In the House of Representatives, U. S., 

June 19, 2008. 

Resolved, That the House agree to the amendments of 

the Senate to the amendments of the House to the amendment of the Senate to the bill (H.R. 2642) entitled ‘‘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’’, 

with the following 

HOUSE AMENDMENT TO SENATE AMENDMENTS TO 

HOUSE AMENDMENTS TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

Senate amendment numbered 2 to the House amendment 

numbered 2 to the Senate amendment to the bill H.R. 

2642, insert the following: 

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2008, and for other pur4 poses, namely: 

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1 TITLE I—MILITARY CONSTRUCTION, VETERANS 

2 AFFAIRS, INTERNATIONAL AFFAIRS, AND 

3 OTHER SECURITY-RELATED MATTERS 

4 CHAPTER 1—AGRICULTURE 

5 DEPARTMENT OF AGRICULTURE 

6 FOREIGN AGRICULTURAL SERVICE

7 PUBLIC LAW 480 TITLE II GRANTS

8 For an additional amount for ‘‘Public Law 480 Title 

9 II Grants’’, $850,000,000, to remain available until ex10 pended. 

11 For an additional amount for ‘‘Public Law 480 Title 

12 II Grants’’, $395,000,000, to become available on October 

13 1, 2008, and to remain available until expended. 

14 CHAPTER 2—JUSTICE 

15 DEPARTMENT OF JUSTICE 

16 OFFICE OF INSPECTOR GENERAL

17 For an additional amount for ‘‘Office of Inspector 

18 General’’, $4,000,000, to remain available until September 

19 30, 2009. 

20 LEGAL ACTIVITIES

21 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

23 General Legal Activities’’, $1,648,000, to remain available 

24 until September 30, 2009. 

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1 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

3 United States Attorneys’’, $5,000,000, to remain available 

4 until September 30, 2009. 

5 UNITED STATES MARSHALS SERVICE

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’, $28,621,000, to remain available until September 

9 30, 2009. 

10 FEDERAL BUREAU OF INVESTIGATION

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Salaries and Ex13 penses’’, $106,122,000, to remain available until September 

14 30, 2009. 

15 For an additional amount for ‘‘Salaries and Ex16 penses’’, $82,600,000, to become available on October 1, 

17 2008, and to remain available until September 30, 2009. 

18 DRUG ENFORCEMENT ADMINISTRATION

19 SALARIES AND EXPENSES

20 For an additional amount for ‘‘Salaries and Ex21 penses’’, $29,861,000, to remain available until September 

22 30, 2009. 

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1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

2 EXPLOSIVES

3 SALARIES AND EXPENSES

4 For an additional amount for ‘‘Salaries and Ex5 penses’’, $4,000,000, to remain available until September 

6 30, 2009. 

7 FEDERAL PRISON SYSTEM

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and Ex10 penses’’, $9,100,000, to remain available until September 

11 30, 2009. 

12 GENERAL PROVISION, THIS CHAPTER 

13 SEC. 1201. Funds appropriated by this chapter, or 

14 made available by the transfer of funds in this chapter, for 

15 intelligence or intelligence related activities are deemed to 

16 be specifically authorized by the Congress for purposes of 

17 section 504 of the National Security Act of 1947 (50 U.S.C. 

18 414). 

19 CHAPTER 3—MILITARY CONSTRUCTION AND 

20 VETERANS AFFAIRS 

21 DEPARTMENT OF DEFENSE 

22 MILITARY CONSTRUCTION, ARMY

23 For an additional amount for ‘‘Military Construction, 

24 Army’’, $1,108,200,000, of which $921,000,000 shall remain 

25 available until September 30, 2009, and of which 

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1 $187,200,000 for child development centers and trainee and 

2 recruit facilities (including planning and design) shall re3 main available until September 30, 2012: Provided, That 

4 notwithstanding any other provision of law, such funds 

5 may be obligated and expended to carry out planning and 

6 design and military construction projects not otherwise au7 thorized by law: Provided further, That of the funds pro8 vided under this heading, not to exceed $73,400,000 shall 

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

10 engineer services: Provided further, That funds provided 

11 under this heading for Iraq shall not be obligated or ex12 pended until the Secretary of Defense certifies to the Com13 mittees on Appropriations of both Houses of Congress that 

14 none of the funds are to be used for the purpose of providing 

15 facilities for the permanent basing of United States mili16 tary personnel in Iraq. 

17 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

18 For an additional amount for ‘‘Military Construction, 

19 Navy and Marine Corps’’, $355,907,000, of which 

20 $295,516,000 shall remain available until September 30, 

21 2009, and of which $60,391,000 for child development cen22 ters and trainee and recruit facilities (including planning 

23 and design) shall remain available until September 30, 

24 2012: Provided, That notwithstanding any other provision 

25 of law, such funds may be obligated and expended to carry 

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1 out planning and design and military construction projects 

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

3 the funds provided under this heading, not to exceed 

4 $15,843,000 shall be available for study, planning, design, 

5 and architect and engineer services. 

6 MILITARY CONSTRUCTION, AIR FORCE

7 For an additional amount for ‘‘Military Construction, 

8 Air Force’’, $399,627,000, of which $361,600,000 shall re9 main available until September 30, 2009, and of which 

10 $38,027,000 for child development centers (including plan11 ning and design) shall remain available until September 

12 30, 2012: Provided, That notwithstanding any other provi13 sion of law, such funds may be obligated and expended to 

14 carry out planning and design and military construction 

15 projects not otherwise authorized by law: Provided further, 

16 That of the funds provided under this heading, not to exceed 

17 $36,427,000 shall be available for study, planning, design, 

18 and architect and engineer services: Provided further, That 

19 funds provided under this heading for Iraq shall not be obli20 gated or expended until the Secretary of Defense certifies 

21 to the Committees on Appropriations of both Houses of Con22 gress that none of the funds are to be used for the purpose 

23 of providing facilities for the permanent basing of United 

24 States military personnel in Iraq. 

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1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 For an additional amount for ‘‘Military Construction, 

3 Defense-Wide’’, $890,921,000, of which $27,600,000 shall re4 main available until September 30, 2009, and of which 

5 $863,321,000 for medical treatment facilities (including 

6 planning and design) shall remain available until Sep7 tember 30, 2012: Provided, That notwithstanding any other 

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

9 to carry out planning and design and military construction 

10 projects not otherwise authorized by law. 

11 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

12 CORPS

13 For an additional amount for ‘‘Family Housing Con14 struction, Navy and Marine Corps’’, $11,766,000, to remain 

15 available until September 30, 2009: Provided, That not16 withstanding any other provision of law, such funds may 

17 be obligated and expended to carry out planning and design 

18 and military construction projects not otherwise authorized 

19 by law. 

20 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

21 For deposit into the Department of Defense Base Clo22 sure Account 2005, established by section 2906A(a)(1) of the 

23 Defense Base Closure and Realignment Act of 1990 (10 

24 U.S.C. 2687 note), $1,278,886,000, to remain available 

25 until expended: Provided, That notwithstanding any other 

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

2 to carry out planning and design and military construction 

3 projects not otherwise authorized by law. 

4 DEPARTMENT OF VETERANS AFFAIRS 

5 DEPARTMENTAL ADMINISTRATION

6 GENERAL OPERATING EXPENSES

7 For an additional amount for ‘‘General Operating Ex8 penses’’, $100,000,000, to remain available until September 

9 30, 2009. 

10 INFORMATION TECHNOLOGY SYSTEMS

11 For an additional amount for ‘‘Information Tech12 nology Systems’’, $20,000,000, to remain available until 

13 September 30, 2009. 

14 CONSTRUCTION, MAJOR PROJECTS

15 For an additional amount for ‘‘Construction, Major 

16 Projects’’, $396,377,000, to remain available until ex17 pended, which shall be for acceleration and completion of 

18 planned major construction of Level I polytrauma rehabili19 tation centers as identified in the Department of Veterans 

20 Affairs’ Five Year Capital Plan: Provided, That notwith21 standing any other provision of law, such funds may be 

22 obligated and expended to carry out planning and design 

23 and major medical facility construction not otherwise au24 thorized by law: Provided further, That within 30 days of 

25 enactment of this Act the Secretary shall submit to the Commmaher on MIKETEMP with BILLS

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1 mittees on Appropriations of both Houses of Congress an 

2 expenditure plan for funds provided under this heading. 

3 GENERAL PROVISIONS, THIS CHAPTER 

4 SEC. 1301. In addition to amounts otherwise appro5 priated or made available under the heading ‘‘Military 

6 Construction, Army’’, there is hereby appropriated an addi7 tional $200,000,000, to remain available until September 

8 30, 2012, to accelerate barracks improvements at Depart9 ment of Army installations: Provided, That notwith10 standing any other provision of law, such funds may be 

11 obligated and expended to carry out planning and design 

12 and barracks construction not otherwise authorized by law: 

13 Provided further, That within 30 days of enactment of this 

14 Act the Secretary of the Army shall submit to the Commit15 tees on Appropriations of both Houses of Congress an ex16 penditure plan for barracks construction prior to obliga17 tion. 

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

19 any other Act may be used to disestablish, reorganize, or 

20 relocate the Armed Forces Institute of Pathology, except for 

21 the Armed Forces Medical Examiner, until the President 

22 has established, as required by section 722 of the National 

23 Defense Authorization Act for Fiscal Year 2008 (Public 

24 Law 110–181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint 

25 Pathology Center. 

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1 SEC. 1303. (a) LIMITATION ON AUTHORITY.— 

2 (1) IN GENERAL.—Chapter 53 of title 38, United 

3 States Code, is amended by inserting after section 

4 5302 the following new section: 

5 ‘‘§ 5302A Collection of indebtedness: certain debts of 

6 members of the Armed Forces and vet7 erans who die of injury incurred or aggra8 vated in the line of duty in a combat zone 

9 ‘‘(a) LIMITATION ON AUTHORITY.—The Secretary may 

10 not collect all or any part of an amount owed to the United 

11 States by a member of the Armed Forces or veteran de12 scribed in subsection (b) under any program under the laws 

13 administered by the Secretary, other than a program re14 ferred to in subsection (c), if the Secretary determines that 

15 termination of collection is in the best interest of the United 

16 States. 

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

18 Forces or veteran described in this subsection is any mem19 ber or veteran who dies as a result of an injury incurred 

20 or aggravated in the line of duty while serving in a theater 

21 of combat operations (as determined by the Secretary in 

22 consultation with the Secretary of Defense) in a war or in 

23 combat against a hostile force during a period of hostilities 

24 (as that term is defined in section 1712A(a)(2)(B) of this 

25 title) after September 11, 2001. 

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1 ‘‘(c) INAPPLICABILITY TO HOUSING AND SMALL BUSI2 NESS BENEFIT PROGRAMS.—The limitation on authority 

3 in subsection (a) shall not apply to any amounts owed the 

4 United States under any program carried out under chap5 ter 37 of this title.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 53 of such title is 

8 amended by inserting after the item relating to sec9 tion 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.’’. 

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

11 any part of an indebtedness of a covered individual, as de12 scribed in section 5302A(a) of title 38, United States Code, 

13 as added by subsection (a)(1), was collected after September 

14 11, 2001, and before the date of the enactment of this Act, 

15 and the Secretary of Veterans Affairs determines that such 

16 indebtedness would have been terminated had such section 

17 been in effect at such time, the Secretary may refund the 

18 amount so collected if the Secretary determines that the in19 dividual is equitably entitled to such refund. 

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

21 section shall take effect on the date of the enactment of this 

22 Act, and shall apply with respect to collections of indebted23 ness of members of the Armed Forces and veterans who die 

24 on or after September 11, 2001. 

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

2 ‘‘Combat Veterans Debt Elimination Act of 2008’’. 

3 CHAPTER 4—DEPARTMENT OF STATE AND 

4 FOREIGN OPERATIONS 

5 SUBCHAPTER A—SUPPLEMENTAL 

6 APPROPRIATIONS FOR FISCAL YEAR 2008 

7 DEPARTMENT OF STATE 

8 ADMINISTRATION OF FOREIGN AFFAIRS

9 DIPLOMATIC AND CONSULAR PROGRAMS

10 For an additional amount for ‘‘Diplomatic and Con11 sular Programs’’, $1,465,700,000, to remain available until 

12 September 30, 2009, of which $210,400,000 is for worldwide 

13 security protection and shall remain available until ex14 pended: Provided, That not more than $1,150,000,000 of the 

15 funds appropriated under this heading shall be available 

16 for diplomatic operations in Iraq: Provided further, That 

17 of the funds appropriated under this heading, not more 

18 than $30,000,000 shall be made available to establish and 

19 implement a coordinated civilian response capacity at the 

20 United States Department of State. 

21 OFFICE OF INSPECTOR GENERAL

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for ‘‘Office of Inspector 

24 General’’, $9,500,000, to remain available until September 

25 30, 2009: Provided, That $2,500,000 shall be transferred to 

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1 the Special Inspector General for Iraq Reconstruction for 

2 reconstruction oversight, and $2,000,000 shall be trans3 ferred to the Special Inspector General for Afghanistan Re4 construction for reconstruction oversight. 

5 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

6 For an additional amount for ‘‘Embassy Security, 

7 Construction, and Maintenance’’, $76,700,000, to remain 

8 available until expended, for facilities in Afghanistan. 

9 INTERNATIONAL ORGANIZATIONS

10 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

11 For an additional amount for ‘‘Contributions to Inter12 national Organizations’’, $66,000,000, to remain available 

13 until September 30, 2009. 

14 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

15 ACTIVITIES

16 For an additional amount for ‘‘Contributions for 

17 International Peacekeeping Activities’’, $373,708,000, to re18 main available until September 30, 2009, of which 

19 $333,600,000 shall be made available for the United Na20 tions-African Union Hybrid Mission in Darfur. 

