Forest Service

capital improvement and maintenance

(including transfers of funds)

For an additional amount for `Capital Improvement and Maintenance', $30,000,000, to remain available until expended, for necessary expenses, including cleanup, related to the consequences of hurricanes, floods and other natural disasters.

wildland fire management

(including transfers of funds)

For an additional amount for `Wildland Fire Management', $775,000,000, to remain available until expended, of which (1) $500,000,000 shall be available for emergency wildfire suppression and related activities, of which no less than $300,000,000 shall be transferred to Forest Service accounts within 15 days of enactment of this Act so that all such transfers for wildfire suppression in fiscal year 2008 are fully repaid, including $30,000,000 reallocated between programs in the Wildland Fire Management Account; and of which $100,000,000 shall be transferred within 15 days of enactment of this Act to the fund established by section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.) to repay transfers made for previous emergency wildfire suppression activities; (2) $175,000,000 shall be available for hazardous fuels reduction and hazard mitigation activities in areas at high risk of catastrophic wildfire due to population density and fuel loads, of which $125,000,000 is available for work on State and private lands using all the authorities available to the Forest Service; (3) $75,000,000 is for rehabilitation and restoration of Federal lands and may be transferred to other Forest Service accounts as necessary; and (4) $25,000,000 is for preparedness for retention initiatives in areas at high risk of catastrophic wildfire that face recurrent staffing shortages.

CHAPTER 7--HEALTH AND HUMAN SERVICES AND EDUCATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

social services block grant

For an additional amount for `Social Services Block Grant', $600,000,000, which shall remain available through September 30, 2009, for necessary expenses resulting from hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, and from Hurricanes Katrina and Rita, notwithstanding section 2003 and paragraphs (1) and (4) of section 2005(a) of the Social Security Act: Provided, That notwithstanding section 2002 of the Social Security Act, the distribution of such amount shall be limited to States directly affected by these events: Provided further, That the Secretary of Health and Human Services shall distribute such amount to eligible States based on demonstrated need in accordance with objective criteria that are made available to the public: Provided further, That in addition to other uses permitted by title XX of the Social Security Act, funds appropriated under this heading may be used for health services (including mental health services), and for repair, renovation, and construction of health care facilities (including mental health facilities), child care centers, and other social services facilities.

DEPARTMENT OF EDUCATION

School Improvement Programs

For an additional amount for `School Improvement Programs' for education for homeless children and youths (as defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), $15,000,000, to remain available through September 30, 2009: Provided, That such funds shall be made available, based on demonstrated need, only to local educational agencies whose enrollment of homeless students has increased as a result of hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974: Provided further, That such funds shall be used for the activities described in section 723(d) of such Act (42 U.S.C. 11433(d)) and services provided using such funds shall comply with paragraphs (2) and (3) of section 723(a) of such Act (42 U.S.C. 11433(a)): Provided further, That the local educational agency requirements described in paragraphs (3) through (7) of section 722(g) of such Act (42 U.S.C. 11432(g)) shall apply: Provided further, That the Secretary of Education shall distribute these funds to such local educational agencies not later than 120 days after the date of the enactment of this Act.

Higher Education Disaster Relief

For an additional amount under part B of title VII of the Higher Education Act of 1965 (`HEA') for institutions of higher education (as defined in section 101 or section 102(c) of that Act) that are located in an area affected by hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, $15,000,000, to remain available through September 30, 2009: Provided, That such funds shall be available to the Secretary of Education only for payments to help defray the expenses (which may include lost revenue, reimbursement for expenses already incurred, and construction) incurred by such institutions of higher education that were forced to close, relocate, or whose operations were impaired as a result of damage directly caused by such hurricanes, floods, and other natural disasters occurring during 2008, and for payments to enable such institutions to provide grants to students who attend such institutions for academic years beginning on or after July 1, 2008: Provided further, That such payments shall be made in accordance with criteria established by the Secretary and made publicly available without regard to section 437 of the General Education Provisions Act, section 553 of title 5, United States Code, or part B of title VII of the HEA: Provided further, That the Secretary shall award funds available under this paragraph not later than 60 days after the date of the enactment of this Act.

GENERAL PROVISIONS, THIS CHAPTER

Sec. 10701. (a) Extension of Waiver Authority- Section 105 of subtitle A of title IV of division B of Public Law 109-148 (119 Stat. 2797) is amended--

(1) in subsection (b)--

(A) in the first sentence, by striking `for fiscal year 2007.' and inserting `for any of fiscal years 2007 through 2009.'; and

(B) by striking the second sentence; and

(2) in subsection (c)(2), by striking `for fiscal year 2006 or 2007' and inserting `for any fiscal year'.

