PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2323 

Public Law 110–252 

110th Congress 

An Act 

Making appropriations for military construction, the Department of Veterans Affairs, 

and related agencies for the fiscal year ending September 30, 2008, and for 

other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That the 

following sums are appropriated, out of any money in the Treasury 

not otherwise appropriated, for the fiscal year ending September 

30, 2008, and for other purposes, namely: 

TITLE I—MILITARY CONSTRUCTION, VETERANS AFFAIRS, 

INTERNATIONAL AFFAIRS, AND OTHER SECURITY-RELATED MATTERS 

CHAPTER 1—AGRICULTURE 

DEPARTMENT OF AGRICULTURE 

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE II GRANTS

For an additional amount for ‘‘Public Law 480 Title II Grants’’, 

$850,000,000, to remain available until expended. 

For an additional amount for ‘‘Public Law 480 Title II Grants’’, 

$395,000,000, to become available on October 1, 2008, and to remain 

available until expended. 

CHAPTER 2—JUSTICE 

DEPARTMENT OF JUSTICE 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, $4,000,000, to remain available until September 30, 2009. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For an additional amount for ‘‘Salaries and Expenses, General 

Legal Activities’’, $1,648,000, to remain available until September 

30, 2009. 

Supplemental 

Appropriations 

Act, 2008. 

June 30, 2008 

[H.R. 2642] 


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122 STAT. 2324 PUBLIC LAW 110–252—JUNE 30, 2008 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For an additional amount for ‘‘Salaries and Expenses, United 

States Attorneys’’, $5,000,000, to remain available until September 

30, 2009. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$28,621,000, to remain available until September 30, 2009. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$106,122,000, to remain available until September 30, 2009. 

For an additional amount for ‘‘Salaries and Expenses’’, 

$82,600,000, to become available on October 1, 2008, and to remain 

available until September 30, 2009. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$29,861,000, to remain available until September 30, 2009. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$4,000,000, to remain available until September 30, 2009. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$9,100,000, to remain available until September 30, 2009. 

GENERAL PROVISION, THIS CHAPTER 

SEC. 1201. Funds appropriated by this chapter, or made available by the transfer of funds in this chapter, for intelligence or 

intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National 

Security Act of 1947 (50 U.S.C. 414). 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2325 

CHAPTER 3—MILITARY CONSTRUCTION AND VETERANS 

AFFAIRS 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For an additional amount for ‘‘Military Construction, Army’’, $1,108,200,000, of which $921,000,000 shall remain available until 

September 30, 2009, and of which $187,200,000 for child development centers and trainee and recruit facilities (including planning 

and design) shall remain available until September 30, 2012: Provided, That notwithstanding any other provision of law, such funds 

may be obligated and expended to carry out planning and design 

and military construction projects not otherwise authorized by law: 

Provided further, That of the funds provided under this heading, not to exceed $73,400,000 shall be available for study, planning, 

design, and architect and engineer services: Provided further, That 

funds provided under this heading for Iraq shall not be obligated 

or expended until the Secretary of Defense certifies to the Committees on Appropriations of both Houses of Congress that none of 

the funds are to be used for the purpose of providing facilities 

for the permanent basing of United States military personnel in 

Iraq. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy and Marine Corps’’, $355,907,000, of which $295,516,000 shall 

remain available until September 30, 2009, and of which 

$60,391,000 for child development centers and trainee and recruit 

facilities (including planning and design) shall remain available 

until September 30, 2012: Provided, That notwithstanding any other 

provision of law, such funds may be obligated and expended to 

carry out planning and design and military construction projects 

not otherwise authorized by law: Provided further, That of the 

funds provided under this heading, not to exceed $15,843,000 shall 

be available for study, planning, design, and architect and engineer 

services. 

MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Military Construction, Air Force’’, 

$399,627,000, of which $361,600,000 shall remain available until 

September 30, 2009, and of which $38,027,000 for child development 

centers (including planning and design) shall remain available until 

September 30, 2012: Provided, That notwithstanding any other 

provision of law, such funds may be obligated and expended to 

carry out planning and design and military construction projects 

not otherwise authorized by law: Provided further, That of the 

funds provided under this heading, not to exceed $36,427,000 shall 

be available for study, planning, design, and architect and engineer 

services: Provided further, That funds provided under this heading 

for Iraq shall not be obligated or expended until the Secretary 

of Defense certifies to the Committees on Appropriations of both 

Houses of Congress that none of the funds are to be used for 

the purpose of providing facilities for the permanent basing of 

United States military personnel in Iraq. 

Certification. 

Iraq. 

Certification. 

Iraq. 


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122 STAT. 2326 PUBLIC LAW 110–252—JUNE 30, 2008 

MILITARY CONSTRUCTION, DEFENSE-WIDE

For an additional amount for ‘‘Military Construction, DefenseWide’’, $890,921,000, of which $27,600,000 shall remain available 

until September 30, 2009, and of which $863,321,000 for medical 

treatment facilities (including planning and design) shall remain 

available until September 30, 2012: Provided, That notwithstanding 

any other provision of law, such funds may be obligated and 

expended to carry out planning and design and military construction 

projects not otherwise authorized by law. 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Family Housing Construction, 

Navy and Marine Corps’’, $11,766,000, to remain available until 

September 30, 2009: Provided, That notwithstanding any other 

provision of law, such funds may be obligated and expended to 

carry out planning and design and military construction projects 

not otherwise authorized by law. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

For deposit into the Department of Defense Base Closure 

Account 2005, established by section 2906A(a)(1) of the Defense 

Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$1,278,886,000, to remain available until expended: Provided, That 

notwithstanding any other provision of law, such funds may be 

obligated and expended to carry out planning and design and military construction projects not otherwise authorized by law. 

DEPARTMENT OF VETERANS AFFAIRS 

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For an additional amount for ‘‘General Operating Expenses’’, 

$100,000,000, to remain available until September 30, 2009. 

INFORMATION TECHNOLOGY SYSTEMS

For an additional amount for ‘‘Information Technology Systems’’, $20,000,000, to remain available until September 30, 2009. 

CONSTRUCTION, MAJOR PROJECTS

For an additional amount for ‘‘Construction, Major Projects’’, 

$396,377,000, to remain available until expended, which shall be 

for acceleration and completion of planned major construction of 

Level I polytrauma rehabilitation centers as identified in the 

Department of Veterans Affairs’ Five Year Capital Plan: Provided, 

That notwithstanding any other provision of law, such funds may 

be obligated and expended to carry out planning and design and 

major medical facility construction not otherwise authorized by 

law: Provided further, That within 30 days of enactment of this 

Act the Secretary shall submit to the Committees on Appropriations 

of both Houses of Congress an expenditure plan for funds provided 

under this heading. 

Deadline. 

Expenditure 

plan. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2327 

GENERAL PROVISIONS, THIS CHAPTER 

SEC. 1301. In addition to amounts otherwise appropriated or 

made available under the heading ‘‘Military Construction, Army’’, 

there is hereby appropriated an additional $200,000,000, to remain 

available until September 30, 2012, to accelerate barracks improvements at Department of Army installations: Provided, That notwithstanding any other provision of law, such funds may be obligated 

and expended to carry out planning and design and barracks 

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 barracks construction prior to obligation. 

SEC. 1302. None of the funds appropriated in this or any 

other Act may be used to disestablish, reorganize, or relocate the 

Armed Forces Institute of Pathology, except for the Armed Forces 

Medical Examiner, until the President has established, as required 

by section 722 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 199; 10 U.S.C. 176 

note), a Joint Pathology Center. 

SEC. 1303. (a) LIMITATION ON AUTHORITY.— (1) IN GENERAL.—Chapter 53 of title 38, United States 

Code, is amended by inserting after section 5302 the following 

new section: 

‘‘§ 5302A Collection of indebtedness: certain debts of members of the Armed Forces and veterans who die 

of injury incurred or aggravated in the line of 

duty in a combat zone 

‘‘(a) LIMITATION ON AUTHORITY.—The Secretary may not collect 

all or any part of an amount owed to the United States by a 

member of the Armed Forces or veteran described in subsection 

(b) under any program under the laws administered by the Secretary, other than a program referred to in subsection (c), if the 

Secretary determines that termination of collection is in the best 

interest of the United States. 

‘‘(b) COVERED INDIVIDUALS.—A member of the Armed Forces 

or veteran described in this subsection is any member or veteran 

who dies as a result of an injury incurred or aggravated in the 

line of duty while serving in a theater of combat operations (as 

determined by the Secretary in consultation with the Secretary 

of Defense) in a war or in combat against a hostile force during 

a period of hostilities (as that term is defined in section 

1712A(a)(2)(B) of this title) after September 11, 2001. 

‘‘(c) INAPPLICABILITY TO HOUSING AND SMALL BUSINESS BENEFIT

PROGRAMS.—The limitation on authority in subsection (a) shall 

not apply to any amounts owed the United States under any program carried out under chapter 37 of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 53 of such title is amended by inserting 

after the item relating to section 5302 the following new item: 

‘‘5302A. Collection of indebtedness: certain debts of members of the Armed Forces 

and veterans who die of injury incurred or aggravated in the line of 

duty in a combat zone.’’. 

(b) EQUITABLE REFUND.—In any case where all or any part 

of an indebtedness of a covered individual, as described in section 

5302A(a) of title 38, United States Code, as added by subsection 

38 USC 5302A 

note. 

Combat Veterans 

Debt Elimination 

Act of 2008. 

President. 

Deadline. 

Expenditure 

plan. 


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122 STAT. 2328 PUBLIC LAW 110–252—JUNE 30, 2008 

(a)(1), was collected after September 11, 2001, and before the date 

of the enactment of this Act, and the Secretary of Veterans Affairs 

determines that such indebtedness would have been terminated 

had such section been in effect at such time, the Secretary may 

refund the amount so collected if the Secretary determines that 

the individual is equitably entitled to such refund. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and 

shall apply with respect to collections of indebtedness of members 

of the Armed Forces and veterans who die on or after September 

11, 2001. 

(d) SHORT TITLE.—This section may be cited as the ‘‘Combat 

Veterans Debt Elimination Act of 2008’’. 

CHAPTER 4—DEPARTMENT OF STATE AND FOREIGN 

OPERATIONS 

SUBCHAPTER A—SUPPLEMENTAL APPROPRIATIONS FOR 

FISCAL YEAR 2008 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For an additional amount for ‘‘Diplomatic and Consular Programs’’, $1,465,700,000, to remain available until September 30, 

2009, of which $210,400,000 is for worldwide security protection 

and shall remain available until expended: Provided, That not 

more than $1,150,000,000 of the funds appropriated under this 

heading shall be available for diplomatic operations in Iraq: Provided further, That of the funds appropriated under this heading, 

not more than $30,000,000 shall be made available to establish 

and implement a coordinated civilian response capacity at the 

United States Department of State. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Office of Inspector General’’, 

$9,500,000, to remain available until September 30, 2009: Provided, 

That $2,500,000 shall be transferred to the Special Inspector General for Iraq Reconstruction for reconstruction oversight, and 

$2,000,000 shall be transferred to the Special Inspector General 

for Afghanistan Reconstruction for reconstruction oversight. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction, 

and Maintenance’’, $76,700,000, to remain available until expended, 

for facilities in Afghanistan. 

38 USC 101 note. 

Applicability. 

38 USC 5302A 

note. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2329 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for ‘‘Contributions to International 

Organizations’’, $66,000,000, to remain available until September 

30, 2009. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For an additional amount for ‘‘Contributions for International 

Peacekeeping Activities’’, $373,708,000, to remain available until 

September 30, 2009, of which $333,600,000 shall be made available 

for the United Nations-African Union Hybrid Mission in Darfur. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For an additional amount for ‘‘International Broadcasting Oper- ations’’, $2,000,000, to remain available until September 30, 2009. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $220,000,000, to remain available until expended. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For an additional amount for ‘‘Operating Expenses of the United 

States Agency for International Development’’, $150,500,000, to 

remain available until September 30, 2009: Provided, That of the 

funds appropriated under this heading, not more than $25,000,000 

shall be made available to establish and implement a coordinated 

civilian response capacity at the United States Agency for International Development. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Operating Expenses of the United 

States Agency for International Development Office of Inspector 

General’’, $4,000,000, to remain available until September 30, 2009. 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’, 

$1,882,500,000, to remain available until September 30, 2009, of 

which not more than $424,000,000 may be made available for 


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122 STAT. 2330 PUBLIC LAW 110–252—JUNE 30, 2008 

assistance for Iraq, $175,000,000 shall be made available for assistance for Jordan to meet the needs of Iraqi refugees, and up to 

$53,000,000 may be made available for energy-related assistance 

for North Korea, notwithstanding any other provision of law: Provided, That not more than $171,000,000 of the funds appropriated 

under this heading in this subchapter shall be made available 

for assistance for the West Bank and Gaza and none of such 

funds shall be for cash transfer assistance: Provided further, That 

of the funds appropriated under this heading, $1,000,000 shall 

be made available for the Office of the United Nations High 

Commissioner for Human Rights in Mexico: Provided further, That 

the funds made available under this heading for energy-related 

assistance for North Korea may be made available to support the 

goals of the Six Party Talks Agreements after the Secretary of 

State determines and reports to the Committees on Appropriations 

that North Korea is continuing to fulfill its commitments under 

such agreements. 

DEPARTMENT OF STATE

DEMOCRACY FUND

For an additional amount for ‘‘Democracy Fund’’, $76,000,000, 

to remain available until September 30, 2009, of which $75,000,000 

shall be for democracy programs in Iraq and $1,000,000 shall be 

for democracy programs in Chad. 

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control 

and Law Enforcement’’, $390,300,000, to remain available until 

September 30, 2009, of which not more than $25,000,000 shall 

be made available for security assistance for the West Bank. 

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’, $315,000,000, to remain available until expended. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For an additional amount for ‘‘United States Emergency Refugee and Migration Assistance Fund’’, $31,000,000, to remain available until expended. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-Terrorism, 

Demining and Related Programs’’, $13,700,000, to remain available 

until September 30, 2009. 

Reports. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2331 

MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, $137,500,000, to remain available until September 30, 2009, 

of which $17,000,000 shall be made available for assistance for 

Jordan and up to $116,500,000 may be made available for assistance 

for Mexico. 

Not more than $1,350,000 of the funds appropriated or otherwise made available under the heading ‘‘Foreign Military Financing 

Program’’ by the Department of State, Foreign Operations, and 

Related Programs Appropriations Act, 2008 (division J of Public 

Law 110–161) that were previously transferred to and merged with 

‘‘Diplomatic and Consular Programs’’ may be made available for 

any purposes authorized for that account, of which up to $500,000 

shall be made available to increase the capacity of the United 

States Embassy in Mexico City to implement section 620J of the 

Foreign Assistance Act of 1961: Provided, That funds made available 

by this paragraph shall not be subject to Section 8002 of this 

Act. 

SUBCHAPTER B—BRIDGE FUND SUPPLEMENTAL 

APPROPRIATIONS FOR FISCAL YEAR 2009 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For an additional amount for ‘‘Diplomatic and Consular Programs’’, $704,900,000, which shall become available on October 

1, 2008, and remain available through September 30, 2009: Provided, That of the funds appropriated under this heading, 

$78,400,000 is for worldwide security protection and shall remain 

available until expended: Provided further, That not more than 

$550,500,000 of the funds appropriated under this heading shall 

be available for diplomatic operations in Iraq. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Office of Inspector General’’, $57,000,000, which shall become available on October 1, 2008, and 

remain available through September 30, 2009: Provided, That 

$36,500,000 shall be transferred to the Special Inspector General 

for Iraq Reconstruction for reconstruction oversight and $5,000,000 

shall be transferred to the Special Inspector General for Afghanistan 

Reconstruction for reconstruction oversight. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction, 

and Maintenance’’, $41,300,000, which shall become available on 


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122 STAT. 2332 PUBLIC LAW 110–252—JUNE 30, 2008 

October 1, 2008, and remain available until expended, for facilities 

in Afghanistan. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for ‘‘Contributions to International 

Organizations’’, $75,000,000, which shall become available on 

October 1, 2008, and remain available through September 30, 2009. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For an additional amount for ‘‘Contributions for International 

Peacekeeping Activities’’, $150,500,000, which shall become available on October 1, 2008, and remain available through September 

30, 2009. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For an additional amount for ‘‘International Broadcasting Oper- ations’’, $6,000,000, which shall become available on October 1, 

2008, and remain available through September 30, 2009. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

GLOBAL HEALTH AND CHILD SURVIVAL

For an additional amount for ‘‘Global Health and Child Survival’’, $75,000,000, which shall become available on October 1, 

2008, and remain available through September 30, 2009, for programs to combat avian influenza. 

DEVELOPMENT ASSISTANCE

For an additional amount for ‘‘Development Assistance’’, 

$200,000,000, for assistance for developing countries to address 

the international food crisis notwithstanding any other provision 

of law, which shall become available on October 1, 2008, and remain 

available through September 30, 2010: Provided, That such assistance should be carried out consistent with the purposes of section 

103(a)(1) of the Foreign Assistance Act of 1961: Provided further, 

That not more than $50,000,000 should be made available for 

local or regional purchase and distribution of food: Provided further, 

That the Secretary of State shall submit to the Committees on 

Appropriations not later than 45 days after enactment of this Act, 

and prior to the initial obligation of funds appropriated under 

this heading, a report on the proposed uses of such funds to alleviate 

hunger and malnutrition, including a list of those countries facing 

significant food shortages. 

Deadline. 

Reports. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2333 

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $200,000,000, which shall become available on October 1, 

2008, and remain available until expended. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For an additional amount for ‘‘Operating Expenses of the United 

States Agency for International Development’’, $93,000,000, which 

shall become available on October 1, 2008, and remain available 

through September 30, 2009. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Operating Expenses of the United 

States Agency for International Development Office of Inspector 

General’’, $1,000,000, which shall become available on October 1, 

2008, and remain available through September 30, 2009. 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’, 

$1,124,800,000, which shall become available on October 1, 2008, 

and remain available through September 30, 2009, of which not 

more than $102,500,000 may be made available for assistance for 

Iraq, $100,000,000 shall be made available for assistance for Jordan, 

not more than $455,000,000 may be made available for assistance 

for Afghanistan, not more than $150,000,000 may be made available 

for assistance for Pakistan, not more than $150,000,000 shall be 

made available for assistance for the West Bank and Gaza, and 

$15,000,000 may be made available for energy-related assistance 

for North Korea, notwithstanding any other provision of law. 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control 

and Law Enforcement’’, $199,000,000, which shall become available 

on October 1, 2008, and remain available through September 30, 

2009: Provided, That not more than $50,000,000 of the funds appropriated under this heading shall be made available for security 

assistance for the West Bank and up to $48,000,000 may be made 

available for assistance for Mexico. 

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’, $350,000,000, which shall become available on October 1, 

2008, and remain available until expended. 


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122 STAT. 2334 PUBLIC LAW 110–252—JUNE 30, 2008 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’, $4,500,000, for humanitarian 

demining assistance for Iraq, which shall become available on 

October 1, 2008, and remain available through September 30, 2009. 

MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, $302,500,000, which shall become available on October 1, 

2008, and remain available through September 30, 2009, of which 

$100,000,000 shall be made available for assistance for Jordan, 

and not less than $170,000,000 shall be available for grants only 

for Israel and shall be disbursed not later than November 1, 2008: 

Provided, That section 3802(c) of title III, chapter 8 of Public 

Law 110–28 shall apply to funds made available under this heading 

for assistance for Lebanon. 

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’, 

$95,000,000, which shall become available on October 1, 2008, and 

remain available through September 30, 2009. 

SUBCHAPTER C—GENERAL PROVISIONS, THIS CHAPTER 

EXTENSION OF AUTHORITIES

SEC. 1401. Funds appropriated by this chapter may be obligated 

and expended notwithstanding section 10 of Public Law 91–672 

(22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

6212), and section 504(a)(1) of the National Security Act of 1947 

(50 U.S.C. 414(a)(1)). 

IRAQ

SEC. 1402. (a) ASSET TRANSFER AGREEMENT.— 

(1) None of the funds appropriated by this chapter for 

infrastructure maintenance activities in Iraq may be made 

available until the Secretary of State certifies and reports to 

the Committees on Appropriations that the Governments of 

the United States and Iraq have entered into, and are implementing, an asset transfer agreement that includes commitments by the Government of Iraq to maintain United Statesfunded infrastructure in Iraq. 

(2) None of the funds appropriated by this chapter may 

be made available for the construction of prison facilities in 

Iraq. 

(b) ANTI-CORRUPTION.—Not more than 40 percent of the funds 

appropriated by this chapter for rule of law programs in Iraq 

may be made available for assistance for the Government of Iraq 

Lists. 

Certification. 

Reports. 

Applicability. 

Deadline. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2335 

until the Secretary of State reports to the Committees on Appropriations that a comprehensive anti-corruption strategy has been developed, and is being implemented, by the Government of Iraq, and 

the Secretary of State submits a list, in classified form if necessary, 

to the Committees on Appropriations of senior Iraqi officials who 

the Secretary has credible evidence to believe have committed corrupt acts. 

(c) PROVINCIAL RECONSTRUCTION TEAMS.—None of the funds 

appropriated by this chapter for the operational or program 

expenses of Provincial Reconstruction Teams (PRTs) in Iraq may 

be made available until the Secretary of State submits a report 

to the Committees on Appropriations detailing— 

(1) the strategy for the eventual winding down and close 

out of PRTs; 

(2) anticipated costs associated with PRT operations, programs, and eventual winding down and close out, including 

security for PRT personnel and anticipated Government of Iraq 

contributions; and 

(3) anticipated placement and cost estimates of future 

United States Consulates in Iraq. 

(d) COMMUNITY STABILIZATION PROGRAM.—Not more than 50 

percent of the funds appropriated by this chapter for the Community 

Stabilization Program in Iraq may be made available until the 

Secretary of State certifies and reports to the Committees on Appropriations that the United States Agency for International Development is implementing recommendations contained in Office of 

Inspector General Audit Report No. E-267-08-001-P to ensure 

accountability of funds. 

(e) MATCHING REQUIREMENT.— 

(1) Notwithstanding any other provision of law, funds 

appropriated by this chapter for assistance for Iraq shall be 

made available only to the extent that the Government of 

Iraq matches such assistance on a dollar-for-dollar basis. 

(2) Paragraph (1) shall not apply to funds made available 

for— 

(A) grants and cooperative agreements for programs 

to promote democracy and human rights; 

(B) the Community Action Program and other assistance through civil society organizations; 

(C) humanitarian demining; or 

(D) assistance for refugees, internally displaced persons, and civilian victims of the military operations. 

(3) The Secretary of State shall certify to the Committees 

on Appropriations prior to the initial obligation of funds pursuant to this section that the Government of Iraq has committed 

to obligate matching funds on a dollar-for-dollar basis. The 

Secretary shall submit a report to the Committees on Appropriations not later than September 30, 2008, and 180 days 

thereafter, detailing the amounts of funds obligated and 

expended by the Government of Iraq to meet the requirements 

of this section. 

(4) Not later than 45 days after enactment of this Act, 

the Secretary of State shall submit a report to the Committees 

on Appropriations detailing the amounts provided by the 

Government of Iraq since June 30, 2004, to assist Iraqi refugees 

in Syria, Jordan, and elsewhere, and the amount of such assistance the Government of Iraq plans to provide in fiscal year 

Deadline. 

Deadlines. 


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2008. The Secretary shall work expeditiously with the Government of Iraq to establish an account within its annual budget 

sufficient to, at a minimum, match United States contributions 

on a dollar-for-dollar basis to organizations and programs for 

the purpose of assisting Iraqi refugees. 

AFGHANISTAN

SEC. 1403. (a) ASSISTANCE FOR WOMEN AND GIRLS.—Funds 

appropriated by this chapter under the heading ‘‘Economic Support 

Fund’’ that are available for assistance for Afghanistan shall be 

made available, to the maximum extent practicable, through local 

Afghan provincial and municipal governments and Afghan civil 

society organizations and in a manner that emphasizes the participation of Afghan women and directly improves the economic, social 

and political status of Afghan women and girls. 

(b) HIGHER EDUCATION.—Of the funds appropriated by this 

chapter under the heading ‘‘Economic Support Fund’’ that are made 

available for education programs in Afghanistan, not less than 

50 percent shall be made available to support higher education 

and vocational training programs in law, accounting, engineering, 

public administration, and other disciplines necessary to rebuild 

the country, in which the participation of women is emphasized. 

(c) POST-OPERATIONS ASSISTANCE.—Of the funds appropriated 

by this chapter under the heading ‘‘Economic Support Fund’’ that 

are available for assistance for Afghanistan, not less than 

$2,000,000 shall be made available for a United States contribution 

to the North Atlantic Treaty Organization/International Security 

Assistance Force Post-Operations Humanitarian Relief Fund. 

(d) ANTI-CORRUPTION.—Not later than 90 days after the enactment of this Act, the Secretary of State shall— 

(1) submit a report to the Committees on Appropriations 

on actions being taken by the Government of Afghanistan to 

combat corruption within the national and provincial governments, including to remove and prosecute officials who have 

committed corrupt acts; 

(2) submit a list to the Committees on Appropriations, 

in classified form if necessary, of senior Afghan officials who 

the Secretary has credible evidence to believe have committed 

corrupt acts; and 

(3) certify and report to the Committees on Appropriations 

that effective mechanisms are in place to ensure that assistance 

to national government ministries and provincial governments 

will be properly accounted for. 

WEST BANK

SEC. 1404. Not later than 90 days after the date of enactment 

of this Act and 180 days thereafter, the Secretary of State shall 

submit to the Committees on Appropriations a report on assistance 

provided by the United States for the training of Palestinian security forces, including detailed descriptions of the training, curriculum, and equipment provided; an assessment of the training 

and the performance of forces after training has been completed; 

and a description of the assistance that has been pledged and 

provided to Palestinian security forces by other donors: Provided, 

That not later than 90 days after the date of enactment of this 

Act, the Secretary of State shall report to the Committees on 

Deadlines. 

Reports. 

Certification. 

Lists. 

Deadline. 

Reports. 


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Appropriations, in classified form if necessary, on the security 

strategy of the Palestinian Authority. 

WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA

SEC. 1405. (a) WAIVER AUTHORITY.— 

(1) IN GENERAL.—Except as provided in subsection (b), the 

President may waive in whole or in part, with respect to North 

Korea, the application of any sanction contained in subparagraph (A), (B), (D) or (G) under section 102(b)(2) of the Arms 

Export Control Act (22 U.S.C. 2799aa–1(b)), for the purpose 

of providing assistance related to— 

(A) the implementation and verification of the compliance by North Korea with its commitment, undertaken 

in the Joint Statement of September 19, 2005, to abandon 

all nuclear weapons and existing nuclear programs as part 

of the verifiable denuclearization of the Korean Peninsula; 

and 

(B) the elimination of the capability of North Korea 

to develop, deploy, transfer, or maintain weapons of mass 

destruction and their delivery systems. 

(2) LIMITATION.—The authority under paragraph (1) shall 

expire 5 years after the date of enactment of this Act. 

(b) EXCEPTIONS.— 

(1) LIMITED EXCEPTION RELATED TO CERTAIN SANCTIONS

AND PROHIBITIONS.—The authority under subsection (a) shall 

not apply with respect to a sanction or prohibition under 

subparagraph (B) or (G) of section 102(b)(2) of the Arms Export 

Control Act, unless the President determines and certifies to 

the appropriate congressional committees that— 

(A) all reasonable steps will be taken to assure that 

the articles or services exported or otherwise provided will 

not be used to improve the military capabilities of the 

armed forces of North Korea; and 

(B) such waiver is in the national security interests 

of the United States. 

(2) LIMITED EXCEPTION RELATED TO CERTAIN ACTIVITIES.— 

Unless the President determines and certifies to the appropriate 

congressional committees that using the authority under subsection (a) is vital to the national security interests of the 

United States, such authority shall not apply with respect 

to— 

(A) an activity described in subparagraph (A) of section 

102(b)(1) of the Arms Export Control Act that occurs after 

September 19, 2005, and before the date of the enactment 

of this Act; 

(B) an activity described in subparagraph (C) of such 

section that occurs after September 19, 2005; or 

(C) an activity described in subparagraph (D) of such 

section that occurs after the date of enactment of this 

Act. 

(3) EXCEPTION RELATED TO CERTAIN ACTIVITIES OCCURRING

AFTER DATE OF ENACTMENT.—The authority under subsection 

(a) shall not apply with respect to an activity described in 

subparagraph (A) or (B) of section 102(b)(1) of the Arms Export 

Control Act that occurs after the date of the enactment of 

this Act. 

President. 

Certification. 

President. 

Certification. 

Expiration date. 

22 USC 

2799aa–1 note. 


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(4) LIMITED EXCEPTION RELATED TO LETHAL WEAPONS.— 

The authority under subsection (a) shall not apply with respect 

to any export of lethal defense articles that would be prevented 

by the application of section 102(b)(2) of the Arms Export 

Control Act. 

(c) NOTIFICATIONS AND REPORTS.— 

(1) CONGRESSIONAL NOTIFICATION.—The President shall 

notify the appropriate congressional committees in writing not 

later than 15 days before exercising the waiver authority under 

subsection (a). 

(2) ANNUAL REPORT.—Not later than January 31, 2009, 

and annually thereafter, the President shall submit to the 

appropriate congressional committees a report that— 

(A) lists all waivers issued under subsection (a) during 

the preceding year; 

(B) describes in detail the progress that is being made 

in the implementation of the commitment undertaken by 

North Korea, in the Joint Statement of September 19, 

2005, to abandon all nuclear weapons and existing nuclear 

programs as part of the verifiable denuclearization of the 

Korean Peninsula; 

(C) discusses specifically any shortcomings in the 

implementation by North Korea of that commitment; and 

(D) lists and describes the progress and shortcomings, 

in the preceding year, of all other programs promoting 

the elimination of the capability of North Korea to develop, 

deploy, transfer, or maintain weapons of mass destruction 

or their delivery systems. 

(3) REPORT ON VERIFICATION MEASURES RELATING TO NORTH

KOREA’S NUCLEAR PROGRAMS.— 

(A) IN GENERAL.—Not later than 15 days after the 

date of enactment of this Act, the Secretary of State shall 

submit to the appropriate congressional committees a 

report on verification measures relating to North Korea’s 

nuclear programs under the Six-Party Talks Agreement 

of February 13, 2007, with specific focus on how such 

verification measures are defined under the Six-Party Talks 

Agreement and understood by the United States Government. 

(B) MATTERS TO BE INCLUDED.—The report required 

under subsection (A) shall include, among other elements, 

a description of— 

(i) how the United States will confirm that North 

Korea has ‘‘provided a complete and correct declaration 

of all of its nuclear programs’’; 

(ii) how the United States will maintain a high 

and ongoing level of confidence that North Korea has 

fully met the terms of the Six-Party Talks Agreement 

relating to its nuclear programs; 

(iii) any diplomatic agreement with North Korea 

regarding verification measures relating to North 

Korea’s nuclear programs under the Six-Party Talks 

Agreement (other than implementing arrangements 

made during on-site operations); and 

(iv) any significant and continuing disagreement 

with North Korea regarding verification measures 

President. 


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relating to North Korea’s nuclear programs under the 

Six-Party Talks Agreement. 

(C) FORM.—The report required under subsection (A) 

shall be submitted in unclassified form, but may include 

a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committees on Appropriations, Armed Services, 

and Foreign Relations of the Senate; and 

(2) the Committees on Appropriations, Armed Services, 

and Foreign Affairs of the House of Representatives. 

MEXICO

SEC. 1406. (a) ASSISTANCE FOR MEXICO.—Of the funds appropriated under the headings ‘‘International Narcotics Control and 

Law Enforcement’’, ‘‘Foreign Military Financing Program’’, and 

‘‘Economic Support Fund’’ in this chapter, not more than 

$352,000,000 of the funds appropriated in subchapter A and 

$48,000,000 of the funds appropriated in subchapter B may be 

made available for assistance for Mexico, only to combat drug 

trafficking and related violence and organized crime, and for judicial 

reform, institution building, anti-corruption, and rule of law activities, of which not less than $73,500,000 shall be used for judicial 

reform, institution building, anti-corruption, and rule of law activities: Provided, That none of the funds made available under this 

section shall be made available for budget support or as cash 

payments: Provided further, That not more than 45 days after 

enactment of this Act, and after consulting with relevant Mexican 

Government authorities, the Secretary of State shall report in 

writing to the Committees on Appropriations on the procedures 

in place to implement section 620J of the Foreign Assistance Act 

of 1961. 

(b) ALLOCATION OF FUNDS.—Fifteen percent of the funds made 

available in this chapter for assistance for Mexico under the 

headings ‘‘International Narcotics Control and Law Enforcement’’ 

and ‘‘Foreign Military Financing Program’’ may not be obligated 

until the Secretary of State reports in writing to the Committees 

on Appropriations that the Government of Mexico is— 

(1) improving the transparency and accountability of federal police forces and working with state and municipal authorities to improve the transparency and accountability of state 

and municipal police forces through mechanisms including 

establishing police complaints commissions with authority and 

independence to receive complaints and carry out effective 

investigations; 

(2) establishing a mechanism for regular consultations 

among relevant Mexican Government authorities, Mexican 

human rights organizations and other relevant Mexican civil 

society organizations, to make recommendations concerning 

implementation of the Merida Initiative in accordance with 

Mexican and international law; 

(3) ensuring that civilian prosecutors and judicial authorities are investigating and prosecuting, in accordance with Mexican and international law, members of the federal police and 

military forces who have been credibly alleged to have committed violations of human rights, and the federal police and 

Reports. 

Deadline. 

Reports. 


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military forces are fully cooperating with the investigations; 

and 

(4) enforcing the prohibition, in accordance with Mexican 

and international law, on the use of testimony obtained through 

torture or other ill-treatment. 

(c) EXCEPTION.—Notwithstanding subsection (b), of the funds 

appropriated by subchapter A for assistance for Mexico under the 

heading ‘‘International Narcotics Control and Law Enforcement’’, 

$3,000,000 shall be made available for technical and other assistance to enable the Government of Mexico to implement a unified 

national registry of federal, state, and municipal police officers. 

(d) REPORT.—The report required in subsection (b) shall include 

a description of actions taken with respect to each requirement 

and the cases or issues brought to the attention of the Secretary 

of State for which the response or action taken has been inadequate. 

(e) NOTIFICATION.—Funds made available for Mexico by this 

chapter shall be subject to the regular notification procedures of 

the Committees on Appropriations and section 634A of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2394–1). 

(f) SPENDING PLAN.—Not later than 45 days after the date 

of the enactment of this Act, the Secretary of State shall submit 

to the Committees on Appropriations a detailed spending plan 

for funds appropriated or otherwise made available for Mexico 

by this chapter, which shall include a strategy, developed after 

consulting with relevant Mexican Government authorities, for combating drug trafficking and related violence and organized crime, 

judicial reform, institution building, anti-corruption, and rule of 

law activities, with concrete goals, actions to be taken, budget 

proposals, and anticipated results. 

CENTRAL AMERICA

SEC. 1407. (a) ASSISTANCE FOR THE COUNTRIES OF CENTRAL

AMERICA.—Of the funds appropriated in subchapter A under the 

headings ‘‘International Narcotics Control and Law Enforcement’’, 

‘‘Foreign Military Financing Program’’, ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’, and ‘‘Economic Support 

Fund’’, $65,000,000 may be made available for assistance for the 

countries of Central America, Haiti, and the Dominican Republic 

only to combat drug trafficking and related violence and organized 

crime, and for judicial reform, institution building, anti-corruption, 

rule of law activities, and maritime security: Provided, That of 

the funds appropriated under the heading ‘‘Economic Support 

Fund’’, $25,000,000 shall be made available for an Economic and 

Social Development Fund for Central America, of which $20,000,000 

shall be made available through the United States Agency for 

International Development and $5,000,000 shall be made available 

through the Department of State for educational exchange programs: Provided further, That of the funds appropriated in subchapter A under the heading ‘‘International Narcotics Control and 

Law Enforcement’’, $2,500,000 shall be made available for assistance for Haiti, $2,500,000 shall be made available for assistance 

for the Dominican Republic, and $1,000,000 shall be made available 

for a United States contribution to the International Commission 

Against Impunity in Guatemala: Provided further, That none of 

the funds shall be made available for budget support or as cash 

payments: Provided further, That not more than 45 days after 

enactment of this Act, the Secretary of State shall report in writing 

Deadline. 

Reports. 

Deadline. 


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to the Committees on Appropriations on the procedures in place 

to implement section 620J of the Foreign Assistance Act of 1961. 

(b) ALLOCATION OF FUNDS.—Fifteen percent of the funds made 

available by this chapter for assistance for the countries of Central 

America, Haiti and the Dominican Republic under the headings 

‘‘International Narcotics Control and Law Enforcement’’ and ‘‘Foreign Military Financing Program’’ may not be obligated until the 

Secretary of State reports in writing to the Committees on Appropriations that the government of such country is— 

(1) establishing police complaints commissions with 

authority and independence to receive complaints and carry 

out effective investigations; 

(2) implementing reforms to improve the capacity and 

ensure the independence of the judiciary; and 

(3) investigating and prosecuting members of the federal 

police and military forces who have been credibly alleged to 

have committed violations of human rights. 

(c) REPORT.—The report required in subsection (b) shall include 

actions taken with respect to each requirement and the cases or 

issues brought to the attention of the Secretary of State for which 

the response or action taken has been inadequate. 

(d) NOTIFICATION.—Funds made available for assistance for 

the countries of Central America, Haiti and the Dominican Republic 

in subchapter A shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of 

the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1). 

(e) SPENDING PLAN.—Not later than 45 days after enactment 

of this Act, the Secretary of State shall submit to the Committees 

on Appropriations a detailed spending plan for funds appropriated 

or otherwise made available for the countries of Central America, 

Haiti and the Dominican Republic in subchapter A, which shall 

include a strategy for combating drug trafficking and related 

violence and organized crime, judicial reform, institution building, 

anti-corruption, and rule of law activities, with concrete goals, 

actions to be taken, budget proposals and anticipated results. 

(f) DEFINITION.—For the purposes of this section, the term 

‘‘countries of Central America’’ means Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama. 

BUYING POWER MAINTENANCE ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

SEC. 1408. (a) Of the funds appropriated under the heading 

‘‘Diplomatic and Consular Programs’’ and allocated by section 3810 

of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 

and Iraq Accountability Appropriations Act, 2007 (Public Law 110– 

28), $26,000,000 shall be transferred to and merged with funds 

in the ‘‘Buying Power Maintenance Account’’: Provided, That of 

the funds made available by this chapter up to an additional 

$74,000,000 may be transferred to and merged with the ‘‘Buying 

Power Maintenance Account’’, subject to the regular notification 

procedures of the Committees on Appropriations and in accordance 

with the procedures in section 34 of the State Department Basic 

Authorities Act of 1956 (22 U.S.C. 2706). Any funds transferred 

pursuant to this section shall be available, without fiscal year 

Deadline. 

Reports. 


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limitation, pursuant to section 24 of the State Department Basic 

Authorities Act of 1956 (22 U.S.C. 2696). 

(b) Section 24(b)(7) of the State Department Basic Authorities 

Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by amending subparagraph (D) to read as follows: 

‘‘(D) The authorities contained in this paragraph may 

be exercised only with respect to funds appropriated or 

otherwise made available after fiscal year 2008.’’. 

(c) The Broadcasting Board of Governors may transfer funds 

into its Buying Power Maintenance Account, notwithstanding the 

requirement that such funds be provided in advance in appropriations Acts. The authority in this subsection may be exercised only 

with respect to funds appropriated or otherwise made available 

after fiscal year 2008. 

SERBIA

SEC. 1409. Of the funds made available under the heading 

‘‘Assistance for Eastern Europe and the Baltic States’’ by title 

III of the Department of State, Foreign Operations, and Related 

Programs Appropriations Act, 2008 (division J of Public Law 110– 

161), an amount equivalent to the unpaid costs of damage to the 

United States Embassy in Belgrade, Serbia, as estimated by the 

Secretary of State, resulting from the February 21, 2008 attack 

on such Embassy, shall be withheld from obligation for assistance 

for the central government of Serbia if the Secretary of State 

reports to the Committees on Appropriations that the Government 

of Serbia has failed to provide full compensation to the Department 

of State for damages to the United States Embassy resulting from 

the February 21, 2008 attack on such embassy. Section 8002 of 

this Act shall not apply to this section. 

RESCISSIONS

SEC. 1410. (a) WORLD FOOD PROGRAM.— 

(1) For an additional amount for a contribution to the 

World Food Program to assist farmers in countries affected 

by food shortages to increase crop yields, notwithstanding any 

other provision of law, $20,000,000, to remain available until 

expended. 

(2) Of the funds appropriated under the heading ‘‘Andean 

Counterdrug Initiative’’ in prior Acts making appropriations 

for foreign operations, export financing, and related programs, 

$20,000,000 are rescinded. 

(b) SUDAN.— 

(1) For an additional amount for ‘‘International Narcotics 

Control and Law Enforcement’’, $10,000,000, for assistance for 

Sudan to support formed police units, to remain available until 

September 30, 2009, and subject to prior consultation with 

the Committees on Appropriations. 

(2) Of the funds appropriated under the heading ‘‘International Narcotics Control and Law Enforcement’’ in prior Acts 

making appropriations for foreign operations, export financing, 

and related programs, $10,000,000 are rescinded. 

(c) RESCISSION.—Of the unobligated balances of funds appropriated for ‘‘Iraq Relief and Reconstruction Fund’’ in prior Acts 

making appropriations for foreign operations, export financing, and 

related programs, $50,000,000 are rescinded. 

Reports. 

22 USC 6204 

note. 


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(d) EXCEPTION.—Section 8002 of this Act shall not apply to 

subsections (a) and (b) of this section. 

DARFUR PEACEKEEPING

SEC. 1411. Funds appropriated under the headings ‘‘Foreign 

Military Financing Program’’ and ‘‘Peacekeeping Operations’’ by 

the Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2008 (division J of Public Law 110–161) and 

by prior Acts making appropriations for foreign operations, export 

financing, and related programs may be used to transfer, equip, 

upgrade, refurbish or lease helicopters or related equipment necessary to support the operations of the African Union/United 

Nations peacekeeping operation in Darfur, Sudan, that was established pursuant to United Nations Security Council Resolution 1769. 

The President may utilize the authority of sections 506 or 516 

of the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 2321j) 

or section 61 of the Arms Export Control Act (22 U.S.C. 2796) 

in order to provide such support, notwithstanding any other provision of law except for sections 502B(a)(2), 620A and 620J of the 

Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(2), 2371, 2378d) 

and section 40A of the Arms Export Control Act (22 U.S.C. 2780). 

Any exercise of the authorities provided by section 506 of the 

Foreign Assistance Act pursuant to this section may include the 

authority to acquire helicopters by contract. 

TIBET

SEC. 1412. (a) Of the funds appropriated by this Act or prior 

Acts making appropriations for the Department of State, foreign 

operations and related programs under the headings ‘‘Diplomatic 

and Consular Programs’’ and ‘‘Embassy Security, Construction, and 

Maintenance’’, up to $5,000,000 shall be made available to establish 

a United States Consulate in Lhasa, Tibet. 

(b) The Department of State should not consent to opening 

a consular post in the United States by the People’s Republic 

of China until such time as the People’s Republic of China consents 

to opening a United States consular post in Lhasa, Tibet. 

JORDAN

(INCLUDING RESCISSION OF FUNDS)

SEC. 1413. (a) For an additional amount for ‘‘Economic Support 

Fund’’ for assistance for Jordan, $25,000,000, to remain available 

until September 30, 2009. 

(b) For an additional amount for ‘‘Foreign Military Financing 

Program’’ for assistance for Jordan, $33,000,000, to remain available 

until September 30, 2009. 

(c) Of the unobligated balances of funds appropriated under 

the heading ‘‘Millennium Challenge Corporation’’ in prior Acts 

making appropriations for foreign operations, export financing, and 

related programs, $58,000,000 are rescinded. 

(d) Section 8002 of this Act shall not apply to this section. 

ALLOCATIONS

SEC. 1414. (a) Funds provided by this chapter for the following 

accounts shall be made available for programs and countries in 

Establishment. 


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the amounts contained in the respective tables included in the 

explanatory statement printed in the Congressional Record accompanying this Act: 

‘‘Diplomatic and Consular Programs’’ 

‘‘Economic Support Fund’’. 

(b) Any proposed increases or decreases to the amounts contained in such tables in the explanatory statement printed in the 

Congressional Record accompanying this Act shall be subject to 

the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961. 

REPROGRAMMING AUTHORITY

SEC. 1415. Notwithstanding any other provision of law, to 

include minimum funding requirements or funding directives, funds 

made available under the headings ‘‘Development Assistance’’ and 

‘‘Economic Support Fund’’ in prior Acts making appropriations for 

foreign operations, export financing, and related programs may 

be made available to address critical food shortages, subject to 

prior consultation with, and the regular notification procedures 

of, the Committees on Appropriations. 

SPENDING PLANS AND NOTIFICATION PROCEDURES

SEC. 1416. (a) SUBCHAPTER A SPENDING PLAN.—Not later than 

45 days after the enactment of this Act, the Secretary of State 

shall submit to the Committees on Appropriations a report detailing 

planned expenditures for funds appropriated under the headings 

in subchapter A, except for funds appropriated under the headings 

‘‘International Disaster Assistance’’, ‘‘Migration and Refugee Assistance’’, and ‘‘United States Emergency Refugee and Migration Assistance Fund’’. 

(b) SUBCHAPTER B SPENDING PLAN.—The Secretary of State 

shall submit to the Committees on Appropriations not later than 

November 1, 2008, and prior to the initial obligation of funds, 

a detailed spending plan for funds appropriated or otherwise made 

available in subchapter B, except for funds appropriated under 

the headings ‘‘International Disaster Assistance’’, ‘‘Migration and 

Refugee Assistance’’, and ‘‘United States Emergency Refugee and 

Migration Assistance Fund’’. 

(c) NOTIFICATION.—Funds made available in this chapter shall 

be subject to the regular notification procedures of the Committees 

on Appropriations and section 634A of the Foreign Assistance Act 

of 1961. 

TERMS AND CONDITIONS

SEC. 1417. Unless otherwise provided for in this Act, funds 

appropriated or otherwise made available by this chapter shall 

be available under the authorities and conditions provided in the 

Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2008 (division J of Public Law 110–161), except 

that section 699K of such Act shall not apply to funds in this 

chapter. 

Deadlines. 

Reports. 


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TITLE II—DOMESTIC MATTERS 

CHAPTER 1—FOOD AND DRUG ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$150,000,000, to remain available until September 30, 2009: Provided, That of the amount provided: (1) $66,792,000 shall be for 

the Center for Food Safety and Applied Nutrition and related field 

activities in the Office of Regulatory Affairs; (2) $28,019,000 shall 

be for the Center for Drug Evaluation and Research and related 

field activities in the Office of Regulatory Affairs; (3) $12,736,000 

shall be for the Center for Biologics Evaluation and Research and 

related field activities in the Office of Regulatory Affairs; (4) 

$6,057,000 shall be for the Center for Veterinary Medicine and 

related field activities in the Office of Regulatory Affairs; (5) 

$20,094,000 shall be for the Center for Devices and Radiological 

Health and related field activities in the Office of Regulatory Affairs; 

(6) $3,396,000 shall be for the National Center for Toxicological 

Research; and (7) $12,906,000 shall be for other activities, including 

the Office of the Commissioner, the Office of Scientific and Medical 

Programs; the Office of Policy, Planning and Preparedness; the 

Office of International and Special Programs; the Office of Operations; and central services for these offices. 

CHAPTER 2—COMMERCE, JUSTICE, AND SCIENCE 

DEPARTMENT OF COMMERCE 

BUREAU OF THE CENSUS

PERIODIC CENSUSES AND PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Periodic Censuses and Programs’’, $210,000,000, to remain available until expended, for necessary expenses related to the 2010 Decennial Census: Provided, 

That not less than $3,000,000 shall be transferred to the ‘‘Office 

of Inspector General’’ at the Department of Commerce for necessary 

expenses associated with oversight activities of the 2010 Decennial 

Census: Provided further, That not less than $1,000,000 shall be 

used only for a reimbursable agreement with the Defense Contract 

Management Agency to provide continuing contract management 

oversight of the 2010 Decennial Census. 


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DEPARTMENT OF JUSTICE 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$178,000,000, to remain available until September 30, 2008. 

OTHER AGENCIES 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE, AERONAUTICS AND EXPLORATION

For an additional amount for ‘‘Science, Aeronautics and Exploration’’, $62,500,000. 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For an additional amount for ‘‘Research and Related Activities’’, 

$22,500,000, of which $5,000,000 shall be available solely for activities authorized by section 7002(b)(2)(A)(iv) of Public Law 110–69. 

EDUCATION AND HUMAN RESOURCES

For an additional amount for ‘‘Education and Human 

Resources’’, $40,000,000: Provided, That of the amount provided, 

$20,000,000 shall be available for activities authorized by section 

10 of the National Science Foundation Authorization Act of 2002 

(42 U.S.C. 1862n–1) and $20,000,000 shall be available for activities 

authorized by section 10A of the National Science Foundation 

Authorization Act of 2002 (42 U.S.C. 1862n–1a). 

CHAPTER 3—ENERGY 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

SCIENCE

For an additional amount for ‘‘Science’’, $62,500,000, to remain 

available until expended. 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 

DEFENSE ENVIRONMENTAL CLEANUP

For an additional amount for ‘‘Defense Environmental 

Cleanup’’, $62,500,000, to remain available until expended. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2347 

CHAPTER 4—LABOR AND HEALTH AND HUMAN SERVICES 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For an additional amount for ‘‘State Unemployment Insurance 

and Employment Service Operations’’ for grants to the States for 

the administration of State unemployment insurance, $110,000,000, 

which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund, to be used for 

unemployment insurance workloads experienced by the States 

through September 30, 2008, which shall be available for Federal 

obligation through December 31, 2008. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

NATIONAL INSTITUTES OF HEALTH

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Office of the Director’’, 

$150,000,000, 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 these funds shall be used to support additional scientific 

research and shall be merged with and be available for the same 

purposes and for the same time period 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). 

CHAPTER 5—LEGISLATIVE BRANCH 

HOUSE OF REPRESENTATIVES 

PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF

CONGRESS

For payment to Annette Lantos, widow of Tom Lantos, late 

a Representative from the State of California, $169,300: Provided, 

That section 8002 shall not apply to this appropriation. 

Annette Lantos. 


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122 STAT. 2348 PUBLIC LAW 110–252—JUNE 30, 2008 

TITLE III—NATURAL DISASTER RELIEF AND RECOVERY 

CHAPTER 1—AGRICULTURE 

DEPARTMENT OF AGRICULTURE 

FARM SERVICE AGENCY

EMERGENCY CONSERVATION PROGRAM

For an additional amount for the ‘‘Emergency Conservation 

Program’’, $89,413,000, to remain available until expended. 

NATURAL RESOURCES CONSERVATION SERVICE

EMERGENCY WATERSHED PROTECTION PROGRAM

For an additional amount for the ‘‘Emergency Watershed 

Protection Program’’, $390,464,000, to remain available until 

expended. 

CHAPTER 2—COMMERCE 

DEPARTMENT OF COMMERCE 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

Pursuant to section 703 of the Public Works and Economic 

Development Act (42 U.S.C. 3233), for an additional amount for 

‘‘Economic Development Assistance Programs’’, for necessary 

expenses related to disaster relief, long-term recovery, and restoration of infrastructure in areas covered by a declaration of major 

disaster under title IV of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result 

of recent natural disasters, $100,000,000, to remain available until 

expended. 

CHAPTER 3—CORPS OF ENGINEERS 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

CONSTRUCTION

For an additional amount for ‘‘Construction’’, for necessary 

expenses to address emergency situations at Corps of Engineers 

projects and rehabilitate and repair damages to Corps projects 

caused by recent natural disasters, $61,700,000, to remain available 

until expended. 