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1 RELATED AGENCY 

2 BROADCASTING BOARD OF GOVERNORS

3 INTERNATIONAL BROADCASTING OPERATIONS

4 For an additional amount for ‘‘International Broad5 casting Operations’’, $2,000,000, to remain available until 

6 September 30, 2009. 

7 BILATERAL ECONOMIC ASSISTANCE 

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 INTERNATIONAL DISASTER ASSISTANCE

10 For an additional amount for ‘‘International Disaster 

11 Assistance’’, $220,000,000, to remain available until ex12 pended. 

13 OPERATING EXPENSES OF THE UNITED STATES AGENCY

14 FOR INTERNATIONAL DEVELOPMENT

15 For an additional amount for ‘‘Operating Expenses of 

16 the United States Agency for International Development’’, 

17 $150,500,000, to remain available until September 30, 

18 2009: Provided, That of the funds appropriated under this 

19 heading, not more than $25,000,000 shall be made available 

20 to establish and implement a coordinated civilian response 

21 capacity at the United States Agency for International De22 velopment. 

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1 OPERATING EXPENSES OF THE UNITED STATES AGENCY

2 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN3 SPECTOR GENERAL

4 For an additional amount for ‘‘Operating Expenses of 

5 the United States Agency for International Development 

6 Office of Inspector General’’, $4,000,000, to remain avail7 able until September 30, 2009. 

8 OTHER BILATERAL ECONOMIC ASSISTANCE

9 ECONOMIC SUPPORT FUND

10 For an additional amount for ‘‘Economic Support 

11 Fund’’, $1,882,500,000, to remain available until Sep12 tember 30, 2009, of which not more than $424,000,000 may 

13 be made available for assistance for Iraq, $175,000,000 

14 shall be made available for assistance for Jordan to meet 

15 the needs of Iraqi refugees, and up to $53,000,000 may be 

16 made available for energy-related assistance for North 

17 Korea, notwithstanding any other provision of law: Pro18 vided, That not more than $171,000,000 of the funds appro19 priated under this heading in this subchapter shall be made 

20 available for assistance for the West Bank and Gaza and 

21 none of such funds shall be for cash transfer assistance: Pro22 vided further, That of the funds appropriated under this 

23 heading, $1,000,000 shall be made available for the Office 

24 of the United Nations High Commissioner for Human 

25 Rights in Mexico: Provided further, That the funds made 

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1 available under this heading for energy-related assistance 

2 for North Korea may be made available to support the goals 

3 of the Six Party Talks Agreements after the Secretary of 

4 State determines and reports to the Committees on Appro5 priations that North Korea is continuing to fulfill its com6 mitments under such agreements. 

7 DEPARTMENT OF STATE

8 DEMOCRACY FUND

9 For an additional amount for ‘‘Democracy Fund’’, 

10 $76,000,000, to remain available until September 30, 2009, 

11 of which $75,000,000 shall be for democracy programs in 

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

13 Chad. 

14 INTERNATIONAL NARCOTICS CONTROL AND LAW

15 ENFORCEMENT

16 For an additional amount for ‘‘International Nar17 cotics Control and Law Enforcement’’, $390,300,000, to re18 main available until September 30, 2009, of which not more 

19 than $25,000,000 shall be made available for security assist20 ance for the West Bank. 

21 MIGRATION AND REFUGEE ASSISTANCE

22 For an additional amount for ‘‘Migration and Refugee 

23 Assistance’’, $315,000,000, to remain available until ex24 pended. 

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1 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

2 ASSISTANCE FUND

3 For an additional amount for ‘‘United States Emer4 gency Refugee and Migration Assistance Fund’’, 

5 $31,000,000, to remain available until expended. 

6 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

7 RELATED PROGRAMS

8 For an additional amount for ‘‘Nonproliferation, 

9 Anti-Terrorism, Demining and Related Programs’’, 

10 $13,700,000, to remain available until September 30, 2009. 

11 MILITARY ASSISTANCE 

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 FOREIGN MILITARY FINANCING PROGRAM

14 For an additional amount for ‘‘Foreign Military Fi15 nancing Program’’, $137,500,000, to remain available until 

16 September 30, 2009, of which $17,000,000 shall be made 

17 available for assistance for Jordan and up to $116,500,000 

18 may be made available for assistance for Mexico. 

19 Not more than $1,350,000 of the funds appropriated 

20 or otherwise made available under the heading ‘‘Foreign 

21 Military Financing Program’’ by the Department of State, 

22 Foreign Operations, and Related Programs Appropriations 

23 Act, 2008 (division J of Public Law 110–161) that were 

24 previously transferred to and merged with ‘‘Diplomatic and 

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1 poses authorized for that account, of which up to $500,000 

2 shall be made available to increase the capacity of the 

3 United States Embassy in Mexico City to implement sec4 tion 620J of the Foreign Assistance Act of 1961: Provided, 

5 That funds made available by this paragraph shall not be 

6 subject to Section 8002 of this Act. 

7 SUBCHAPTER B—BRIDGE FUND SUPPLEMENTAL 

8 APPROPRIATIONS FOR FISCAL YEAR 2009 

9 DEPARTMENT OF STATE 

10 ADMINISTRATION OF FOREIGN AFFAIRS

11 DIPLOMATIC AND CONSULAR PROGRAMS

12 For an additional amount for ‘‘Diplomatic and Con13 sular Programs’’, $704,900,000, which shall become avail14 able on October 1, 2008, and remain available through Sep15 tember 30, 2009: Provided, That of the funds appropriated 

16 under this heading, $78,400,000 is for worldwide security 

17 protection and shall remain available until expended: Pro18 vided further, That not more than $550,500,000 of the funds 

19 appropriated under this heading shall be available for dip20 lomatic operations in Iraq. 

21 OFFICE OF INSPECTOR GENERAL

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for ‘‘Office of Inspector 

24 General’’, $57,000,000, which shall become available on Oc25 tober 1, 2008, and remain available through September 30, 

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1 2009: Provided, That $36,500,000 shall be transferred to the 

2 Special Inspector General for Iraq Reconstruction for recon3 struction oversight and $5,000,000 shall be transferred to 

4 the Special Inspector General for Afghanistan Reconstruc5 tion for reconstruction oversight. 

6 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

7 For an additional amount for ‘‘Embassy Security, 

8 Construction, and Maintenance’’, $41,300,000, which shall 

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

10 until expended, for facilities in Afghanistan. 

11 INTERNATIONAL ORGANIZATIONS

12 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

13 For an additional amount for ‘‘Contributions to Inter14 national Organizations’’, $75,000,000, which shall become 

15 available on October 1, 2008, and remain available through 

16 September 30, 2009. 

17 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

18 ACTIVITIES

19 For an additional amount for ‘‘Contributions for 

20 International Peacekeeping Activities’’, $150,500,000, 

21 which shall become available on October 1, 2008, and re22 main available through September 30, 2009. 

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1 RELATED AGENCY 

2 BROADCASTING BOARD OF GOVERNORS

3 INTERNATIONAL BROADCASTING OPERATIONS

4 For an additional amount for ‘‘International Broad5 casting Operations’’, $6,000,000, which shall become avail6 able on October 1, 2008, and remain available through Sep7 tember 30, 2009. 

8 BILATERAL ECONOMIC ASSISTANCE 

9 FUNDS APPROPRIATED TO THE PRESIDENT

10 GLOBAL HEALTH AND CHILD SURVIVAL

11 For an additional amount for ‘‘Global Health and 

12 Child Survival’’, $75,000,000, which shall become available 

13 on October 1, 2008, and remain available through Sep14 tember 30, 2009, for programs to combat avian influenza. 

15 DEVELOPMENT ASSISTANCE

16 For an additional amount for ‘‘Development Assist17 ance’’, $200,000,000, for assistance for developing countries 

18 to address the international food crisis notwithstanding any 

19 other provision of law, which shall become available on Oc20 tober 1, 2008, and remain available through September 30, 

21 2010: Provided, That such assistance should be carried out 

22 consistent with the purposes of section 103(a)(1) of the For23 eign Assistance Act of 1961: Provided further, That not 

24 more than $50,000,000 should be made available for local 

25 or regional purchase and distribution of food: Provided furmmaher on MIKETEMP with BILLS

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1 ther, That the Secretary of State shall submit to the Com2 mittees on Appropriations not later than 45 days after en3 actment of this Act, and prior to the initial obligation of 

4 funds appropriated under this heading, a report on the pro5 posed uses of such funds to alleviate hunger and malnutri6 tion, including a list of those countries facing significant 

7 food shortages. 

8 INTERNATIONAL DISASTER ASSISTANCE

9 For an additional amount for ‘‘International Disaster 

10 Assistance’’, $200,000,000, which shall become available on 

11 October 1, 2008, and remain available until expended. 

12 OPERATING EXPENSES OF THE UNITED STATES AGENCY

13 FOR INTERNATIONAL DEVELOPMENT

14 For an additional amount for ‘‘Operating Expenses of 

15 the United States Agency for International Development’’, 

16 $93,000,000, which shall become available on October 1, 

17 2008, and remain available through September 30, 2009. 

18 OPERATING EXPENSES OF THE UNITED STATES AGENCY

19 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN20 SPECTOR GENERAL

21 For an additional amount for ‘‘Operating Expenses of 

22 the United States Agency for International Development 

23 Office of Inspector General’’, $1,000,000, which shall become 

24 available on October 1, 2008, and remain available through 

25 September 30, 2009. 

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1 OTHER BILATERAL ECONOMIC ASSISTANCE

2 ECONOMIC SUPPORT FUND

3 For an additional amount for ‘‘Economic Support 

4 Fund’’, $1,124,800,000, which shall become available on Oc5 tober 1, 2008, and remain available through September 30, 

6 2009, of which not more than $102,500,000 may be made 

7 available for assistance for Iraq, $100,000,000 shall be 

8 made available for assistance for Jordan, not more than 

9 $455,000,000 may be made available for assistance for Af10 ghanistan, not more than $150,000,000 may be made avail11 able for assistance for Pakistan, not more than 

12 $150,000,000 shall be made available for assistance for the 

13 West Bank and Gaza, and $15,000,000 may be made avail14 able for energy-related assistance for North Korea, notwith15 standing any other provision of law. 

16 DEPARTMENT OF STATE

17 INTERNATIONAL NARCOTICS CONTROL AND LAW

18 ENFORCEMENT

19 For an additional amount for ‘‘International Nar20 cotics Control and Law Enforcement’’, $199,000,000, which 

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

22 available through September 30, 2009: Provided, That not 

23 more than $50,000,000 of the funds appropriated under this 

24 heading shall be made available for security assistance for 

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1 the West Bank and up to $48,000,000 may be made avail2 able for assistance for Mexico. 

3 MIGRATION AND REFUGEE ASSISTANCE

4 For an additional amount for ‘‘Migration and Refugee 

5 Assistance’’, $350,000,000, which shall become available on 

6 October 1, 2008, and remain available until expended. 

7 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

8 RELATED PROGRAMS

9 For an additional amount for ‘‘Nonproliferation, 

10 Anti-Terrorism, Demining and Related Programs’’, 

11 $4,500,000, for humanitarian demining assistance for Iraq, 

12 which shall become available on October 1, 2008, and re13 main available through September 30, 2009. 

14 MILITARY ASSISTANCE 

15 FUNDS APPROPRIATED TO THE PRESIDENT

16 FOREIGN MILITARY FINANCING PROGRAM

17 For an additional amount for ‘‘Foreign Military Fi18 nancing Program’’, $302,500,000, which shall become avail19 able on October 1, 2008, and remain available through Sep20 tember 30, 2009, of which $100,000,000 shall be made avail21 able for assistance for Jordan, and not less than 

22 $170,000,000 shall be available for grants only for Israel 

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

24 Provided, That section 3802(c) of title III, chapter 8 of Pubmmaher on MIKETEMP with BILLS

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1 lic Law 110–28 shall apply to funds made available under 

2 this heading for assistance for Lebanon. 

3 PEACEKEEPING OPERATIONS

4 For an additional amount for ‘‘Peacekeeping Oper5 ations’’, $95,000,000, which shall become available on Octo6 ber 1, 2008, and remain available through September 30, 

7 2009. 

8 SUBCHAPTER C—GENERAL PROVISIONS, THIS 

9 CHAPTER 

10 EXTENSION OF AUTHORITIES

11 SEC. 1401. Funds appropriated by this chapter may 

12 be obligated and expended notwithstanding section 10 of 

13 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

14 State Department Basic Authorities Act of 1956 (22 U.S.C. 

15 2680), section 313 of the Foreign Relations Authorization 

16 Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and 

17 section 504(a)(1) of the National Security Act of 1947 (50 

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

19 IRAQ

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

21 (1) None of the funds appropriated by this chap22 ter for infrastructure maintenance activities in Iraq 

23 may be made available until the Secretary of State 

24 certifies and reports to the Committees on Appropria25 tions that the Governments of the United States and 

26 Iraq have entered into, and are implementing, an 

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1 asset transfer agreement that includes commitments 

2 by the Government of Iraq to maintain United 

3 States-funded infrastructure in Iraq. 

4 (2) None of the funds appropriated by this chap5 ter may be made available for the construction of 

6 prison facilities in Iraq. 

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

8 the funds appropriated by this chapter for rule of law pro9 grams in Iraq may be made available for assistance for the 

10 Government of Iraq until the Secretary of State reports to 

11 the Committees on Appropriations that a comprehensive 

12 anti-corruption strategy has been developed, and is being 

13 implemented, by the Government of Iraq, and the Secretary 

14 of State submits a list, in classified form if necessary, to 

15 the Committees on Appropriations of senior Iraqi officials 

16 who the Secretary has credible evidence to believe have com17 mitted corrupt acts. 