(b) Application of Waiver Authority to Areas Affected in 2008- The authority of the Secretary of Education under section 105 of subtitle A of title IV of division B of Public Law 109-148 (119 Stat. 2797), as amended by subsection (a), may be exercised with respect to an entity in an area affected by hurricanes, floods, and other natural disasters occurring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974.

Sec. 10702. (a) Allocation and Use of Campus-Based Higher Education Assistance-

(1) WAIVER OF MATCHING REQUIREMENTS- Notwithstanding sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of 1965 (20 U.S.C. 1070b-2(a)(2); 42 U.S.C. 2753(b)(5)), with respect to funds made available for academic year 2009-2010 to an institution of higher education located in an area affected by a 2008 natural disaster, the Secretary shall waive the requirement that a participating institution of higher education provide a non-Federal share or a capital contribution, as the case may be, to match Federal funds provided to the institution for the programs authorized pursuant to subpart 3 of part A and part C of title IV of such Act.

(2) WAIVER OF REALLOCATION RULES-

(A) AUTHORITY TO REALLOCATE- Notwithstanding sections 413D(d) and 442(d) of the Higher Education Act of 1965 (20 U.S.C. 1070b-3(d); 42 U.S.C. 2752(d)), the Secretary shall--

(i) reallocate any funds returned under any of those sections that were allocated to institutions of higher education for award year 2008-2009 to an institution of higher education that is eligible under this paragraph; and

(ii) waive the allocation reduction for award year 2009-2010 for an institution returning more than 10 percent of its allocation under any of those sections.

(B) ELIGIBLE INSTITUTIONS FOR REALLOCATION- An institution of higher education may receive a reallocation of excess allocations under this paragraph if the institution--

(i) participates in the program for which excess allocations are being reallocated; and

(ii) is located in an area affected by a 2008 natural disaster.

(C) BASIS OF REALLOCATION- The Secretary shall determine the manner in which excess allocations shall be reallocated to institutions under subparagraph (A), and shall give additional consideration to the needs of institutions located in an area affected by a 2008 natural disaster.

(D) ADDITIONAL WAIVER AUTHORITY- Notwithstanding any other provision of law, in order to carry out this paragraph, the Secretary may waive or modify any statutory or regulatory provision relating to the reallocation of excess allocations under subpart 3 of part A or part C of title IV of the Higher Education Act of 1965 in order to ensure that assistance is received by institutions described in subsection (a)(2)(B).

(b) Definitions- In this section:

(1) 2008 NATURAL DISASTER- The term `2008 natural disaster' means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) that was caused by hurricanes, floods, and other natural disasters during calendar year 2008.

(2) AREA AFFECTED BY A 2008 NATURAL DISASTER- The term `area affected by a 2008 natural disaster' means a county or parish that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of a 2008 natural disaster.

(3) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

(4) SECRETARY- The term `Secretary' means the Secretary of Education.

CHAPTER 8--MILITARY CONSTRUCTION

DEPARTMENT OF DEFENSE

Military Construction, Army National Guard

For an additional amount for `Military Construction, Army National Guard', $25,000,000, to remain available until September 30, 2013, for construction due to damages as a result of natural disasters: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military contruction projects not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act, the Army National Guard shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading.

CHAPTER 9--DEPARTMENT OF STATE AND FOREIGN OPERATIONS

International Commissions

international boundary and water commission, united states and mexico

construction

For an additional amount for `Construction', for the water quantity program to meet immediate and emergency repair and rehabilitation requirements, $37,500,000, to remain available until expended: Provided, That up to $3,000,000 may be transferred to, and merged with, funds available under the heading `International Boundary and Water Commission--Salaries and Expenses': Provided further, That not later than 60 days after enactment of this Act, the Commission shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spending plan for funds appropriated under this heading.

CHAPTER 10--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

federal-aid highways

emergency relief program

For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, $850,000,000, to remain available until expended: Provided, That notwithstanding section 125(d)(1) of such title, the Secretary of Transportation may obligate more than $100,000,000 for eligible expenses in a State in a fiscal year to respond to damage caused by Hurricanes Gustav and Ike.