For an additional amount for ‘‘Construction’’, for necessary 

expenses related to the consequences of Hurricane Katrina and 

other hurricanes of the 2005 season, $2,835,000,000, to become 

available on October 1, 2008, and to remain available until 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2349 

expended: Provided, That the Secretary of the Army is directed to use $1,997,000,000 of the funds provided herein to modify authorized projects in southeast Louisiana to provide hurricane, storm 

and flood damage reduction in the greater New Orleans and surrounding areas to the levels of protection necessary to achieve 

the certification required for participation in the National Flood 

Insurance Program under the base flood elevations current at the 

time of enactment of this Act, and shall use $1,077,000,000 of 

those funds for the Lake Pontchartrain and Vicinity project and 

$920,000,000 of those funds for the West Bank and Vicinity project: 

Provided further, That, in addition, $838,000,000 of the funds provided herein shall be for elements of Southeast Louisiana Urban 

Drainage project within the geographic perimeter of the West Bank 

and Vicinity and Lake Pontchartrain and Vicinity projects, to provide for interior drainage of runoff from rainfall with a ten percent 

annual exceedance probability: Provided further, That the amounts 

provided herein shall be subject to a 65 percent Federal / 35 percent 

non-Federal cost share for the specified purposes: Provided further, 

That beginning not later than 60 days after the date of enactment 

of this Act, the Chief of Engineers, acting through the Assistant 

Secretary of the Army for Civil Works, shall provide monthly reports 

to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of 

these funds: Provided further, That the expenditure of funds as 

provided above may be made without regard to individual amounts 

or purposes except that any reallocation of funds that is necessary 

to accomplish the established goals is authorized subject to the 

approval of the House and Senate Committees on Appropriations. 

MISSISSIPPI RIVER AND TRIBUTARIES

For an additional amount for ‘‘Mississippi River and Tributaries’’ for recovery from natural disasters, $17,590,000, to remain 

available until expended, to repair damages to Federal projects 

caused by recent natural disasters. 

OPERATION AND MAINTENANCE

For an additional amount for ‘‘Operation and Maintenance’’ 

to dredge navigation channels and repair other Corps projects 

related to natural disasters, $298,344,000, to remain available until 

expended: Provided, That the Chief of Engineers, acting through 

the Assistant Secretary of the Army for Civil Works, shall provide 

a monthly report to the House and Senate Committees on Appropriations detailing the allocation and obligation of these funds, 

beginning not later than 60 days after enactment of this Act. 

FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for ‘‘Flood Control and Coastal Emergencies’’, as authorized by section 5 of the Act of August 18, 1941 

(33 U.S.C. 701n), for necessary expenses to prepare for flood, hurricane and other natural disasters and support emergency operations, 

repair and other activities in response to flood and hurricane emergencies as authorized by law, $226,854,800, to remain available 

until expended. 

For an additional amount for ‘‘Flood Control and Coastal Emergencies’’, as authorized by section 5 of the Act of August 18, 1941 

Reports. 

Deadlines. 

Deadlines. 

Reports. 


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122 STAT. 2350 PUBLIC LAW 110–252—JUNE 30, 2008 

(33 U.S.C. 701n), for necessary expenses relating to the consequences of Hurricane Katrina and other hurricanes of the 2005 

season, $2,926,000,000, to become available on October 1, 2008, 

and to remain available until expended: Provided, That funds provided herein shall be used to reduce the risk of hurricane and 

storm damages to the greater New Orleans metropolitan area, 

at full Federal expense, for the following: $704,000,000 shall be 

used to modify the 17th Street, Orleans Avenue, and London Avenue 

drainage canals and install pumps and closure structures at or 

near the lakefront; $90,000,000 shall be used for storm-proofing 

interior pump stations to ensure the operability of the stations 

during hurricanes, storms, and high water events; $459,000,000 

shall be used for armoring critical elements of the New Orleans 

hurricane and storm damage reduction system; $53,000,000 shall 

be used to improve protection at the Inner Harbor Navigation 

Canal; $456,000,000 shall be used to replace or modify certain 

non-Federal levees in Plaquemines Parish to incorporate the levees 

into the existing New Orleans to Venice hurricane protection 

project; $412,000,000 shall be used for reinforcing or replacing 

flood walls, as necessary, in the existing Lake Pontchartrain and 

Vicinity project and the existing West Bank and Vicinity project 

to improve the performance of the systems; $393,000,000 shall 

be used for repair and restoration of authorized protections and 

floodwalls; and $359,000,000 shall be to complete the authorized 

protection for the Lake Ponchartrain and Vicinity, West Bank and 

Vicinity, and the New Orleans to Venice projects: Provided further, 

That the Secretary of the Army, within available funds, is directed 

to continue the NEPA alternative evaluation of all options with 

particular attention to Options 1, 2 and 2a of the report to Congress, 

dated August 30, 2007, provided in response to the requirements 

of chapter 3, section 4303 of Public Law 110–28, and within 90 

days of enactment of this Act provide the House and Senate 

Committees on Appropriations cost estimates to implement Options 

1, 2 and 2a of the above cited report: Provided further, That beginning not later than 60 days after the date of enactment of this 

Act, the Chief of Engineers, acting through the Assistant Secretary 

of the Army for Civil Works, shall provide monthly reports to 

the Committees on Appropriations of the House of Representatives 

and the Senate detailing the allocation and obligation of these 

funds: Provided further, That any project using funds appropriated 

under this heading shall be initiated only after non-Federal 

interests have entered into binding agreements with the Assistant 

Secretary of the Army for Civil Works requiring the non-Federal 

interests to pay 100 percent of the operation, maintenance, repair, 

replacement, and rehabilitation costs of completed elements and 

to hold and save the United States free from damages due to 

the construction, operation, and maintenance of the project, except 

for damages due to the fault or negligence of the United States 

or its contractors: Provided further, That the expenditure of funds 

as provided above may be made without regard to individual 

amounts or purposes except that any reallocation of funds that 

is necessary to accomplish the established goals is authorized subject to the approval of the House and Senate Committees on Appropriations. 

Deadlines. 

Reports. 

Deadline. 

Cost estimates. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2351 

EXPENSES

For an additional amount for ‘‘Expenses’’ for increased efforts 

by the Mississippi Valley Division to oversee emergency response 

and recovery activities related to the consequences of hurricanes 

in the Gulf of Mexico in 2005, $1,500,000 to remain available 

until expended. 

CHAPTER 4—SMALL BUSINESS 

SMALL BUSINESS ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans authorized by section 7(b) of the 

Small Business Act, for necessary expenses related to flooding in 

Midwestern States and other natural disasters, $164,939,000, to 

remain available until expended: Provided, That such costs, 

including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974. 

In addition, for expenses to carry out the direct loan program 

in response to flooding in Midwestern States and other natural 

disasters, including onsite assistance to disaster victims, increased 

staff at call centers, processing centers, and field inspections teams, 

and attorneys to assist in loan closings, $101,814,000, to remain 

available until expended, of which $1,000,000 is for the Office 

of Inspector General of the Small Business Administration for audits 

and reviews of disaster loans and the disaster loan program and 

shall be paid to appropriations for the Office of Inspector General; 

of which $94,814,000 is for direct administrative expenses of loan 

making and servicing to carry out the direct loan program, which 

may be paid to appropriations for Salaries and Expenses; and 

of which $6,000,000 is for indirect administrative expenses, which 

may be paid to appropriations for Salaries and Expenses. 

CHAPTER 5—FEMA DISASTER RELIEF 

DEPARTMENT OF HOMELAND SECURITY 

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For an additional amount for ‘‘Disaster Relief’’, $897,000,000, 

to remain available until expended. 

CHAPTER 6—HOUSING AND URBAN DEVELOPMENT 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

PERMANENT SUPPORTIVE HOUSING

For the provision of 3,000 units of permanent supportive 

housing as referenced in the Road Home Program of the Louisiana 

Recovery Authority approved by the Secretary of Housing and 

Urban Development, $73,000,000, to remain available until 


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122 STAT. 2352 PUBLIC LAW 110–252—JUNE 30, 2008 

expended, of which $20,000,000 shall be for project-based vouchers 

under section 8(o)(13) of the United States Housing Act of 1937 

(42 U.S.C. 1437f(o)(13)), including administrative expenses not to 

exceed $3,000,000, and $50,000,000 shall be for grants under the 

Shelter Plus Care program as authorized under subtitle F of title 

IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11403 et seq.): Provided, That the Secretary of Housing and Urban 

Development shall, upon request, make funds available under this 

paragraph to the State of Louisiana or its designee or designees, 

upon request: Provided further, That notwithstanding any other 

provision of law, for the purpose of administering the amounts 

provided under this paragraph, the State of Louisiana or its designee or designees may act in all respects as a public housing 

agency as defined in section 3(b)(6) of the United States Housing 

Act of 1937 (42 U.S.C. 1437a(b)(6)): Provided further, That subparagraphs (B) and (D) of section 8(o)(13) of the United States Housing 

Act of 1937 (42 U.S.C. 1437f(o)(13)) shall not apply with respect 

to vouchers made available under this paragraph. 

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

For an additional amount for ‘‘Community Development Fund’’, 

for necessary expenses related to disaster relief, long-term recovery, 

and restoration of infrastructure in areas covered by a declaration 

of major disaster under title IV of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as 

a result of recent natural disasters, $300,000,000, 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 this heading: 

Provided further, That each State may use up to five percent 

of its allocation for administrative costs: Provided further, That 

in administering the funds under this heading, the Secretary of 

Housing and Urban Development shall 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 

the State that such waiver is required to facilitate the use of 

such funds or guarantees, and a finding by the Secretary that 

such waiver would not be inconsistent with the overall purpose 

of the statute, as modified: Provided further, That the Secretary 

may waive the requirement that activities benefit persons of low 

and moderate income, except that at least 50 percent of the funds 

made available under this heading must benefit primarily persons 

of low and moderate income unless the Secretary otherwise makes 

Federal Register, a finding of compelling need: Provided further, That the Secretary 

publication. 

Deadline. 

Waiver authority. 

Waiver authority. 

Louisiana. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2353 

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 two-year 

anniversary of the day the Secretary published the waiver in the 

Federal Register: 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 on any proposed allocation of any funds and 

any related waivers made pursuant to these provisions under this 

heading no later than 5 days before such 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. 

TITLE IV—EMERGENCY UNEMPLOYMENT COMPENSATION 

FEDERAL-STATE AGREEMENTS

SEC. 4001. (a) IN GENERAL.—Any State which desires to do 

so may enter into and participate in an agreement under this 

title with the Secretary of Labor (in this title referred to as the 

‘‘Secretary’’). Any State which is a party to an agreement under 

this title may, upon providing 30 days’ written notice to the Secretary, terminate such agreement. 

(b) PROVISIONS OF AGREEMENT.—Any agreement under subsection (a) shall provide that the State agency of the State will 

make payments of emergency unemployment compensation to 

individuals who— 

(1) have exhausted all rights to regular compensation under 

the State law or under Federal law with respect to a benefit 

year (excluding any benefit year that ended before May 1, 

2007); 

(2) have no rights to regular compensation or extended 

compensation with respect to a week under such law or any 

other State unemployment compensation law or to compensation under any other Federal law (except as provided under 

subsection (e)); and 

(3) are not receiving compensation with respect to such 

week under the unemployment compensation law of Canada. 

(c) EXHAUSTION OF BENEFITS.—For purposes of subsection 

(b)(1), an individual shall be deemed to have exhausted such individual’s rights to regular compensation under a State law when— 

(1) no payments of regular compensation can be made 

under such law because such individual has received all regular 

compensation available to such individual based on employment 

or wages during such individual’s base period; or 

Deadline. 

Notice. 

Procedures. 

Reports. 

Deadlines. 

Notification. 

Deadline. 

Reports. 

Deadlines. 

Plans. 


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122 STAT. 2354 PUBLIC LAW 110–252—JUNE 30, 2008 

(2) such individual’s rights to such compensation have been 

terminated by reason of the expiration of the benefit year 

with respect to which such rights existed. 

(d) WEEKLY BENEFIT AMOUNT, ETC.—For purposes of any agreement under this title— 

(1) the amount of emergency unemployment compensation 

which shall be payable to any individual for any week of total 

unemployment shall be equal to the amount of the regular 

compensation (including dependents’ allowances) payable to 

such individual during such individual’s benefit year under 

the State law for a week of total unemployment; 

(2) the terms and conditions of the State law which apply 

to claims for regular compensation and to the payment thereof 

shall apply to claims for emergency unemployment compensation and the payment thereof, except— 

(A) that an individual shall not be eligible for emergency unemployment compensation under this title unless, 

in the base period with respect to which the individual 

exhausted all rights to regular compensation under the 

State law, the individual had 20 weeks of full-time insured 

employment or the equivalent in insured wages, as determined under the provisions of the State law implementing 

section 202(a)(5) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note); 

and 

(B) where otherwise inconsistent with the provisions 

of this title or with the regulations or operating instructions 

of the Secretary promulgated to carry out this title; and 

(3) the maximum amount of emergency unemployment compensation payable to any individual for whom an emergency 

unemployment compensation account is established under section 4002 shall not exceed the amount established in such 

account for such individual. 

(e) ELECTION BY STATES.—Notwithstanding any other provision 

of Federal law (and if State law permits), the Governor of a State 

that is in an extended benefit period may provide for the payment 

of emergency unemployment compensation prior to extended compensation to individuals who otherwise meet the requirements of 

this section. 

(f) UNAUTHORIZED ALIENS INELIGIBLE.—A State shall require 

as a condition of eligibility for emergency unemployment compensation under this Act that each alien who receives such compensation 

must be legally authorized to work in the United States, as defined 

for purposes of the Federal Unemployment Tax Act (26 U.S.C. 

3301 et seq.). In determining whether an alien meets the requirements of this subsection, a State must follow the procedures provided in section 1137(d) of the Social Security Act (42 U.S.C. 1320b– 

7(d)). 

EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT

SEC. 4002. (a) IN GENERAL.—Any agreement under this title 

shall provide that the State will establish, for each eligible individual who files an application for emergency unemployment compensation, an emergency unemployment compensation account with 

respect to such individual’s benefit year. 

(b) AMOUNT IN ACCOUNT.— 

26 USC 3304 

note. 

Applicability. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2355 

(1) IN GENERAL.—The amount established in an account 

under subsection (a) shall be equal to the lesser of— 

(A) 50 percent of the total amount of regular compensation (including dependents’ allowances) payable to the individual during the individual’s benefit year under such law, 

or 

(B) 13 times the individual’s average weekly benefit 

amount for the benefit year. 

(2) WEEKLY BENEFIT AMOUNT.—For purposes of this subsection, an individual’s weekly benefit amount for any week 

is the amount of regular compensation (including dependents’ 

allowances) under the State law payable to such individual 

for such week for total unemployment. 

PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF

EMERGENCY UNEMPLOYMENT COMPENSATION

SEC. 4003. (a) GENERAL RULE.—There shall be paid to each 

State that has entered into an agreement under this title an amount 

equal to 100 percent of the emergency unemployment compensation 

paid to individuals by the State pursuant to such agreement. 

(b) TREATMENT OF REIMBURSABLE COMPENSATION.—No payment shall be made to any State under this section in respect 

of any compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any 

Federal law other than this title or chapter 85 of title 5, United 

States Code. A State shall not be entitled to any reimbursement 

under such chapter 85 in respect of any compensation to the extent 

the State is entitled to reimbursement under this title in respect 

of such compensation. 

(c) DETERMINATION OF AMOUNT.—Sums payable to any State 

by reason of such State having an agreement under this title 

shall be payable, either in advance or by way of reimbursement 

(as may be determined by the Secretary), in such amounts as 

the Secretary estimates the State will be entitled to receive under 

this title for each calendar month, reduced or increased, as the 

case may be, by any amount by which the Secretary finds that 

the Secretary’s estimates for any prior calendar month were greater 

or less than the amounts which should have been paid to the 

State. Such estimates may be made on the basis of such statistical, 

sampling, or other method as may be agreed upon by the Secretary 

and the State agency of the State involved. 

FINANCING PROVISIONS

SEC. 4004. (a) IN GENERAL.—Funds in the extended unemployment compensation account (as established by section 905(a) of 

the Social Security Act (42 U.S.C. 1105(a)) of the Unemployment 

Trust Fund (as established by section 904(a) of such Act (42 U.S.C. 

1104(a)) shall be used for the making of payments to States having 

agreements entered into under this title. 

(b) CERTIFICATION.—The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State 

the sums payable to such State under this title. The Secretary 

of the Treasury, prior to audit or settlement by the Government 

Accountability Office, shall make payments to the State in accordance with such certification, by transfers from the extended 

unemployment compensation account (as so established) to the 

26 USC 3304 

note. 

26 USC 3304 

note. 


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122 STAT. 2356 PUBLIC LAW 110–252—JUNE 30, 2008 

account of such State in the Unemployment Trust Fund (as so 

established). 

(c) ASSISTANCE TO STATES.—There are appropriated out of the 

employment security administration account (as established by section 901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the 

Unemployment Trust Fund, without fiscal year limitation, such 

funds as may be necessary for purposes of assisting States (as 

provided in title III of the Social Security Act (42 U.S.C. 501 

et seq.)) in meeting the costs of administration of agreements under 

this title. 

(d) APPROPRIATIONS FOR CERTAIN PAYMENTS.—There are appropriated from the general fund of the Treasury, without fiscal year 

limitation, to the extended unemployment compensation account 

(as so established) of the Unemployment Trust Fund (as so established) such sums as the Secretary estimates to be necessary to 

make the payments under this section in respect of— 

(1) compensation payable under chapter 85 of title 5, United 

States Code; and 

(2) compensation payable on the basis of services to which 

section 3309(a)(1) of the Internal Revenue Code of 1986 applies. 

Amounts appropriated pursuant to the preceding sentence shall 

not be required to be repaid. 

FRAUD AND OVERPAYMENTS

SEC. 4005. (a) IN GENERAL.—If an individual knowingly has 

made, or caused to be made by another, a false statement or 

representation of a material fact, or knowingly has failed, or caused 

another to fail, to disclose a material fact, and as a result of 

such false statement or representation or of such nondisclosure 

such individual has received an amount of emergency unemployment compensation under this title to which such individual was 

not entitled, such individual— 

(1) shall be ineligible for further emergency unemployment 

compensation under this title in accordance with the provisions 

of the applicable State unemployment compensation law 

relating to fraud in connection with a claim for unemployment 

compensation; and 

(2) shall be subject to prosecution under section 1001 of 

title 18, United States Code. 

(b) REPAYMENT.—In the case of individuals who have received 

amounts of emergency unemployment compensation under this title 

to which they were not entitled, the State shall require such individuals to repay the amounts of such emergency unemployment compensation to the State agency, except that the State agency may 

waive such repayment if it determines that— 

(1) the payment of such emergency unemployment compensation was without fault on the part of any such individual; 

and 

(2) such repayment would be contrary to equity and good 

conscience. 

(c) RECOVERY BY STATE AGENCY.— (1) IN GENERAL.—The State agency may recover the amount 

to be repaid, or any part thereof, by deductions from any 

emergency unemployment compensation payable to such individual under this title or from any unemployment compensation 

payable to such individual under any State or Federal 

unemployment compensation law administered by the State 

Waiver authority. 

26 USC 3304 

note. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2357 

agency or under any other State or Federal law administered 

by the State agency which provides for the payment of any 

assistance or allowance with respect to any week of unemployment, during the 3-year period after the date such individuals 

received the payment of the emergency unemployment compensation to which they were not entitled, except that no single 

deduction may exceed 50 percent of the weekly benefit amount 

from which such deduction is made. 

(2) OPPORTUNITY FOR HEARING.—No repayment shall be 

required, and no deduction shall be made, until a determination 

has been made, notice thereof and an opportunity for a fair 

hearing has been given to the individual, and the determination 

has become final. 

(d) REVIEW.—Any determination by a State agency under this 

section shall be subject to review in the same manner and to 

the same extent as determinations under the State unemployment 

compensation law, and only in that manner and to that extent. 

DEFINITIONS

SEC. 4006. In this title, the terms ‘‘compensation’’, ‘‘regular 

compensation’’, ‘‘extended compensation’’, ‘‘benefit year’’, ‘‘base 

period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ have the 

respective meanings given such terms under section 205 of the 

Federal-State Extended Unemployment Compensation Act of 1970 

(26 U.S.C. 3304 note). 

APPLICABILITY

SEC. 4007. (a) IN GENERAL.—Except as provided in subsection 

(b), an agreement entered into under this title shall apply to weeks 

of unemployment— 

(1) beginning after the date on which such agreement is 

entered into; and 

(2) ending on or before March 31, 2009. 

(b) TRANSITION FOR AMOUNT REMAINING IN ACCOUNT.— 

(1) IN GENERAL.—Subject to paragraph (2), in the case 

of an individual who has amounts remaining in an account 

established under section 4002 as of the last day of the last 

week (as determined in accordance with the applicable State 

law) ending on or before March 31, 2009, emergency unemployment compensation shall continue to be payable to such individual from such amounts for any week beginning after such 

last day for which the individual meets the eligibility requirements of this title. 

(2) LIMIT ON COMPENSATION.—No compensation shall be 

payable by reason of paragraph (1) for any week beginning 

after June 30, 2009. 

TITLE V—VETERANS EDUCATIONAL ASSISTANCE 

SHORT TITLE

SEC. 5001. This title may be cited as the ‘‘Post-9/11 Veterans 

Educational Assistance Act of 2008’’. 

FINDINGS

SEC. 5002. Congress makes the following findings: 38 USC 3301 

note. 

Post-9/11 

Veterans 

Educational 

Assistance 

Act of 2008. 

38 USC 101 note. 

Termination 

date. 

Effective date. 

26 USC 3304 

note. 

26 USC 3304 

note. 

Notice. 


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(1) On September 11, 2001, terrorists attacked the United 

States, and the brave members of the Armed Forces of the 

United States were called to the defense of the Nation. 

(2) Service on active duty in the Armed Forces has been 

especially arduous for the members of the Armed Forces since 

September 11, 2001. 

(3) The United States has a proud history of offering educational assistance to millions of veterans, as demonstrated 

by the many ‘‘G.I. Bills’’ enacted since World War II. Educational assistance for veterans helps reduce the costs of war, 

assist veterans in readjusting to civilian life after wartime 

service, and boost the United States economy, and has a positive 

effect on recruitment for the Armed Forces. 

(4) The current educational assistance program for veterans 

is outmoded and designed for peacetime service in the Armed 

Forces. 

(5) The people of the United States greatly value military 

service and recognize the difficult challenges involved in readjusting to civilian life after wartime service in the Armed 

Forces. 

(6) It is in the national interest for the United States 

to provide veterans who serve on active duty in the Armed 

Forces after September 11, 2001, with enhanced educational 

assistance benefits that are worthy of such service and are 

commensurate with the educational assistance benefits provided by a grateful Nation to veterans of World War II. 

EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WHO

SERVE AFTER SEPTEMBER 11, 2001 

SEC. 5003. (a) EDUCATIONAL ASSISTANCE AUTHORIZED.— 

(1) IN GENERAL.—Part III of title 38, United States Code, 

is amended by inserting after chapter 32 the following new 

chapter: 

‘‘CHAPTER 33—POST–9/11 EDUCATIONAL ASSISTANCE 

‘‘SUBCHAPTER I—DEFINITIONS

‘‘Sec. 

‘‘3301. Definitions. 

‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE

‘‘3311. Educational assistance for service in the Armed Forces commencing on or 

after September 11, 2001: entitlement. 

‘‘3312. Educational assistance: duration. 

‘‘3313. Educational assistance: amount; payment. 

‘‘3314. Tutorial assistance. 

‘‘3315. Licensure and certification tests. 

‘‘3316. Supplemental educational assistance: members with critical skills or specialty; members serving additional service. 

‘‘3317. Public-private contributions for additional educational assistance. 

‘‘3318. Additional assistance: relocation or travel assistance for individual relocating 

or traveling significant distance for pursuit of a program of education. 

‘‘3319. Authority to transfer unused education benefits to family members. 

‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS

‘‘3321. Time limitation for use of and eligibility for entitlement. 

‘‘3322. Bar to duplication of educational assistance benefits. 

‘‘3323. Administration. 

‘‘3324. Allocation of administration and costs. 


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‘‘SUBCHAPTER I—DEFINITIONS 

‘‘§ 3301. Definitions 

‘‘In this chapter: 

‘‘(1) The term ‘active duty’ has the meanings as follows 

(subject to the limitations specified in sections 3002(6) and 

3311(b)): 

‘‘(A) In the case of members of the regular components 

of the Armed Forces, the meaning given such term in 

section 101(21)(A). 

‘‘(B) In the case of members of the reserve components 

of the Armed Forces, service on active duty under a call 

or order to active duty under section 688, 12301(a), 

12301(d), 12301(g), 12302, or 12304 of title 10. 

‘‘(2) The term ‘entry level and skill training’ means the 

following: 

‘‘(A) In the case of members of the Army, Basic Combat 

Training and Advanced Individual Training. 

‘‘(B) In the case of members of the Navy, Recruit 

Training (or Boot Camp) and Skill Training (or so-called 

‘A’ School). 

‘‘(C) In the case of members of the Air Force, Basic 

Military Training and Technical Training. 

‘‘(D) In the case of members of the Marine Corps, 

Recruit Training and Marine Corps Training (or School 

of Infantry Training). 

‘‘(E) In the case of members of the Coast Guard, Basic 

Training. 

‘‘(3) The term ‘program of education’ has the meaning given 

such term in section 3002, except to the extent otherwise provided in section 3313. 

‘‘(4) The term ‘Secretary of Defense’ means the Secretary 

of Defense, except that the term means the Secretary of Homeland Security with respect to the Coast Guard when it is 

not operating as a service in the Navy. 

‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE 

‘‘§ 3311. Educational assistance for service in the Armed 

Forces commencing on or after September 11, 

2001: entitlement 

‘‘(a) ENTITLEMENT.—Subject to subsections (d) and (e), each 

individual described in subsection (b) is entitled to educational 

assistance under this chapter. 

‘‘(b) COVERED INDIVIDUALS.—An individual described in this 

subsection is any individual as follows: 

‘‘(1) An individual who— 

‘‘(A) commencing on or after September 11, 2001, serves 

an aggregate of at least 36 months on active duty in the 

Armed Forces (including service on active duty in entry 

level and skill training); and 

‘‘(B) after completion of service described in subparagraph (A)— 

‘‘(i) continues on active duty; or 

‘‘(ii) is discharged or released from active duty 

as described in subsection (c). 

‘‘(2) An individual who— 


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‘‘(A) commencing on or after September 11, 2001, serves 

at least 30 continuous days on active duty in the Armed 

Forces; and 

‘‘(B) after completion of service described in subparagraph (A), is discharged or released from active duty in 

the Armed Forces for a service-connected disability. 