18 (c) PROVINCIAL RECONSTRUCTION TEAMS.—None of 

19 the funds appropriated by this chapter for the operational 

20 or program expenses of Provincial Reconstruction Teams 

21 (PRTs) in Iraq may be made available until the Secretary 

22 of State submits a report to the Committees on Appropria23 tions detailing— 

24 (1) the strategy for the eventual winding down 

25 and close out of PRTs; 

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1 (2) anticipated costs associated with PRT oper2 ations, programs, and eventual winding down and 

3 close out, including security for PRT personnel and 

4 anticipated Government of Iraq contributions; and 

5 (3) anticipated placement and cost estimates of 

6 future United States Consulates in Iraq. 

7 (d) COMMUNITY STABILIZATION PROGRAM.—Not more 

8 than 50 percent of the funds appropriated by this chapter 

9 for the Community Stabilization Program in Iraq may be 

10 made available until the Secretary of State certifies and 

11 reports to the Committees on Appropriations that the 

12 United States Agency for International Development is im13 plementing recommendations contained in Office of Inspec14 tor General Audit Report No. E-267-08-001-P to ensure ac15 countability of funds. 

16 (e) MATCHING REQUIREMENT.— 

17 (1) Notwithstanding any other provision of law, 

18 funds appropriated by this chapter for assistance for 

19 Iraq shall be made available only to the extent that 

20 the Government of Iraq matches such assistance on a 

21 dollar-for-dollar basis. 

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

23 available for— 

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1 (A) grants and cooperative agreements for 

2 programs to promote democracy and human 

3 rights; 

4 (B) the Community Action Program and 

5 other assistance through civil society organiza6 tions; 

7 (C) humanitarian demining; or 

8 (D) assistance for refugees, internally dis9 placed persons, and civilian victims of the mili10 tary operations. 

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

12 Committees on Appropriations prior to the initial ob13 ligation of funds pursuant to this section that the 

14 Government of Iraq has committed to obligate match15 ing funds on a dollar-for-dollar basis. The Secretary 

16 shall submit a report to the Committees on Appro17 priations not later than September 30, 2008, and 180 

18 days thereafter, detailing the amounts of funds obli19 gated and expended by the Government of Iraq to 

20 meet the requirements of this section. 

21 (4) Not later than 45 days after enactment of 

22 this Act, the Secretary of State shall submit a report 

23 to the Committees on Appropriations detailing the 

24 amounts provided by the Government of Iraq since 

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1 dan, and elsewhere, and the amount of such assistance 

2 the Government of Iraq plans to provide in fiscal 

3 year 2008. The Secretary shall work expeditiously 

4 with the Government of Iraq to establish an account 

5 within its annual budget sufficient to, at a minimum, 

6 match United States contributions on a dollar-for-dol7 lar basis to organizations and programs for the pur8 pose of assisting Iraqi refugees. 

9 AFGHANISTAN

10 SEC. 1403. (a) ASSISTANCE FOR WOMEN AND

11 GIRLS.—Funds appropriated by this chapter under the 

12 heading ‘‘Economic Support Fund’’ that are available for 

13 assistance for Afghanistan shall be made available, to the 

14 maximum extent practicable, through local Afghan provin15 cial and municipal governments and Afghan civil society 

16 organizations and in a manner that emphasizes the partici17 pation of Afghan women and directly improves the eco18 nomic, social and political status of Afghan women and 

19 girls. 

20 (b) HIGHER EDUCATION.—Of the funds appropriated 

21 by this chapter under the heading ‘‘Economic Support 

22 Fund’’ that are made available for education programs in 

23 Afghanistan, not less than 50 percent shall be made avail24 able to support higher education and vocational training 

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1 tration, and other disciplines necessary to rebuild the coun2 try, in which the participation of women is emphasized. 

3 (c) POST-OPERATIONS ASSISTANCE.—Of the funds ap4 propriated by this chapter under the heading ‘‘Economic 

5 Support Fund’’ that are available for assistance for Afghan6 istan, not less than $2,000,000 shall be made available for 

7 a United States contribution to the North Atlantic Treaty 

8 Organization/International Security Assistance Force Post9 Operations Humanitarian Relief Fund. 

10 (d) ANTI-CORRUPTION.—Not later than 90 days after 

11 the enactment of this Act, the Secretary of State shall— 

12 (1) submit a report to the Committees on Appro13 priations on actions being taken by the Government 

14 of Afghanistan to combat corruption within the na15 tional and provincial governments, including to re16 move and prosecute officials who have committed cor17 rupt acts; 

18 (2) submit a list to the Committees on Appro19 priations, in classified form if necessary, of senior Af20 ghan officials who the Secretary has credible evidence 

21 to believe have committed corrupt acts; and 

22 (3) certify and report to the Committees on Ap23 propriations that effective mechanisms are in place to 

24 ensure that assistance to national government minmmaher on MIKETEMP with BILLS

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1 istries and provincial governments will be properly 

2 accounted for. 

3 WEST BANK

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

5 enactment of this Act and 180 days thereafter, the Secretary 

6 of State shall submit to the Committees on Appropriations 

7 a report on assistance provided by the United States for 

8 the training of Palestinian security forces, including de9 tailed descriptions of the training, curriculum, and equip10 ment provided; an assessment of the training and the per11 formance of forces after training has been completed; and 

12 a description of the assistance that has been pledged and 

13 provided to Palestinian security forces by other donors: Pro14 vided, That not later than 90 days after the date of enact15 ment of this Act, the Secretary of State shall report to the 

16 Committees on Appropriations, in classified form if nec17 essary, on the security strategy of the Palestinian Author18 ity. 

19 WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA

20 SEC. 1405. (a) WAIVER AUTHORITY.— 

21 (1) IN GENERAL.—Except as provided in sub22 section (b), the President may waive in whole or in 

23 part, with respect to North Korea, the application of 

24 any sanction contained in subparagraph (A), (B), 

25 (D) or (G) under section 102(b)(2) of the Arms Exmmaher on MIKETEMP with BILLS

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

2 purpose of providing assistance related to— 

3 (A) the implementation and verification of 

4 the compliance by North Korea with its commit5 ment, undertaken in the Joint Statement of Sep6 tember 19, 2005, to abandon all nuclear weapons 

7 and existing nuclear programs as part of the 

8 verifiable denuclearization of the Korean Penin9 sula; and 

10 (B) the elimination of the capability of 

11 North Korea to develop, deploy, transfer, or 

12 maintain weapons of mass destruction and their 

13 delivery systems. 

14 (2) LIMITATION.—The authority under para15 graph (1) shall expire 5 years after the date of enact16 ment of this Act. 

17 (b) EXCEPTIONS.— 

18 (1) LIMITED EXCEPTION RELATED TO CERTAIN

19 SANCTIONS AND PROHIBITIONS.—The authority under 

20 subsection (a) shall not apply with respect to a sanc21 tion or prohibition under subparagraph (B) or (G) of 

22 section 102(b)(2) of the Arms Export Control Act, un23 less the President determines and certifies to the ap24 propriate congressional committees that— 

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1 (A) all reasonable steps will be taken to as2 sure that the articles or services exported or oth3 erwise provided will not be used to improve the 

4 military capabilities of the armed forces of North 

5 Korea; and 

6 (B) such waiver is in the national security 

7 interests of the United States. 

8 (2) LIMITED EXCEPTION RELATED TO CERTAIN

9 ACTIVITIES.—Unless the President determines and 

10 certifies to the appropriate congressional committees 

11 that using the authority under subsection (a) is vital 

12 to the national security interests of the United States, 

13 such authority shall not apply with respect to— 

14 (A) an activity described in subparagraph 

15 (A) of section 102(b)(1) of the Arms Export Con16 trol Act that occurs after September 19, 2005, 

17 and before the date of the enactment of this Act; 

18 (B) an activity described in subparagraph 

19 (C) of such section that occurs after September 

20 19, 2005; or 

21 (C) an activity described in subparagraph 

22 (D) of such section that occurs after the date of 

23 enactment of this Act. 

24 (3) EXCEPTION RELATED TO CERTAIN ACTIVITIES

25 OCCURRING AFTER DATE OF ENACTMENT.—The aummaher on MIKETEMP with BILLS

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1 thority under subsection (a) shall not apply with re2 spect to an activity described in subparagraph (A) or 

3 (B) of section 102(b)(1) of the Arms Export Control 

4 Act that occurs after the date of the enactment of this 

5 Act. 

6 (4) LIMITED EXCEPTION RELATED TO LETHAL

7 WEAPONS.—The authority under subsection (a) shall 

8 not apply with respect to any export of lethal defense 

9 articles that would be prevented by the application of 

10 section 102(b)(2) of the Arms Export Control Act. 

11 (c) NOTIFICATIONS AND REPORTS.— 

12 (1) CONGRESSIONAL NOTIFICATION.—The Presi13 dent shall notify the appropriate congressional com14 mittees in writing not later than 15 days before exer15 cising the waiver authority under subsection (a). 

16 (2) ANNUAL REPORT.—Not later than January 

17 31, 2009, and annually thereafter, the President shall 

18 submit to the appropriate congressional committees a 

19 report that— 

20 (A) lists all waivers issued under subsection 

21 (a) during the preceding year; 

22 (B) describes in detail the progress that is 

23 being made in the implementation of the com24 mitment undertaken by North Korea, in the 

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1 don all nuclear weapons and existing nuclear 

2 programs as part of the verifiable 

3 denuclearization of the Korean Peninsula; 

4 (C) discusses specifically any shortcomings 

5 in the implementation by North Korea of that 

6 commitment; and 

7 (D) lists and describes the progress and 

8 shortcomings, in the preceding year, of all other 

9 programs promoting the elimination of the capa10 bility of North Korea to develop, deploy, transfer, 

11 or maintain weapons of mass destruction or 

12 their delivery systems. 

13 (3) REPORT ON VERIFICATION MEASURES RELAT14 ING TO NORTH KOREA’S NUCLEAR PROGRAMS.— 

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

16 after the date of enactment of this Act, the Sec17 retary of State shall submit to the appropriate 

18 congressional committees a report on verification 

19 measures relating to North Korea’s nuclear pro20 grams under the Six-Party Talks Agreement of 

21 February 13, 2007, with specific focus on how 

22 such verification measures are defined under the 

23 Six-Party Talks Agreement and understood by 

24 the United States Government. 

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1 (B) MATTERS TO BE INCLUDED.—The re2 port required under subsection (A) shall include, 

3 among other elements, a description of— 

4 (i) how the United States will confirm 

5 that North Korea has ‘‘provided a complete 

6 and correct declaration of all of its nuclear 

7 programs’’; 

8 (ii) how the United States will main9 tain a high and ongoing level of confidence 

10 that North Korea has fully met the terms of 

11 the Six-Party Talks Agreement relating to 

12 its nuclear programs; 

13 (iii) any diplomatic agreement with 

14 North Korea regarding verification meas15 ures relating to North Korea’s nuclear pro16 grams under the Six-Party Talks Agreement 

17 (other than implementing arrangements 

18 made during on-site operations); and 

19 (iv) any significant and continuing 

20 disagreement with North Korea regarding 

21 verification measures relating to North Ko22 rea’s nuclear programs under the Six-Party 

23 Talks Agreement. 

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1 (C) FORM.—The report required under sub2 section (A) shall be submitted in unclassified 

3 form, but may include a classified annex. 

4 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE5 FINED.—In this section, the term ‘‘appropriate congres6 sional committees’’ means— 

7 (1) the Committees on Appropriations, Armed 

8 Services, and Foreign Relations of the Senate; and 

9 (2) the Committees on Appropriations, Armed 

10 Services, and Foreign Affairs of the House of Rep11 resentatives. 

12 MEXICO

13 SEC. 1406. (a) ASSISTANCE FOR MEXICO.—Of the 

14 funds appropriated under the headings ‘‘International Nar15 cotics Control and Law Enforcement’’, ‘‘Foreign Military 

16 Financing Program’’, and ‘‘Economic Support Fund’’ in 

17 this chapter, not more than $352,000,000 of the funds ap18 propriated in subchapter A and $48,000,000 of the funds 

19 appropriated in subchapter B may be made available for 

20 assistance for Mexico, only to combat drug trafficking and 

21 related violence and organized crime, and for judicial re22 form, institution building, anti-corruption, and rule of law 

23 activities, of which not less than $73,500,000 shall be used 

24 for judicial reform, institution building, anti-corruption, 

25 and rule of law activities: Provided, That none of the funds 

26 made available under this section shall be made available 

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1 for budget support or as cash payments: Provided further, 

2 That not more than 45 days after enactment of this Act, 

3 and after consulting with relevant Mexican Government au4 thorities, the Secretary of State shall report in writing to 

5 the Committees on Appropriations on the procedures in 

6 place to implement section 620J of the Foreign Assistance 

7 Act of 1961. 

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

9 funds made available in this chapter for assistance for Mex10 ico under the headings ‘‘International Narcotics Control 

11 and Law Enforcement’’ and ‘‘Foreign Military Financing 

12 Program’’ may not be obligated until the Secretary of State 

13 reports in writing to the Committees on Appropriations 

14 that the Government of Mexico is— 

15 (1) improving the transparency and account16 ability of federal police forces and working with state 

17 and municipal authorities to improve the trans18 parency and accountability of state and municipal 

19 police forces through mechanisms including estab20 lishing police complaints commissions with authority 

21 and independence to receive complaints and carry out 

22 effective investigations; 

23 (2) establishing a mechanism for regular con24 sultations among relevant Mexican Government au25 thorities, Mexican human rights organizations and 

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1 other relevant Mexican civil society organizations, to 

2 make recommendations concerning implementation of 

3 the Merida Initiative in accordance with Mexican 

4 and international law; 

5 (3) ensuring that civilian prosecutors and judi6 cial authorities are investigating and prosecuting, in 

7 accordance with Mexican and international law, 

8 members of the federal police and military forces who 

9 have been credibly alleged to have committed viola10 tions of human rights, and the federal police and 

11 military forces are fully cooperating with the inves12 tigations; and 

13 (4) enforcing the prohibition, in accordance with 

14 Mexican and international law, on the use of testi15 mony obtained through torture or other ill-treatment. 

16 (c) EXCEPTION.—Notwithstanding subsection (b), of 

17 the funds appropriated by subchapter A for assistance for 

18 Mexico under the heading ‘‘International Narcotics Control 

19 and Law Enforcement’’, $3,000,000 shall be made available 

20 for technical and other assistance to enable the Government 

21 of Mexico to implement a unified national registry of fed22 eral, state, and municipal police officers. 