Federal Railroad Administration

railroad rehabilitation and repair

For necessary expenses for the Secretary of Transportation to make grants to repair and rehabilitate Class II and Class III railroad infrastructure damaged by hurricanes, floods, and other natural disasters in areas for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, $20,000,000, to remain available until expended, and to be awarded to States on a competitive case-by-case basis based on need: Provided, That funds available under this heading shall be available for repair and rehabilitation of railroad rights-of-way, bridges, signals, and other infrastructure which is part of the general railroad system of transportation and primarily used by railroads to move freight traffic: Provided further, That the maximum Federal share for carrying out a project under this heading shall be 80 percent of the project cost with the non-Federal share provided only in cash, equipment or supplies: Provided further, That the Secretary may retain up to one-half of 1 percent of the funds under this heading to fund the oversight by the Administrator of the Federal Railroad Administration of the design and implementation of projects funded by grants made under this heading: Provided further, That the provisions of section 24312 of title 49, United States Code, shall apply to grantees assisted under this heading: Provided further, That grantees must exhaust all other Federal and State resources prior to seeking assistance under this heading.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Public and Indian Housing

tenant-based rental assistance

For an additional amount for `Tenant-Based Rental Assistance', as authorized under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), not otherwise provided for, $85,000,000, to remain available until expended, for incremental housing assistance, including related administrative expenses, for persons assisted under the Disaster Housing Assistance Program whose assistance would otherwise end on March 1, 2009.

project-based rental assistance

For an additional amount to areas impacted by Hurricanes Katrina and Rita for project-based vouchers under section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), $50,000,000, to remain available until expended.

public housing capital fund

For an additional amount to be made available to the Secretary of Housing and Urban Development, $15,000,000, notwithstanding any other provision of law, to be used solely for the redevelopment of public housing impacted by Hurricanes Katrina and Rita.

Community Planning and Development

community development fund

For an additional amount for the `Community Development Fund', for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure, housing, and economic revitalization in areas affected by hurricanes, floods, and other natural disasters occuring during 2008 for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974, $6,500,000,000, to remain available until expended, for activities authorized under title I of the Housing and Community Development Act of 1974 (Public Law 93-383): Provided, That funds provided under this heading shall be administered through an entity or entities designated by the Governor of each State: Provided further, That such funds may not be used for activities reimbursable by, or for which funds are made available by, the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not adversely affect the amount of any formula assistance received by a State under the Community Development Fund: Provided further, That each State may use up to 5 percent of its allocation for administrative costs: Provided further, That $6,500,000 shall be available for use by the Assistant Secretary of Community Planning and Development for the administrative costs, including information technology costs, with respect to amounts made available under this section and under section 2301(a) of the Housing and Economic Recovery Act of 2008. Provided further, That not less than $650,000,000 from funds made available on a pro-rata basis according to the allocation made to each State under this heading shall be used for repair, rehabilitation, and reconstruction (including demolition, site clearance and remediation) of the affordable rental housing stock (including public and other HUD-assisted housing) in the impacted areas where there is a demonstrated need as determined by the Secretary: Provided further, That in administering the funds under this heading, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, 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 or guarantees (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a request by a State explaining why such waiver is required to facilitate the use of such funds or guarantees, if the Secretary finds that such waiver would not be inconsistent with the overall purpose of title I of the Housing and Community Development Act of 1974: Provided further, That a waiver granted by the Secretary under the preceding proviso may not reduce the percentage of funds which must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce or eliminate the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver: Provided further, That every waiver made by the Secretary must be reconsidered according to the three previous provisos on the 2-year anniversary of the day the Secretary published the waiver in the Federal Register: Provided further, That the Secretary shall allocate to the states not less than 33 percent of the funding provided under this heading within 60 days after the enactment of this Act based on the best estimates available of relative damage and anticipated assistance from other Federal sources: Provided further, That prior to the obligation of funds each State shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure: Provided further, That each State will report quarterly to the Committees on Appropriations on all awards and uses of funds made available under this heading, including specifically identifying all awards of sole-source contracts and the rationale for making the award on a sole-source basis: Provided further, That the Secretary shall notify the Committees on Appropriations of any proposed allocation of any funds and any related waivers made pursuant to the provisions under this heading no later than 5 days before such allocation or waiver is made: Provided further, That the Secretary shall establish procedures to prevent recipients from receiving any duplication of benefits and report quarterly to the Committees on Appropriations with regard to all steps taken to prevent fraud and abuse of funds made available under this heading including duplication of benefits: Provided further, That none of the funds provided under this heading may be used by a State or locality as a matching requirement, share, or contribution for any other Federal program.

GENERAL PROVISIONS, THIS CHAPTER

Sec. 11001.