said Board of Directors shall certify to the House and Senate Committees on Appropriations in writing their compliance with the preceding proviso: Provided further, That not more than 50 percent of the funds provided under this heading may be used for capital projects along the Northeast Corridor.CommentsClose CommentsPermalink
Federal Transit Administration
SUPPLEMENTAL DISCRETIONARY GRANTS FOR PUBLIC TRANSIT INVESTMENT
For an additional amount for capital expenditures authorized under
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
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Supplemental Grants to Public Housing Agencies for Capital Needs
For an additional amount for discretionary grants to public housing agencies for capital expenditures permitted under section 9(d)(1) of the United States Housing Act of 1937, as amended, $700,000,000: Provided, That in allocating discretionary grants under this paragraph, the Secretary of Housing and Urban Development shall give priority consideration to housing agencies that have projects that are ready-to-go, as well as projects resulting in the rehabilitation of vacant rental units or improved energy efficiency: Provided further, That the Secretary may also give priority to projects that require additional capital to complete development transactions stalled by changes in the low-income housing tax credit and housing bond markets: Provided further, That the Secretary shall not provide any additional priority to any housing agency that is under the receivership of the Department and no housing agency shall receive more than 5 percent of the total amount provided: Provided further, That notwithstanding any other provision of law, the Secretary shall institute measures to ensure that funds provided under this paragraph shall be obligated within 180 days of the date of enactment of this Act and shall serve to supplement and not supplant expenditures from other Federal, State, or local sources: Provided further, That in administering funds provided in this paragraph, the Secretary may waive any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding that such waiver is required to facilitate the timely use of such funds.CommentsClose CommentsPermalink
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 (
HOUSING ASSISTANCE FOR TENANTS DISPLACED BY FORECLOSURE
For an additional amount to provide relocation and temporary housing assistance to individuals and families that rent dwelling units that have been foreclosed upon, or are in default and where foreclosure is imminent, $575,000,000: Provided, That the Secretary of Housing and Urban Development shall establish a formula to allocate amounts made available under this heading to States and units of general local government (as such terms are defined in section 102 of the Housing and Community Development Act of 1974 (
Federal Housing Administration
INFORMATION TECHNOLOGY
For an additional amount to maintain, modernize and improve technology systems and infrastructure for the Federal Housing Administration, $36,093,000: Provided, That these funds shall serve to supplement and not supplant planned expenditures for the Federal Housing Administration for information technology maintenance and development funding provided through the Departmental Working Capital Fund.CommentsClose CommentsPermalink
SALARIES AND EXPENSES
For an additional amount for salaries and expenses for the Federal Housing Administration, $15,000,000: Provided, That of the total amount provided under this paragraph, not less than $13,000,000 shall be made available under the heading ‘Housing Personnel Compensation and Benefits’ and up to $2,000,000 shall be made available under the heading ‘Management and Administration, Administration, Operations and Management’: Provided further, That with funding provided under this paragraph, the Federal Housing Administration Commissioner is hereby authorized to take such actions and perform such functions as necessary regarding the hiring of personnel for performing functions of the Federal Housing Administration within the Office of Housing.CommentsClose CommentsPermalink
GENERAL PROVISIONS--THIS CHAPTER
SEC. 1901.
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:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 1903. (a) SURVEY- Not later than 60 days after the date of enactment of this Act, the Secretary of Commerce shall conduct a survey to estimate, for any area for which the President declared a major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(b) FUNDS- The Secretary of Housing and Urban Development shall use information provided under subsection (a) in allocating funds provided under the heading ‘Community Planning and Development, Community Development Fund’ in
TITLE II--NUTRITION PROGRAMS FOR ECONOMIC STIMULUSCommentsClose CommentsPermalink
SEC. 2001. NUTRITION PROGRAMS FOR ECONOMIC STIMULUS.