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

24 shall include a description of actions taken with respect to 

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1 tention of the Secretary of State for which the response or 

2 action taken has been inadequate. 

3 (e) NOTIFICATION.—Funds made available for Mexico 

4 by this chapter shall be subject to the regular notification 

5 procedures of the Committees on Appropriations and sec6 tion 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 

7 2394–1). 

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

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

10 shall submit to the Committees on Appropriations a de11 tailed spending plan for funds appropriated or otherwise 

12 made available for Mexico by this chapter, which shall in13 clude a strategy, developed after consulting with relevant 

14 Mexican Government authorities, for combating drug traf15 ficking and related violence and organized crime, judicial 

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

17 law activities, with concrete goals, actions to be taken, budg18 et proposals, and anticipated results. 

19 CENTRAL AMERICA

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

21 CENTRAL AMERICA.—Of the funds appropriated in sub22 chapter A under the headings ‘‘International Narcotics 

23 Control and Law Enforcement’’, ‘‘Foreign Military Financ24 ing Program’’, ‘‘Nonproliferation, Anti-Terrorism, 

25 Demining and Related Programs’’, and ‘‘Economic Sup26 port Fund’’, $65,000,000 may be made available for assistmmaher on MIKETEMP with BILLS

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1 ance for the countries of Central America, Haiti, and the 

2 Dominican Republic only to combat drug trafficking and 

3 related violence and organized crime, and for judicial re4 form, institution building, anti-corruption, rule of law ac5 tivities, and maritime security: Provided, That of the funds 

6 appropriated under the heading ‘‘Economic Support 

7 Fund’’, $25,000,000 shall be made available for an Eco8 nomic and Social Development Fund for Central America, 

9 of which $20,000,000 shall be made available through the 

10 United States Agency for International Development and 

11 $5,000,000 shall be made available through the Department 

12 of State for educational exchange programs: Provided fur13 ther, That of the funds appropriated in subchapter A under 

14 the heading ‘‘International Narcotics Control and Law En15 forcement’’, $2,500,000 shall be made available for assist16 ance for Haiti, $2,500,000 shall be made available for as17 sistance for the Dominican Republic, and $1,000,000 shall 

18 be made available for a United States contribution to the 

19 International Commission Against Impunity in Guate20 mala: Provided further, That none of the funds shall be 

21 made available for budget support or as cash payments: 

22 Provided further, That not more than 45 days after enact23 ment of this Act, the Secretary of State shall report in writ24 ing to the Committees on Appropriations on the procedures 

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1 in place to implement section 620J of the Foreign Assist2 ance Act of 1961. 

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

4 funds made available by this chapter for assistance for the 

5 countries of Central America, Haiti and the Dominican Re6 public under the headings ‘‘International Narcotics Control 

7 and Law Enforcement’’ and ‘‘Foreign Military Financing 

8 Program’’ may not be obligated until the Secretary of State 

9 reports in writing to the Committees on Appropriations 

10 that the government of such country is— 

11 (1) establishing police complaints commissions 

12 with authority and independence to receive com13 plaints and carry out effective investigations; 

14 (2) implementing reforms to improve the capac15 ity and ensure the independence of the judiciary; and 

16 (3) investigating and prosecuting members of the 

17 federal police and military forces who have been 

18 credibly alleged to have committed violations of 

19 human rights. 

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

21 shall include actions taken with respect to each requirement 

22 and the cases or issues brought to the attention of the Sec23 retary of State for which the response or action taken has 

24 been inadequate. 

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1 (d) NOTIFICATION.—Funds made available for assist2 ance for the countries of Central America, Haiti and the 

3 Dominican Republic in subchapter A shall be subject to the 

4 regular notification procedures of the Committees on Appro5 priations and section 634A of the Foreign Assistance Act 

6 of 1961 (22 U.S.C. 2394–1). 

7 (e) SPENDING PLAN.—Not later than 45 days after en8 actment of this Act, the Secretary of State shall submit to 

9 the Committees on Appropriations a detailed spending plan 

10 for funds appropriated or otherwise made available for the 

11 countries of Central America, Haiti and the Dominican Re12 public in subchapter A, which shall include a strategy for 

13 combating drug trafficking and related violence and orga14 nized crime, judicial reform, institution building, anti-cor15 ruption, and rule of law activities, with concrete goals, ac16 tions to be taken, budget proposals and anticipated results. 

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

18 term ‘‘countries of Central America’’ means Belize, Costa 

19 Rica, El Salvador, Guatemala, Honduras, Nicaragua, and 

20 Panama. 

21 BUYING POWER MAINTENANCE ACCOUNT

22 (INCLUDING TRANSFERS OF FUNDS)

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

24 heading ‘‘Diplomatic and Consular Programs’’ and allo25 cated by section 3810 of the U.S. Troop Readiness, Vetmmaher on MIKETEMP with BILLS

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1 erans’ Care, Katrina Recovery, and Iraq Accountability 

2 Appropriations Act, 2007 (Public Law 110–28), 

3 $26,000,000 shall be transferred to and merged with funds 

4 in the ‘‘Buying Power Maintenance Account’’: Provided, 

5 That of the funds made available by this chapter up to an 

6 additional $74,000,000 may be transferred to and merged 

7 with the ‘‘Buying Power Maintenance Account’’, subject to 

8 the regular notification procedures of the Committees on 

9 Appropriations and in accordance with the procedures in 

10 section 34 of the State Department Basic Authorities Act 

11 of 1956 (22 U.S.C. 2706). Any funds transferred pursuant 

12 to this section shall be available, without fiscal year limita13 tion, pursuant to section 24 of the State Department Basic 

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

15 (b) Section 24(b)(7) of the State Department Basic Au16 thorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by 

17 amending subparagraph (D) to read as follows: 

18 ‘‘(D) The authorities contained in this 

19 paragraph may be exercised only with respect to 

20 funds appropriated or otherwise made available 

21 after fiscal year 2008.’’. 

22 (c) The Broadcasting Board of Governors may transfer 

23 funds into its Buying Power Maintenance Account, not24 withstanding the requirement that such funds be provided 

25 in advance in appropriations Acts. The authority in this 

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1 subsection may be exercised only with respect to funds ap2 propriated or otherwise made available after fiscal year 

3 2008. 

4 SERBIA

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

6 heading ‘‘Assistance for Eastern Europe and the Baltic 

7 States’’ by title III of the Department of State, Foreign Op8 erations, and Related Programs Appropriations Act, 2008 

9 (division J of Public Law 110–161), an amount equivalent 

10 to the unpaid costs of damage to the United States Embassy 

11 in Belgrade, Serbia, as estimated by the Secretary of State, 

12 resulting from the February 21, 2008 attack on such Em13 bassy, shall be withheld from obligation for assistance for 

14 the central government of Serbia if the Secretary of State 

15 reports to the Committees on Appropriations that the Gov16 ernment of Serbia has failed to provide full compensation 

17 to the Department of State for damages to the United States 

18 Embassy resulting from the February 21, 2008 attack on 

19 such embassy. Section 8002 of this Act shall not apply to 

20 this section. 

21 RESCISSIONS

22 SEC. 1410. (a) WORLD FOOD PROGRAM.— 

23 (1) For an additional amount for a contribution 

24 to the World Food Program to assist farmers in coun25 tries affected by food shortages to increase crop yields, 

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1 notwithstanding any other provision of law, 

2 $20,000,000, to remain available until expended. 

3 (2) Of the funds appropriated under the heading 

4 ‘‘Andean Counterdrug Initiative’’ in prior Acts mak5 ing appropriations for foreign operations, export fi6 nancing, and related programs, $20,000,000 are re7 scinded. 

8 (b) SUDAN.— 

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

10 Narcotics Control and Law Enforcement’’, 

11 $10,000,000, for assistance for Sudan to support 

12 formed police units, to remain available until Sep13 tember 30, 2009, and subject to prior consultation 

14 with the Committees on Appropriations. 

15 (2) Of the funds appropriated under the heading 

16 ‘‘International Narcotics Control and Law Enforce17 ment’’ in prior Acts making appropriations for for18 eign operations, export financing, and related pro19 grams, $10,000,000 are rescinded. 

20 (c) RESCISSION.—Of the unobligated balances of funds 

21 appropriated for ‘‘Iraq Relief and Reconstruction Fund’’ 

22 in prior Acts making appropriations for foreign operations, 

23 export financing, and related programs, $50,000,000 are re24 scinded. 

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

2 apply to subsections (a) and (b) of this section. 

3 DARFUR PEACEKEEPING

4 SEC. 1411. Funds appropriated under the headings 

5 ‘‘Foreign Military Financing Program’’ and ‘‘Peacekeeping 

6 Operations’’ by the Department of State, Foreign Oper7 ations, and Related Programs Appropriations Act, 2008 

8 (division J of Public Law 110–161) and by prior Acts mak9 ing appropriations for foreign operations, export financing, 

10 and related programs may be used to transfer, equip, up11 grade, refurbish or lease helicopters or related equipment 

12 necessary to support the operations of the African Union/ 

13 United Nations peacekeeping operation in Darfur, Sudan, 

14 that was established pursuant to United Nations Security 

15 Council Resolution 1769. The President may utilize the au16 thority of sections 506 or 516 of the Foreign Assistance Act 

17 of 1961 (22 U.S.C. 2318, 2321j) or section 61 of the Arms 

18 Export Control Act (22 U.S.C. 2796) in order to provide 

19 such support, notwithstanding any other provision of law 

20 except for sections 502B(a)(2), 620A and 620J of the For21 eign Assistance Act of 1961 (22 U.S.C. 2304(a)(2), 2371, 

22 2378d) and section 40A of the Arms Export Control Act 

23 (22 U.S.C. 2780). Any exercise of the authorities provided 

24 by section 506 of the Foreign Assistance Act pursuant to 

25 this section may include the authority to acquire helicopters 

26 by contract. 

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1 TIBET

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

3 or prior Acts making appropriations for the Department 

4 of State, foreign operations and related programs under the 

5 headings ‘‘Diplomatic and Consular Programs’’ and ‘‘Em6 bassy Security, Construction, and Maintenance’’, up to 

7 $5,000,000 shall be made available to establish a United 

8 States Consulate in Lhasa, Tibet. 

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

10 opening a consular post in the United States by the People’s 

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

12 of China consents to opening a United States consular post 

13 in Lhasa, Tibet. 

14 JORDAN

15 (INCLUDING RESCISSION OF FUNDS)

16 SEC. 1413. (a) For an additional amount for ‘‘Eco17 nomic Support Fund’’ for assistance for Jordan, 

18 $25,000,000, to remain available until September 30, 2009. 

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

20 Financing Program’’ for assistance for Jordan, 

21 $33,000,000, to remain available until September 30, 2009. 

22 (c) Of the unobligated balances of funds appropriated 

23 under the heading ‘‘Millennium Challenge Corporation’’ in 

24 prior Acts making appropriations for foreign operations, 

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1 export financing, and related programs, $58,000,000 are re2 scinded. 

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

4 section. 

5 ALLOCATIONS

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

7 following accounts shall be made available for programs 

8 and countries in the amounts contained in the respective 

9 tables included in the explanatory statement printed in the 

10 Congressional Record accompanying this Act: 

11 ‘‘Diplomatic and Consular Programs’’ 

12 ‘‘Economic Support Fund’’. 

13 (b) Any proposed increases or decreases to the amounts 

14 contained in such tables in the explanatory statement print15 ed in the Congressional Record accompanying this Act shall 

16 be subject to the regular notification procedures of the Com17 mittees on Appropriations and section 634A of the Foreign 

18 Assistance Act of 1961. 

19 REPROGRAMMING AUTHORITY

20 SEC. 1415. Notwithstanding any other provision of 

21 law, to include minimum funding requirements or funding 

22 directives, funds made available under the headings ‘‘Devel23 opment Assistance’’ and ‘‘Economic Support Fund’’ in 

24 prior Acts making appropriations for foreign operations, 

25 export financing, and related programs may be made avail26 able to address critical food shortages, subject to prior conmmaher on MIKETEMP with BILLS

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1 sultation with, and the regular notification procedures of, 

2 the Committees on Appropriations. 

3 SPENDING PLANS AND NOTIFICATION PROCEDURES

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

5 later than 45 days after the enactment of this Act, the Sec6 retary of State shall submit to the Committees on Appro7 priations a report detailing planned expenditures for funds 

8 appropriated under the headings in subchapter A, except 

9 for funds appropriated under the headings ‘‘International 

10 Disaster Assistance’’, ‘‘Migration and Refugee Assistance’’, 

11 and ‘‘United States Emergency Refugee and Migration As12 sistance Fund’’. 

13 (b) SUBCHAPTER B SPENDING PLAN.—The Secretary 

14 of State shall submit to the Committees on Appropriations 

15 not later than November 1, 2008, and prior to the initial 

16 obligation of funds, a detailed spending plan for funds ap17 propriated or otherwise made available in subchapter B, 

18 except for funds appropriated under the headings ‘‘Inter19 national Disaster Assistance’’, ‘‘Migration and Refugee As20 sistance’’, and ‘‘United States Emergency Refugee and Mi21 gration Assistance Fund’’. 