‘‘(3) An individual who— 

‘‘(A) commencing on or after September 11, 2001, serves 

an aggregate of at least 30 months, but less than 36 

months, on active duty in the Armed Forces (including 

service on active duty in entry level and skill training); 

and 

‘‘(B) after completion of service described in subparagraph (A)— 

‘‘(i) continues on active duty for an aggregate of 

less than 36 months; or 

‘‘(ii) before completion of service on active duty 

of an aggregate of 36 months, is discharged or released 

from active duty as described in subsection (c). 

‘‘(4) An individual who— 

‘‘(A) commencing on or after September 11, 2001, serves 

an aggregate of at least 24 months, but less than 30 

months, on active duty in the Armed Forces (including 

service on active duty in entry level and skill training); 

and 

‘‘(B) after completion of service described in subparagraph (A)— 

‘‘(i) continues on active duty for an aggregate of 

less than 30 months; or 

‘‘(ii) before completion of service on active duty 

of an aggregate of 30 months, is discharged or released 

from active duty as described in subsection (c). 

‘‘(5) An individual who— 

‘‘(A) commencing on or after September 11, 2001, serves 

an aggregate of at least 18 months, but less than 24 

months, on active duty in the Armed Forces (excluding 

service on active duty in entry level and skill training); 

and 

‘‘(B) after completion of service described in subparagraph (A)— 

‘‘(i) continues on active duty for an aggregate of 

less than 24 months; or 

‘‘(ii) before completion of service on active duty 

of an aggregate of 24 months, is discharged or released 

from active duty as described in subsection (c). 

‘‘(6) An individual who— 

‘‘(A) commencing on or after September 11, 2001, serves 

an aggregate of at least 12 months, but less than 18 

months, on active duty in the Armed Forces (excluding 

service on active duty in entry level and skill training); 

and 

‘‘(B) after completion of service described in subparagraph (A)— 

‘‘(i) continues on active duty for an aggregate of 

less than 18 months; or 


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‘‘(ii) before completion of service on active duty 

of an aggregate of 18 months, is discharged or released 

from active duty as described in subsection (c). 

‘‘(7) An individual who— 

‘‘(A) commencing on or after September 11, 2001, serves 

an aggregate of at least 6 months, but less than 12 months, 

on active duty in the Armed Forces (excluding service on 

active duty in entry level and skill training); and 

‘‘(B) after completion of service described in subparagraph (A)— 

‘‘(i) continues on active duty for an aggregate of 

less than 12 months; or 

‘‘(ii) before completion of service on active duty 

of an aggregate of 12 months, is discharged or released 

from active duty as described in subsection (c). 

‘‘(8) An individual who— 

‘‘(A) commencing on or after September 11, 2001, serves 

an aggregate of at least 90 days, but less than 6 months, 

on active duty in the Armed Forces (excluding service on 

active duty in entry level and skill training); and 

‘‘(B) after completion of service described in subparagraph (A)— 

‘‘(i) continues on active duty for an aggregate of 

less than 6 months; or 

‘‘(ii) before completion of service on active duty 

of an aggregate of 6 months, is discharged or released 

from active duty as described in subsection (c). 

‘‘(c) COVERED DISCHARGES AND RELEASES.—A discharge or 

release from active duty of an individual described in this subsection 

is a discharge or release as follows: 

‘‘(1) A discharge from active duty in the Armed Forces 

with an honorable discharge. 

‘‘(2) A release after service on active duty in the Armed 

Forces characterized by the Secretary concerned as honorable 

service and placement on the retired list, transfer to the Fleet 

Reserve or Fleet Marine Corps Reserve, or placement on the 

temporary disability retired list. 

‘‘(3) A release from active duty in the Armed Forces for 

further service in a reserve component of the Armed Forces 

after service on active duty characterized by the Secretary 

concerned as honorable service. 

‘‘(4) A discharge or release from active duty in the Armed 

Forces for— 

‘‘(A) a medical condition which preexisted the service 

of the individual as described in the applicable paragraph 

of subsection (b) and which the Secretary determines is 

not service-connected; 

‘‘(B) hardship; or 

‘‘(C) a physical or mental condition that was not 

characterized as a disability and did not result from the 

individual’s own willful misconduct but did interfere with 

the individual’s performance of duty, as determined by 

the Secretary concerned in accordance with regulations 

prescribed by the Secretary of Defense. 

‘‘(d) PROHIBITION ON TREATMENT OF CERTAIN SERVICE AS

PERIOD OF ACTIVE DUTY.—The following periods of service shall 

not be considered a part of the period of active duty on which 


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an individual’s entitlement to educational assistance under this 

chapter is based: 

‘‘(1) A period of service on active duty of an officer pursuant 

to an agreement under section 2107(b) of title 10. 

‘‘(2) A period of service on active duty of an officer pursuant 

to an agreement under section 4348, 6959, or 9348 of title 

10. 

‘‘(3) A period of service that is terminated because of a 

defective enlistment and induction based on— 

‘‘(A) the individual’s being a minor for purposes of 

service in the Armed Forces; 

‘‘(B) an erroneous enlistment or induction; or 

‘‘(C) a defective enlistment agreement. 

‘‘(e) TREATMENT OF INDIVIDUALS ENTITLED UNDER MULTIPLE

PROVISIONS.—In the event an individual entitled to educational 

assistance under this chapter is entitled by reason of both paragraphs (4) and (5) of subsection (b), the individual shall be treated 

as being entitled to educational assistance under this chapter by 

reason of paragraph (5) of subsection (b). 

‘‘§ 3312. Educational assistance: duration 

‘‘(a) IN GENERAL.—Subject to section 3695 and except as provided in subsections (b) and (c), an individual entitled to educational 

assistance under this chapter is entitled to a number of months 

of educational assistance under section 3313 equal to 36 months. 

‘‘(b) CONTINUING RECEIPT.—The receipt of educational assistance under section 3313 by an individual entitled to educational 

assistance under this chapter is subject to the provisions of section 

3321(b)(2). 

‘‘(c) DISCONTINUATION OF EDUCATION FOR ACTIVE DUTY.— 

‘‘(1) IN GENERAL.—Any payment of educational assistance 

described in paragraph (2) shall not— 

‘‘(A) be charged against any entitlement to educational 

assistance of the individual concerned under this chapter; 

or 

‘‘(B) be counted against the aggregate period for which 

section 3695 limits the individual’s receipt of educational 

assistance under this chapter. 

‘‘(2) DESCRIPTION OF PAYMENT OF EDUCATIONAL ASSISTANCE.—Subject to paragraph (3), the payment of educational 

assistance described in this paragraph is the payment of such 

assistance to an individual for pursuit of a course or courses 

under this chapter if the Secretary finds that the individual— 

‘‘(A)(i) in the case of an individual not serving on 

active duty, had to discontinue such course pursuit as 

a result of being called or ordered to serve on active duty 

under section 688, 12301(a), 12301(d), 12301(g), 12302, or 

12304 of title 10; or 

‘‘(ii) in the case of an individual serving on active 

duty, had to discontinue such course pursuit as a result 

of being ordered to a new duty location or assignment 

or to perform an increased amount of work; and 

‘‘(B) failed to receive credit or lost training time toward 

completion of the individual’s approved education, professional, or vocational objective as a result of having to 

discontinue, as described in subparagraph (A), the individual’s course pursuit. 


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‘‘(3) PERIOD FOR WHICH PAYMENT NOT CHARGED.—The 

period for which, by reason of this subsection, educational 

assistance is not charged against entitlement or counted toward 

the applicable aggregate period under section 3695 of this title 

shall not exceed the portion of the period of enrollment in 

the course or courses from which the individual failed to receive 

credit or with respect to which the individual lost training 

time, as determined under paragraph (2)(B). 

‘‘§ 3313. Educational assistance: amount; payment 

‘‘(a) PAYMENT.—The Secretary shall pay to each individual entitled to educational assistance under this chapter who is pursuing 

an approved program of education (other than a program covered 

by subsections (e) and (f)) the amounts specified in subsection 

(c) to meet the expenses of such individual’s subsistence, tuition, 

fees, and other educational costs for pursuit of such program of 

education. 

‘‘(b) APPROVED PROGRAMS OF EDUCATION.—A program of education is an approved program of education for purposes of this 

chapter if the program of education is offered by an institution 

of higher learning (as that term is defined in section 3452(f)) and 

is approved for purposes of chapter 30 (including approval by the 

State approving agency concerned). 

‘‘(c) AMOUNT OF EDUCATIONAL ASSISTANCE.—The amounts payable under this subsection for pursuit of an approved program 

of education are amounts as follows: 

‘‘(1) In the case of an individual entitled to educational 

assistance under this chapter by reason of section 3311(b)(1) 

or 3311(b)(2), amounts as follows: 

‘‘(A) An amount equal to the established charges for 

the program of education, except that the amount payable 

under this subparagraph may not exceed the maximum 

amount of established charges regularly charged in-State 

students for full-time pursuit of approved programs of education for undergraduates by the public institution of 

higher education offering approved programs of education 

for undergraduates in the State in which the individual 

is enrolled that has the highest rate of regularly-charged 

established charges for such programs of education among 

all public institutions of higher education in such State 

offering such programs of education. 

‘‘(B) A monthly stipend in an amount as follows: 

‘‘(i) For each month the individual pursues the 

program of education (other than, in the case of assistance under this section only, a program of education 

offered through distance learning), a monthly housing 

stipend amount equal to the monthly amount of the 

basic allowance for housing payable under section 403 

of title 37 for a member with dependents in pay grade 

E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code 

area in which is located the institution of higher education at which the individual is enrolled. 

‘‘(ii) For the first month of each quarter, semester, 

or term, as applicable, of the program of education 

pursued by the individual, a lump sum amount for 

books, supplies, equipment, and other educational costs 


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with respect to such quarter, semester, or term in 

the amount equal to— 

‘‘(I) $1,000, multiplied by 

‘‘(II) the fraction which is the portion of a 

complete academic year under the program of education that such quarter, semester, or term constitutes. 

‘‘(2) In the case of an individual entitled to educational 

assistance under this chapter by reason of section 3311(b)(3), 

amounts equal to 90 percent of the amounts that would be 

payable to the individual under paragraph (1) for the program 

of education if the individual were entitled to amounts for 

the program of education under paragraph (1) rather than 

this paragraph. 

‘‘(3) In the case of an individual entitled to educational 

assistance under this chapter by reason of section 3311(b)(4), 

amounts equal to 80 percent of the amounts that would be 

payable to the individual under paragraph (1) for the program 

of education if the individual were entitled to amounts for 

the program of education under paragraph (1) rather than 

this paragraph. 

‘‘(4) In the case of an individual entitled to educational 

assistance under this chapter by reason of section 3311(b)(5), 

amounts equal to 70 percent of the amounts that would be 

payable to the individual under paragraph (1) for the program 

of education if the individual were entitled to amounts for 

the program of education under paragraph (1) rather than 

this paragraph. 

‘‘(5) In the case of an individual entitled to educational 

assistance under this chapter by reason of section 3311(b)(6), 

amounts equal to 60 percent of the amounts that would be 

payable to the individual under paragraph (1) for the program 

of education if the individual were entitled to amounts for 

the program of education under paragraph (1) rather than 

this paragraph. 

‘‘(6) In the case of an individual entitled to educational 

assistance under this chapter by reason of section 3311(b)(7), 

amounts equal to 50 percent of the amounts that would be 

payable to the individual under paragraph (1) for the program 

of education if the individual were entitled to amounts for 

the program of education under paragraph (1) rather than 

this paragraph. 

‘‘(7) In the case of an individual entitled to educational 

assistance under this chapter by reason of section 3311(b)(8), 

amounts equal to 40 percent of the amounts that would be 

payable to the individual under paragraph (1) for the program 

of education if the individual were entitled to amounts for 

the program of education under paragraph (1) rather than 

this paragraph. 

‘‘(d) FREQUENCY OF PAYMENT.— 

‘‘(1) QUARTER, SEMESTER, OR TERM PAYMENTS.—Payment 

of the amounts payable under subsection (c)(1)(A), and of 

similar amounts payable under paragraphs (2) through (7) of 

subsection (c), for pursuit of a program of education shall be 

made for the entire quarter, semester, or term, as applicable, 

of the program of education. 


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‘‘(2) MONTHLY PAYMENTS.—Payment of the amount payable 

under subsection (c)(1)(B), and of similar amounts payable 

under paragraphs (2) through (7) of subsection (c), for pursuit 

of a program of education shall be made on a monthly basis. 

‘‘(3) REGULATIONS.—The Secretary shall prescribe in regulations methods for determining the number of months 

(including fractions thereof) of entitlement of an individual 

to educational assistance this chapter that are chargeable under 

this chapter for an advance payment of amounts under paragraphs (1) and (2) for pursuit of a program of education on 

a quarter, semester, term, or other basis. 

‘‘(e) PROGRAMS OF EDUCATION PURSUED ON ACTIVE DUTY.— ‘‘(1) IN GENERAL.—Educational assistance is payable under 

this chapter for pursuit of an approved program of education 

while on active duty. 

‘‘(2) AMOUNT OF ASSISTANCE.—The amount of educational 

assistance payable under this chapter to an individual pursuing 

a program of education while on active duty is the lesser 

of— 

‘‘(A) the established charges which similarly 

circumstanced nonveterans enrolled in the program of education involved would be required to pay; or 

‘‘(B) the amount of the charges of the educational 

institution as elected by the individual in the manner specified in section 3014(b)(1) 

‘‘(3) QUARTER, SEMESTER, OR TERM PAYMENTS.—Payment 

of the amount payable under paragraph (2) for pursuit of a 

program of education shall be made for the entire quarter, 

semester, or term, as applicable, of the program of education. 

‘‘(4) MONTHLY PAYMENTS.—For each month (as determined 

pursuant to the methods prescribed under subsection (d)(3)) 

for which amounts are paid an individual under this subsection, 

the entitlement of the individual to educational assistance 

under this chapter shall be charged at the rate of one month 

for each such month. 

‘‘(f) PROGRAMS OF EDUCATION PURSUED ON HALF-TIME BASIS

OR LESS.— 

‘‘(1) IN GENERAL.—Educational assistance is payable under 

this chapter for pursuit of an approved program of education 

on half-time basis or less. 

‘‘(2) AMOUNT OF ASSISTANCE.—The educational assistance 

payable under this chapter to an individual pursuing a program 

of education on half-time basis or less is the amounts as follows: 

‘‘(A) The amount equal to the lesser of— 

‘‘(i) the established charges which similarly 

circumstanced nonveterans enrolled in the program 

of education involved would be required to pay; or 

‘‘(ii) the maximum amount that would be payable 

to the individual for the program of education under 

paragraph (1)(A) of subsection (c), or under the provisions of paragraphs (2) through (7) of subsection (c) 

applicable to the individual, for the program of education if the individual were entitled to amounts for 

the program of education under subsection (c) rather 

than this subsection. 

‘‘(B) A stipend in an amount equal to the amount 

of the appropriately reduced amount of the lump sum 


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amount for books, supplies, equipment, and other educational costs otherwise payable to the individual under 

subsection (c). 

‘‘(3) QUARTER, TERM, OR SEMESTER PAYMENTS.—Payment 

of the amounts payable to an individual under paragraph (2) 

for pursuit of a program of education on half-time basis or 

less shall be made for the entire quarter, semester, or term, 

as applicable, of the program of education. 

‘‘(4) MONTHLY PAYMENTS.—For each month (as determined 

pursuant to the methods prescribed under subsection (d)(3)) 

for which amounts are paid an individual under this subsection, 

the entitlement of the individual to educational assistance 

under this chapter shall be charged at a percentage of a month 

equal to— 

‘‘(A) the number of course hours borne by the individual 

in pursuit of the program of education involved, divided 

by 

‘‘(B) the number of course hours for full-time pursuit 

of such program of education. 

‘‘(g) PAYMENT OF ESTABLISHED CHARGES TO EDUCATIONAL

INSTITUTIONS.—Amounts payable under subsections (c)(1)(A) (and 

of similar amounts payable under paragraphs (2) through (7) of 

subsection (c)), (e)(2), and (f)(2)(A) shall be paid directly to the 

educational institution concerned. 

‘‘(h) ESTABLISHED CHARGES DEFINED.— 

‘‘(1) IN GENERAL.—In this section, the term ‘established 

charges’, in the case of a program of education, means the 

actual charges (as determined pursuant to regulations prescribed by the Secretary) for tuition and fees which similarly 

circumstanced nonveterans enrolled in the program of education 

would be required to pay. 

‘‘(2) BASIS OF DETERMINATION.—Established charges shall 

be determined for purposes of this subsection on the following 

basis: 

‘‘(A) In the case of an individual enrolled in a program 

of education offered on a term, quarter, or semester basis, 

the tuition and fees charged the individual for the term, 

quarter, or semester. 

‘‘(B) In the case of an individual enrolled in a program 

of education not offered on a term, quarter, or semester 

basis, the tuition and fees charged the individual for the 

entire program of education. 

‘‘§ 3314. Tutorial assistance 

‘‘(a) IN GENERAL.—Subject to subsection (b), an individual entitled to educational assistance under this chapter shall also be 

entitled to benefits provided an eligible veteran under section 3492. 

‘‘(b) CONDITIONS.— 

‘‘(1) IN GENERAL.—The provision of benefits under subsection (a) shall be subject to the conditions applicable to an 

eligible veteran under section 3492. 

‘‘(2) CERTIFICATION.—In addition to the conditions specified 

in paragraph (1), benefits may not be provided to an individual 

under subsection (a) unless the professor or other individual 

teaching, leading, or giving the course for which such benefits 

are provided certifies that— 


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‘‘(A) such benefits are essential to correct a deficiency 

of the individual in such course; and 

‘‘(B) such course is required as a part of, or is prerequisite or indispensable to the satisfactory pursuit of, 

an approved program of education. 

‘‘(c) AMOUNT.— ‘‘(1) IN GENERAL.—The amount of benefits described in 

subsection (a) that are payable under this section may not 

exceed $100 per month, for a maximum of 12 months, or 

until a maximum of $1,200 is utilized. 

‘‘(2) AS ADDITIONAL ASSISTANCE.—The amount provided an 

individual under this subsection is in addition to the amounts 

of educational assistance paid the individual under section 

3313. 

‘‘(d) NO CHARGE AGAINST ENTITLEMENT.—Any benefits provided 

an individual under subsection (a) are in addition to any other 

educational assistance benefits provided the individual under this 

chapter. 

‘‘§ 3315. Licensure and certification tests 

‘‘(a) IN GENERAL.—An individual entitled to educational assistance under this chapter shall also be entitled to payment for one 

licensing or certification test described in section 3452(b). 

‘‘(b) LIMITATION ON AMOUNT.—The amount payable under subsection (a) for a licensing or certification test may not exceed the 

lesser of— 

‘‘(1) $2,000; or 

‘‘(2) the fee charged for the test. 

‘‘(c) NO CHARGE AGAINST ENTITLEMENT.—Any amount paid an 

individual under subsection (a) is in addition to any other educational assistance benefits provided the individual under this 

chapter. 

‘‘§ 3316. Supplemental educational assistance: members with 

critical skills or specialty; members serving additional service 

‘‘(a) INCREASED ASSISTANCE FOR MEMBERS WITH CRITICAL

SKILLS OR SPECIALTY.— 

‘‘(1) IN GENERAL.—In the case of an individual who has 

a skill or specialty designated by the Secretary concerned as 

a skill or specialty in which there is a critical shortage of 

personnel or for which it is difficult to recruit or, in the case 

of critical units, retain personnel, the Secretary concerned may 

increase the monthly amount of educational assistance otherwise payable to the individual under paragraph (1)(B) of section 

3313(c), or under paragraphs (2) through (7) of such section 

(as applicable). 

‘‘(2) MAXIMUM AMOUNT OF INCREASE IN ASSISTANCE.—The 

amount of the increase in educational assistance authorized 

by paragraph (1) may not exceed the amount equal to the 

monthly amount of increased basic educational assistance 

providable under section 3015(d)(1) at the time of the increase 

under paragraph (1). 

‘‘(b) SUPPLEMENTAL ASSISTANCE FOR ADDITIONAL SERVICE.— 

‘‘(1) IN GENERAL.—The Secretary concerned may provide 

for the payment to an individual entitled to educational assistance under this chapter of supplemental educational assistance 


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for additional service authorized by subchapter III of chapter 

30. The amount so payable shall be payable as an increase 

in the monthly amount of educational assistance otherwise 

payable to the individual under paragraph (1)(B) of section 

3313(c), or under paragraphs (2) through (7) of such section 

(as applicable). 

‘‘(2) ELIGIBILITY.—Eligibility for supplement educational 

assistance under this subsection shall be determined in accordance with the provisions of subchapter III of chapter 30, except 

that any reference in such provisions to eligibility for basic 

educational assistance under a provision of subchapter II of 

chapter 30 shall be treated as a reference to eligibility for 

educational assistance under the appropriate provision of this 

chapter. 

‘‘(3) AMOUNT.—The amount of supplemental educational 

assistance payable under this subsection shall be the amount 

equal to the monthly amount of supplemental educational payable under section 3022. 

‘‘(c) REGULATIONS.—The Secretaries concerned shall administer 

this section in accordance with such regulations as the Secretary 

of Defense shall prescribe. 

‘‘§ 3317. Public-private contributions for additional educational assistance 

‘‘(a) ESTABLISHMENT OF PROGRAM.—In instances where the educational assistance provided pursuant to section 3313(c)(1)(A) does 

not cover the full cost of established charges (as specified in section 

3313), the Secretary shall carry out a program under which colleges 

and universities can, voluntarily, enter into an agreement with 

the Secretary to cover a portion of those established charges not 

otherwise covered under section 3313(c)(1)(A), which contributions 

shall be matched by equivalent contributions toward such costs 

by the Secretary. The program shall only apply to covered individuals described in paragraphs (1) and (2) of section 3311(b). 

‘‘(b) DESIGNATION OF PROGRAM.—The program under this section shall be known as the ‘Yellow Ribbon G.I. Education Enhancement Program’. 

‘‘(c) AGREEMENTS.—The Secretary shall enter into an agreement 

with each college or university seeking to participate in the program 

under this section. Each agreement shall specify the following: 

‘‘(1) The manner (whether by direct grant, scholarship, 

or otherwise) of the contributions to be made by the college 

or university concerned. 

‘‘(2) The maximum amount of the contribution to be made 

by the college or university concerned with respect to any 

particular individual in any given academic year. 

‘‘(3) The maximum number of individuals for whom the 

college or university concerned will make contributions in any 

given academic year. 

‘‘(4) Such other matters as the Secretary and the college 

or university concerned jointly consider appropriate. 

‘‘(d) MATCHING CONTRIBUTIONS.— 

‘‘(1) IN GENERAL.—In instances where the educational 

assistance provided an individual under section 3313(c)(1)(A) 

does not cover the full cost of tuition and mandatory fees 

at a college or university, the Secretary shall provide up to 

50 percent of the remaining costs for tuition and mandatory 

Applicability. 


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fees if the college or university voluntarily enters into an agreement with the Secretary to match an equal percentage of any 

of the remaining costs for such tuition and fees. 

‘‘(2) USE OF APPROPRIATED FUNDS.—Amounts available to 

the Secretary under section 3324(b) for payment of the costs 

of this chapter shall be available to the Secretary for purposes 

of paragraph (1). 

‘‘(e) OUTREACH.—The Secretary shall make available on the 

Internet website of the Department available to the public a current 

list of the colleges and universities participating in the program 

under this section. The list shall specify, for each college or university so listed, appropriate information on the agreement between 

the Secretary and such college or university under subsection (c). 

‘‘§ 3318. Additional assistance: relocation or travel assistance 

for individual relocating or traveling significant 

distance for pursuit of a program of education 

‘‘(a) ADDITIONAL ASSISTANCE.—Each individual described in 

subsection (b) shall be paid additional assistance under this section 

in the amount of $500. 

‘‘(b) COVERED INDIVIDUALS.—An individual described in this 

subsection is any individual entitled to educational assistance under 

this chapter— 

‘‘(1) who resides in a county (or similar entity utilized 

by the Bureau of the Census) with less than seven persons 

per square mile, according to the most recent decennial Census; 

and 

‘‘(2) who— 

‘‘(A) physically relocates a distance of at least 500 

miles in order to pursue a program of education for which 

the individual utilizes educational assistance under this 

chapter; or 

‘‘(B) travels by air to physically attend an institution 

of higher education for pursuit of such a program of education because the individual cannot travel to such institution by automobile or other established form of transportation due to an absence of road or other infrastructure. 

‘‘(c) PROOF OF RESIDENCE.—For purposes of subsection (b)(1), 

an individual may demonstrate the individual’s place of residence 

utilizing any of the following: 

‘‘(1) DD Form 214, Certification of Release or Discharge 

from Active Duty. 

‘‘(2) The most recent Federal income tax return. 

‘‘(3) Such other evidence as the Secretary shall prescribe 

for purposes of this section. 

‘‘(d) SINGLE PAYMENT OF ASSISTANCE.—An individual is entitled 

to only one payment of additional assistance under this section. 

‘‘(e) NO CHARGE AGAINST ENTITLEMENT.—Any amount paid an 

individual under this section is in addition to any other educational 

assistance benefits provided the individual under this chapter. 

‘‘§ 3319. Authority to transfer unused education benefits to 

family members 

‘‘(a) IN GENERAL.—Subject to the provisions of this section, 

the Secretary of Defense may authorize the Secretary concerned, 

to promote recruitment and retention of members of the Armed 

Forces, to permit an individual described in subsection (b) who 

Website. 

Public 

information. 

Lists. 


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is entitled to educational assistance under this chapter to elect 

to transfer to one or more of the dependents specified in subsection 

(c) a portion of such individual’s entitlement to such assistance, 

subject to the limitation under subsection (d). 

‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred to in subsection (a) is any member of the Armed Forces who, at the time 

of the approval of the individual’s request to transfer entitlement 

to educational assistance under this section, has completed at 

least— 

‘‘(1) six years of service in the armed forces and enters 

into an agreement to serve at least four more years as a 

member of the Armed Forces; or 

‘‘(2) the years of service as determined in regulations pursuant to section (k). 

‘‘(c) ELIGIBLE DEPENDENTS.—An individual approved to transfer 

an entitlement to educational assistance under this section may 

transfer the individual’s entitlement as follows: 

‘‘(1) To the individual’s spouse. 