(a) Maximum Benefit Increase-CommentsClose CommentsPermalink
(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 (
(2) TERMINATION OF EFFECTIVENESS- The authority provided by this subsection terminates and has no effect, effective on October 1, 2009.CommentsClose CommentsPermalink
(b) Requirements for the Secretary- In carrying out this section, the Secretary shall--CommentsClose CommentsPermalink
(1) consider the benefit increase described in subsection (a) to be a ‘mass change’;CommentsClose CommentsPermalink
(2) require a simple process for States to notify households of the increase in benefits;CommentsClose CommentsPermalink
(3) consider section 16(c)(3)(A) of the Food and Nutrition Act of 2008 (
(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 (
(c) State Administrative Expenses-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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 (
(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.CommentsClose CommentsPermalink
TITLE III--STATE FISCAL RELIEFCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) General 8 Percentage Points Increase for Fiscal Year 2009 and First Calendar Quarter of Fiscal Year 2010-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to subsections (d), (e), and (f), for each State for fiscal year 2009 and for the first calendar quarter of fiscal year 2010, the FMAP (taking into account the application of subsections (a) and (b)) shall be increased by 8.0 percentage points.CommentsClose CommentsPermalink
(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 (
(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--CommentsClose CommentsPermalink
(1) disproportionate share hospital payments described in section 1923 of such Act (
(2) payments under title IV or XXI of such Act (
(3) any payments under title XIX of such Act that are based on the enhanced FMAP described in section 2105(b) of such Act (
(e) State Ineligibility-CommentsClose CommentsPermalink
(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 (
(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 (
(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 (
(f) Requirements-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(g) Definitions- In this section:CommentsClose CommentsPermalink
(1) FMAP- The term ‘FMAP’ means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (
(2) STATE- The term ‘State’ has the meaning given such term for purposes of title XIX of the Social Security Act (
(h) Repeal- Effective as of January 1, 2010, this section is repealed.CommentsClose CommentsPermalink
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 (
TITLE IV--UNEMPLOYMENT INSURANCECommentsClose CommentsPermalink
SEC. 4001. EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.
(a) Additional First-Tier Benefits- Section 4002(b)(1) of the Supplemental Appropriations Act, 2008 (
(1) in subparagraph (A), by striking ‘50’ and inserting ‘80’; andCommentsClose CommentsPermalink
(2) in subparagraph (B), by striking ‘13’ and inserting ‘20’.CommentsClose CommentsPermalink
(b) Second-Tier Benefits- Section 4002 of the Supplemental Appropriations Act, 2008 (
‘(c) Special Rule-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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, orCommentsClose CommentsPermalink
‘(B) 13 times the individual’s average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) such a period is then in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970;CommentsClose CommentsPermalink
‘(B) such a period would then be in effect for such State under such Act if section 203(d) of such Act--CommentsClose CommentsPermalink
‘(i) were applied by substituting ‘4’ for ‘5’ each place it appears; andCommentsClose CommentsPermalink
‘(ii) did not include the requirement under paragraph (1)(A) thereof; orCommentsClose CommentsPermalink
‘(C) such a period would then be in effect for such State under such Act if--CommentsClose CommentsPermalink
‘(i) section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); andCommentsClose CommentsPermalink
‘(ii) such section 203(f)--CommentsClose CommentsPermalink
‘(I) were applied by substituting ‘6.0’ for ‘6.5’ in paragraph (1)(A)(i) thereof; andCommentsClose CommentsPermalink
‘(II) did not include the requirement under paragraph (1)(A)(ii) thereof.CommentsClose CommentsPermalink
‘(3) LIMITATION- The account of an individual may be augmented not more than once under this subsection.’.CommentsClose CommentsPermalink
(c) Phaseout Provisions- Section 4007(b) of the Supplemental Appropriations Act, 2008 (
(1) in paragraph (1), by striking ‘paragraph (2),’ and inserting ‘paragraphs (2) and (3),’; andCommentsClose CommentsPermalink
(2) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(3) TERMINATION- No compensation under this title shall be payable for any week beginning after November 27, 2009.’.CommentsClose CommentsPermalink
(d) Effective Date-CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
TITLE V--NATIONAL PARK CENTENNIAL FUND ACTCommentsClose CommentsPermalink
SECTION 5001. SHORT TITLE.
This Act may be cited as the ‘National Park Centennial Fund Act’.CommentsClose CommentsPermalink
SEC. 5002. DEFINITIONS.