22 (c) NOTIFICATION.—Funds made available in this 

23 chapter shall be subject to the regular notification proce24 dures of the Committees on Appropriations and section 

25 634A of the Foreign Assistance Act of 1961. 

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1 TERMS AND CONDITIONS

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

3 funds appropriated or otherwise made available by this 

4 chapter shall be available under the authorities and condi5 tions provided in the Department of State, Foreign Oper6 ations, and Related Programs Appropriations Act, 2008 

7 (division J of Public Law 110–161), except that section 

8 699K of such Act shall not apply to funds in this chapter. 

9 TITLE II—DOMESTIC MATTERS 

10 CHAPTER 1—FOOD AND DRUG ADMINISTRATION 

11 DEPARTMENT OF HEALTH AND HUMAN 

12 SERVICES 

13 FOOD AND DRUG ADMINISTRATION

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’, $150,000,000, to remain available until September 

17 30, 2009: Provided, That of the amount provided: (1) 

18 $66,792,000 shall be for the Center for Food Safety and Ap19 plied Nutrition and related field activities in the Office of 

20 Regulatory Affairs; (2) $28,019,000 shall be for the Center 

21 for Drug Evaluation and Research and related field activi22 ties in the Office of Regulatory Affairs; (3) $12,736,000 

23 shall be for the Center for Biologics Evaluation and Re24 search and related field activities in the Office of Regu25 latory Affairs; (4) $6,057,000 shall be for the Center for Vetmmaher on MIKETEMP with BILLS

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1 erinary Medicine and related field activities in the Office 

2 of Regulatory Affairs; (5) $20,094,000 shall be for the Cen3 ter for Devices and Radiological Health and related field 

4 activities in the Office of Regulatory Affairs; (6) $3,396,000 

5 shall be for the National Center for Toxicological Research; 

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

7 the Office of the Commissioner, the Office of Scientific and 

8 Medical Programs; the Office of Policy, Planning and Pre9 paredness; the Office of International and Special Pro10 grams; the Office of Operations; and central services for 

11 these offices. 

12 CHAPTER 2—COMMERCE, JUSTICE, AND SCIENCE 

13 DEPARTMENT OF COMMERCE 

14 BUREAU OF THE CENSUS

15 PERIODIC CENSUSES AND PROGRAMS

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for ‘‘Periodic Censuses and 

18 Programs’’, $210,000,000, to remain available until ex19 pended, for necessary expenses related to the 2010 Decennial 

20 Census: Provided, That not less than $3,000,000 shall be 

21 transferred to the ‘‘Office of Inspector General’’ at the De22 partment of Commerce for necessary expenses associated 

23 with oversight activities of the 2010 Decennial Census: Pro24 vided further, That not less than $1,000,000 shall be used 

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1 tract Management Agency to provide continuing contract 

2 management oversight of the 2010 Decennial Census. 

3 DEPARTMENT OF JUSTICE 

4 FEDERAL PRISON SYSTEM

5 SALARIES AND EXPENSES

6 For an additional amount for ‘‘Salaries and Ex7 penses’’, $178,000,000, to remain available until September 

8 30, 2008. 

9 OTHER AGENCIES 

10 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

11 SCIENCE, AERONAUTICS AND EXPLORATION

12 For an additional amount for ‘‘Science, Aeronautics 

13 and Exploration’’, $62,500,000. 

14 NATIONAL SCIENCE FOUNDATION

15 RESEARCH AND RELATED ACTIVITIES

16 For an additional amount for ‘‘Research and Related 

17 Activities’’, $22,500,000, of which $5,000,000 shall be avail18 able solely for activities authorized by section 

19 7002(b)(2)(A)(iv) of Public Law 110–69. 

20 EDUCATION AND HUMAN RESOURCES

21 For an additional amount for ‘‘Education and 

22 Human Resources’’, $40,000,000: Provided, That of the 

23 amount provided, $20,000,000 shall be available for activi24 ties authorized by section 10 of the National Science Foun25 dation Authorization Act of 2002 (42 U.S.C. 1862n–1) and 

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1 $20,000,000 shall be available for activities authorized by 

2 section 10A of the National Science Foundation Authoriza3 tion Act of 2002 (42 U.S.C. 1862n–1a). 

4 CHAPTER 3—ENERGY 

5 DEPARTMENT OF ENERGY 

6 ENERGY PROGRAMS 

7 SCIENCE

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

9 to remain available until expended. 

10 ENVIRONMENTAL AND OTHER DEFENSE 

11 ACTIVITIES 

12 DEFENSE ENVIRONMENTAL CLEANUP

13 For an additional amount for ‘‘Defense Environ14 mental Cleanup’’, $62,500,000, to remain available until 

15 expended. 

16 CHAPTER 4—LABOR AND HEALTH AND HUMAN 

17 SERVICES 

18 DEPARTMENT OF LABOR 

19 EMPLOYMENT AND TRAINING ADMINISTRATION

20 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

21 SERVICE OPERATIONS

22 For an additional amount for ‘‘State Unemployment 

23 Insurance and Employment Service Operations’’ for grants 

24 to the States for the administration of State unemployment 

25 insurance, $110,000,000, which may be expended from the 

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1 Employment Security Administration Account in the Un2 employment Trust Fund, to be used for unemployment in3 surance workloads experienced by the States through Sep4 tember 30, 2008, which shall be available for Federal obliga5 tion through December 31, 2008. 

6 DEPARTMENT OF HEALTH AND HUMAN 

7 SERVICES 

8 NATIONAL INSTITUTES OF HEALTH

9 OFFICE OF THE DIRECTOR

10 (INCLUDING TRANSFER OF FUNDS)

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

12 $150,000,000, which shall be transferred to the Institutes 

13 and Centers of the National Institutes of Health and to the 

14 Common Fund established under section 402A(c)(1) of the 

15 Public Health Service Act in proportion to the appropria16 tions otherwise made to such Institutes, Centers, and Com17 mon Fund for fiscal year 2008: Provided, That these funds 

18 shall be used to support additional scientific research and 

19 shall be merged with and be available for the same purposes 

20 and for the same time period as the appropriation or fund 

21 to which transferred: Provided further, That this transfer 

22 authority is in addition to any other transfer authority 

23 available to the National Institutes of Health: Provided fur24 ther, That none of these funds may be transferred to ‘‘Na25 tional Institutes of Health–Buildings and Facilities’’, the 

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1 Center for Scientific Review, the Center for Information 

2 Technology, the Clinical Center, the Global Fund for HIV/ 

3 AIDS, Tuberculosis and Malaria, or the Office of the Direc4 tor (except for the transfer to the Common Fund). 

5 CHAPTER 5—LEGISLATIVE BRANCH 

6 HOUSE OF REPRESENTATIVES 

7 PAYMENT TO WIDOWS AND HEIRS OF DECEASED

8 MEMBERS OF CONGRESS

9 For payment to Annette Lantos, widow of Tom Lan10 tos, late a Representative from the State of California, 

11 $169,300: Provided, That section 8002 shall not apply to 

12 this appropriation. 

13 TITLE III—NATURAL DISASTER RELIEF AND 

14 RECOVERY 

15 CHAPTER 1—AGRICULTURE 

16 DEPARTMENT OF AGRICULTURE 

17 FARM SERVICE AGENCY

18 EMERGENCY CONSERVATION PROGRAM

19 For an additional amount for the ‘‘Emergency Con20 servation Program’’, $89,413,000, to remain available until 

21 expended. 

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1 NATURAL RESOURCES CONSERVATION SERVICE

2 EMERGENCY WATERSHED PROTECTION PROGRAM

3 For an additional amount for the ‘‘Emergency Water4 shed Protection Program’’, $390,464,000, to remain avail5 able until expended. 

6 CHAPTER 2—COMMERCE 

7 DEPARTMENT OF COMMERCE 

8 ECONOMIC DEVELOPMENT ADMINISTRATION

9 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

10 Pursuant to section 703 of the Public Works and Eco11 nomic Development Act (42 U.S.C. 3233), for an additional 

12 amount for ‘‘Economic Development Assistance Programs’’, 

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

14 recovery, and restoration of infrastructure in areas covered 

15 by a declaration of major disaster under title IV of the Rob16 ert T. Stafford Disaster Relief and Emergency Assistance 

17 Act (42 U.S.C. 5121 et seq.) as a result of recent natural 

18 disasters, $100,000,000, to remain available until expended. 

19 CHAPTER 3—CORPS OF ENGINEERS 

20 DEPARTMENT OF DEFENSE—CIVIL 

21 DEPARTMENT OF THE ARMY 

22 CORPS OF ENGINEERS—CIVIL

23 CONSTRUCTION

24 For an additional amount for ‘‘Construction’’, for nec25 essary expenses to address emergency situations at Corps 

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1 of Engineers projects and rehabilitate and repair damages 

2 to Corps projects caused by recent natural disasters, 

3 $61,700,000, to remain available until expended. 

4 For an additional amount for ‘‘Construction’’, for nec5 essary expenses related to the consequences of Hurricane 

6 Katrina and other hurricanes of the 2005 season, 

7 $2,835,000,000, to become available on October 1, 2008, and 

8 to remain available until expended: Provided, That the Sec9 retary of the Army is directed to use $1,997,000,000 of the 

10 funds provided herein to modify authorized projects in 

11 southeast Louisiana to provide hurricane, storm and flood 

12 damage reduction in the greater New Orleans and sur13 rounding areas to the levels of protection necessary to 

14 achieve the certification required for participation in the 

15 National Flood Insurance Program under the base flood ele16 vations current at the time of enactment of this Act, and 

17 shall use $1,077,000,000 of those funds for the Lake Pont18 chartrain and Vicinity project and $920,000,000 of those 

19 funds for the West Bank and Vicinity project: Provided fur20 ther, That, in addition, $838,000,000 of the funds provided 

21 herein shall be for elements of Southeast Louisiana Urban 

22 Drainage project within the geographic perimeter of the 

23 West Bank and Vicinity and Lake Pontchartrain and Vi24 cinity projects, to provide for interior drainage of runoff 

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1 ability: Provided further, That the amounts provided herein 

2 shall be subject to a 65 percent Federal / 35 percent non3 Federal cost share for the specified purposes: Provided fur4 ther, That beginning not later than 60 days after the date 

5 of enactment of this Act, the Chief of Engineers, acting 

6 through the Assistant Secretary of the Army for Civil 

7 Works, shall provide monthly reports to the Committees on 

8 Appropriations of the House of Representatives and the 

9 Senate detailing the allocation and obligation of these 

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

11 provided above may be made without regard to individual 

12 amounts or purposes except that any reallocation of funds 

13 that is necessary to accomplish the established goals is au14 thorized subject to the approval of the House and Senate 

15 Committees on Appropriations. 

16 MISSISSIPPI RIVER AND TRIBUTARIES

17 For an additional amount for ‘‘Mississippi River and 

18 Tributaries’’ for recovery from natural disasters, 

19 $17,590,000, to remain available until expended, to repair 

20 damages to Federal projects caused by recent natural disas21 ters. 

22 OPERATION AND MAINTENANCE

23 For an additional amount for ‘‘Operation and Mainte24 nance’’ to dredge navigation channels and repair other 

25 Corps projects related to natural disasters, $298,344,000, 

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1 to remain available until expended: Provided, That the 

2 Chief of Engineers, acting through the Assistant Secretary 

3 of the Army for Civil Works, shall provide a monthly report 

4 to the House and Senate Committees on Appropriations de5 tailing the allocation and obligation of these funds, begin6 ning not later than 60 days after enactment of this Act. 

7 FLOOD CONTROL AND COASTAL EMERGENCIES

8 For an additional amount for ‘‘Flood Control and 

9 Coastal Emergencies’’, as authorized by section 5 of the Act 

10 of August 18, 1941 (33 U.S.C. 701n), for necessary expenses 

11 to prepare for flood, hurricane and other natural disasters 

12 and support emergency operations, repair and other activi13 ties in response to flood and hurricane emergencies as au14 thorized by law, $226,854,800, to remain available until 

15 expended. 

16 For an additional amount for ‘‘Flood Control and 

17 Coastal Emergencies’’, as authorized by section 5 of the Act 

18 of August 18, 1941 (33 U.S.C. 701n), for necessary expenses 

19 relating to the consequences of Hurricane Katrina and other 

20 hurricanes of the 2005 season, $2,926,000,000, to become 

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

22 expended: Provided, That funds provided herein shall be 

23 used to reduce the risk of hurricane and storm damages to 

24 the greater New Orleans metropolitan area, at full Federal 

25 expense, for the following: $704,000,000 shall be used to 

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1 modify the 17th Street, Orleans Avenue, and London Ave2 nue drainage canals and install pumps and closure struc3 tures at or near the lakefront; $90,000,000 shall be used for 

4 storm-proofing interior pump stations to ensure the oper5 ability of the stations during hurricanes, storms, and high 

6 water events; $459,000,000 shall be used for armoring crit7 ical elements of the New Orleans hurricane and storm dam8 age reduction system; $53,000,000 shall be used to improve 

9 protection at the Inner Harbor Navigation Canal; 

10 $456,000,000 shall be used to replace or modify certain non11 Federal levees in Plaquemines Parish to incorporate the lev12 ees into the existing New Orleans to Venice hurricane pro13 tection project; $412,000,000 shall be used for reinforcing 

14 or replacing flood walls, as necessary, in the existing Lake 

15 Pontchartrain and Vicinity project and the existing West 

16 Bank and Vicinity project to improve the performance of 

17 the systems; $393,000,000 shall be used for repair and res18 toration of authorized protections and floodwalls; and 

19 $359,000,000 shall be to complete the authorized protection 

20 for the Lake Ponchartrain and Vicinity, West Bank and 

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

22 further, That the Secretary of the Army, within available 

23 funds, is directed to continue the NEPA alternative evalua24 tion of all options with particular attention to Options 1, 

25 2 and 2a of the report to Congress, dated August 30, 2007, 

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1 provided in response to the requirements of chapter 3, sec2 tion 4303 of Public Law 110–28, and within 90 days of 

3 enactment of this Act provide the House and Senate Com4 mittees on Appropriations cost estimates to implement Op5 tions 1, 2 and 2a of the above cited report: Provided further, 

6 That beginning not later than 60 days after the date of en7 actment of this Act, the Chief of Engineers, acting through 

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

9 provide monthly reports to the Committees on Appropria10 tions of the House of Representatives and the Senate detail11 ing the allocation and obligation of these funds: Provided 

12 further, That any project using funds appropriated under 

13 this heading shall be initiated only after non-Federal inter14 ests have entered into binding agreements with the Assistant 

15 Secretary of the Army for Civil Works requiring the non16 Federal interests to pay 100 percent of the operation, main17 tenance, repair, replacement, and rehabilitation costs of 

18 completed elements and to hold and save the United States 

19 free from damages due to the construction, operation, and 

20 maintenance of the project, except for damages due to the 

21 fault or negligence of the United States or its contractors: 

22 Provided further, That the expenditure of funds as provided 

23 above may be made without regard to individual amounts 

24 or purposes except that any reallocation of funds that is 

25 necessary to accomplish the established goals is authorized 

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1 subject to the approval of the House and Senate Committees 

2 on Appropriations. 