‘‘(2) To one or more of the individual’s children. 

‘‘(3) To a combination of the individuals referred to in 

paragraphs (1) and (2). 

‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number 

of months of entitlement transferred by a individual under this 

section may not exceed 36 months. The Secretary of Defense may 

prescribe regulations that would limit the months of entitlement 

that may be transferred under this section to no less than 18 

months. 

‘‘(e) DESIGNATION OF TRANSFEREE.—An individual transferring 

an entitlement to educational assistance under this section shall— 

‘‘(1) designate the dependent or dependents to whom such 

entitlement is being transferred; 

‘‘(2) designate the number of months of such entitlement 

to be transferred to each such dependent; and 

‘‘(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). 

‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODIFICATION.— 

‘‘(1) TIME FOR TRANSFER.—Subject to the time limitation 

for use of entitlement under section 3321 an individual 

approved to transfer entitlement to educational assistance 

under this section may transfer such entitlement only while 

serving as a member of the armed forces when the transfer 

is executed. 

‘‘(2) MODIFICATION OR REVOCATION.— 

‘‘(A) IN GENERAL.—An individual transferring entitlement under this section may modify or revoke at any 

time the transfer of any unused portion of the entitlement 

so transferred. 

‘‘(B) NOTICE.—The modification or revocation of the 

transfer of entitlement under this paragraph shall be made 

by the submittal of written notice of the action to both 

the Secretary concerned and the Secretary of Veterans 

Affairs. 

‘‘(3) PROHIBITION ON TREATMENT OF TRANSFERRED ENTITLEMENT AS MARITAL PROPERTY.—Entitlement transferred under 

this section may not be treated as marital property, or the 

asset of a marital estate, subject to division in a divorce or 

other civil proceeding. 


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‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitlement to educational assistance is transferred under this section 

may not commence the use of the transferred entitlement until— 

‘‘(1) in the case of entitlement transferred to a spouse, 

the completion by the individual making the transfer of at 

least— 

‘‘(A) six years of service in the armed forces; or 

‘‘(B) the years of service as determined in regulations 

pursuant to subsection (j); or 

‘‘(2) in the case of entitlement transferred to a child, both— 

‘‘(A) the completion by the individual making the 

transfer of at least— 

‘‘(i) ten years of service in the armed forces; or 

‘‘(ii) the years of service as determined in regulations pursuant to subsection (j); and 

‘‘(B) either— 

‘‘(i) the completion by the child of the requirements 

of a secondary school diploma (or equivalency certificate); or 

‘‘(ii) the attainment by the child of 18 years of 

age. 

‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.— 

‘‘(1) USE.—The use of any entitlement to educational assistance transferred under this section shall be charged against 

the entitlement of the individual making the transfer at the 

rate of one month for each month of transferred entitlement 

that is used. 

‘‘(2) NATURE OF TRANSFERRED ENTITLEMENT.—Except as 

provided under subsection (e)(2) and subject to paragraphs 

(5) and (6)— 

‘‘(A) in the case of entitlement transferred to a spouse 

under this section, the spouse is entitled to educational 

assistance under this chapter in the same manner as the 

individual from whom the entitlement was transferred; 

or 

‘‘(B) in the case of entitlement transferred to a child 

under this section, the child is entitled to educational 

assistance under this chapter in the same manner as the 

individual from whom the entitlement was transferred as 

if the individual were not on active duty. 

‘‘(3) RATE OF PAYMENT.—The monthly rate of educational 

assistance payable to a dependent to whom entitlement referred 

to in paragraph (2) is transferred under this section shall 

be payable— 

‘‘(A) in the case of a spouse, at the same rate as 

such entitlement would otherwise be payable under this 

chapter to the individual making the transfer; or 

‘‘(B) in the case of a child, at the same rate as such 

entitlement would otherwise be payable under this chapter 

to the individual making the transfer as if the individual 

were not on active duty. 

‘‘(4) DEATH OF TRANSFEROR.—The death of an individual 

transferring an entitlement under this section shall not affect 

the use of the entitlement by the dependent to whom the 

entitlement is transferred. 

‘‘(5) LIMITATION ON AGE OF USE BY CHILD TRANSFEREES.— A child to whom entitlement is transferred under this section 


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may use the benefit without regard to the 15-year delimiting 

date, but may not use any entitlement so transferred after 

attaining the age of 26 years. 

‘‘(6) SCOPE OF USE BY TRANSFEREES.—The purposes for 

which a dependent to whom entitlement is transferred under 

this section may use such entitlement shall include the pursuit 

and completion of the requirements of a secondary school 

diploma (or equivalency certificate). 

‘‘(7) ADDITIONAL ADMINISTRATIVE PROVISIONS.—The 

administrative provisions of this chapter shall apply to the 

use of entitlement transferred under this section, except that 

the dependent to whom the entitlement is transferred shall 

be treated as the eligible individual for purposes of such provisions. 

‘‘(i) OVERPAYMENT.— ‘‘(1) JOINT AND SEVERAL LIABILITY.—In the event of an 

overpayment of educational assistance with respect to a 

dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer 

shall be jointly and severally liable to the United States for 

the amount of the overpayment for purposes of section 3685. 

‘‘(2) FAILURE TO COMPLETE SERVICE AGREEMENT.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), if an individual transferring entitlement under this 

section fails to complete the service agreed to by the individual under subsection (b)(1) in accordance with the terms 

of the agreement of the individual under that subsection, 

the amount of any transferred entitlement under this section that is used by a dependent of the individual as 

of the date of such failure shall be treated as an overpayment of educational assistance under paragraph (1). 

‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply 

in the case of an individual who fails to complete service 

agreed to by the individual— 

‘‘(i) by reason of the death of the individual; or 

‘‘(ii) for a reason referred to in section 3311(c)(4). 

‘‘(j) REGULATIONS.—(1) The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall prescribe regulations for purposes of this section. 

‘‘(2) Such regulations shall specify— 

‘‘(A) the manner of authorizing the transfer of entitlements 

under this section; 

‘‘(B) the eligibility criteria in accordance with subsection 

(b); and 

‘‘(C) the manner and effect of an election to modify or 

revoke a transfer of entitlement under subsection (f)(2). 

‘‘(k) SECRETARY CONCERNED DEFINED.—Notwithstanding section 101(25), in this section, the term ‘Secretary concerned’ means— 

‘‘(1) the Secretary of the Army with respect to matters 

concerning the Army; 

‘‘(2) the Secretary of the Navy with respect to matters 

concerning the Navy or the Marine Corps; 

‘‘(3) the Secretary of the Air Force with respect to matters 

concerning the Air Force; and 

‘‘(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security 

when it is not operating as a service in the Navy. 

Applicability. 


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‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS 

‘‘§ 3321. Time limitation for use of and eligibility for entitlement 

‘‘(a) IN GENERAL.—Except as provided in this section, the period 

during which an individual entitled to educational assistance under 

this chapter may use such individual’s entitlement expires at the 

end of the 15-year period beginning on the date of such individual’s 

last discharge or release from active duty. 

‘‘(b) EXCEPTIONS.— ‘‘(1) APPLICABILITY OF SECTION 3031 TO RUNNING OF

PERIOD.—Subsections (b), (c), and (d) of section 3031 shall apply 

with respect to the running of the 15-year period described 

in subsection (a) of this section in the same manner as such 

subsections apply under section 3031 with respect to the running of the 10-year period described in section 3031(a). 

‘‘(2) APPLICABILITY OF SECTION 3031 TO TERMINATION.—Section 3031(f) shall apply with respect to the termination of 

an individual’s entitlement to educational assistance under this 

chapter in the same manner as such section applies to the 

termination of an individual’s entitlement to educational assistance under chapter 30, except that, in the administration of 

such section for purposes of this chapter, the reference to section 

3013 shall be deemed to be a reference to 3312. 

‘‘(3) DETERMINATION OF LAST DISCHARGE OR RELEASE.— For purposes of subsection (a), an individual’s last discharge 

or release from active duty shall not include any discharge 

or release from a period of active duty of less than 90 days 

of continuous service, unless the individual is discharged or 

released as described in section 3311(b)(2). 

‘‘§ 3322. Bar to duplication of educational assistance benefits 

‘‘(a) IN GENERAL.—An individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 

1606, or 1607 of title 10, or the provisions of the Hostage Relief 

Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not 

receive assistance under two or more such programs concurrently, 

but shall elect (in such form and manner as the Secretary may 

prescribe) under which chapter or provisions to receive educational 

assistance. 

‘‘(b) INAPPLICABILITY OF SERVICE TREATED UNDER EDUCATIONAL

LOAN REPAYMENT PROGRAMS.—A period of service counted for purposes of repayment of an education loan under chapter 109 of 

title 10 may not be counted as a period of service for entitlement 

to educational assistance under this chapter. 

‘‘(c) SERVICE IN SELECTED RESERVE.—An individual who serves 

in the Selected Reserve may receive credit for such service under 

only one of this chapter, chapter 30 of this title, and chapters 

1606 and 1607 of title 10, and shall elect (in such form and manner 

as the Secretary may prescribe) under which chapter such service 

is to be credited. 

‘‘(d) ADDITIONAL COORDINATION MATTERS.—In the case of an 

individual entitled to educational assistance under chapter 30, 31, 

32, or 35 of this title, chapter 107, 1606, or 1607 of title 10, 

or the provisions of the Hostage Relief Act of 1980, or making 

contributions toward entitlement to educational assistance under 


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chapter 30 of this title, as of August 1, 2009, coordination of entitlement to educational assistance under this chapter, on the one 

hand, and such chapters or provisions, on the other, shall be governed by the provisions of section 5003(c) of the Post-9/11 Veterans 

Educational Assistance Act of 2008. 

‘‘§ 3323. Administration 

‘‘(a) IN GENERAL.— 

‘‘(1) IN GENERAL.—Except as otherwise provided in this 

chapter, the provisions specified in section 3034(a)(1) shall 

apply to the provision of educational assistance under this 

chapter. 

‘‘(2) SPECIAL RULE.—In applying the provisions referred 

to in paragraph (1) to an individual entitled to educational 

assistance under this chapter for purposes of this section, the 

reference in such provisions to the term ‘eligible veteran’ shall 

be deemed to refer to an individual entitled to educational 

assistance under this chapter. 

‘‘(3) RULE FOR APPLYING SECTION 3474.—In applying section 

3474 to an individual entitled to educational assistance under 

this chapter for purposes of this section, the reference in such 

section 3474 to the term ‘educational assistance allowance’ shall 

be deemed to refer to educational assistance payable under 

section 3313. 

‘‘(4) RULE FOR APPLYING SECTION 3482.—In applying section 

3482(g) to an individual entitled to educational assistance under 

this chapter for purposes of this section— 

‘‘(A) the first reference to the term ‘educational assistance allowance’ in such section 3482(g) shall be deemed 

to refer to educational assistance payable under section 

3313; and 

‘‘(B) the first sentence of paragraph (1) of such section 

3482(g) shall be applied as if such sentence ended with 

‘equipment’. 

‘‘(b) INFORMATION ON BENEFITS.— 

‘‘(1) TIMING FOR PROVIDING.—The Secretary shall provide 

the information described in paragraph (2) to each member 

of the Armed Forces at such times as the Secretary and the 

Secretary of Defense shall jointly prescribe in regulations. 

‘‘(2) DESCRIPTION OF INFORMATION.—The information 

described in this paragraph is information on benefits, limitations, procedures, eligibility requirements (including time-inservice requirements), and other important aspects of educational assistance under this chapter, including application 

forms for such assistance under section 5102. 

‘‘(3) TO WHOM PROVIDED.—The Secretary of Veterans 

Affairs shall furnish the information and forms described in 

paragraph (2), and other educational materials on educational 

assistance under this chapter, to educational institutions, 

training establishments, military education personnel, and such 

other persons and entities as the Secretary considers appropriate. 

‘‘(c) REGULATIONS.— 

‘‘(1) IN GENERAL.—The Secretary shall prescribe regulations 

for the administration of this chapter. 

Regulations. 

Applicability. 


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‘‘(2) UNIFORMITY.—Any regulations prescribed by the Secretary of Defense for purposes of this chapter shall apply uniformly across the Armed Forces. 

‘‘§ 3324. Allocation of administration and costs 

‘‘(a) ADMINISTRATION.—Except as otherwise provided in this 

chapter, the Secretary shall administer the provision of educational 

assistance under this chapter. 

‘‘(b) COSTS.—Payments for entitlement to educational assistance 

earned under this chapter shall be made from funds appropriated 

to, or otherwise made available to, the Department for the payment 

of readjustment benefits.’’. 

(2) CLERICAL AMENDMENTS.—The tables of chapters at the 

beginning of title 38, United States Code, and at the beginning 

of part III of such title, are each amended by inserting after 

the item relating to chapter 32 the following new item: 

‘‘33. Post-9/11 Educational Assistance ............................................................3301.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) AMENDMENTS RELATING TO DUPLICATION OF BENEFITS.— 

(A) Section 3033 of title 38, United States Code, is 

amended— 

(i) in subsection (a)(1) by inserting ‘‘33,’’ after ‘‘32,’’; 

and 

(ii) in subsection (c) by striking ‘‘both the program 

established by this chapter and the program established by chapter 106 of title 10’’ and inserting ‘‘two 

or more of the programs established by this chapter, 

chapter 33 of this title, and chapters 1606 and 1607 

of title 10’’. 

(B) Paragraph (4) of section 3695(a) of such title is 

amended to read as follows: 

‘‘(4) Chapters 30, 32, 33, 34, 35, and 36.’’. 

(C) Section 16163(e) of title 10, United States Code, 

is amended by inserting ‘‘33,’’ after ‘‘32,’’. 

(2) ADDITIONAL CONFORMING AMENDMENTS.— 

(A) Title 38, United States Code, is further amended 

by inserting ‘‘33,’’ after ‘‘32,’’ each place it appears in the 

following provisions: 

(i) In subsections (b) and (e)(1) of section 3485. 

(ii) In section 3688(b). 

(iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and 

(e)(2) of section 3689. 

(iv) In section 3690( b)(3)(A). 

(v) In subsections (a) and (b) of section 3692. 

(vi) In section 3697(a). 

(B) Section 3697A(b)(1) of such title is amended by 

striking ‘‘or 32’’ and inserting ‘‘32, or 33’’. 

(c) APPLICABILITY TO INDIVIDUALS UNDER MONTGOMERY GI BILL

PROGRAM.— 

(1) INDIVIDUALS ELIGIBLE TO ELECT PARTICIPATION IN POST9/11 EDUCATIONAL ASSISTANCE.—An individual may elect to 

receive educational assistance under chapter 33 of title 38, 

United States Code (as added by subsection (a)), if such individual— 

(A) as of August 1, 2009— 

38 USC 3301 

note. 

Applicability. 


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(i) is entitled to basic educational assistance under 

chapter 30 of title 38, United States Code, and has 

used, but retains unused, entitlement under that 

chapter; 

(ii) is entitled to educational assistance under 

chapter 107, 1606, or 1607 of title 10, United States 

Code, and has used, but retains unused, entitlement 

under the applicable chapter; 

(iii) is entitled to basic educational assistance 

under chapter 30 of title 38, United States Code, but 

has not used any entitlement under that chapter; 

(iv) is entitled to educational assistance under 

chapter 107, 1606, or 1607 of title 10, United States 

Code, but has not used any entitlement under such 

chapter; 

(v) is a member of the Armed Forces who is eligible 

for receipt of basic educational assistance under 

chapter 30 of title 38, United States Code, and is 

making contributions toward such assistance under 

section 3011(b) or 3012(c) of such title; or 

(vi) is a member of the Armed Forces who is not 

entitled to basic educational assistance under chapter 

30 of title 38, United States Code, by reason of an 

election under section 3011(c)(1) or 3012(d)(1) of such 

title; and 

(B) as of the date of the individual’s election under 

this paragraph, meets the requirements for entitlement 

to educational assistance under chapter 33 of title 38, 

United States Code (as so added). 

(2) CESSATION OF CONTRIBUTIONS TOWARD GI BILL.—Effective as of the first month beginning on or after the date of 

an election under paragraph (1) of an individual described 

by subparagraph (A)(v) of that paragraph, the obligation of 

the individual to make contributions under section 3011(b) 

or 3012(c) of title 38, United States Code, as applicable, shall 

cease, and the requirements of such section shall be deemed 

to be no longer applicable to the individual. 

(3) REVOCATION OF REMAINING TRANSFERRED ENTITLEMENT.— 

(A) ELECTION TO REVOKE.—If, on the date an individual 

described in subparagraph (A)(i) or (A)(iii) of paragraph 

(1) makes an election under that paragraph, a transfer 

of the entitlement of the individual to basic educational 

assistance under section 3020 of title 38, United States 

Code, is in effect and a number of months of the entitlement 

so transferred remain unutilized, the individual may elect 

to revoke all or a portion of the entitlement so transferred 

that remains unutilized. 

(B) AVAILABILITY OF REVOKED ENTITLEMENT.—Any 

entitlement revoked by an individual under this paragraph 

shall no longer be available to the dependent to whom 

transferred, but shall be available to the individual instead 

for educational assistance under chapter 33 of title 38, 

United States Code (as so added), in accordance with the 

provisions of this subsection. 

(C) AVAILABILITY OF UNREVOKED ENTITLEMENT.—Any 

entitlement described in subparagraph (A) that is not 

Effective date. 


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revoked by an individual in accordance with that subparagraph shall remain available to the dependent or dependents concerned in accordance with the current transfer 

of such entitlement under section 3020 of title 38, United 

States Code. 

(4) POST-9/11 EDUCATIONAL ASSISTANCE.— (A) IN GENERAL.—Subject to subparagraph (B) and 

except as provided in paragraph (5), an individual making 

an election under paragraph (1) shall be entitled to educational assistance under chapter 33 of title 38, United 

States Code (as so added), in accordance with the provisions 

of such chapter, instead of basic educational assistance 

under chapter 30 of title 38, United States Code, or educational assistance under chapter 107, 1606, or 1607 of 

title 10, United States Code, as applicable. 

(B) LIMITATION ON ENTITLEMENT FOR CERTAIN INDIVIDUALS.—In the case of an individual making an election 

under paragraph (1) who is described by subparagraph 

(A)(i) of that paragraph, the number of months of entitlement of the individual to educational assistance under 

chapter 33 of title 38, United States Code (as so added), 

shall be the number of months equal to— 

(i) the number of months of unused entitlement 

of the individual under chapter 30 of title 38, United 

States Code, as of the date of the election, plus 

(ii) the number of months, if any, of entitlement 

revoked by the individual under paragraph (3)(A). 

(5) CONTINUING ENTITLEMENT TO EDUCATIONAL ASSISTANCE

NOT AVAILABLE UNDER 9/11 ASSISTANCE PROGRAM.— 

(A) IN GENERAL.—In the event educational assistance 

to which an individual making an election under paragraph 

(1) would be entitled under chapter 30 of title 38, United 

States Code, or chapter 107, 1606, or 1607 of title 10, 

United States Code, as applicable, is not authorized to 

be available to the individual under the provisions of 

chapter 33 of title 38, United States Code (as so added), 

the individual shall remain entitled to such educational 

assistance in accordance with the provisions of the 

applicable chapter. 

(B) CHARGE FOR USE OF ENTITLEMENT.—The utilization 

by an individual of entitlement under subparagraph (A) 

shall be chargeable against the entitlement of the individual to educational assistance under chapter 33 of title 

38, United States Code (as so added), at the rate of one 

month of entitlement under such chapter 33 for each month 

of entitlement utilized by the individual under subparagraph (A) (as determined as if such entitlement were utilized under the provisions of chapter 30 of title 38, United 

States Code, or chapter 107, 1606, or 1607 of title 10, 

United States Code, as applicable). 

(6) ADDITIONAL POST-9/11 ASSISTANCE FOR MEMBERS

HAVING MADE CONTRIBUTIONS TOWARD GI BILL.— 

(A) ADDITIONAL ASSISTANCE.—In the case of an individual making an election under paragraph (1) who is 

described by clause (i), (iii), or (v) of subparagraph (A) 

of that paragraph, the amount of educational assistance 

payable to the individual under chapter 33 of title 38, 


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United States Code (as so added), as a monthly stipend 

payable under paragraph (1)(B) of section 3313(c) of such 

title, or under paragraphs (2) through (7) of that section 

(as applicable), shall be the amount otherwise payable as 

a monthly stipend under the applicable paragraph 

increased by the amount equal to— 

(i) the total amount of contributions toward basic 

educational assistance made by the individual under 

section 3011(b) or 3012(c) of title 38, United States 

Code, as of the date of the election, multiplied by 

(ii) the fraction— 

(I) the numerator of which is— 

(aa) the number of months of entitlement 

to basic educational assistance under chapter 

30 of title 38, United States Code, remaining 

to the individual at the time of the election; 

plus 

(bb) the number of months, if any, of 

entitlement under such chapter 30 revoked 

by the individual under paragraph (3)(A); and 

(II) the denominator of which is 36 months. 

(B) MONTHS OF REMAINING ENTITLEMENT FOR CERTAIN

INDIVIDUALS.—In the case of an individual covered by 

subparagraph (A) who is described by paragraph (1)(A)(v), 

the number of months of entitlement to basic educational 

assistance remaining to the individual for purposes of 

subparagraph (A)(ii)(I)(aa) shall be 36 months. 

(C) TIMING OF PAYMENT.—The amount payable with 

respect to an individual under subparagraph (A) shall be 

paid to the individual together with the last payment of 

the monthly stipend payable to the individual under paragraph (1)(B) of section 3313(c) of title 38, United States 

Code (as so added), or under paragraphs (2) through (7) 

of that section (as applicable), before the exhaustion of 

the individual’s entitlement to educational assistance under 

chapter 33 of such title (as so added). 

(7) CONTINUING ENTITLEMENT TO ADDITIONAL ASSISTANCE

FOR CRITICAL SKILLS OR SPECIALITY AND ADDITIONAL

SERVICE.—An individual making an election under paragraph 

(1)(A) who, at the time of the election, is entitled to increased 

educational assistance under section 3015(d) of title 38, United 

States Code, or section 16131(i) of title 10, United States Code, 

or supplemental educational assistance under subchapter III 

of chapter 30 of title 38, United States Code, shall remain 

entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement 

to educational assistance under chapter 33 of title 38, United 

States Code (as so added), in an amount equal to the quarter, 

semester, or term, as applicable, equivalent of the monthly 

amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election. 

(8) IRREVOCABILITY OF ELECTIONS.—An election under 

paragraph (1) or (3)(A) is irrevocable. 

(d) EFFECTIVE DATE.—This section and the amendments made 

by this section shall take effect on August 1, 2009. 

10 USC 16163 

note. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2379 

INCREASE IN AMOUNTS OF BASIC EDUCATIONAL ASSISTANCE UNDER

THE MONTGOMERY GI BILL

SEC. 5004. (a) EDUCATIONAL ASSISTANCE BASED ON THREEYEAR PERIOD OF OBLIGATED SERVICE.—Subsection (a)(1) of section 

3015 of title 38, United States Code, is amended— 

(1) by striking subparagraphs (A) through (C) and inserting 

the following new subparagraph: 

‘‘(A) for months occurring during the period beginning on 

August 1, 2008, and ending on the last day of fiscal year 

2009, $1,321; and’’; and 

(2) by redesignating subparagraph (D) as subparagraph 

(B). 

(b) EDUCATIONAL ASSISTANCE BASED ON TWO-YEAR PERIOD OF

OBLIGATED SERVICE.—Subsection (b)(1) of such section is 

amended— 

(1) by striking subparagraphs (A) through (C) and inserting 

the following new subparagraph: 

‘‘(A) for months occurring during the period beginning on 

August 1, 2008, and ending on the last day of fiscal year 

2009, $1,073; and’’; and 

(2) by redesignating subparagraph (D) as subparagraph 

(B). 

(c) MODIFICATION OF MECHANISM FOR COST-OF-LIVING ADJUSTMENTS.—Subsection (h)(1) of such section is amended by striking 

subparagraphs (A) and (B) and inserting the following new subparagraphs: 

‘‘(A) the average cost of undergraduate tuition in the 

United States, as determined by the National Center for 

Education Statistics, for the last academic year preceding 

the beginning of the fiscal year for which the increase 

is made, exceeds 

‘‘(B) the average cost of undergraduate tuition in the 

United States, as so determined, for the academic year 

preceding the academic year described in subparagraph 

(A).’’. 

(d) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by this section 

shall take effect on August 1, 2008. 

(2) NO COST-OF-LIVING ADJUSTMENT FOR FISCAL YEAR 2009.— 

The adjustment required by subsection (h) of section 3015 of 

title 38, United States Code (as amended by this section), 

in rates of basic educational assistance payable under subsections (a) and (b) of such section (as so amended) shall not 

be made for fiscal year 2009. 

MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSEMENT OF

STATE AND LOCAL AGENCIES ADMINISTERING VETERANS EDUCATION

BENEFITS

SEC. 5005. Section 3674(a)(4) of title 38, United States Code, 

is amended by striking ‘‘may not exceed’’ and all that follows 

through the end and inserting ‘‘shall be $19,000,000.’’. 

38 USC 3015 

note. 


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122 STAT. 2380 PUBLIC LAW 110–252—JUNE 30, 2008 

AUTHORITY TO TRANSFER UNUSED EDUCATION BENEFITS TO FAMILY

MEMBERS FOR CAREER SERVICE MEMBERS

SEC. 5006. (a) AUTHORITY TO TRANSFER MONTGOMERY GI BILL

BENEFITS TO A DEPENDENT.—Section 3020 of title 38, United States 

Code, is amended— 

(1) by striking the section heading and subsections (a) 

and (b) and inserting the following: 

‘‘§ 3020. Authority to transfer unused education benefits to 

family members for career service members 

‘‘(a) IN GENERAL.—Subject to the provisions of this section, 

the Secretary of Defense may authorize the Secretary concerned, 

to promote recruitment and retention of members of the Armed 

Forces, to permit an individual described in subsection (b) who 

is entitled to basic educational assistance under this subchapter 

to elect to transfer to one or more of the dependents specified 

in subsection (c) the unused portion of entitlement to such assistance, subject to the limitation under subsection (d). 

‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred to in subsection (a) is any member of the Armed Forces— 

‘‘(1) who, while serving on active duty or as a member 

of the Selected Reserve at the time of the approval by the 

Secretary concerned of the member’s request to transfer entitlement to basic educational assistance under this section, has 

completed six years of service in the Armed Forces and enters 

into an agreement to serve at least four more years as a 

member of the Armed Forces; or 

‘‘(2) as determined in regulations pursuant to subsection 

(k).’’; 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—(1) An individual 

approved to transfer an entitlement to basic educational assistance 

under this section may transfer any unused entitlement to one 

or more of the dependents specified in subsection (c). 

‘‘(2) The total number of months of entitlement transferred 

by an individual under this section may not exceed 36 months. 

The Secretary of Defense may prescribe regulations that would 

limit the months of entitlement that may be transferred under 

this section to no less than 18 months.’’; 

(3) in subsection (f)(1) by striking ‘‘without regard to 

whether’’ and inserting ‘‘only while’’; and 

(4) in subsection (f)(2) by inserting ‘‘as long as the individual is serving on active duty or as a member of the Selected 

Reserve’’ after ‘‘so transferred’’; 

(5) by adding at the end of subsection (f) the following: 

‘‘(3) Entitlement transferred under this section may not be 

treated as marital property, or the asset of a marital estate, subject 

to division in a divorce or other civil proceeding.’’; 

(6) in subsection (h)(5) by inserting ‘‘may use the benefit 

without regard to the 10-year delimiting date, but’’ after ‘‘under 

this section’’; and 

(7) by striking subsection (k) and inserting the following: 

‘‘(k) REGULATIONS.—The Secretary of Defense, in coordination 

with the Secretary of Veterans Affairs, shall prescribe regulations 

for purposes of this section. Such regulations shall specify— 


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‘‘(1) the manner of authorizing the military departments 

to offer transfer of entitlements under this section; 

‘‘(2) the eligibility criteria in accordance with subsection 

(b); 

‘‘(3) the limitations on the amount of entitlement eligible 

to be transferred; and 

‘‘(4) the manner and effect of an election to modify or 

revoke a transfer of entitlement under subsection (f)(2).’’. 

(b) AUTHORITY TO TRANSFER MONTGOMERY GI BILL FOR THE

SELECTED RESERVE BENEFITS TO A DEPENDENT.—Chapter 1606 of 

title 10, United States Code, is amended by inserting after section 

16132 the following: 

‘‘§ 16132a. Authority to transfer unused education benefits 

to family members 

‘‘(a) IN GENERAL.—Subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member 

described in subsection (b) who is entitled to basic educational 

assistance under this chapter to elect to transfer to one or more 

of the dependents specified in subsection (c) a portion of such 

member’s entitlement to such assistance, subject to the limitation 

under subsection (d). 

‘‘(b) ELIGIBLE MEMBERS.—A member referred to in subsection 

(a) is a member of the Selected Reserve of the Ready Reserve 

who, at the time of the approval of the member’s request to transfer 

entitlement to basic educational assistance under this section, has 

completed— 

‘‘(1) at least six years of service in the Selected Reserve 

and enters into an agreement to service at least four more 

years as a member of the armed forces; or 

‘‘(2) the years of service as determined in regulations pursuant to subsection (j). 

‘‘(c) ELIGIBLE DEPENDENTS.—A member approved to transfer 

an entitlement to basic educational assistance under this section 

may transfer the member’s entitlement as follows: 

‘‘(1) To the member’s spouse. 

‘‘(2) To one or more of the member’s children. 

‘‘(3) To a combination of the individuals referred to in 

paragraphs (1) and (2). 

‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number 

of months of entitlement transferred by a member under this section 

may not exceed 36 months. The Secretary of Defense may prescribe 

regulations that would limit the months of entitlement that may 

be transferred under this section to no less than 18 months. 

‘‘(e) DESIGNATION OF TRANSFEREE.—A member transferring an 

entitlement to basic educational assistance under this section 

shall— 

‘‘(1) designate the dependent or dependents to whom such 

entitlement is being transferred; 

‘‘(2) designate the number of months of such entitlement 

to be transferred to each such dependent; and 

‘‘(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). 

‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODIFICATION.— 

(1) Subject to the time limitation for use of entitlement under 

section 16133, a member approved to transfer entitlement to basic 

Regulations. 


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122 STAT. 2382 PUBLIC LAW 110–252—JUNE 30, 2008 

educational assistance under this section may transfer such entitlement at any time after the approval of the member’s request to 

transfer such entitlement. 

‘‘(2) A member transferring entitlement under this section may 

modify or revoke at any time the transfer of any unused portion 

of the entitlement so transferred. The modification or revocation 

of the transfer of entitlement under this paragraph shall be made 

by the submittal of written notice of the action to both the Secretary 

concerned and the Secretary of Veterans Affairs. 

‘‘(3) Entitlement transferred under this section may not be 

treated as marital property, or the asset of a marital estate, subject 

to division in a divorce or other civil proceeding. 

‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement 

until— 

‘‘(1) in the case of entitlement transferred to a spouse, 

the completion by the member making the transfer of at least— 

‘‘(A) six years of service in the armed forces; or 

‘‘(B) the years of service as determined in regulations 

pursuant to subsection (j); or 

‘‘(2) in the case of entitlement transferred to a child, both— 

‘‘(A) the completion by the member making the transfer 

of at least— 

‘‘(i) ten years of service in the armed forces; or 

‘‘(ii) the years of service as determined in regulations pursuant to subsection (j); and 

‘‘(B) either— 

‘‘(i) the completion by the child of the requirements 

of a secondary school diploma (or equivalency certificate); or 

‘‘(ii) the attainment by the child of 18 years of 

age. 

‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) The use of any 

entitlement to basic educational assistance transferred under this 

section shall be charged against the entitlement of the member 

making the transfer at the rate of one month for each month 

of transferred entitlement that is used. 

‘‘(2) Except as provided under subsection (e)(2) and subject 

to paragraphs (5) and (6), a dependent to whom entitlement is 

transferred under this section is entitled to basic educational assistance under this chapter in the same manner as the member from 

whom the entitlement was transferred. 

‘‘(3) The monthly rate of educational assistance payable to 

a dependent to whom entitlement is transferred under this section 

shall be the monthly amount payable under sections 16131 and 

16131a to the member making the transfer. 

‘‘(4) The death of a member transferring an entitlement under 

this section shall not affect the use of the entitlement by the 

dependent to whom the entitlement is transferred. 

‘‘(5) The involuntary separation or retirement of the member— 

‘‘(A) because of a nondiscretionary provision of law for 

age or years of service; 

‘‘(B) because of a policy prescribed by the Secretary concerned mandating such separation or retirement based solely 

on age or years of service for the prescribed pay grade of 

an enlisted member; 

Notice. 


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‘‘(C) under section 16133(b); or 

‘‘(D) because of medical disqualification which is not the 

result of gross negligence or misconduct of the member, 

shall not affect the use of entitlement by the dependent to whom 

the entitlement is transferred. 

‘‘(6) A child to whom entitlement is transferred under this 

section may not use any entitlement so transferred after attaining 

the age of 26 years. 

‘‘(7) The administrative provisions of this chapter shall apply 

to the use of entitlement transferred under this section, except 

that the dependent to whom the entitlement is transferred shall 

be treated as the eligible member for purposes of such provisions. 

‘‘(8) The purposes for which a dependent to whom entitlement 

is transferred under this section may use such entitlement shall 

include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). 

‘‘(i) OVERPAYMENT.—(1) In the event of an overpayment of basic 

educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the 

member making the transfer shall be jointly and severally liable 

to the United States for the amount of the overpayment for purposes 

of section 3685 of title 38. 

‘‘(2) Except as provided in paragraph (3), if a member’s whose 

eligibility is terminated under section 16134(2), the amount of any 

transferred entitlement under this section that is used by a 

dependent of the member as of the date of such termination shall 

be treated as an overpayment of basic educational assistance under 

paragraph (1). 

‘‘(3) Paragraph (2) shall not apply in the case of a member 

who fails to complete service agreed to by the member— 

‘‘(A) by reason of the death of the member; or 

‘‘(B) for a reason referred to in section 16133(b). 

‘‘(j) REGULATIONS.—The Secretary of Defense, in consultation 

with the Secretary of Veterans Affairs, shall prescribe regulations 

for purposes of this section. Such regulations shall specify— 

‘‘(1) the manner of authorizing the military departments 

to offer transfer of entitlements under this section; 

‘‘(2) the eligibility criteria in accordance with subsection 

(b); 

‘‘(3) the manner and effect of an election to modify or 

revoke a transfer of entitlement under subsection (f)(2); and 

‘‘(4) the manner in which the provisions referred to in 

subsections (h)(4) and (5) shall be administered with respect 

to a dependent to whom entitlement is transferred under this 

section.’’. 

(c) AUTHORITY TO TRANSFER RESERVE EDUCATIONAL ASSISTANCE

PROGRAM BENEFITS TO A DEPENDENT.—Chapter 1607 of such title 

is amended by inserting after section 16163 the following: 

‘‘§ 16163a. Authority to transfer unused education benefits 

to family members 

‘‘(a) IN GENERAL.—Subject to the provisions of this section, 

the Secretary concerned may permit, at such Secretary’s sole discretion, a member described in subsection (b) who is entitled to basic 

educational assistance under this chapter to elect to transfer to 

one or more of the dependents specified in subsection (c) a portion 

Applicability. 


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122 STAT. 2384 PUBLIC LAW 110–252—JUNE 30, 2008 

of such member’s entitlement to such assistance, subject to the 

limitation under subsection (d). 

‘‘(b) ELIGIBLE MEMBERS.—A member referred to in subsection 

(a) is a member of the armed forces who, at the time of the 

approval of the member’s request to transfer entitlement to basic 

educational assistance under this section, has completed at least— 

‘‘(1) six years of service in the armed forces and enters 

into an agreement to serve at least four more years as a 

member of the armed forces; or 

‘‘(2) the years of service as determined in regulations pursuant to section (j). 

‘‘(c) ELIGIBLE DEPENDENTS.—A member approved to transfer 

an entitlement to basic educational assistance under this section 

may transfer the member’s entitlement as follows: 

‘‘(1) To the member’s spouse. 

‘‘(2) To one or more of the member’s children. 

‘‘(3) To a combination of the individuals referred to in 

paragraphs (1) and (2). 

‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number 

of months of entitlement transferred by a member under this section 

may not exceed 36 months. The Secretary of Defense may prescribe 

regulations that would limit the months of entitlement that may 

be transferred under this section to no less than 18 months. 

‘‘(e) DESIGNATION OF TRANSFEREE.—A member transferring an 

entitlement to basic educational assistance under this section 

shall— 

‘‘(1) designate the dependent or dependents to whom such 

entitlement is being transferred; 

‘‘(2) designate the number of months of such entitlement 

to be transferred to each such dependent; and 

‘‘(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). 

‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODIFICATION.— 

(1) Subject to the time limitation for use of entitlement under 

section 16164, a member approved to transfer entitlement to basic 

educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when 

the transfer is executed. 

‘‘(2) A member transferring entitlement under this section may 

modify or revoke at any time the transfer of any unused portion 

of the entitlement so transferred. The modification or revocation 

of the transfer of entitlement under this paragraph shall be made 

by the submittal of written notice of the action to both the Secretary 

concerned and the Secretary of Veterans Affairs. 

‘‘(3) Entitlement transferred under this section may not be 

treated as marital property, or the asset of a marital estate, subject 

to division in a divorce or other civil proceeding. 

‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement 

until— 

‘‘(1) in the case of entitlement transferred to a spouse, 

the completion by the member making the transfer of at least— 

‘‘(A) six years of service in the armed forces; or 

‘‘(B) the years of service as determined in regulations 

pursuant to subsection (j); or 

‘‘(2) in the case of entitlement transferred to a child, both— 

Notice. 


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‘‘(A) the completion by the member making the transfer 

of at least— 

‘‘(i) ten years of service in the armed forces; or 

‘‘(ii) the years of service as determined in regulations pursuant to subsection (j); and 

‘‘(B) either— 

‘‘(i) the completion by the child of the requirements 

of a secondary school diploma (or equivalency certificate); or 

‘‘(ii) the attainment by the child of 18 years of 

age. 

‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) The use of any 

entitlement to basic educational assistance transferred under this 

section shall be charged against the entitlement of the member 

making the transfer at the rate of one month for each month 

of transferred entitlement that is used. 

‘‘(2) Except as provided under subsection (e)(2) and subject 

to paragraphs (5) and (6), a dependent to whom entitlement is 

transferred under this section is entitled to basic educational assistance under this chapter in the same manner as the member from 

whom the entitlement was transferred. 

‘‘(3) The monthly rate of educational assistance payable to 

a dependent to whom entitlement is transferred under this section 

shall be the monthly amount payable under sections 16162 and 

16162a to the member making the transfer. 

‘‘(4) The death of a member transferring an entitlement under 

this section shall not affect the use of the entitlement by the 

dependent to whom the entitlement is transferred. 

‘‘(5) Notwithstanding section 16164(a)(2), a child to whom 

entitlement is transferred under this section may use the benefit 

without regard to the 10-year delimiting date, but may not use 

any entitlement so transferred after attaining the age of 26 years. 

‘‘(6) The administrative provisions of this chapter shall apply 

to the use of entitlement transferred under this section, except 

that the dependent to whom the entitlement is transferred shall 

be treated as the eligible member for purposes of such provisions. 

‘‘(7) The purposes for which a dependent to whom entitlement 

is transferred under this section may use such entitlement shall 

include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). 

‘‘(i) OVERPAYMENT.— 

‘‘(1) JOINT AND SEVERAL LIABILITY.—In the event of an 

overpayment of basic educational assistance with respect to 

a dependent to whom entitlement is transferred under this 

section, the dependent and the member making the transfer 

shall be jointly and severally liable to the United States for 

the amount of the overpayment for purposes of section 3685 

of title 38. 

‘‘(2) FAILURE TO COMPLETE SERVICE AGREEMENT.—Except 

as provided in paragraph (3), if an individual transferring 

entitlement under this section fails to complete the service 

agreed to by the individual under subsection (b)(1) in accordance with the terms of the agreement of the individual under 

that subsection, the amount of any transferred entitlement 

under this section that is used by a dependent of the individual 

as of the date of such failure shall be treated as an overpayment 

of educational assistance under paragraph (1). 

Applicability. 


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‘‘(3) Paragraph (2) shall not apply in the case of an individual who fails to complete service agreed to by the individual— 

‘‘(A) by reason of the death of the individual; or 

‘‘(B) for a reason referred to in section 16133(b). 

‘‘(j) REGULATIONS.—(1) The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall prescribe regulations for purposes of this section. 

‘‘(2) Such regulations shall specify— 

‘‘(A) the manner of authorizing the transfer of entitlements 

under this section; 

‘‘(B) the eligibility criteria in accordance with subsection 

(b); and 

‘‘(C) the manner and effect of an election to modify or 

revoke a transfer of entitlement under subsection (f)(2). 

‘‘(k) SECRETARY CONCERNED DEFINED.—For purposes of this 

section, the term ‘Secretary concerned’ has the meaning given in 

section 101(a)(9) in the case of a member of the armed forces.’’. 

(d) CONFORMING AMENDMENTS.—Section 16133(a) of title 10, 

United States Code, is amended by striking ‘‘(1)’’ and all that 

follows through the period at the end of the subsection and inserting 

‘‘on the date the person is separated from the Selected Reserve.’’. 

(e) CLERICAL AMENDMENTS.—(1) The table of sections at the 

beginning of chapter 30 of title 38, United States Code, is amended 

by striking the item relating to section 3020 and inserting the 

following new item: 

‘‘3020. Authority to transfer unused education benefits to family members of career 

service members.’’. 

(2) The table of sections at the beginning of chapter 1606 

of title 10, United States Code, is amended by inserting after 

the item relating to section 16132 the following new item: 

‘‘16132a. Authority to transfer unused education benefits to family members.’’. 

(3) The table of sections at the beginning of chapter 1607 

of such title is amended by inserting after the item relating to 

section 16163 the following new item: 

‘‘16163a. Authority to transfer unused education benefits to family members.’’. 

TITLE VI—ACCOUNTABILITY AND TRANSPARENCY IN 

GOVERNMENT CONTRACTING 

CHAPTER 1—CLOSE THE CONTRACTOR FRAUD LOOPHOLE 

SHORT TITLE

SEC. 6101. This chapter may be cited as the ‘‘Close the Contractor Fraud Loophole Act’’. 

REVISION OF THE FEDERAL ACQUISITION REGULATION

SEC. 6102. The Federal Acquisition Regulation shall be 

amended within 180 days after the date of the enactment of this 

Act pursuant to FAR Case 2007–006 (as published at 72 Fed Reg. 

64019, November 14, 2007) or any follow-on FAR case to include 

provisions that require timely notification by Federal contractors 

of violations of Federal criminal law or overpayments in connection 

with the award or performance of covered contracts or subcontracts, 

including those performed outside the United States and those 

for commercial items. 

Deadline. 

41 USC 251 note. 

41 USC 251 note. 

Close the 

Contractor Fraud 

Loophole Act. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2387 

DEFINITION

SEC. 6103. In this chapter, the term ‘‘covered contract’’ means any contract in an amount greater than $5,000,000 and more than 

120 days in duration. 

CHAPTER 2—GOVERNMENT FUNDING TRANSPARENCY 

SHORT TITLE

SEC. 6201. This chapter may be cited as the ‘‘Government 

Funding Transparency Act of 2008’’. 

FINANCIAL DISCLOSURE REQUIREMENTS FOR CERTAIN RECIPIENTS OF

FEDERAL AWARDS

SEC. 6202. (a) DISCLOSURE REQUIREMENTS.—Section 2(b)(1) of 

the Federal Funding Accountability and Transparency Act (Public 

Law 109–282; 31 U.S.C. 6101 note) is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (E); 

(2) by redesignating subparagraph (F) as subparagraph 

(G); and 

(3) by inserting after subparagraph (E) the following new 

subparagraph: 

‘‘(F) the names and total compensation of the five most 

highly compensated officers of the entity if— 

‘‘(i) the entity in the preceding fiscal year 

received— 

‘‘(I) 80 percent or more of its annual gross 

revenues in Federal awards; and 

‘‘(II) $25,000,000 or more in annual gross revenues from Federal awards; and 

‘‘(ii) the public does not have access to information 

about the compensation of the senior executives of 

the entity through periodic reports filed under section 

13(a) or 15(d) of the Securities Exchange Act of 1934 

(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the 

Internal Revenue Code of 1986.’’. 

(b) REGULATIONS REQUIRED.—The Director of the Office of 

Management and Budget shall promulgate regulations to implement 

the amendment made by this chapter. Such regulations shall 

include a definition of ‘‘total compensation’’ that is consistent with 

regulations of the Securities and Exchange Commission at section 

402 of part 229 of title 17 of the Code of Federal Regulations 

(or any subsequent regulation). 

TITLE VII—MEDICAID PROVISIONS 

SEC. 7001. (a) MORATORIA ON CERTAIN MEDICAID REGULATIONS.— 

(1) EXTENSION OF CERTAIN MORATORIA IN PUBLIC LAW 110– 28.—Section 7002(a)(1) of the U.S. Troop Readiness, Veterans’ 

Care, Katrina Recovery, and Iraq Accountability Appropriations 

Act, 2007 (Public Law 110–28) is amended— 

(A) by striking ‘‘prior to the date that is 1 year after 

the date of enactment of this Act’’ and inserting ‘‘prior 

to April 1, 2009’’; 

121 Stat. 187. 

31 USC 6101 

note. 

31 USC 6101 

note. 

Government 

Funding 

Transparency Act 

of 2008. 

41 USC 251 note. 


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(B) in subparagraph (A), by inserting after ‘‘Federal 

Regulations)’’ the following: ‘‘or in the final regulation, 

relating to such parts, published on May 29, 2007 (72 

Federal Register 29748) and determined by the United 

States District Court for the District of Columbia to have 

been ‘improperly promulgated’, Alameda County Medical 

Center, et al., v. Leavitt, et al., Civil Action No. 08-0422, 

Mem. at 4 (D.D.C. May 23, 2008)’’; and 

(C) in subparagraph (C), by inserting before the period 

at the end the following: ‘‘, including the proposed regulation published on May 23, 2007 (72 Federal Register 

28930)’’. 

(2) EXTENSION OF CERTAIN MORATORIA IN PUBLIC LAW 110– 173.—Section 206 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110–173) is amended— 

(A) by striking ‘‘June 30, 2008’’ and inserting ‘‘April 

1, 2009’’; 

(B) by inserting ‘‘, including the proposed regulation 

published on August 13, 2007 (72 Federal Register 45201),’’ 

after ‘‘rehabilitation services’’; and 

(C) by inserting ‘‘, including the final regulation published on December 28, 2007 (72 Federal Register 73635),’’ 

after ‘‘school-based transportation’’. 

(3) ADDITIONAL MORATORIA.— 

(A) IN GENERAL.—Notwithstanding any other provision 

of law, the Secretary of Health and Human Services shall 

not, prior to April 1, 2009, take any action (through 

promulgation of regulation, issuance of regulatory guidance, use of Federal payment audit procedures, or other 

administrative action, policy, or practice, including a Medical Assistance Manual transmittal or letter to State Medicaid directors) to impose any restrictions relating to a 

provision described in subparagraph (B) or (C) if such 

restrictions are more restrictive in any aspect than those 

applied to the respective provision as of the date specified 

in subparagraph (D) for such provision. 

(B) PORTION OF INTERIM FINAL REGULATION RELATING

TO MEDICAID TREATMENT OF OPTIONAL CASE MANAGEMENT

SERVICES.— 

(i) IN GENERAL.—Subject to clause (ii), the provision described in this subparagraph is the interim 

final regulation relating to optional State plan case 

management services under the Medicaid program 

published on December 4, 2007 (72 Federal Register 

68077) in its entirety. 

(ii) EXCEPTION.—The provision described in this 

subparagraph does not include the portion of such 

regulation as relates directly to implementing section 

1915(g)(2)(A)(ii) of the Social Security Act, as amended 

by section 6052 of the Deficit Reduction Act of 2005 

(Public Law 109–171), through the definition of case 

management services and targeted case management 

services contained in proposed section 440.169 of title 

42, Code of Federal Regulations, but only to the extent 

that such portion is not more restrictive than the policies set forth in the Dear State Medicaid Director 

letter on case management issued on January 19, 2001 

121 Stat. 2514. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2389 

(SMDL #01–013), and with respect to community 

transition case management, the Dear State Medicaid 

Director letter issued on July 25, 2000 (Olmstead 

Update 3). 

(C) PORTION OF PROPOSED REGULATION RELATING TO

MEDICAID ALLOWABLE PROVIDER TAXES.— (i) IN GENERAL.—Subject to clause (ii), the provision described in this subparagraph is the final regulation relating to health-care-related taxes under the 

Medicaid program published on February 22, 2008 (73 

Federal Register 9685) in its entirety. 

(ii) EXCEPTION.—The provision described in this 

subparagraph does not include the portions of such 

regulation as relate to the following: 

(I) REDUCTION IN THRESHOLD.—The reduction 

from 6 percent to 5.5 percent in the threshold 

applied under section 433.68(f)(3)(i) of title 42, 

Code of Federal Regulations, for determining 

whether or not there is an indirect guarantee to 

hold a taxpayer harmless, as required to carry 

out section 1903(w)(4)(C)(ii) of the Social Security 

Act, as added by section 403 of the Medicare 

Improvement and Extension Act of 2006 (division 

B of Public Law 109–432). 

(II) CHANGE IN DEFINITION OF MANAGED

CARE.—The change in the definition of managed 

care as proposed in the revision of section 

433.56(a)(8) of title 42, Code of Federal Regulations, as required to carry out section 

1903(w)(7)(A)(viii) of the Social Security Act, as 

amended by section 6051 of the Deficit Reduction 

Act of 2005 (Public Law 109–171). 

(D) DATE SPECIFIED.—The date specified in this 

subparagraph for the provision described in— 

(i) subparagraph (B) is December 3, 2007; or 

(ii) subparagraph (C) is February 21, 2008. 

(b) FUNDS TO REDUCE MEDICAID FRAUD AND ABUSE.— 

(1) IN GENERAL.—For purposes of reducing fraud and abuse 

in the Medicaid program under title XIX of the Social Security 

Act— 

(A) there is appropriated to the Office of the Inspector 

General of the Department of Health and Human Services, 

out of any money in the Treasury not otherwise appropriated, $25,000,000, for fiscal year 2009; and 

(B) there is authorized to be appropriated to such 

Office $25,000,000 for fiscal year 2010 and each subsequent 

fiscal year. 

Amounts appropriated under this section shall remain available 

for expenditure until expended and shall be in addition to 

any other amounts appropriated or made available to such 

Office for such purposes with respect to the Medicaid program. 

(2) ANNUAL REPORT.—Not later than September 30 of 2009 

and of each subsequent year, the Inspector General of the 

Department of Health and Human Services shall submit to 

the Committees on Energy and Commerce and Appropriations 

of the House of Representatives and the Committees on Finance 

and Appropriations of the Senate a report on the activities 

42 USC 

1320a–7g. 


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122 STAT. 2390 PUBLIC LAW 110–252—JUNE 30, 2008 

(and the results of such activities) funded under paragraph 

(1) to reduce waste, fraud, and abuse in the Medicaid program 

under title XIX of the Social Security Act during the previous 

12 month period, including the amount of funds appropriated 

under such paragraph for each such activity and an estimate 

of the savings to the Medicaid program resulting from each 

such activity. 

(c) STUDY AND REPORTS TO CONGRESS.— (1) SECRETARIAL REPORT IDENTIFYING PROBLEMS.—Not later 

than January 1, 2009, the Secretary of Health and Human 

Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee 

on Finance of the Senate a report that— 

(A) outlines the specific problems the Medicaid regulations referred to in the amendments made by paragraphs 

(1) and (2) of subsection (a) were intended to address; 

(B) details how these regulations were designed to 

address these specific problems; and 

(C) cites the legal authority for such regulations. 

(2) INDEPENDENT COMPREHENSIVE STUDY AND REPORT.— 

(A) IN GENERAL.—Not later than January 1, 2009, the 

Secretary of Health and Human Services shall enter into 

a contract with an independent organization for the purpose 

of— 

(i) producing a comprehensive report on the prevalence of the problems outlined in the report submitted 

under paragraph (1); 

(ii) identifying strategies in existence to address 

these problems; and 

(iii) assessing the impact of each regulation 

referred to in such paragraph on each State and the 

District of Columbia. 