In this Act:CommentsClose CommentsPermalink
(1) FUND- The term ‘Fund’ means the National Park Centennial Fund established under section 5003.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) PROJECT OR PROGRAM- The term ‘Project or program’ means a National Park Centennial Project or Program funded pursuant to this Act.CommentsClose CommentsPermalink
(4) PROPOSAL- The term ‘Proposal’ means a National Park Centennial Proposal submitted pursuant to section 5004.CommentsClose CommentsPermalink
(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(1) Cash donations received by the National Park Service in support of projects or programs authorized by this Act.CommentsClose CommentsPermalink
(2) From the General Fund, an amount equivalent to--CommentsClose CommentsPermalink
(A) the amount described in paragraph (1), excluding donations pledged through a letter of credit in a prior year; andCommentsClose CommentsPermalink
(B) the amount of donations pledged through letters of credit in the same fiscal year.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) shall include proposals having an aggregate cost to the Federal Government equal to the unobligated amount in the Fund;CommentsClose CommentsPermalink
(2) shall include only proposals consistent with National Park Service policies and adopted park planning documents;CommentsClose CommentsPermalink
(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 (
(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);CommentsClose CommentsPermalink
(5) shall give priority to proposals demonstrating long-term viability beyond receipts from the Fund;CommentsClose CommentsPermalink
(6) shall include only proposals meeting the requirements of one or more of the initiatives set forth in subsection (b);CommentsClose CommentsPermalink
(7) should contain proposals under each of the initiatives set forth in subsection (b); andCommentsClose CommentsPermalink
(8) shall give priority to proposals with committed, non-Federal support but shall also include proposals funded entirely by the Fund.CommentsClose CommentsPermalink
(b) National Park Centennial Initiatives- The requirements referred to in subsection (a)(6) are as follows:CommentsClose CommentsPermalink
(1) EDUCATION IN PARKS CENTENNIAL INITIATIVE- Proposals for the ‘Education in Parks Centennial Initiative’ shall meet the following requirements:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) Priority shall be given to proposals designed to bring students into the National Park System in person.CommentsClose CommentsPermalink
(C) Proposals should include strategies for encouraging young people to become lifelong advocates for National Parks.CommentsClose CommentsPermalink
(D) Proposals shall be developed in consultation with the leadership of educational and youth organizations expected to participate in the proposed initiative.CommentsClose CommentsPermalink
(2) DIVERSITY IN PARKS CENTENNIAL INITIATIVE-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) PROPOSALS- Proposals for the ‘Diversity in Parks Centennial Initiative’ shall meet the following requirements:CommentsClose CommentsPermalink
(i) Each proposal shall be based on recommendations contained in the report required in subparagraph (A).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) SUPPORTING PARK PROFESSIONALS CENTENNIAL INITIATIVE- Proposals for the ‘Supporting Park Professionals Centennial Initiative’ shall meet the following requirements:CommentsClose CommentsPermalink
(A) Taken as a whole, proposals shall provide specific opportunities for National Park Service employees, at all levels, to participate in professional career development.CommentsClose CommentsPermalink
(B) Proposals may include National Park Service-designed, internal professional development programs.CommentsClose CommentsPermalink
(C) Proposals may also be designed to facilitate participation in external professional development programs or established courses of study by National Park Service employees.CommentsClose CommentsPermalink
(4) ENVIRONMENTAL LEADERSHIP CENTENNIAL INITIATIVE- Proposals for the ‘Environmental Leadership Centennial Initiative’ shall meet the following requirements:CommentsClose CommentsPermalink
(A) Each proposal shall be designed to do one or more of the following:CommentsClose CommentsPermalink
(i) Reduce harmful emissions.CommentsClose CommentsPermalink
(ii) Conserve energy or water resources.CommentsClose CommentsPermalink
(iii) Reduce solid waste production within the National Park System.CommentsClose CommentsPermalink
(B) Each proposal shall include strategies for educating the public regarding Environmental Leadership projects and their results.CommentsClose CommentsPermalink
(C) Priority shall be given to proposals with the potential to spread technological advances to other Federal agencies or to the private sector.CommentsClose CommentsPermalink
(5) NATURAL RESOURCE PROTECTION CENTENNIAL INITIATIVE- Proposals for the ‘Natural Resource Protection Centennial Initiative’ shall meet the following requirements:CommentsClose CommentsPermalink
(A) Each proposal shall be designed to restore or conserve native ecosystems within the National Park System.CommentsClose CommentsPermalink
(B) Priority shall be given to proposals designed to control invasive species.CommentsClose CommentsPermalink
(C) Each proposal shall be based on the best available scientific information.CommentsClose CommentsPermalink
(6) CULTURAL RESOURCE PROTECTION CENTENNIAL INITIATIVE- Proposals for the ‘Cultural Resource Protection Centennial Initiative’ shall--CommentsClose CommentsPermalink
(A) either--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(ii) improve the condition of documented cultural resources within the National Park System;CommentsClose CommentsPermalink
(B) incorporate the best available scientific information; andCommentsClose CommentsPermalink
(C) where appropriate, be developed in consultation with Native American tribes, State historic preservation offices, or other organizations with cultural resource preservation expertise.CommentsClose CommentsPermalink
(7) HEALTH AND FITNESS IN PARKS CENTENNIAL INITIATIVE-CommentsClose CommentsPermalink
(A) IN GENERAL- Proposals for the ‘Health and Fitness in Parks Centennial Initiative’ shall fall into one or more of the following four categories:CommentsClose CommentsPermalink
(i) Proposals designed to repair, rehabilitate, or otherwise improve infrastructure, including trails, that facilitates healthy outdoor activity within the National Park System.CommentsClose CommentsPermalink
(ii) Proposals designed to expand opportunities for access to the National Park System for visitors with disabilities.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(iv) Proposals to develop outreach programs and media that provide public information regarding health and fitness opportunities within the National Park System.CommentsClose CommentsPermalink
(B) MISCELLANEOUS REQUIREMENTS- All proposals for ‘the Health and Fitness in Parks Centennial Initiative’ shall--CommentsClose CommentsPermalink
(i) be consistent with National Park Service policies and adopted park planning documents; andCommentsClose CommentsPermalink
(ii) be designed to provide for visitor enjoyment in such a way as to leave the National Park System unimpaired for future generations.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 5007. REPORTS.