3 EXPENSES

4 For an additional amount for ‘‘Expenses’’ for in5 creased efforts by the Mississippi Valley Division to oversee 

6 emergency response and recovery activities related to the 

7 consequences of hurricanes in the Gulf of Mexico in 2005, 

8 $1,500,000 to remain available until expended. 

9 CHAPTER 4—SMALL BUSINESS 

10 SMALL BUSINESS ADMINISTRATION

11 DISASTER LOANS PROGRAM ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

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

14 of the Small Business Act, for necessary expenses related 

15 to flooding in Midwestern States and other natural disas16 ters, $164,939,000, to remain available until expended: Pro17 vided, That such costs, including the cost of modifying such 

18 loans, shall be as defined in section 502 of the Congressional 

19 Budget Act of 1974. 

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

21 program in response to flooding in Midwestern States and 

22 other natural disasters, including onsite assistance to dis23 aster victims, increased staff at call centers, processing cen24 ters, and field inspections teams, and attorneys to assist 

25 in loan closings, $101,814,000, to remain available until 

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1 expended, of which $1,000,000 is for the Office of Inspector 

2 General of the Small Business Administration for audits 

3 and reviews of disaster loans and the disaster loan program 

4 and shall be paid to appropriations for the Office of Inspec5 tor General; of which $94,814,000 is for direct administra6 tive expenses of loan making and servicing to carry out the 

7 direct loan program, which may be paid to appropriations 

8 for Salaries and Expenses; and of which $6,000,000 is for 

9 indirect administrative expenses, which may be paid to ap10 propriations for Salaries and Expenses. 

11 CHAPTER 5—FEMA DISASTER RELIEF 

12 DEPARTMENT OF HOMELAND SECURITY 

13 FEDERAL EMERGENCY MANAGEMENT AGENCY

14 DISASTER RELIEF

15 For an additional amount for ‘‘Disaster Relief’’, 

16 $897,000,000, to remain available until expended. 

17 CHAPTER 6—HOUSING AND URBAN 

18 DEVELOPMENT 

19 DEPARTMENT OF HOUSING AND URBAN 

20 DEVELOPMENT 

21 PERMANENT SUPPORTIVE HOUSING

22 For the provision of 3,000 units of permanent sup23 portive housing as referenced in the Road Home Program 

24 of the Louisiana Recovery Authority approved by the Sec25 retary of Housing and Urban Development, $73,000,000, 

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1 to remain available until expended, of which $20,000,000 

2 shall be for project-based vouchers under section 8(o)(13) 

3 of the United States Housing Act of 1937 (42 U.S.C. 

4 1437f(o)(13)), including administrative expenses not to ex5 ceed $3,000,000, and $50,000,000 shall be for grants under 

6 the Shelter Plus Care program as authorized under subtitle 

7 F of title IV of the McKinney-Vento Homeless Assistance 

8 Act (42 U.S.C. 11403 et seq.): Provided, That the Secretary 

9 of Housing and Urban Development shall, upon request, 

10 make funds available under this paragraph to the State of 

11 Louisiana or its designee or designees, upon request: Pro12 vided further, That notwithstanding any other provision of 

13 law, for the purpose of administering the amounts provided 

14 under this paragraph, the State of Louisiana or its designee 

15 or designees may act in all respects as a public housing 

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

17 Housing Act of 1937 (42 U.S.C. 1437a(b)(6)): Provided fur18 ther, That subparagraphs (B) and (D) of section 8(o)(13) 

19 of the United States Housing Act of 1937 (42 U.S.C. 

20 1437f(o)(13)) shall not apply with respect to vouchers made 

21 available under this paragraph. 

22 COMMUNITY PLANNING AND DEVELOPMENT

23 COMMUNITY DEVELOPMENT FUND

24 For an additional amount for ‘‘Community Develop25 ment Fund’’, for necessary expenses related to disaster remmaher on MIKETEMP with BILLS

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1 lief, long-term recovery, and restoration of infrastructure in 

2 areas covered by a declaration of major disaster under title 

3 IV of the Robert T. Stafford Disaster Relief and Emergency 

4 Assistance Act (42 U.S.C. 5121 et seq.) as a result of recent 

5 natural disasters, $300,000,000, to remain available until 

6 expended, for activities authorized under title I of the Hous7 ing and Community Development Act of 1974 (Public Law 

8 93–383): Provided, That funds provided under this heading 

9 shall be administered through an entity or entities des10 ignated by the Governor of each State: Provided further, 

11 That such funds may not be used for activities reimbursable 

12 by or for which funds are made available by the Federal 

13 Emergency Management Agency or the Army Corps of En14 gineers: Provided further, That funds allocated under this 

15 heading shall not adversely affect the amount of any for16 mula assistance received by a State under this heading: 

17 Provided further, That each State may use up to five per18 cent of its allocation for administrative costs: Provided fur19 ther, That in administering the funds under this heading, 

20 the Secretary of Housing and Urban Development shall 

21 waive, or specify alternative requirements for, any provi22 sion of any statute or regulation that the Secretary admin23 isters in connection with the obligation by the Secretary 

24 or the use by the recipient of these funds or guarantees (ex25 cept for requirements related to fair housing, nonmmaher on MIKETEMP with BILLS

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1 discrimination, labor standards, and the environment), 

2 upon a request by the State that such waiver is required 

3 to facilitate the use of such funds or guarantees, and a find4 ing by the Secretary that such waiver would not be incon5 sistent with the overall purpose of the statute, as modified: 

6 Provided further, That the Secretary may waive the re7 quirement that activities benefit persons of low and mod8 erate income, except that at least 50 percent of the funds 

9 made available under this heading must benefit primarily 

10 persons of low and moderate income unless the Secretary 

11 otherwise makes a finding of compelling need: Provided fur12 ther, That the Secretary shall publish in the Federal Reg13 ister any waiver of any statute or regulation that the Sec14 retary administers pursuant to title I of the Housing and 

15 Community Development Act of 1974 no later than 5 days 

16 before the effective date of such waiver: Provided further, 

17 That every waiver made by the Secretary must be reconsid18 ered according to the three previous provisos on the two19 year anniversary of the day the Secretary published the 

20 waiver in the Federal Register: Provided further, That prior 

21 to the obligation of funds each State shall submit a plan 

22 to the Secretary detailing the proposed use of all funds, in23 cluding criteria for eligibility and how the use of these funds 

24 will address long-term recovery and restoration of infra25 structure: Provided further, That each State will report 

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1 quarterly to the Committees on Appropriations on all 

2 awards and uses of funds made available under this head3 ing, including specifically identifying all awards of sole4 source contracts and the rationale for making the award 

5 on a sole-source basis: Provided further, That the Secretary 

6 shall notify the Committees on Appropriations on any pro7 posed allocation of any funds and any related waivers made 

8 pursuant to these provisions under this heading no later 

9 than 5 days before such waiver is made: Provided further, 

10 That the Secretary shall establish procedures to prevent re11 cipients from receiving any duplication of benefits and re12 port quarterly to the Committees on Appropriations with 

13 regard to all steps taken to prevent fraud and abuse of funds 

14 made available under this heading including duplication 

15 of benefits. 

16 TITLE IV—EMERGENCY UNEMPLOYMENT 

17 COMPENSATION 

18 FEDERAL-STATE AGREEMENTS

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

20 to do so may enter into and participate in an agreement 

21 under this title with the Secretary of Labor (in this title 

22 referred to as the ‘‘Secretary’’). Any State which is a party 

23 to an agreement under this title may, upon providing 30 

24 days’ written notice to the Secretary, terminate such agree25 ment. 

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1 (b) PROVISIONS OF AGREEMENT.—Any agreement 

2 under subsection (a) shall provide that the State agency of 

3 the State will make payments of emergency unemployment 

4 compensation to individuals who— 

5 (1) have exhausted all rights to regular com6 pensation under the State law or under Federal law 

7 with respect to a benefit year (excluding any benefit 

8 year that ended before May 1, 2007); 

9 (2) have no rights to regular compensation or ex10 tended compensation with respect to a week under 

11 such law or any other State unemployment compensa12 tion law or to compensation under any other Federal 

13 law (except as provided under subsection (e)); and 

14 (3) are not receiving compensation with respect 

15 to such week under the unemployment compensation 

16 law of Canada. 

17 (c) EXHAUSTION OF BENEFITS.—For purposes of sub18 section (b)(1), an individual shall be deemed to have ex19 hausted such individual’s rights to regular compensation 

20 under a State law when— 

21 (1) no payments of regular compensation can be 

22 made under such law because such individual has re23 ceived all regular compensation available to such in24 dividual based on employment or wages during such 

25 individual’s base period; or 

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1 (2) such individual’s rights to such compensation 

2 have been terminated by reason of the expiration of 

3 the benefit year with respect to which such rights ex4 isted. 

5 (d) WEEKLY BENEFIT AMOUNT, ETC.—For purposes 

6 of any agreement under this title— 

7 (1) the amount of emergency unemployment 

8 compensation which shall be payable to any indi9 vidual for any week of total unemployment shall be 

10 equal to the amount of the regular compensation (in11 cluding dependents’ allowances) payable to such indi12 vidual during such individual’s benefit year under 

13 the State law for a week of total unemployment; 

14 (2) the terms and conditions of the State law 

15 which apply to claims for regular compensation and 

16 to the payment thereof shall apply to claims for emer17 gency unemployment compensation and the payment 

18 thereof, except— 

19 (A) that an individual shall not be eligible 

20 for emergency unemployment compensation 

21 under this title unless, in the base period with 

22 respect to which the individual exhausted all 

23 rights to regular compensation under the State 

24 law, the individual had 20 weeks of full-time in25 sured employment or the equivalent in insured 

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1 wages, as determined under the provisions of the 

2 State law implementing section 202(a)(5) of the 

3 Federal-State Extended Unemployment Com4 pensation Act of 1970 (26 U.S.C. 3304 note); 

5 and 

6 (B) where otherwise inconsistent with the 

7 provisions of this title or with the regulations or 

8 operating instructions of the Secretary promul9 gated to carry out this title; and 

10 (3) the maximum amount of emergency unem11 ployment compensation payable to any individual for 

12 whom an emergency unemployment compensation ac13 count is established under section 4002 shall not ex14 ceed the amount established in such account for such 

15 individual. 

16 (e) ELECTION BY STATES.—Notwithstanding any 

17 other provision of Federal law (and if State law permits), 

18 the Governor of a State that is in an extended benefit period 

19 may provide for the payment of emergency unemployment 

20 compensation prior to extended compensation to individ21 uals who otherwise meet the requirements of this section. 

22 (f) UNAUTHORIZED ALIENS INELIGIBLE.—A State 

23 shall require as a condition of eligibility for emergency un24 employment compensation under this Act that each alien 

25 who receives such compensation must be legally authorized 

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1 to work in the United States, as defined for purposes of 

2 the Federal Unemployment Tax Act (26 U.S.C. 3301 et 

3 seq.). In determining whether an alien meets the require4 ments of this subsection, a State must follow the procedures 

5 provided in section 1137(d) of the Social Security Act (42 

6 U.S.C. 1320b–7(d)). 

7 EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT

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

9 this title shall provide that the State will establish, for each 

10 eligible individual who files an application for emergency 

11 unemployment compensation, an emergency unemployment 

12 compensation account with respect to such individual’s ben13 efit year. 

14 (b) AMOUNT IN ACCOUNT.— 

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

16 account under subsection (a) shall be equal to the less17 er of— 

18 (A) 50 percent of the total amount of reg19 ular compensation (including dependents’ allow20 ances) payable to the individual during the indi21 vidual’s benefit year under such law, or 

22 (B) 13 times the individual’s average week23 ly benefit amount for the benefit year. 

24 (2) WEEKLY BENEFIT AMOUNT.—For purposes of 

25 this subsection, an individual’s weekly benefit amount 

26 for any week is the amount of regular compensation 

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1 (including dependents’ allowances) under the State 

2 law payable to such individual for such week for total 

3 unemployment. 

4 PAYMENTS TO STATES HAVING AGREEMENTS FOR THE

5 PAYMENT OF EMERGENCY UNEMPLOYMENT COMPENSATION

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

7 to each State that has entered into an agreement under this 

8 title an amount equal to 100 percent of the emergency un9 employment compensation paid to individuals by the State 

10 pursuant to such agreement. 