(B) ADDITIONAL MATTER.—The report under subparagraph (A) shall also include— 

(i) an identification of which claims for items and 

services (including administrative activities) under title 

XIX of the Social Security Act are not processed 

through systems described in section 1903(r) of such 

Act; 

(ii) an examination of the reasons why these claims 

for such items and services are not processed through 

such systems; and 

(iii) recommendations on actions by the Federal 

government and the States that can make claims for 

such items and services more accurate and complete 

consistent with such title. 

(C) DEADLINE.—The report under subparagraph (A) 

shall be submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee 

on Finance of the Senate not later than September 1, 

2009. 

(D) COOPERATION OF STATES.—If the Secretary of 

Health and Human Services determines that a State or 

the District of Columbia has not cooperated with the independent organization for purposes of the report under this 

paragraph, the Secretary shall reduce the amount paid 

to the State or District under section 1903(a) of the Social 

Contracts. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2391 

Security Act (42 U.S.C. 1396b(a)) by $25,000 for each day 

on which the Secretary determines such State or District 

has not so cooperated. Such reduction shall be made 

through a process that permits the State or District to 

challenge the Secretary’s determination. 

(3) FUNDING.— 

(A) IN GENERAL.—Out of any money in the Treasury 

of the United States not otherwise appropriated, there 

are appropriated to the Secretary without further appropriation, $5,000,000 to carry out this subsection. 

(B) AVAILABILITY; AMOUNTS IN ADDITION TO OTHER

AMOUNTS APPROPRIATED FOR SUCH ACTIVITIES.—Amounts 

appropriated pursuant to subparagraph (A) shall— 

(i) remain available until expended; and 

(ii) be in addition to any other amounts appropriated or made available to the Secretary of Health 

and Human Services with respect to the Medicaid program. 

(d) ASSET VERIFICATION THROUGH ACCESS TO INFORMATION

HELD BY FINANCIAL INSTITUTIONS.— 

(1) ADDITION OF AUTHORITY.—Title XIX of the Social Security Act is amended by inserting after section 1939 the following 

new section: 

‘‘ASSET VERIFICATION THROUGH ACCESS TO INFORMATION HELD BY

FINANCIAL INSTITUTIONS

‘‘SEC. 1940. (a) IMPLEMENTATION.— 

‘‘(1) IN GENERAL.—Subject to the provisions of this section, 

each State shall implement an asset verification program 

described in subsection (b), for purposes of determining or 

redetermining the eligibility of an individual for medical assistance under the State plan under this title. 

‘‘(2) PLAN SUBMITTAL.—In order to meet the requirement 

of paragraph (1), each State shall— 

‘‘(A) submit not later than a deadline specified by the 

Secretary consistent with paragraph (3), a State plan 

amendment under this title that describes how the State 

intends to implement the asset verification program; and 

‘‘(B) provide for implementation of such program for 

eligibility determinations and redeterminations made on 

or after 6 months after the deadline established for submittal of such plan amendment. 

‘‘(3) PHASE-IN.— 

‘‘(A) IN GENERAL.— 

‘‘(i) IMPLEMENTATION IN CURRENT ASSET

VERIFICATION DEMO STATES.—The Secretary shall 

require those States specified in subparagraph (C) (to 

which an asset verification program has been applied 

before the date of the enactment of this section) to 

implement an asset verification program under this 

subsection by the end of fiscal year 2009. 

‘‘(ii) IMPLEMENTATION IN OTHER STATES.—The Secretary shall require other States to submit and implement an asset verification program under this subsection in such manner as is designed to result in 

the application of such programs, in the aggregate 

Deadlines. 

42 USC 1396w. 


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122 STAT. 2392 PUBLIC LAW 110–252—JUNE 30, 2008 

for all such other States, to enrollment of approximately, but not less than, the following percentage 

of enrollees, in the aggregate for all such other States, 

by the end of the fiscal year involved: 

‘‘(I) 12.5 percent by the end of fiscal year 2009. 

‘‘(II) 25 percent by the end of fiscal year 2010. 

‘‘(III) 50 percent by the end of fiscal year 2011. 

‘‘(IV) 75 percent by the end of fiscal year 2012. 

‘‘(V) 100 percent by the end of fiscal year 2013. 

‘‘(B) CONSIDERATION.—In selecting States under 

subparagraph (A)(ii), the Secretary shall consult with the 

States involved and take into account the feasibility of 

implementing asset verification programs in each such 

State. 

‘‘(C) STATES SPECIFIED.—The States specified in this 

subparagraph are California, New York, and New Jersey. 

‘‘(D) CONSTRUCTION.—Nothing in subparagraph (A)(ii) 

shall be construed as preventing a State from requesting, 

and the Secretary from approving, the implementation of 

an asset verification program in advance of the deadline 

otherwise established under such subparagraph. 

‘‘(4) EXEMPTION OF TERRITORIES.—This section shall only 

apply to the 50 States and the District of Columbia. 

‘‘(b) ASSET VERIFICATION PROGRAM.— 

‘‘(1) IN GENERAL.—For purposes of this section, an asset 

verification program means a program described in paragraph 

(2) under which a State— 

‘‘(A) requires each applicant for, or recipient of, medical 

assistance under the State plan under this title on the 

basis of being aged, blind, or disabled to provide authorization by such applicant or recipient (and any other person 

whose resources are required by law to be disclosed to 

determine the eligibility of the applicant or recipient for 

such assistance) for the State to obtain (subject to the 

cost reimbursement requirements of section 1115(a) of the 

Right to Financial Privacy Act but at no cost to the 

applicant or recipient) from any financial institution 

(within the meaning of section 1101(1) of such Act) any 

financial record (within the meaning of section 1101(2) 

of such Act) held by the institution with respect to the 

applicant or recipient (and such other person, as 

applicable), whenever the State determines the record is 

needed in connection with a determination with respect 

to such eligibility for (or the amount or extent of) such 

medical assistance; and 

‘‘(B) uses the authorization provided under subparagraph (A) to verify the financial resources of such applicant 

or recipient (and such other person, as applicable), in order 

to determine or redetermine the eligibility of such applicant 

or recipient for medical assistance under the State plan. 

‘‘(2) PROGRAM DESCRIBED.—A program described in this 

paragraph is a program for verifying individual assets in a 

manner consistent with the approach used by the Commissioner 

of Social Security under section 1631(e)(1)(B)(ii). 

‘‘(c) DURATION OF AUTHORIZATION.—Notwithstanding section 

1104(a)(1) of the Right to Financial Privacy Act, an authorization 

Consultation. 


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provided to a State under subsection (b)(1) shall remain effective 

until the earliest of— 

‘‘(1) the rendering of a final adverse decision on the 

applicant’s application for medical assistance under the State’s 

plan under this title; 

‘‘(2) the cessation of the recipient’s eligibility for such medical assistance; or 

‘‘(3) the express revocation by the applicant or recipient 

(or such other person described in subsection (b)(1), as 

applicable) of the authorization, in a written notification to 

the State. 

‘‘(d) TREATMENT OF RIGHT TO FINANCIAL PRIVACY ACT REQUIREMENTS.— 

‘‘(1) An authorization obtained by the State under subsection (b)(1) shall be considered to meet the requirements 

of the Right to Financial Privacy Act for purposes of section 

1103(a) of such Act, and need not be furnished to the financial 

institution, notwithstanding section 1104(a) of such Act. 

‘‘(2) The certification requirements of section 1103(b) of 

the Right to Financial Privacy Act shall not apply to requests 

by the State pursuant to an authorization provided under subsection (b)(1). 

‘‘(3) A request by the State pursuant to an authorization 

provided under subsection (b)(1) is deemed to meet the requirements of section 1104(a)(3) of the Right to Financial Privacy 

Act and of section 1102 of such Act, relating to a reasonable 

description of financial records. 

‘‘(e) REQUIRED DISCLOSURE.—The State shall inform any person 

who provides authorization pursuant to subsection (b)(1)(A) of the 

duration and scope of the authorization. 

‘‘(f) REFUSAL OR REVOCATION OF AUTHORIZATION.—If an 

applicant for, or recipient of, medical assistance under the State 

plan under this title (or such other person described in subsection 

(b)(1), as applicable) refuses to provide, or revokes, any authorization made by the applicant or recipient (or such other person, 

as applicable) under subsection (b)(1)(A) for the State to obtain 

from any financial institution any financial record, the State may, 

on that basis, determine that the applicant or recipient is ineligible 

for medical assistance. 

‘‘(g) USE OF CONTRACTOR.—For purposes of implementing an 

asset verification program under this section, a State may select 

and enter into a contract with a public or private entity meeting 

such criteria and qualifications as the State determines appropriate, 

consistent with requirements in regulations relating to general 

contracting provisions and with section 1903(i)(2). In carrying out 

activities under such contract, such an entity shall be subject to 

the same requirements and limitations on use and disclosure of 

information as would apply if the State were to carry out such 

activities directly. 

‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall provide 

States with technical assistance to aid in implementation of an 

asset verification program under this section. 

‘‘(i) REPORTS.—A State implementing an asset verification program under this section shall furnish to the Secretary such reports 

concerning the program, at such times, in such format, and containing such information as the Secretary determines appropriate. 

Notification. 


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122 STAT. 2394 PUBLIC LAW 110–252—JUNE 30, 2008 

‘‘(j) TREATMENT OF PROGRAM EXPENSES.—Notwithstanding any 

other provision of law, reasonable expenses of States in carrying 

out the program under this section shall be treated, for purposes 

of section 1903(a), in the same manner as State expenditures specified in paragraph (7) of such section.’’. 

(2) STATE PLAN REQUIREMENTS.—Section 1902(a) of such 

Act (42 U.S.C. 1396a(a)) is amended— 

(A) in paragraph (69) by striking ‘‘and’’ at the end; 

(B) in paragraph (70) by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by inserting after paragraph (70), as so amended, 

the following new paragraph: 

‘‘(71) provide that the State will implement an asset 

verification program as required under section 1940.’’. 

(3) WITHHOLDING OF FEDERAL MATCHING PAYMENTS FOR

NONCOMPLIANT STATES.—Section 1903(i) of such Act (42 U.S.C. 

1396b(i)) is amended— 

(A) in paragraph (22) by striking ‘‘or’’ at the end; 

(B) in paragraph (23) by striking the period at the 

end and inserting ‘‘; or’’; and 

(C) by adding after paragraph (23) the following new 

paragraph: 

‘‘(24) if a State is required to implement an asset 

verification program under section 1940 and fails to implement 

such program in accordance with such section, with respect 

to amounts expended by such State for medical assistance 

for individuals subject to asset verification under such section, 

unless— 

‘‘(A) the State demonstrates to the Secretary’s satisfaction that the State made a good faith effort to comply; 

‘‘(B) not later than 60 days after the date of a finding 

that the State is in noncompliance, the State submits to 

the Secretary (and the Secretary approves) a corrective 

action plan to remedy such noncompliance; and 

‘‘(C) not later than 12 months after the date of such 

submission (and approval), the State fulfills the terms of 

such corrective action plan.’’. 

(4) REPEAL.—Section 4 of Public Law 110–90 is repealed. 

SEC. 7002. (a) MEDICARE IMPROVEMENT FUND.— Title XVIII 

of the Social Security Act (42 U.S.C. 1395 et seq.) is amended 

by adding at the end the following new section: 

‘‘MEDICARE IMPROVEMENT FUND

‘‘SEC. 1898. (a) ESTABLISHMENT.—The Secretary shall establish 

under this title a Medicare Improvement Fund (in this section 

referred to as the ‘Fund’) which shall be available to the Secretary 

to make improvements under the original fee-for-service program 

under parts A and B for individuals entitled to, or enrolled for, 

benefits under part A or enrolled under part B. 

‘‘(b) FUNDING.— ‘‘(1) IN GENERAL.—There shall be available to the Fund, 

for expenditures from the Fund for services furnished during 

fiscal year 2014, $2,220,000,000. 

‘‘(2) PAYMENT FROM TRUST FUNDS.—The amount specified 

under paragraph (1) shall be available to the Fund, as expenditures are made from the Fund, from the Federal Hospital 

Insurance Trust Fund and the Federal Supplementary Medical 

42 USC 1395iii. 

42 USC 1396a 

note. 

Action plan. 

Deadlines. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2395 

Insurance Trust Fund in such proportion as the Secretary 

determines appropriate. 

‘‘(3) FUNDING LIMITATION.—Amounts in the Fund shall be 

available in advance of appropriations but only if the total 

amount obligated from the Fund does not exceed the amount 

available to the Fund under paragraph (1). The Secretary may 

obligate funds from the Fund only if the Secretary determines 

(and the Chief Actuary of the Centers for Medicare & Medicaid 

Services and the appropriate budget officer certify) that there 

are available in the Fund sufficient amounts to cover all such 

obligations incurred consistent with the previous sentence.’’. 

(b) MEDICAID IMPROVEMENT FUND.— Title XIX of the Social 

Security Act (42 U.S.C. 1396 et seq.), as amended by section 7001(d), 

is further amended by adding at the end the following new section: 

‘‘MEDICAID IMPROVEMENT FUND

‘‘SEC. 1941. (a) ESTABLISHMENT.—The Secretary shall establish 

under this title a Medicaid Improvement Fund (in this section 

referred to as the ‘Fund’) which shall be available to the Secretary 

to improve the management of the Medicaid program by the Centers 

for Medicare & Medicaid Services, including oversight of contracts 

and contractors and evaluation of demonstration projects. Payments 

made for activities under this subsection shall be in addition to 

payments that would otherwise be made for such activities. 

‘‘(b) FUNDING.— ‘‘(1) IN GENERAL.—There shall be available to the Fund, 

for expenditures from the Fund— 

‘‘(A) for fiscal year 2014, $100,000,000; and 

‘‘(B) for fiscal years 2015 through 2018, $150,000,000. 

‘‘(2) FUNDING LIMITATION.—Amounts in the Fund shall be 

available in advance of appropriations but only if the total 

amount obligated from the Fund does not exceed the amount 

available to the Fund under paragraph (1). The Secretary may 

obligate funds from the Fund only if the Secretary determines 

(and the Chief Actuary of the Centers for Medicare & Medicaid 

Services and the appropriate budget officer certify) that there 

are available in the Fund sufficient amounts to cover all such 

obligations incurred consistent with the previous sentence.’’. 

(c) ADJUSTMENT TO PAQI FUND.—Section 1848(l)(2) of the 

Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by section 

101(a)(2) of the Medicare, Medicaid, and SCHIP Extension Act 

of 2007 (Public Law 110-173), is amended— 

(1) in subparagraph (A)(i)— 

(A) in subclause (III), by striking ‘‘$4,960,000,000’’ and 

inserting ‘‘$4,670,000,000’’; and 

(B) by adding at the end the following new subclause: 

‘‘(IV) For expenditures during 2014, an amount 

equal to $290,000,000.’’; 

(2) in subparagraph (A)(ii), by adding at the end the following new subclause: 

‘‘(IV) 2014.—The amount available for 

expenditures during 2014 shall only be available 

for an adjustment to the update of the conversion 

factor under subsection (d) for that year.’’; and 

(3) in subparagraph (B)— 

(A) in clause (ii), by striking ‘‘and’’ at the end; 

Certification. 

42 USC 1396w–1. 


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122 STAT. 2396 PUBLIC LAW 110–252—JUNE 30, 2008 

(B) in clause (iii), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following new clause: 

‘‘(iv) 2014 for payment with respect to physicians’ 

services furnished during 2014.’’. 

TITLE VIII—GENERAL PROVISIONS, THIS ACT 

AVAILABILITY OF FUNDS

SEC. 8001. No part of any appropriation contained in this 

Act shall remain available for obligation beyond the current fiscal 

year unless expressly so provided herein. 

EMERGENCY DESIGNATION

SEC. 8002. Each amount in each title of this Act is designated 

as an emergency requirement and necessary to meet emergency 

needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 

and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the 

concurrent resolutions on the budget for fiscal years 2008 and 

2009. 

REDUCTION IN DEFENSE AMOUNTS

SEC. 8003. Notwithstanding any other provision of this Act, 

the total amount appropriated in chapter 1 of title IX of this 

Act under the headings ‘‘Procurement’’, ‘‘Research, Development, 

Test and Evaluation’’, and ‘‘Defense Working Capital Funds’’ is 

hereby reduced by $3,577,845,000. Such reduction shall be applied 

proportionally to each appropriation account under such headings, 

and to each program, project, and activity within each such appropriation account. 

JOINT BASING INITIATIVES

SEC. 8004. Section 9310 of this Act is amended by inserting 

‘‘, except funds deposited in the Department of Defense Base Closure 

Account 2005,’’ after ‘‘None of the funds available to the Department 

of Defense’’. 

DEFENSE HEALTH PROGRAM

SEC. 8005. Amounts provided for ‘‘Defense Health Program’’ 

in Public Law 110-28 for Post Traumatic Stress Disorder and Traumatic Brain Injury (TBI) within operation and maintenance which 

remain available for obligation shall be made available for psychological health and traumatic brain injury. 

SHORT TITLE

SEC. 8006. This Act may be cited as the ‘‘Supplemental Appropriations Act, 2008’’. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2397 

TITLE IX 

DEFENSE MATTERS 

CHAPTER 1 

DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL 

YEAR 2008 

DEPARTMENT OF DEFENSE—MILITARY 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, 

$12,216,715,000. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$894,185,000. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $1,826,688,000. 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, $1,355,544,000. 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, 

$304,200,000. 

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, $72,800,000. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $16,720,000. 

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’, 

$5,000,000. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $1,369,747,000. 


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122 STAT. 2398 PUBLIC LAW 110–252—JUNE 30, 2008 

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $4,000,000. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, Army’’, $17,223,512,000. 

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS) 

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $2,977,864,000: Provided, That up to $112,607,000 shall 

be transferred to the Coast Guard ‘‘Operating Expenses’’ account. 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $159,900,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $5,972,520,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, 

Defense-Wide’’, $3,657,562,000, of which— 

(1) not to exceed $25,000,000 may be used for the Combatant Commander Initiative Fund, to be used in support of Operation Iraqi Freedom and Operation Enduring Freedom; (2) not to exceed $800,000,000, to remain available until 

expended, may be used for payments to reimburse key cooperating nations, for logistical, military, and other support provided to United States military operations, notwithstanding 

any other provision of law: Provided, That these funds may 

be used for the purpose of providing specialized training and 

procuring supplies and specialized equipment and providing 

such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military 

operations in Iraq and Afghanistan: Provided further, That 

such payments may be made in such amounts as the Secretary 

of Defense, with the concurrence of the Secretary of State, 

and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on 

documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of 

the United States, and 15 days following notification to the 

appropriate congressional committees: Provided further, That 

the Secretary of Defense shall provide quarterly reports to 

the congressional defense committees on the use of funds provided in this paragraph: Provided further, That of the amount 

Reports. 

Deadlines. 

Deadline. 

Notification. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2399 

available under this heading for the Defense Contract Management Agency, $52,000,000 shall remain available until September 30, 2009. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $164,839,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $109,876,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps Reserve’’, $70,256,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Air Force Reserve’’, $165,994,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $685,644,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Air National Guard’’, $287,369,000. 

IRAQ FREEDOM FUND

(INCLUDING TRANSFER OF FUNDS) 

For an additional amount for ‘‘Iraq Freedom Fund’’, 

$50,000,000, to remain available for transfer until September 30, 

2009, notwithstanding any other provision of law, only for the 

redevelopment of the Iraqi industrial sector by identifying, and 

providing assistance to, factories and other industrial facilities that 

are best situated to resume operations quickly and reemploy the 

Iraqi workforce: Provided, That the Secretary of Defense shall, 

not fewer than 15 days prior to making transfers from this appropriation, notify the congressional defense committees in writing 

of the details of any such transfer. 

AFGHANISTAN SECURITY FORCES FUND

For an additional amount for the ‘‘Afghanistan Security Forces 

Fund’’, $1,400,000,000, to remain available until September 30, 

2009. 

Deadline. 

Notification. 


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122 STAT. 2400 PUBLIC LAW 110–252—JUNE 30, 2008 

IRAQ SECURITY FORCES FUND

(INCLUDING TRANSFER OF FUNDS) 

For an additional amount for the ‘‘Iraq Security Forces Fund’’, 

$1,500,000,000, to remain available until September 30, 2009: Provided, That such funds shall be available to the Secretary of 

Defense, notwithstanding any other provision of law, for the purpose 

of allowing the Commander, Multi-National Security Transition 

Command—Iraq, or the Secretary’s designee, to provide assistance, 

with the concurrence of the Secretary of State, to the security 

forces of Iraq, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and 

construction, and funding: Provided further, That none of the assistance provided under this heading in the form of funds may be 

utilized for the provision of salaries, wages, or bonuses to personnel 

of the Iraqi Security Forces: Provided further, That the authority 

to provide assistance under this heading is in addition to any 

other authority to provide assistance to foreign nations: Provided 

further, That the Secretary of Defense may transfer such funds 

to appropriations for military personnel; operation and maintenance; Overseas Humanitarian, Disaster, and Civic Aid; procurement; research, development, test and evaluation; and defense 

working capital funds to accomplish the purposes provided herein: 

Provided further, That this transfer authority is in addition to 

any other transfer authority available to the Department of Defense: 

Provided further, That upon a determination that all or part of 

the funds so transferred from this appropriation are not necessary 

for the purposes provided herein, such amounts may be transferred 

back to this appropriation: Provided further, That contributions 

of funds for the purposes provided herein from any person, foreign 

government, or international organization may be credited to this 

Fund, and used for such purposes: Provided further, That the Secretary shall notify the congressional defense committees in writing 

upon the receipt and upon the transfer of any contribution delineating the sources and amounts of the funds received and the 

specific use of such contributions: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to making 

transfers from this appropriation account, notify the congressional 

defense committees in writing of the details of any such transfer: 

Provided further, That the Secretary shall submit a report no later 

than 30 days after the end of each fiscal quarter to the congressional 

defense committees summarizing the details of the transfer of funds 

from this appropriation. 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$954,111,000, to remain available for obligation until September 

30, 2010. 

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’, 

$561,656,000, to remain available for obligation until September 

30, 2010. 

Reports. 

Deadline. 

Deadline. 

Notification. 

Notification. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2401 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For an additional amount for ‘‘Procurement of Weapons and Tracked Combat Vehicles, Army’’, $5,463,471,000, to remain available for obligation until September 30, 2010. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $344,900,000, to remain available for obligation until September 30, 2010. 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, $16,337,340,000, to remain available for obligation until September 

30, 2010. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, $3,563,254,000, to remain available for obligation until September 

30, 2010. 

WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’, $317,456,000, to remain available for obligation until September 

30, 2010. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $304,945,000, to remain available for 

obligation until September 30, 2010. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, $1,399,135,000, to remain available for obligation until September 

30, 2010. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, $2,197,390,000, to remain available for obligation until September 

30, 2010. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’, 

$7,103,923,000, to remain available for obligation until September 

30, 2010. 

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’, 

$66,943,000, to remain available for obligation until September 

30, 2010. 


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122 STAT. 2402 PUBLIC LAW 110–252—JUNE 30, 2008 

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition, 

Air Force’’, $205,455,000, to remain available for obligation until 

September 30, 2010. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$1,953,167,000, to remain available for obligation until September 

30, 2010. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$408,209,000, to remain available for obligation until September 

30, 2010. 

NATIONAL GUARD AND RESERVE EQUIPMENT

For an additional amount for ‘‘National Guard and Reserve 

Equipment’’, $825,000,000, to remain available for obligation until 

September 30, 2010: Provided, That the Chiefs of the National 

Guard and Reserve components shall, prior to the expenditure 

of funds, and not later than 30 days after the enactment of this 

Act, individually submit to the congressional defense committees 

an equipment modernization priority assessment with a detailed 

plan for the expenditure of funds for their respective National 

Guard and Reserve components. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Army’’, $162,958,000, to remain available until 

September 30, 2009. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Navy’’, $366,110,000, to remain available until 

September 30, 2009. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Air Force’’, $399,817,000, to remain available until 

September 30, 2009. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Defense-Wide’’, $816,598,000, to remain available 

until September 30, 2009. 

Deadline. 

Assessment. 

Expenditure 

plan. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2403 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital Funds’’, 

$1,837,450,000, to remain available for obligation until expended. 

NATIONAL DEFENSE SEALIFT FUND

For an additional amount for ‘‘National Defense Sealift Fund’’, 

$5,110,000, to remain available for obligation until expended. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, $1,413,864,000, of which $957,064,000 shall be for operation and 

maintenance; of which $91,900,000 is for procurement, to remain 

available until September 30, 2010; of which $364,900,000 shall 

be for research, development, test and evaluation, to remain available until September 30, 2009: Provided, That in addition to 

amounts otherwise contained in this paragraph, $75,000,000 is 

hereby appropriated to the ‘‘Defense Health Program’’ for operation 

and maintenance for psychological health and traumatic brain 

injury, to remain available until September 30, 2009. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS) 

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $65,317,000, to remain available until 

September 30, 2009. 

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ‘‘Office of the Inspector General’’, $6,394,000, of which $2,000,000 shall be for research, development, 

test and evaluation, to remain available until September 30, 2009. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 9101. Appropriations provided in this chapter are available 

for obligation until September 30, 2008, unless otherwise provided 

in this chapter. 

SEC. 9102. Notwithstanding any other provision of law, funds 

made available in this chapter are in addition to amounts appropriated or otherwise made available for the Department of Defense 

for fiscal year 2008. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 9103. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may transfer between appropriations up to $2,500,000,000 of the 

funds made available to the Department of Defense in this chapter: 

Provided, That the Secretary shall notify the Congress promptly 

of each transfer made pursuant to the authority in this section: 

Notification. 


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122 STAT. 2404 PUBLIC LAW 110–252—JUNE 30, 2008 

Provided further, That the authority provided in this section is 

in addition to any other transfer authority available to the Department of Defense and is subject to the same terms and conditions 

as the authority provided in section 8005 of Public Law 110– 

116, except for the fourth proviso. 

SEC. 9104. (a) From funds made available for operation and 

maintenance in this chapter to the Department of Defense, not 

to exceed $1,226,841,000 may be used, notwithstanding any other 

provision of law, to fund the Commander’s Emergency Response 

Program, for the purpose of enabling military commanders in Iraq, 

Afghanistan, and the Philippines to respond to urgent humanitarian 

relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the 

Iraqi, Afghan, and Filipino people. 