For each fiscal year beginning in fiscal year 2009, the Secretary shall submit to Congress a report that includes the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) A cumulative summary of the results of the National Park Centennial program including recommendations for revisions to the program.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
TITLE VI--AUTOMOTIVE INDUSTRY ASSISTANCECommentsClose CommentsPermalink
SECTION 6001. DIRECT LOAN PROVISIONS.
(a) In General- The Emergency Economic Stabilization Act of 2008 (division A of
‘TITLE IV--DIRECT BRIDGE LOAN PROVISIONSCommentsClose CommentsPermalink
‘SEC. 401. FINDINGS.
‘Congress finds that extraordinary and exigent circumstances have prevented the automobile industry from securing essential credit and liquidity from other sources and that the failure of the automobile industry to obtain such credit and liquidity will have a systemic adverse effect on the economy.CommentsClose CommentsPermalink
‘SEC. 402. PURPOSES.
‘The purposes of this title are--CommentsClose CommentsPermalink
‘(1) to clarify that authority and facilities are available to be used immediately by the Secretary to restore liquidity and stability to the automobile industry in the United States;CommentsClose CommentsPermalink
‘(2) to ensure that such authority and such facilities are used in a manner that--CommentsClose CommentsPermalink
‘(A) stimulates manufacturing and sales of automobiles produced by automobile manufacturers in the United States;CommentsClose CommentsPermalink
‘(B) enhances the ability and the capacity of the domestic automobile industry to pursue the timely and aggressive production of energy-efficient advanced technology vehicles;CommentsClose CommentsPermalink
‘(C) preserves and promotes the jobs of 355,000 workers in the United States directly employed by the automobile industry and an additional 4,500,000 workers in the United States employed in related industries; andCommentsClose CommentsPermalink
‘(D) safeguards the ability of the domestic automobile industry to provide retirement and health care benefits for 1,000,000 retirees and their spouses and dependents; andCommentsClose CommentsPermalink
‘(3) to reaffirm the purposes of section 2, which include providing the Secretary with broad authority to restore liquidity and stability to financial institutions, including automobile finance companies.CommentsClose CommentsPermalink
‘SEC. 403. EMERGENCY DIRECT LOAN PROGRAM.
‘(a) In General- The Secretary shall make loans in an aggregate amount equal to $25,000,000,000, to any automobile manufacturer or component supplier that has--CommentsClose CommentsPermalink
‘(1) submitted an application for a loan under this title that includes a statement of need for Government funding under this title to prevent a systemic adverse effect on the United States economy;CommentsClose CommentsPermalink
‘(2) operated 2 or more manufacturing facilities for the purposes of producing automobiles or automobile components in the United States throughout the 25-year period ending on the date of enactment of this title; andCommentsClose CommentsPermalink
‘(3) operations in the United States the failure of which would have a systemic adverse effect on the overall United States economy, as determined by the Secretary.CommentsClose CommentsPermalink
‘(b) Allocation- In allocating loan amounts under this title, the Secretary shall prioritize applications based on the magnitude of the impact of the manufacturing operations of the applicant in the United States on the overall economy of the United States and other segments of the automobile industry, including the impact on levels of employment, domestic manufacturing of automobiles and automobile components, and automobile dealerships.CommentsClose CommentsPermalink
‘(c) Plan for Long-Term Financial Viability- At the time of application for a loan under this title, an automobile manufacturer or component supplier shall submit to the Secretary a detailed plan on how the Government funds requested will be utilized to ensure the long-term financial posture of the company, and how such funds will stimulate automobile production in the United States and improve the capacity of the company to pursue the timely and aggressive production of energy-efficient advanced technology vehicles.CommentsClose CommentsPermalink
‘(d) Authority to Issue Stock- At the discretion of the Secretary, the automobile manufacturer or component supplier may issue preferred stock in lieu of a loan, on analogous terms and conditions as those described for loans under this title.CommentsClose CommentsPermalink
‘SEC. 404. FUNDING FROM THIRD TRANCHE; TREATMENT OF LOAN AMOUNTS.