11 (b) TREATMENT OF REIMBURSABLE COMPENSA12 TION.—No payment shall be made to any State under this 

13 section in respect of any compensation to the extent the 

14 State is entitled to reimbursement in respect of such com15 pensation under the provisions of any Federal law other 

16 than this title or chapter 85 of title 5, United States Code. 

17 A State shall not be entitled to any reimbursement under 

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

19 the State is entitled to reimbursement under this title in 

20 respect of such compensation. 

21 (c) DETERMINATION OF AMOUNT.—Sums payable to 

22 any State by reason of such State having an agreement 

23 under this title shall be payable, either in advance or by 

24 way of reimbursement (as may be determined by the Sec25 retary), in such amounts as the Secretary estimates the 

26 State will be entitled to receive under this title for each calmmaher on MIKETEMP with BILLS

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1 endar month, reduced or increased, as the case may be, by 

2 any amount by which the Secretary finds that the Sec3 retary’s estimates for any prior calendar month were great4 er or less than the amounts which should have been paid 

5 to the State. Such estimates may be made on the basis of 

6 such statistical, sampling, or other method as may be agreed 

7 upon by the Secretary and the State agency of the State 

8 involved. 

9 FINANCING PROVISIONS

10 SEC. 4004. (a) IN GENERAL.—Funds in the extended 

11 unemployment compensation account (as established by sec12 tion 905(a) of the Social Security Act (42 U.S.C. 1105(a)) 

13 of the Unemployment Trust Fund (as established by section 

14 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for 

15 the making of payments to States having agreements en16 tered into under this title. 

17 (b) CERTIFICATION.—The Secretary shall from time to 

18 time certify to the Secretary of the Treasury for payment 

19 to each State the sums payable to such State under this 

20 title. The Secretary of the Treasury, prior to audit or settle21 ment by the Government Accountability Office, shall make 

22 payments to the State in accordance with such certification, 

23 by transfers from the extended unemployment compensation 

24 account (as so established) to the account of such State in 

25 the Unemployment Trust Fund (as so established). 

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1 (c) ASSISTANCE TO STATES.—There are appropriated 

2 out of the employment security administration account (as 

3 established by section 901(a) of the Social Security Act (42 

4 U.S.C. 1101(a)) of the Unemployment Trust Fund, without 

5 fiscal year limitation, such funds as may be necessary for 

6 purposes of assisting States (as provided in title III of the 

7 Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 

8 costs of administration of agreements under this title. 

9 (d) APPROPRIATIONS FOR CERTAIN PAYMENTS.— 

10 There are appropriated from the general fund of the Treas11 ury, without fiscal year limitation, to the extended unem12 ployment compensation account (as so established) of the 

13 Unemployment Trust Fund (as so established) such sums 

14 as the Secretary estimates to be necessary to make the pay15 ments under this section in respect of— 

16 (1) compensation payable under chapter 85 of 

17 title 5, United States Code; and 

18 (2) compensation payable on the basis of services 

19 to which section 3309(a)(1) of the Internal Revenue 

20 Code of 1986 applies. 

21 Amounts appropriated pursuant to the preceding sentence 

22 shall not be required to be repaid. 

23 FRAUD AND OVERPAYMENTS

24 SEC. 4005. (a) IN GENERAL.—If an individual know25 ingly has made, or caused to be made by another, a false 

26 statement or representation of a material fact, or knowingly 

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1 has failed, or caused another to fail, to disclose a material 

2 fact, and as a result of such false statement or representa3 tion or of such nondisclosure such individual has received 

4 an amount of emergency unemployment compensation 

5 under this title to which such individual was not entitled, 

6 such individual— 

7 (1) shall be ineligible for further emergency un8 employment compensation under this title in accord9 ance with the provisions of the applicable State un10 employment compensation law relating to fraud in 

11 connection with a claim for unemployment compensa12 tion; and 

13 (2) shall be subject to prosecution under section 

14 1001 of title 18, United States Code. 

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

16 received amounts of emergency unemployment compensa17 tion under this title to which they were not entitled, the 

18 State shall require such individuals to repay the amounts 

19 of such emergency unemployment compensation to the State 

20 agency, except that the State agency may waive such repay21 ment if it determines that— 

22 (1) the payment of such emergency unemploy23 ment compensation was without fault on the part of 

24 any such individual; and 

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1 (2) such repayment would be contrary to equity 

2 and good conscience. 

3 (c) RECOVERY BY STATE AGENCY.— 

4 (1) IN GENERAL.—The State agency may recover 

5 the amount to be repaid, or any part thereof, by de6 ductions from any emergency unemployment com7 pensation payable to such individual under this title 

8 or from any unemployment compensation payable to 

9 such individual under any State or Federal unem10 ployment compensation law administered by the 

11 State agency or under any other State or Federal law 

12 administered by the State agency which provides for 

13 the payment of any assistance or allowance with re14 spect to any week of unemployment, during the 3-year 

15 period after the date such individuals received the 

16 payment of the emergency unemployment compensa17 tion to which they were not entitled, except that no 

18 single deduction may exceed 50 percent of the weekly 

19 benefit amount from which such deduction is made. 

20 (2) OPPORTUNITY FOR HEARING.—No repayment 

21 shall be required, and no deduction shall be made, 

22 until a determination has been made, notice thereof 

23 and an opportunity for a fair hearing has been given 

24 to the individual, and the determination has become 

25 final. 

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

2 under this section shall be subject to review in the same 

3 manner and to the same extent as determinations under 

4 the State unemployment compensation law, and only in 

5 that manner and to that extent. 

6 DEFINITIONS

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

8 ‘‘regular compensation’’, ‘‘extended compensation’’, ‘‘benefit 

9 year’’, ‘‘base period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, 

10 and ‘‘week’’ have the respective meanings given such terms 

11 under section 205 of the Federal-State Extended Unemploy12 ment Compensation Act of 1970 (26 U.S.C. 3304 note). 

13 APPLICABILITY

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

15 subsection (b), an agreement entered into under this title 

16 shall apply to weeks of unemployment— 

17 (1) beginning after the date on which such agree18 ment is entered into; and 

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

20 (b) TRANSITION FOR AMOUNT REMAINING IN AC21 COUNT.— 

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

23 the case of an individual who has amounts remaining 

24 in an account established under section 4002 as of the 

25 last day of the last week (as determined in accordance 

26 with the applicable State law) ending on or before 

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1 March 31, 2009, emergency unemployment compensa2 tion shall continue to be payable to such individual 

3 from such amounts for any week beginning after such 

4 last day for which the individual meets the eligibility 

5 requirements of this title. 

6 (2) LIMIT ON COMPENSATION.—No compensation 

7 shall be payable by reason of paragraph (1) for any 

8 week beginning after June 30, 2009. 

9 TITLE V—VETERANS EDUCATIONAL ASSISTANCE 

10 SHORT TITLE

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

12 Veterans Educational Assistance Act of 2008’’. 

13 FINDINGS

14 SEC. 5002. Congress makes the following findings: 

15 (1) On September 11, 2001, terrorists attacked 

16 the United States, and the brave members of the 

17 Armed Forces of the United States were called to the 

18 defense of the Nation. 

19 (2) Service on active duty in the Armed Forces 

20 has been especially arduous for the members of the 

21 Armed Forces since September 11, 2001. 

22 (3) The United States has a proud history of of23 fering educational assistance to millions of veterans, 

24 as demonstrated by the many ‘‘G.I. Bills’’ enacted 

25 since World War II. Educational assistance for vet26 erans helps reduce the costs of war, assist veterans in 

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1 readjusting to civilian life after wartime service, and 

2 boost the United States economy, and has a positive 

3 effect on recruitment for the Armed Forces. 

4 (4) The current educational assistance program 

5 for veterans is outmoded and designed for peacetime 

6 service in the Armed Forces. 

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

8 military service and recognize the difficult challenges 

9 involved in readjusting to civilian life after wartime 

10 service in the Armed Forces. 

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

12 States to provide veterans who serve on active duty 

13 in the Armed Forces after September 11, 2001, with 

14 enhanced educational assistance benefits that are wor15 thy of such service and are commensurate with the 

16 educational assistance benefits provided by a grateful 

17 Nation to veterans of World War II. 

18 EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED

19 FORCES WHO SERVE AFTER SEPTEMBER 11, 2001

20 SEC. 5003. (a) EDUCATIONAL ASSISTANCE AUTHOR21 IZED.— 

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

23 States Code, is amended by inserting after chapter 32 

24 the following new chapter: 

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1 ‘‘CHAPTER 33—POST–9/11 EDUCATIONAL 

2 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. 

3 ‘‘SUBCHAPTER I—DEFINITIONS 

4 ‘‘§ 3301. Definitions 

5 ‘‘In this chapter: 

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

7 follows (subject to the limitations specified in sections 

8 3002(6) and 3311(b)): 

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

10 components of the Armed Forces, the meaning 

11 given such term in section 101(21)(A). 

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

13 components of the Armed Forces, service on acmmaher on MIKETEMP with BILLS

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1 tive duty under a call or order to active duty 

2 under section 688, 12301(a), 12301(d), 12301(g), 

3 12302, or 12304 of title 10. 

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

5 means the following: 

6 ‘‘(A) In the case of members of the Army, 

7 Basic Combat Training and Advanced Indi8 vidual Training. 

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

10 Recruit Training (or Boot Camp) and Skill 

11 Training (or so-called ‘A’ School). 

12 ‘‘(C) In the case of members of the Air 

13 Force, Basic Military Training and Technical 

14 Training. 

15 ‘‘(D) In the case of members of the Marine 

16 Corps, Recruit Training and Marine Corps 

17 Training (or School of Infantry Training). 

18 ‘‘(E) In the case of members of the Coast 

19 Guard, Basic Training. 

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

21 meaning given such term in section 3002, except to 

22 the extent otherwise provided in section 3313. 

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

24 Secretary of Defense, except that the term means the 

25 Secretary of Homeland Security with respect to the 

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1 Coast Guard when it is not operating as a service in 

2 the Navy. 

3 ‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE 

4 ‘‘§ 3311. Educational assistance for service in the 

5 Armed Forces commencing on or after 

6 September 11, 2001: entitlement 

7 ‘‘(a) ENTITLEMENT.—Subject to subsections (d) and 

8 (e), each individual described in subsection (b) is entitled 

9 to educational assistance under this chapter. 

10 ‘‘(b) COVERED INDIVIDUALS.—An individual described 

11 in this subsection is any individual as follows: 

12 ‘‘(1) An individual who— 

13 ‘‘(A) commencing on or after September 11, 

14 2001, serves an aggregate of at least 36 months 

15 on active duty in the Armed Forces (including 

16 service on active duty in entry level and skill 

17 training); and 

18 ‘‘(B) after completion of service described in 

19 subparagraph (A)— 

20 ‘‘(i) continues on active duty; or 

21 ‘‘(ii) is discharged or released from ac22 tive duty as described in subsection (c). 

23 ‘‘(2) An individual who— 

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1 ‘‘(A) commencing on or after September 11, 

2 2001, serves at least 30 continuous days on ac3 tive duty in the Armed Forces; and 

4 ‘‘(B) after completion of service described in 

5 subparagraph (A), is discharged or released from 

6 active duty in the Armed Forces for a service7 connected disability. 

8 ‘‘(3) An individual who— 

9 ‘‘(A) commencing on or after September 11, 

10 2001, serves an aggregate of at least 30 months, 

11 but less than 36 months, on active duty in the 

12 Armed Forces (including service on active duty 

13 in entry level and skill training); and 

14 ‘‘(B) after completion of service described in 

15 subparagraph (A)— 

16 ‘‘(i) continues on active duty for an 

17 aggregate of less than 36 months; or 

18 ‘‘(ii) before completion of service on ac19 tive duty of an aggregate of 36 months, is 

20 discharged or released from active duty as 

21 described in subsection (c). 

22 ‘‘(4) An individual who— 

23 ‘‘(A) commencing on or after September 11, 

24 2001, serves an aggregate of at least 24 months, 

25 but less than 30 months, on active duty in the 

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1 Armed Forces (including service on active duty 

2 in entry level and skill training); and 

3 ‘‘(B) after completion of service described in 

4 subparagraph (A)— 

5 ‘‘(i) continues on active duty for an 

6 aggregate of less than 30 months; or 

7 ‘‘(ii) before completion of service on ac8 tive duty of an aggregate of 30 months, is 

9 discharged or released from active duty as 

10 described in subsection (c). 

11 ‘‘(5) An individual who— 

12 ‘‘(A) commencing on or after September 11, 

13 2001, serves an aggregate of at least 18 months, 

14 but less than 24 months, on active duty in the 

15 Armed Forces (excluding service on active duty 

16 in entry level and skill training); and 

17 ‘‘(B) after completion of service described in 

18 subparagraph (A)— 

19 ‘‘(i) continues on active duty for an 

20 aggregate of less than 24 months; or 

21 ‘‘(ii) before completion of service on ac22 tive duty of an aggregate of 24 months, is 

23 discharged or released from active duty as 

24 described in subsection (c). 

25 ‘‘(6) An individual who— 

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1 ‘‘(A) commencing on or after September 11, 

2 2001, serves an aggregate of at least 12 months, 

3 but less than 18 months, on active duty in the 

4 Armed Forces (excluding service on active duty 

5 in entry level and skill training); and 

6 ‘‘(B) after completion of service described in 

7 subparagraph (A)— 

8 ‘‘(i) continues on active duty for an 

9 aggregate of less than 18 months; or 

10 ‘‘(ii) before completion of service on ac11 tive duty of an aggregate of 18 months, is 

12 discharged or released from active duty as 

13 described in subsection (c). 