(b) Not later than 15 days after the end of each fiscal year 

quarter, the Secretary of Defense shall submit to the congressional 

defense committees a report regarding the source of funds and 

the allocation and use of funds during that quarter that were 

made available pursuant to the authority provided in this section 

or under any other provision of law for the purposes of the programs 

under subsection (a). 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 9105. During fiscal year 2008, the Secretary of Defense may transfer not to exceed $6,500,000 of the amounts in or credited 

to the Defense Cooperation Account, pursuant to 10 U.S.C. 2608, 

to such appropriations or funds of the Department of Defense as 

the Secretary shall determine for use consistent with the purposes 

for which such funds were contributed and accepted: Provided, 

That such amounts shall be available for the same time period 

as the appropriation to which transferred: Provided further, That 

the Secretary shall report to the Congress all transfers made pursuant to this authority. 

SEC. 9106. Of the amount appropriated by this chapter under 

the heading ‘‘Drug Interdiction and Counter-Drug Activities, 

Defense’’, not to exceed $20,000,000 may be used for the provision 

of support for counter-drug activities of the Governments of Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan, Tajikistan, and 

Turkmenistan, as specified in section 1033 of the National Defense 

Authorization Act for Fiscal Year 1998 (Public Law 105–85, as 

amended by Public Laws 106–398, 108–136, 109–364, and 110– 

181): Provided, That such support shall be in addition to support 

provided under any other provision of the law. 

SEC. 9107. Amounts provided in this chapter for operations 

in Iraq and Afghanistan may be used by the Department of Defense 

for the purchase of up to 20 heavy and light armored vehicles 

for force protection purposes, notwithstanding price or other limitations specified elsewhere in the Department of Defense Appropriations Act, 2008 (Public Law 110–116), or any other provision of 

law: Provided, That notwithstanding any other provision of law, 

funds provided in Public Law 110–116 and Public Law 110–161 

under the heading ‘‘Other Procurement, Navy’’ may be used for 

the purchase of 21 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger 

vehicles but not to exceed $255,000 per vehicle: Provided further, 

That the Secretary of Defense shall submit a report in writing 

no later than 30 days after the end of each fiscal quarter notifying 

Reports. 

Deadlines. 

Reports. 

Deadlines. 

Reports. 


dkrause on GSDDPC44 with PUBLIC LAWS
PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2405 

the congressional defense committees of any purchase described 

in this section, including cost, purposes, and quantities of vehicles 

purchased. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 9108. Section 8122(c) of Public Law 110–116 is amended 

by adding at the end the following: 

‘‘(4) Upon a determination that all or part of the funds 

transferred under paragraph (1) are not necessary to accomplish 

the purposes specified in subsection (b), such amounts may 

be transferred back to the ‘Mine Resistant Ambush Protected 

Vehicle Fund’.’’. 

SEC. 9109. Notwithstanding any other provision of law, not 

to exceed $150,000,000 of funds made available in this chapter 

may be obligated to conduct or support a program to build the 

capacity of a foreign country’s national military forces in order 

for that country to conduct counterterrorist operations or participate 

in or support military and stability operations in which the U.S. 

Armed Forces are a participant: Provided, That funds available 

pursuant to the authority in this section shall be subject to the 

same restrictions, limitations, and reporting requirements as funds 

available pursuant to section 1206 of Public Law 109–163 as 

amended. 

CHAPTER 2 

DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL 

YEAR 2009 

DEPARTMENT OF DEFENSE—MILITARY 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, $839,000,000. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, $75,000,000. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine Corps’’, $55,000,000. 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, 

$75,000,000. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $150,000,000. 

121 Stat. 1341. 


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122 STAT. 2406 PUBLIC LAW 110–252—JUNE 30, 2008 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, Army’’, $37,300,000,000. 

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS) 

For an additional amount for ‘‘Operation and Maintenance, Navy’’, $3,500,000,000: Provided, That up to $112,000,000 shall 

be transferred to the Coast Guard ‘‘Operating Expenses’’ account. 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, Marine Corps’’, $2,900,000,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, 

Air Force’’, $5,000,000,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, 

Defense-Wide’’, $2,648,569,000, of which not to exceed $200,000,000, 

to remain available until expended, may be used for payments 

to reimburse key cooperating nations, for logistical, military, and 

other support provided to United States military operations, notwithstanding any other provision of law: Provided, That these funds 

may be used for the purpose of providing specialized training and 

procuring supplies and specialized equipment and providing such 

supplies and loaning such equipment on a non-reimbursable basis 

to coalition forces supporting United States military operations 

in Iraq and Afghanistan: Provided further, That such payments 

may be made in such amounts as the Secretary of Defense, with 

the concurrence of the Secretary of State, and in consultation with 

the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by 

the Secretary of Defense to adequately account for the support 

provided, and such determination is final and conclusive upon the 

accounting officers of the United States, and 15 days following 

notification to the appropriate congressional committees: Provided 

further, That the Secretary of Defense shall provide quarterly 

reports to the congressional defense committees on the use of funds 

provided in this paragraph. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, Army Reserve’’, $79,291,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $42,490,000. 

Reports. 

Deadlines. 

Deadline. 

Notification. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2407 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, Marine Corps Reserve’’, $47,076,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, Air Force Reserve’’, $12,376,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Army National Guard’’, $333,540,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Air National Guard’’, $52,667,000. 

AFGHANISTAN SECURITY FORCES FUND

For an additional amount for the ‘‘Afghanistan Security Forces Fund’’, $2,000,000,000, to remain available until September 30, 

2009. 

IRAQ SECURITY FORCES FUND

(INCLUDING TRANSFER OF FUNDS) 

For the ‘‘Iraq Security Forces Fund’’, $1,000,000,000, to remain 

available until September 30, 2009: Provided, That such funds 

shall be available to the Secretary of Defense, notwithstanding 

any other provision of law, for the purpose of allowing the Commander, Multi-National Security Transition Command—Iraq, or the 

Secretary’s designee, to provide assistance, with the concurrence 

of the Secretary of State, to the security forces of Iraq, including 

the provision of equipment, supplies, services, training, facility and 

infrastructure repair, renovation, and construction, and funding: 

Provided further, That none of the assistance provided under this 

heading in the form of funds may be utilized for the provision 

of salaries, wages, or bonuses to personnel of the Iraqi Security 

Forces: Provided further, That the authority to provide assistance 

under this heading is in addition to any other authority to provide 

assistance to foreign nations: Provided further, That the Secretary 

of Defense may transfer such funds to appropriations for military 

personnel; operation and maintenance; Overseas Humanitarian, 

Disaster, and Civic Aid; procurement; research, development, test 

and evaluation; and defense working capital funds to accomplish 

the purposes provided herein: Provided further, That this transfer 

authority is in addition to any other transfer authority available 

to the Department of Defense: Provided further, That upon a determination that all or part of the funds so transferred from this 

appropriation are not necessary for the purposes provided herein, 

such amounts may be transferred back to this appropriation: Provided further, That contributions of funds for the purposes provided 

herein from any person, foreign government, or international 

organization may be credited to this Fund, and used for such 

purposes: Provided further, That the Secretary shall notify the Notification. 


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122 STAT. 2408 PUBLIC LAW 110–252—JUNE 30, 2008 

congressional defense committees in writing upon the receipt and 

upon the transfer of any contribution delineating the sources and 

amounts of the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not 

fewer than 15 days prior to making transfers from this appropriation account, notify the congressional defense committees in writing 

of the details of any such transfer: Provided further, That the 

Secretary shall submit a report no later than 30 days after the 

end of each fiscal quarter to the congressional defense committees 

summarizing the details of the transfer of funds from this appropriation. 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, $84,000,000, to remain available for obligation until September 

30, 2011. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $822,674,000, to remain available 

for obligation until September 30, 2011. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $46,500,000, to remain available for obligation until September 30, 2011. 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, 

$1,009,050,000, to remain available for obligation until September 

30, 2011. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$27,948,000, to remain available for obligation until September 

30, 2011. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, 

$565,425,000, to remain available for obligation until September 

30, 2011. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’, 

$201,842,000, to remain available for obligation until September 

30, 2011. 

Reports. 

Deadlines. 

Deadline. 

Notification. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2409 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$1,500,644,000, to remain available for obligation until September 

30, 2011. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$177,237,000, to remain available for obligation until September 

30, 2011. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test and Evaluation, Navy’’, $113,228,000, to remain available until 

September 30, 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Air Force’’, $72,041,000, to remain available until 

September 30, 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Defense-Wide’’, $202,559,000, to remain available 

until September 30, 2010. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, 

$1,100,000,000 for operation and maintenance. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS) 

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $188,000,000. 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

(INCLUDING TRANSFER OF FUNDS) 

For an additional amount for ‘‘Joint Improvised Explosive 

Device Defeat Fund’’, $2,000,000,000, to remain available until September 30, 2011: Provided, That such funds shall be available 

to the Secretary of Defense, notwithstanding any other provision 

of law, for the purpose of allowing the Director of the Joint Improvised Explosive Device Defeat Organization to investigate, develop 

and provide equipment, supplies, services, training, facilities, personnel and funds to assist United States forces in the defeat of 

improvised explosive devices: Provided further, That within 60 days Deadline. 

Plans. 


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122 STAT. 2410 PUBLIC LAW 110–252—JUNE 30, 2008 

of the enactment of this Act, a plan for the intended management 

and use of the amounts provided under this heading shall be 

submitted to the congressional defense committees: Provided further, That the Secretary of Defense shall submit a report not later 

than 60 days after the end of each fiscal quarter to the congressional 

defense committees providing assessments of the evolving threats, 

individual service requirements to counter the threats, the current 

strategy for predeployment training of members of the Armed Forces 

on improvised explosive devices, and details on the execution of 

the Fund: Provided further, That the Secretary of Defense may 

transfer funds provided herein to appropriations for operation and 

maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose 

provided herein: Provided further, That this transfer authority is 

in addition to any other transfer authority available to the Department of Defense: Provided further, That the Secretary of Defense 

shall, not fewer than 15 days prior to making transfers from this 

appropriation, notify the congressional defense committees in 

writing of the details of any such transfer. 

GENERAL PROVISIONS—THIS CHAPTER 

SEC. 9201. Appropriations provided in this chapter are not 

available for obligation until October 1, 2008. 

SEC. 9202. Appropriations provided in this chapter are available 

for obligation until September 30, 2009, unless otherwise provided 

in this chapter. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 9203. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may transfer between appropriations up to $4,000,000,000 of the 

funds made available to the Department of Defense in this chapter: 

Provided, That the Secretary shall notify the Congress promptly 

of each transfer made pursuant to the authority in this section: 

Provided further, That the authority provided in this section is 

in addition to any other transfer authority available to the Department of Defense and is subject to the same terms and conditions 

as the authority provided in section 8005 of Public Law 110– 

116, except for the fourth proviso. 

SEC. 9204. (a) Not later than December 5, 2008 and every 

90 days thereafter through the end of fiscal year 2009, the Secretary 

of Defense shall set forth in a report to Congress a comprehensive 

set of performance indicators and measures for progress toward 

military and political stability in Iraq. 

(b) The report shall include performance standards and goals 

for security, economic, and security force training objectives in 

Iraq together with a notional timetable for achieving these goals. 

(c) In specific, the report requires, at a minimum, the following: 

(1) With respect to stability and security in Iraq, the following: 

(A) Key measures of political stability, including the 

important political milestones that must be achieved over 

the next several years. 

(B) The primary indicators of a stable security environment in Iraq, such as number of engagements per day, 

numbers of trained Iraqi forces, trends relating to numbers 

Deadlines. 

Reports. 

Notification. 

Deadline. 

Notification. 

Reports. 

Deadlines. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2411 

and types of ethnic and religious-based hostile encounters, 

and progress made in the transition of responsibility for 

the security of Iraqi provinces to the Iraqi Security Forces 

under the Provincial Iraqi Control (PIC) process. 

(C) An assessment of the estimated strength of the 

insurgency in Iraq and the extent to which it is composed 

of non-Iraqi fighters. 

(D) A description of all militias operating in Iraq, 

including the number, size, equipment strength, military 

effectiveness, sources of support, legal status, and efforts 

to disarm or reintegrate each militia. 

(E) Key indicators of economic activity that should 

be considered the most important for determining the prospects of stability in Iraq, including— 

(i) unemployment levels; 

(ii) electricity, water, and oil production rates; and 

(iii) hunger and poverty levels. 

(F) The most recent annual budget for the Government 

of Iraq, including a description of amounts budgeted for 

support of Iraqi security and police forces and an assessment of how planned funding will impact the training, 

equipping and overall readiness of those forces. 

(G) The criteria the Administration will use to determine when it is safe to begin withdrawing United States 

forces from Iraq. 

(2) With respect to the training and performance of security 

forces in Iraq, the following: 

(A) The training provided Iraqi military and other 

Ministry of Defense forces and the equipment used by 

such forces. 

(B) Key criteria for assessing the capabilities and readiness of the Iraqi military and other Ministry of Defense 

forces, goals for achieving certain capability and readiness 

levels (as well as for recruiting, training, and equipping 

these forces), and the milestones and notional timetable 

for achieving these goals. 

(C) The operational readiness status of the Iraqi military forces, including the type, number, size, and organizational structure of Iraq battalions that are— 

(i) capable of conducting counterinsurgency operations independently without any support from Coalition Forces; 

(ii) capable of conducting counterinsurgency operations with the support of United States or coalition 

forces; or 

(iii) not ready to conduct counterinsurgency operations. 

(D) The amount and type of support provided by Coalition Forces to the Iraqi Security Forces at each level of 

operational readiness. 

(E) The number of Iraqi battalions in the Iraqi Army 

currently conducting operations and the type of operations 

being conducted. 

(F) The rates of absenteeism in the Iraqi military forces 

and the extent to which insurgents have infiltrated such 

forces. 


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122 STAT. 2412 PUBLIC LAW 110–252—JUNE 30, 2008 

(G) The training provided Iraqi police and other Ministry of Interior forces and the equipment used by such 

forces. 

(H) The level and effectiveness of the Iraqi Security 

Forces under the Ministry of Defense in provinces where 

the United States has formally transferred responsibility 

for the security of the province to the Iraqi Security Forces 

under the Provincial Iraqi Control (PIC) process. 

(I) Key criteria for assessing the capabilities and readiness of the Iraqi police and other Ministry of Interior 

forces, goals for achieving certain capability and readiness 

levels (as well as for recruiting, training, and equipping), 

and the milestones and notional timetable for achieving 

these goals, including— 

(i) the number of police recruits that have received 

classroom training and the duration of such instruction; 

(ii) the number of veteran police officers who have 

received classroom instruction and the duration of such 

instruction; 

(iii) the number of police candidates screened by 

the Iraqi Police Screening Service, the number of candidates derived from other entry procedures, and the 

success rates of those groups of candidates; 

(iv) the number of Iraqi police forces who have 

received field training by international police trainers 

and the duration of such instruction; 

(v) attrition rates and measures of absenteeism 

and infiltration by insurgents; and 

(vi) the level and effectiveness of the Iraqi Police 

and other Ministry of Interior Forces in provinces 

where the United States has formally transferred 

responsibility for the security of the province to the 

Iraqi Security Forces under the Provincial Iraqi Control 

(PIC) process. 

(J) The estimated total number of Iraqi battalions 

needed for the Iraqi security forces to perform duties now 

being undertaken by coalition forces, including defending 

the borders of Iraq and providing adequate levels of law 

and order throughout Iraq. 

(K) The effectiveness of the Iraqi military and police 

officer cadres and the chain of command. 

(L) The number of United States and coalition advisors 

needed to support the Iraqi security forces and associated 

ministries. 

(M) An assessment, in a classified annex if necessary, 

of United States military requirements, including planned 

force rotations, through the end of calendar year 2009. 

SEC. 9205. (a) REPORT BY SECRETARY OF DEFENSE.—Not later 

than 30 days after the date of the enactment of this Act, the 

Secretary of Defense shall submit to the congressional defense 

committees a report that contains individual transition readiness 

assessments by unit of Iraq and Afghan security forces. The Secretary of Defense shall submit to the congressional defense committees updates of the report required by this subsection every 90 

days after the date of the submission of the report until October 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2413 

1, 2009. The report and updates of the report required by this 

subsection shall be submitted in classified form. 

(b) REPORT BY OMB.— 

(1) The Director of the Office of Management and Budget, 

in consultation with the Secretary of Defense; the Commander, 

Multi-National Security Transition Command—Iraq; and the 

Commander, Combined Security Transition Command— 

Afghanistan, shall submit to the congressional defense committees not later than 120 days after the date of the enactment 

of this Act and every 90 days thereafter a report on the proposed 

use of all funds under each of the headings ‘‘Iraq Security 

Forces Fund’’ and ‘‘Afghanistan Security Forces Fund’’ on a 

project-by-project basis, for which the obligation of funds is 

anticipated during the 3-month period from such date, including 

estimates by the commanders referred to in this paragraph 

of the costs required to complete each such project. 

(2) The report required by this subsection shall include 

the following: 

(A) The use of all funds on a project-by-project basis 

for which funds appropriated under the headings referred 

to in paragraph (1) were obligated prior to the submission 

of the report, including estimates by the commanders 

referred to in paragraph (1) of the costs to complete each 

project. 

(B) The use of all funds on a project-by-project basis 

for which funds were appropriated under the headings 

referred to in paragraph (1) in prior appropriations Acts, 

or for which funds were made available by transfer, reprogramming, or allocation from other headings in prior 

appropriations Acts, including estimates by the commanders referred to in paragraph (1) of the costs to complete each project. 

(C) An estimated total cost to train and equip the 

Iraq and Afghan security forces, disaggregated by major 

program and sub-elements by force, arrayed by fiscal year. 

(c) NOTIFICATION.—The Secretary of Defense shall notify the 

congressional defense committees of any proposed new projects or 

transfers of funds between sub-activity groups in excess of 

$15,000,000 using funds appropriated by this Act under the 

headings ‘‘Iraq Security Forces Fund’’ and ‘‘Afghanistan Security 

Forces Fund’’. 

SEC. 9206. Funds available to the Department of Defense for 

operation and maintenance provided in this chapter may be used, 

notwithstanding any other provision of law, to provide supplies, 

services, transportation, including airlift and sealift, and other 

logistical support to coalition forces supporting military and stability 

operations in Iraq and Afghanistan: Provided, That the Secretary 

of Defense shall provide quarterly reports to the congressional 

defense committees regarding support provided under this section. 

SEC. 9207. Supervision and administration costs associated with 

a construction project funded with appropriations available for operation and maintenance, ‘‘Afghanistan Security Forces Fund’’ or 

‘‘Iraq Security Forces Fund’’ provided in this chapter, and executed 

in direct support of the Global War on Terrorism only in Iraq 

and Afghanistan, may be obligated at the time a construction contract is awarded: Provided, That for the purpose of this section, 

Reports. 

Deadlines. 

Classified 

information. 


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122 STAT. 2414 PUBLIC LAW 110–252—JUNE 30, 2008 

supervision and administration costs include all in-house Government costs. 

(INCLUDING TRANSFER OF FUNDS) 

SEC. 9208. (a) Notwithstanding any other provision of law, 

and in addition to amounts otherwise made available by this Act, 

there is appropriated $1,700,000,000 for the ‘‘Mine Resistant 

Ambush Protected Vehicle Fund’’, to remain available until September 30, 2009. 

(b) The funds provided by subsection (a) shall be available 

to the Secretary of Defense to continue technological research and 

development and upgrades, to procure Mine Resistant Ambush 

Protected vehicles and associated support equipment, and to sustain, transport, and field Mine Resistant Ambush Protected vehicles. 

(c)(1) The Secretary of Defense shall transfer funds provided 

by subsection (a) to appropriations for operation and maintenance; 

procurement; and research, development, test and evaluation to 

accomplish the purposes specified in subsection (b). Such transferred 

funds shall be merged with and be available for the same purposes 

and for the same time period as the appropriation to which they 

are transferred. 

(2) The transfer authority provided by this subsection shall 

be in addition to any other transfer authority available to the 

Department of Defense. 

(3) The Secretary of Defense shall, not less than 15 days prior 

to making any transfer under this subsection, notify the congressional defense committees in writing of the details of the transfer. 

SEC. 9209. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Armed Services Committee of the 

House of Representatives, the Armed Services Committee of the 

Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the 

Committee on Appropriations of the House of Representatives. 

CHAPTER 3 

GENERAL PROVISIONS—THIS TITLE 

SEC. 9301. Each amount in this title is designated as an emergency requirement and necessary to meet emergency needs pursuant to subsections (a) and (b) of section 204 of S. Con. Res. 21 

(110th Congress), the concurrent resolution on the budget for fiscal 

year 2008. 

SEC. 9302. Funds appropriated by this title, or made available 

by the transfer of funds in this title, for intelligence activities 

are deemed to be specifically authorized by the Congress for purposes of section 504(a)(1) of the National Security Act of 1947 

(50 U.S.C. 414(a)(1)). 

SEC. 9303. None of the funds made available in this Act may 

be used in contravention of the following laws enacted or regulations 

promulgated to implement the United Nations Convention Against 

Torture and Other Cruel, Inhuman or Degrading Treatment or 

Punishment (done at New York on December 10, 1984): 

(1) Section 2340A of title 18, United States Code; 

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 

Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed 

Deadline. 

Notification. 


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PUBLIC LAW 110–252—JUNE 30, 2008 122 STAT. 2415 

thereto, including regulations under part 208 of title 8, Code 

of Federal Regulations, and part 95 of title 22, Code of Federal 

Regulations; and 

(3) Sections 1002 and 1003 of the Department of Defense, 

Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 

2006 (Public Law 109–148). 

SEC. 9304. (a) REPORT REQUIRED.—Not later than 120 days 

after the date of the enactment of this Act, the Secretary of Defense, 

the Secretary of State, and the Secretary of Homeland Security, 

in coordination with the Chairman of the Joint Chiefs of Staff 

and the Director of National Intelligence, shall jointly submit to 

Congress a report setting forth the global strategy of the United 

States to combat and defeat al Qaeda and its affiliates. 

(b) ELEMENTS OF STRATEGY.—The strategy set forth in the 

report required under subsection (a) shall include the following 

elements: 

(1) An analysis of the global threat posed by al Qaeda 

and its affiliates, including an assessment of the relative threat 

posed in particular regions or countries. 

(2) Recommendations regarding the distribution and 

deployment of United States military, intelligence, diplomatic, 

and other assets to meet the relative regional and countryspecific threats described in paragraph (1). 

(3) Recommendations to ensure that the global deployment 

of United States military personnel and equipment best meet 

the threat identified and described in paragraph (1) and: 

(A) does not undermine the military readiness or homeland security of the United States; 

(B) ensures adequate time between military deployments for rest and training; and 

(C) does not require further extensions of military 

deployments to the extent practicable. 

(c) CLASSIFIED ANNEX.—The report required by subsection (a) 

shall be submitted in unclassified form, but shall include a classified 

annex. 

SEC. 9305. None of the funds provided in this title may be 

used to finance programs or activities denied by Congress in fiscal 

years 2007 or 2008 appropriations to the Department of Defense 

or to initiate a procurement or research, development, test and 

evaluation new start program without prior written notification 

to the congressional defense committees. 

SEC. 9306. Section 1002(c)(2) of the National Defense Authorization Act, Fiscal Year 2008 (Public Law 110–181) is amended by 

striking ‘‘$362,159,000’’ and inserting ‘‘$435,259,000’’. 

SEC. 9307. None of the funds appropriated or otherwise made 

available by this title may be obligated or expended to provide 

award fees to any defense contractor contrary to the provisions 

of section 814 of the National Defense Authorization Act, Fiscal 

Year 2007 (Public Law 109–364). 

(RESCISSIONS) 

SEC. 9308. (a) Of the funds made available for ‘‘Defense Health 

Program’’ in Public Law 110–28, $75,000,000 are rescinded. 

(b) Of the funds made available for ‘‘Joint Improvised Explosive 

Device Defeat Fund’’ in division L of the Consolidated Appropriations Act, 2008 (Public Law 110–161), $71,531,000 are rescinded. 

Ante, p. 300. 

Notification. 


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122 STAT. 2416 PUBLIC LAW 110–252—JUNE 30, 2008 

LEGISLATIVE HISTORY—H.R. 2642 (S. 1645) (S. 2363): 

HOUSE REPORTS: No. 110–186 (Comm. on Appropriations). 

SENATE REPORTS: No. 110–185 accompanying S. 1645 (Comm. on Appropriations). 

CONGRESSIONAL RECORD: 

Vol. 153 (2007): June 15, considered and passed House. 

Sept. 4–6, considered and passed Senate, amended. 

Vol. 154 (2008): May 15, House concurred in Senate amendment with 

amendments. 

May 20, 22, Senate considered and concurred in House 

amendments with amendments. 

June 19, House concurred in certain Senate amendment and 

in another with an amendment. 

June 26, Senate concurred in House amendment. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 

June 30, Presidential remarks. 

Æ 

SEC. 9309. Of the funds appropriated in the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability 

Appropriations Act, 2007 (Public Law 110–28) which remain available for obligation under the ‘‘Iraq Freedom Fund’’, $150,000,000 

is only for the Joint Rapid Acquisition Cell, and $10,000,000 is 

only for the transportation of fallen service members. 

SEC. 9310. None of the funds available to the Department 

of Defense may be obligated or expended to implement any final 

action on joint basing initiatives required under the 2005 round 

of defense base closure and realignment under the Defense Base 

Closure and Realignment Act of 1990 (part A of title XXIX of 

Public Law 101–510; 10 U.S.C. 2687 note) until each affected Secretary of a military department or the head of each affected Federal 

agency certifies to the congressional defense committees that joint 

basing at the affected military installation will result in significant 

costs savings and will not negatively impact the morale of members 

of the Armed Forces. 

SEC. 9311. Funds available in this title which are available 

to the Department of Defense for operation and maintenance may 

be used to purchase items having an investment unit cost of not 

more than $250,000: Provided, That upon determination by the 

Secretary of Defense that such action is necessary to meet the 

operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas, such funds may 

be used to purchase items having an investment item unit cost 

of not more than $500,000. 

Approved June 30, 2008. 

Certification. 


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