‘The costs incurred by the Federal Government in making loans under this title, including credit subsidy costs and administrative expenses, shall be covered out of the funds made available to the Secretary generally under section 118 and, specifically, not from funds which are described in paragraph (1) or (2) of section 115(a), but with respect to the availability of which the reporting and procedural requirements contained in paragraph (3) of such section and section 115(c) shall not apply.CommentsClose CommentsPermalink
‘SEC. 405. TIMING OF DISBURSEMENTS.
‘(a) Applications- On and after the date that is 3 days after the date of enactment of this title, the Secretary shall accept applications for loans under this title.CommentsClose CommentsPermalink
‘(b) Determination of Eligibility- Not later than 15 days after the date on which the Secretary receives an application for a loan under subsection (a), the Secretary shall make a determination regarding the eligibility of the applicant, based on whether the applicant meets the requirements of section 403(a).CommentsClose CommentsPermalink
‘(c) Disbursement- The Secretary shall begin disbursement of the proceeds of a loan under this title to an eligible applicant not later than 7 days after the date on which the Secretary receives a disbursal request from the applicant, upon a determination of the Secretary that the applicant is eligible under subsection (b).CommentsClose CommentsPermalink
‘SEC. 406. TERMS AND CONDITIONS.
‘(a) Term to Maturity- The term to maturity of any loan made under this title shall be 10 years, or such longer period as the Secretary may determine with respect to such loan.CommentsClose CommentsPermalink
‘(b) Rate of Interest- The annual rate of interest for a loan under this title shall be--CommentsClose CommentsPermalink
‘(1) 5 percent during the 5-year period beginning on the date on which the Secretary disburses the loan; andCommentsClose CommentsPermalink
‘(2) 9 percent after the end of the period described in paragraph (1).CommentsClose CommentsPermalink
‘(c) Warrants and Debt Instruments- The Secretary may not make a loan under this title unless the Secretary receives from the automobile manufacturer or component supplier a warrant or senior debt instrument made in accordance with the requirements for a warrant or senior debt instrument by a financial institution under section 113(d).CommentsClose CommentsPermalink
‘(d) No Prepayment Penalty- A loan made under this title shall be prepayable without penalty at any time.CommentsClose CommentsPermalink
‘(e) Executive Compensation-CommentsClose CommentsPermalink
‘(1) STANDARDS REQUIRED- The Secretary shall require any recipient of a loan under this title to meet appropriate standards for executive compensation and corporate governance.CommentsClose CommentsPermalink
‘(2) SPECIFIC REQUIREMENTS- The standards established under paragraph (1) shall include the following:CommentsClose CommentsPermalink
‘(A) Limits on compensation that exclude incentives for senior executive officers of a recipient of a loan under this title to take unnecessary and excessive risks that threaten the value of such recipient during the period that the loan is outstanding.CommentsClose CommentsPermalink
‘(B) A provision for the recovery by such recipient of any bonus or incentive compensation paid to a senior executive officer based on statements of earnings, gains, or other criteria that are later found to be materially inaccurate.CommentsClose CommentsPermalink
‘(C) A prohibition on such recipient making any golden parachute payment to a senior executive officer during the period that the loan under this title is outstanding.CommentsClose CommentsPermalink
‘(D) A prohibition on such recipient paying or accruing any bonus or incentive compensation during the period that the loan is outstanding to any executive whose annual base compensation exceeds $250,000 (which amount shall be adjusted by the Secretary for inflation).CommentsClose CommentsPermalink
‘(E) A prohibition on any compensation plan that could encourage manipulation of the reported earnings of the recipient to enhance the compensation of any of its employees.CommentsClose CommentsPermalink
‘(3) DEFINITIONS- For purposes of this subsection, the following definitions shall apply:CommentsClose CommentsPermalink
‘(A) SENIOR EXECUTIVE OFFICER- The term ‘senior executive officer’ means an individual who is 1 of the top 5 most highly paid executives of a public company, whose compensation is required to be disclosed pursuant to the Securities Exchange Act of 1934, and any regulations issued thereunder, and non-public company counterparts.CommentsClose CommentsPermalink
‘(B) GOLDEN PARACHUTE PAYMENT- The term ‘golden parachute payment’ means any payment to a senior executive officer for departure from a company for any reason.CommentsClose CommentsPermalink
‘(f) Prohibition on Payment of Dividends- No common stock dividends may be paid by any recipient of a loan under this title for the duration of the loan.CommentsClose CommentsPermalink
‘(g) Other Interests Subordinated- Any obligation or liability of a recipient of a loan under this title to any person shall be subordinate to the liability and obligation of the recipient for such loan.CommentsClose CommentsPermalink
‘SEC. 407. OVERSIGHT.
‘(a) In General- The provisions of sections 105, 116, 121, and 125 shall apply with respect to any loans made under this title, to the extent possible, in the same manner and to the same extent as such sections apply to transactions made under the authority of title I.’.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendments-CommentsClose CommentsPermalink
(1) TABLE OF CONTENTS- The table of contents in section 1(b) of the Emergency Economic Stabilization Act of 2008 (division A of
Public Law 110-343 ) is amended--CommentsClose CommentsPermalink
(A) by inserting after the item relating to section 3 the following new item:CommentsClose CommentsPermalink
‘Sec. 4. References.’CommentsClose CommentsPermalink
; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘TITLE IV--DIRECT BRIDGE LOAN PROVISIONS
‘Sec. 401. Findings.CommentsClose CommentsPermalink
‘Sec. 402. Purposes.CommentsClose CommentsPermalink
‘Sec. 403. Emergency direct loan program.CommentsClose CommentsPermalink
‘Sec. 404. Funding from third tranche; treatment of loan amounts.CommentsClose CommentsPermalink
‘Sec. 405. Timing of disbursements.CommentsClose CommentsPermalink
‘Sec. 406. Terms and conditions.CommentsClose CommentsPermalink
‘Sec. 407. Oversight.’CommentsClose CommentsPermalink
(2) REFERENCES- The Emergency Economic Stabilization Act of 2008 (division A of
Public Law 110-343 ) is amended by inserting after section 3 the following new section:CommentsClose CommentsPermalink
‘SEC. 4. REFERENCES.
‘Any reference--CommentsClose CommentsPermalink
‘(1) in this division to ‘this Act’ or any subdivision thereof is a reference to this division A or any subdivision thereof;CommentsClose CommentsPermalink
‘(2) in division (B) to ‘this Act’ or any subdivision thereof is a reference to division B or any subdivision thereof; andCommentsClose CommentsPermalink
‘(3) in division (C) to ‘this Act’ or any subdivision thereof is a reference to division C or any subdivision thereof.’.CommentsClose CommentsPermalink
TITLE VII--AUTO SALES TAX DEDUCTIONSCommentsClose CommentsPermalink
SECTION 7001. ABOVE-THE-LINE DEDUCTION FOR INTEREST ON INDEBTEDNESS WITH RESPECT TO THE PURCHASE OF CERTAIN MOTOR VEHICLES.
(a) In General- Paragraph (2) of section 163(h) of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink
(1) by striking ‘and’ at the end of subparagraph (E),CommentsClose CommentsPermalink
(2) by striking the period at the end of subparagraph (F) and inserting ‘, and’, andCommentsClose CommentsPermalink
(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(G) any qualified motor vehicle interest (within the meaning of paragraph (5).’.CommentsClose CommentsPermalink
(b) Qualified Motor Vehicle Interest- Section 163(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(5) QUALIFIED MOTOR VEHICLE INTEREST- For purposes of this subsection--CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘qualified motor vehicle interest’ means any interest which is paid or accrued during the taxable year on any indebtedness which--CommentsClose CommentsPermalink
‘(i) is incurred after November 12, 2008, and before January 1, 2010, in acquiring any qualified motor vehicle of the taxpayer, andCommentsClose CommentsPermalink
‘(ii) is secured by such qualified motor vehicle.CommentsClose CommentsPermalink
Such term also includes any indebtedness secured by such qualified motor vehicle resulting from the refinancing of indebtedness meeting the requirements of the preceding sentence (or this sentence); but only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness.CommentsClose CommentsPermalink
‘(B) DOLLAR LIMITATION- The aggregate amount of indebtedness treated as described in subparagraph (A) for any period shall not exceed $49,500 ($24,750 in the case of a separate return by a married individual).CommentsClose CommentsPermalink
‘(C) INCOME LIMITATION- The amount otherwise treated as interest under subparagraph (A) for any taxable year (after the application of subparagraph (B)) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so treated as--CommentsClose CommentsPermalink
‘(i) the excess (if any) of--CommentsClose CommentsPermalink
‘(I) the taxpayer’s modified adjusted gross income for such taxable year, overCommentsClose CommentsPermalink
‘(II) $125,000 ($250,000 in the case of a joint return), bears toCommentsClose CommentsPermalink
‘(ii) $10,000.CommentsClose CommentsPermalink
For purposes of the preceding sentence, the term ‘modified adjusted gross income’ means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.CommentsClose CommentsPermalink
‘(D) QUALIFIED MOTOR VEHICLE- The term ‘qualified motor vehicle’ means a passenger automobile (within the meaning of section 30B(h)(3)) or a light truck (within the meaning of such section)--CommentsClose CommentsPermalink
‘(i) which is acquired for use by the taxpayer and not for resale after November 12, 2008, and before January 1, 2010,CommentsClose CommentsPermalink
‘(ii) the original use of which commences with the taxpayer, andCommentsClose CommentsPermalink
‘(iii) which has a gross vehicle weight rating of not more than 8,500 pounds.’.CommentsClose CommentsPermalink
(c) Deduction Allowed Above-the-Line- Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (21) the following new paragraph:CommentsClose CommentsPermalink
‘(22) QUALIFIED MOTOR VEHICLE INTEREST- The deduction allowed under section 163 by reason of subsection (h)(2)(G) thereof.’.CommentsClose CommentsPermalink
(d) Reporting of Qualified Motor Vehicle Interest-CommentsClose CommentsPermalink
(1) IN GENERAL- Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘SEC. 6050X. RETURNS RELATING TO QUALIFIED MOTOR VEHICLE INTEREST RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS.
‘(a) Qualified Motor Vehicle Interest- Any person--CommentsClose CommentsPermalink
‘(1) who is engaged in a trade or business, andCommentsClose CommentsPermalink
‘(2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on any indebtedness secured by a qualified motor vehicle (as defined in section 163(h)(5)(D)),CommentsClose CommentsPermalink
shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe.CommentsClose CommentsPermalink
‘(b) Form and Manner of Returns- A return is described in this subsection if such return--CommentsClose CommentsPermalink
‘(1) is in such form as the Secretary may prescribe,CommentsClose CommentsPermalink
‘(2) contains--CommentsClose CommentsPermalink
‘(A) the name and address of the individual from whom the interest described in subsection (a)(2) was received,CommentsClose CommentsPermalink
‘(B) the amount of such interest received for the calendar year, andCommentsClose CommentsPermalink
‘(C) such other information as the Secretary may prescribe.CommentsClose CommentsPermalink
‘(c) Application to Governmental Units- For purposes of subsection (a)--CommentsClose CommentsPermalink
‘(1) TREATED AS PERSONS- The term ‘person’ includes any governmental unit (and any agency or instrumentality thereof).CommentsClose CommentsPermalink
‘(2) SPECIAL RULES- In the case of a governmental unit or any agency or instrumentality thereof--CommentsClose CommentsPermalink
‘(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, andCommentsClose CommentsPermalink
‘(B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return.CommentsClose CommentsPermalink
‘(d) Statements to Be Furnished to Individuals With Respect to Whom Information Is Required- Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing--CommentsClose CommentsPermalink
‘(1) the name, address, and phone number of the information contact of the person required to make such return, andCommentsClose CommentsPermalink
‘(2) the aggregate amount of interest described in subsection (a)(2) received by the person required to make such return from the individual to whom the statement is required to be furnished.CommentsClose CommentsPermalink
The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.CommentsClose CommentsPermalink
‘(e) Returns Which Would Be Required to Be Made by 2 or More Persons- Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).’.CommentsClose CommentsPermalink
(2) AMENDMENTS RELATING TO PENALTIES-CommentsClose CommentsPermalink
(A) Section 6721(e)(2)(A) of such Code is amended by striking ‘or 6050L’ and inserting ‘6050L, or 6050X’.CommentsClose CommentsPermalink
(B) Section 6722(c)(1)(A) of such Code is amended by striking ‘or 6050L(c)’ and inserting ‘6050L(c), or 6050X(d)’.CommentsClose CommentsPermalink
(C) Subparagraph (B) of section 6724(d)(1) of such Code is amended by redesignating clauses (xvi) through (xxii) as clauses (xvii) through (xxiii), respectively, and by inserting after clause (xii) the following new clause:CommentsClose CommentsPermalink
‘(xvi) section 6050X (relating to returns relating to qualified motor vehicle interest received in trade or business from individuals),’.CommentsClose CommentsPermalink
(D) Paragraph (2) of section 6724(d) of such Code is amended by striking the period at the end of subparagraph (DD) and inserting ‘, or’ and by inserting after subparagraph (DD) the following new subparagraph:CommentsClose CommentsPermalink
‘(EE) section 6050X(d) (relating to returns relating to qualified motor vehicle interest received in trade or business from individuals).’.CommentsClose CommentsPermalink
(3) CLERICAL AMENDMENT- The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050W the following new item:CommentsClose CommentsPermalink
‘Sec. 6050X. Returns relating to qualified motor vehicle interest received in trade or business from individuals.’.CommentsClose CommentsPermalink
SEC. 7002. ABOVE-THE-LINE DEDUCTION FOR STATE SALES TAX AND EXCISE TAX ON THE PURCHASE OF CERTAIN MOTOR VEHICLES.
(a) In General- Subsection (a) of section 164 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (5) the following new paragraph:CommentsClose CommentsPermalink
‘(6) Qualified motor vehicle taxes.’.CommentsClose CommentsPermalink
(b) Qualified Motor Vehicle Taxes- Subsection (b) of section 164 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(6) QUALIFIED MOTOR VEHICLE TAXES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- For purposes of this section, the term ‘qualified motor vehicle taxes’ means any State and local sales or excise tax imposed on the purchase of a qualified motor vehicle (as defined in section 163(h)(5)(D)).CommentsClose CommentsPermalink
‘(B) INCOME LIMITATION- The amount otherwise taken into account under subparagraph (A) for any taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so treated as--CommentsClose CommentsPermalink
‘(i) the excess (if any) of--CommentsClose CommentsPermalink
‘(I) the taxpayer’s modified adjusted gross income for such taxable year, overCommentsClose CommentsPermalink
‘(II) $125,000 ($250,000 in the case of a joint return), bears toCommentsClose CommentsPermalink
‘(ii) $10,000.CommentsClose CommentsPermalink
For purposes of the preceding sentence, the term ‘modified adjusted gross income’ means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.CommentsClose CommentsPermalink
‘(C) QUALIFIED MOTOR VEHICLE TAXES NOT INCLUDED IN COST OF ACQUIRED PROPERTY- The last sentence of subsection (a) shall not apply to any qualified motor vehicle taxes.CommentsClose CommentsPermalink
‘(D) COORDINATION WITH GENERAL SALES TAX- This paragraph shall not apply in the case of a taxpayer who makes an election under paragraph (5) for the taxable year.’.CommentsClose CommentsPermalink
(c) Conforming Amendments- Paragraph (5) of section 163(h) of the Internal Revenue Code of 1986, as added by section 1, is amended--CommentsClose CommentsPermalink
(1) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(E) EXCLUSION- If the indebtedness described in subparagraph (A) includes the amounts of any State sales or excise taxes paid or accrued by the taxpayer in connection with the acquisition of a qualified motor vehicle, the aggregate amount of such indebtedness taken into account under such subparagraph shall be reduced, but not below zero, by the amount of any such taxes for which a deduction is allowed under section 164(a) by reason of paragraph (6) thereof.’, andCommentsClose CommentsPermalink
(2) by inserting ‘, after the application of subparagraph (E),’ after ‘for any period’ in subparagraph (B).CommentsClose CommentsPermalink
(d) Deduction Allowed Above-the-Line- Section 62(a) of the Internal Revenue Code of 1986, as amended by section 1, is amended by inserting after paragraph (22) the following new paragraph:CommentsClose CommentsPermalink
‘(23) QUALIFIED MOTOR VEHICLE TAXES- The deduction allowed under section 164 by reason of subsection (a)(6) thereof.’.CommentsClose CommentsPermalink
TITLE VIII
GENERAL PROVISIONS--THIS ACT
EMERGENCY DESIGNATION
SEC. 8001. Each amount in this Act is designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent resolutions on the budget for fiscal years 2008 and 2009.CommentsClose CommentsPermalink
AVAILABILITY
SEC. 8002. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.CommentsClose CommentsPermalink
This Act may be cited as the ‘Economic Recovery Act of 2008’.CommentsClose CommentsPermalink
Calendar No. 122CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3689CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
Making supplemental appropriations for job creation and preservation, infrastructure investment, and economic and energy assistance for the fiscal year ending September 30, 2009, and for other purposes.CommentsClose CommentsPermalink
November 18, 2008CommentsClose CommentsPermalink
Read the second time and placed on the calendarCommentsClose CommentsPermalink
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