14 ‘‘(7) An individual who— 

15 ‘‘(A) commencing on or after September 11, 

16 2001, serves an aggregate of at least 6 months, 

17 but less than 12 months, on active duty in the 

18 Armed Forces (excluding service on active duty 

19 in entry level and skill training); and 

20 ‘‘(B) after completion of service described in 

21 subparagraph (A)— 

22 ‘‘(i) continues on active duty for an 

23 aggregate of less than 12 months; or 

24 ‘‘(ii) before completion of service on ac25 tive duty of an aggregate of 12 months, is 

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1 discharged or released from active duty as 

2 described in subsection (c). 

3 ‘‘(8) An individual who— 

4 ‘‘(A) commencing on or after September 11, 

5 2001, serves an aggregate of at least 90 days, but 

6 less than 6 months, on active duty in the Armed 

7 Forces (excluding service on active duty in entry 

8 level and skill training); and 

9 ‘‘(B) after completion of service described in 

10 subparagraph (A)— 

11 ‘‘(i) continues on active duty for an 

12 aggregate of less than 6 months; or 

13 ‘‘(ii) before completion of service on ac14 tive duty of an aggregate of 6 months, is 

15 discharged or released from active duty as 

16 described in subsection (c). 

17 ‘‘(c) COVERED DISCHARGES AND RELEASES.—A dis18 charge or release from active duty of an individual de19 scribed in this subsection is a discharge or release as follows: 

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

21 Forces with an honorable discharge. 

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

23 Armed Forces characterized by the Secretary con24 cerned as honorable service and placement on the re25 tired list, transfer to the Fleet Reserve or Fleet Mammaher on MIKETEMP with BILLS

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1 rine Corps Reserve, or placement on the temporary 

2 disability retired list. 

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

4 Forces for further service in a reserve component of 

5 the Armed Forces after service on active duty charac6 terized by the Secretary concerned as honorable serv7 ice. 

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

9 the Armed Forces for— 

10 ‘‘(A) a medical condition which preexisted 

11 the service of the individual as described in the 

12 applicable paragraph of subsection (b) and 

13 which the Secretary determines is not service14 connected; 

15 ‘‘(B) hardship; or 

16 ‘‘(C) a physical or mental condition that 

17 was not characterized as a disability and did 

18 not result from the individual’s own willful mis19 conduct but did interfere with the individual’s 

20 performance of duty, as determined by the Sec21 retary concerned in accordance with regulations 

22 prescribed by the Secretary of Defense. 

23 ‘‘(d) PROHIBITION ON TREATMENT OF CERTAIN SERV24 ICE AS PERIOD OF ACTIVE DUTY.—The following periods 

25 of service shall not be considered a part of the period of 

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1 active duty on which an individual’s entitlement to edu2 cational assistance under this chapter is based: 

3 ‘‘(1) A period of service on active duty of an offi4 cer pursuant to an agreement under section 2107(b) 

5 of title 10. 

6 ‘‘(2) A period of service on active duty of an offi7 cer pursuant to an agreement under section 4348, 

8 6959, or 9348 of title 10. 

9 ‘‘(3) A period of service that is terminated be10 cause of a defective enlistment and induction based 

11 on— 

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

13 purposes of service in the Armed Forces; 

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

15 or 

16 ‘‘(C) a defective enlistment agreement. 

17 ‘‘(e) TREATMENT OF INDIVIDUALS ENTITLED UNDER

18 MULTIPLE PROVISIONS.—In the event an individual enti19 tled to educational assistance under this chapter is entitled 

20 by reason of both paragraphs (4) and (5) of subsection (b), 

21 the individual shall be treated as being entitled to edu22 cational assistance under this chapter by reason of para23 graph (5) of subsection (b). 

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1 ‘‘§ 3312. Educational assistance: duration 

2 ‘‘(a) IN GENERAL.—Subject to section 3695 and except 

3 as provided in subsections (b) and (c), an individual enti4 tled to educational assistance under this chapter is entitled 

5 to a number of months of educational assistance under sec6 tion 3313 equal to 36 months. 

7 ‘‘(b) CONTINUING RECEIPT.—The receipt of edu8 cational assistance under section 3313 by an individual en9 titled to educational assistance under this chapter is subject 

10 to the provisions of section 3321(b)(2). 

11 ‘‘(c) DISCONTINUATION OF EDUCATION FOR ACTIVE

12 DUTY.— 

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

14 assistance described in paragraph (2) shall not— 

15 ‘‘(A) be charged against any entitlement to 

16 educational assistance of the individual con17 cerned under this chapter; or 

18 ‘‘(B) be counted against the aggregate pe19 riod for which section 3695 limits the individ20 ual’s receipt of educational assistance under this 

21 chapter. 

22 ‘‘(2) DESCRIPTION OF PAYMENT OF EDU23 CATIONAL ASSISTANCE.—Subject to paragraph (3), 

24 the payment of educational assistance described in 

25 this paragraph is the payment of such assistance to 

26 an individual for pursuit of a course or courses under 

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1 this chapter if the Secretary finds that the indi2 vidual— 

3 ‘‘(A)(i) in the case of an individual not 

4 serving on active duty, had to discontinue such 

5 course pursuit as a result of being called or or6 dered to serve on active duty under section 688, 

7 12301(a), 12301(d), 12301(g), 12302, or 12304 of 

8 title 10; or 

9 ‘‘(ii) in the case of an individual serving on 

10 active duty, had to discontinue such course pur11 suit as a result of being ordered to a new duty 

12 location or assignment or to perform an in13 creased amount of work; and 

14 ‘‘(B) failed to receive credit or lost training 

15 time toward completion of the individual’s ap16 proved education, professional, or vocational ob17 jective as a result of having to discontinue, as 

18 described in subparagraph (A), the individual’s 

19 course pursuit. 

20 ‘‘(3) PERIOD FOR WHICH PAYMENT NOT

21 CHARGED.—The period for which, by reason of this 

22 subsection, educational assistance is not charged 

23 against entitlement or counted toward the applicable 

24 aggregate period under section 3695 of this title shall 

25 not exceed the portion of the period of enrollment in 

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1 the course or courses from which the individual failed 

2 to receive credit or with respect to which the indi3 vidual lost training time, as determined under para4 graph (2)(B). 

5 ‘‘§ 3313. Educational assistance: amount; payment 

6 ‘‘(a) PAYMENT.—The Secretary shall pay to each indi7 vidual entitled to educational assistance under this chapter 

8 who is pursuing an approved program of education (other 

9 than a program covered by subsections (e) and (f)) the 

10 amounts specified in subsection (c) to meet the expenses of 

11 such individual’s subsistence, tuition, fees, and other edu12 cational costs for pursuit of such program of education. 

13 ‘‘(b) APPROVED PROGRAMS OF EDUCATION.—A pro14 gram of education is an approved program of education 

15 for purposes of this chapter if the program of education is 

16 offered by an institution of higher learning (as that term 

17 is defined in section 3452(f)) and is approved for purposes 

18 of chapter 30 (including approval by the State approving 

19 agency concerned). 

20 ‘‘(c) AMOUNT OF EDUCATIONAL ASSISTANCE.—The 

21 amounts payable under this subsection for pursuit of an 

22 approved program of education are amounts as follows: 

23 ‘‘(1) In the case of an individual entitled to edu24 cational assistance under this chapter by reason of 

25 section 3311(b)(1) or 3311(b)(2), amounts as follows: 

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1 ‘‘(A) An amount equal to the established 

2 charges for the program of education, except that 

3 the amount payable under this subparagraph 

4 may not exceed the maximum amount of estab5 lished charges regularly charged in-State stu6 dents for full-time pursuit of approved programs 

7 of education for undergraduates by the public in8 stitution of higher education offering approved 

9 programs of education for undergraduates in the 

10 State in which the individual is enrolled that 

11 has the highest rate of regularly-charged estab12 lished charges for such programs of education 

13 among all public institutions of higher education 

14 in such State offering such programs of edu15 cation. 

16 ‘‘(B) A monthly stipend in an amount as 

17 follows: 

18 ‘‘(i) For each month the individual 

19 pursues the program of education (other 

20 than, in the case of assistance under this 

21 section only, a program of education offered 

22 through distance learning), a monthly hous23 ing stipend amount equal to the monthly 

24 amount of the basic allowance for housing 

25 payable under section 403 of title 37 for a 

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1 member with dependents in pay grade E–5 

2 residing in the military housing area that 

3 encompasses all or the majority portion of 

4 the ZIP code area in which is located the 

5 institution of higher education at which the 

6 individual is enrolled. 

7 ‘‘(ii) For the first month of each quar8 ter, semester, or term, as applicable, of the 

9 program of education pursued by the indi10 vidual, a lump sum amount for books, sup11 plies, equipment, and other educational 

12 costs with respect to such quarter, semester, 

13 or term in the amount equal to— 

14 ‘‘(I) $1,000, multiplied by 

15 ‘‘(II) the fraction which is the 

16 portion of a complete academic year 

17 under the program of education that 

18 such quarter, semester, or term con19 stitutes. 

20 ‘‘(2) In the case of an individual entitled to edu21 cational assistance under this chapter by reason of 

22 section 3311(b)(3), amounts equal to 90 percent of the 

23 amounts that would be payable to the individual 

24 under paragraph (1) for the program of education if 

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1 gram of education under paragraph (1) rather than 

2 this paragraph. 

3 ‘‘(3) In the case of an individual entitled to edu4 cational assistance under this chapter by reason of 

5 section 3311(b)(4), amounts equal to 80 percent of the 

6 amounts that would be payable to the individual 

7 under paragraph (1) for the program of education if 

8 the individual were entitled to amounts for the pro9 gram of education under paragraph (1) rather than 

10 this paragraph. 

11 ‘‘(4) In the case of an individual entitled to edu12 cational assistance under this chapter by reason of 

13 section 3311(b)(5), amounts equal to 70 percent of the 

14 amounts that would be payable to the individual 

15 under paragraph (1) for the program of education if 

16 the individual were entitled to amounts for the pro17 gram of education under paragraph (1) rather than 

18 this paragraph. 

19 ‘‘(5) In the case of an individual entitled to edu20 cational assistance under this chapter by reason of 

21 section 3311(b)(6), amounts equal to 60 percent of the 

22 amounts that would be payable to the individual 

23 under paragraph (1) for the program of education if 

24 the individual were entitled to amounts for the prommaher on MIKETEMP with BILLS

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1 gram of education under paragraph (1) rather than 

2 this paragraph. 

3 ‘‘(6) In the case of an individual entitled to edu4 cational assistance under this chapter by reason of 

5 section 3311(b)(7), amounts equal to 50 percent of the 

6 amounts that would be payable to the individual 

7 under paragraph (1) for the program of education if 

8 the individual were entitled to amounts for the pro9 gram of education under paragraph (1) rather than 

10 this paragraph. 

11 ‘‘(7) In the case of an individual entitled to edu12 cational assistance under this chapter by reason of 

13 section 3311(b)(8), amounts equal to 40 percent of the 

14 amounts that would be payable to the individual 

15 under paragraph (1) for the program of education if 

16 the individual were entitled to amounts for the pro17 gram of education under paragraph (1) rather than 

18 this paragraph. 

19 ‘‘(d) FREQUENCY OF PAYMENT.— 

20 ‘‘(1) QUARTER, SEMESTER, OR TERM PAY21 MENTS.—Payment of the amounts payable under sub22 section (c)(1)(A), and of similar amounts payable 

23 under paragraphs (2) through (7) of subsection (c), 

24 for pursuit of a program of education shall be made 

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1 for the entire quarter, semester, or term, as applica2 ble, of the program of education. 

3 ‘‘(2) MONTHLY PAYMENTS.—Payment of the 

4 amount payable under subsection (c)(1)(B), and of 

5 similar amounts payable under paragraphs (2) 

6 through (7) of subsection (c), for pursuit of a program 

7 of education shall be made on a monthly basis. 

8 ‘‘(3) REGULATIONS.—The Secretary shall pre9 scribe in regulations methods for determining the 

10 number of months (including fractions thereof) of en11 titlement of an individual to educational assistance 

12 this chapter that are chargeable under this chapter for 

13 an advance payment of amounts under paragraphs 

14 (1) and (2) for pursuit of a program of education on 

15 a quarter, semester, term, or other basis. 

16 ‘‘(e) PROGRAMS OF EDUCATION PURSUED ON ACTIVE

17 DUTY.— 

18 ‘‘(1) IN GENERAL.—Educational assistance is 

19 payable under this chapter for pursuit of an approved 

20 program of education while on active duty. 

21 ‘‘(2) AMOUNT OF ASSISTANCE.—The amount of 

22 educational assistance payable under this chapter to 

23 an individual pursuing a program of education while 

24 on active duty is the lesser of— 

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1 ‘‘(A) the established charges which similarly 

2 circumstanced nonveterans enrolled in the pro3 gram of education involved would be required to 

4 pay; or 

5 ‘‘(B) the amount of the charges of the edu6 cational institution as elected by the individual 

7 in the manner specified in section 3014(b)(1) 

8 ‘‘(3) QUARTER, SEMESTER, OR TERM PAY9 MENTS.—Payment of the amount payable under 

10 paragraph (2) for pursuit of a program of education 

11 shall be made for the entire quarter, semester, or term, 

12 as applicable, of the program of education. 

13 ‘‘(4) MONTHLY PAYMENTS.—For each month (as 

14 determined pursuant to the methods prescribed under 

15 subsection (d)(3)) for which amounts are paid an in16 dividual under this subsection, the entitlement of the 

17 individual to educational assistance under this chap18 ter shall be charged at the rate of one month for each 

19 such month. 

20 ‘‘(f) PROGRAMS OF EDUCATION PURSUED ON HALF21 TIME BASIS OR LESS.— 

22 ‘‘(1) IN GENERAL.—Educational assistance is 

23 payable under this chapter for pursuit of an approved 

24 program of education on half-time basis or less. 

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1 ‘‘(2) AMOUNT OF ASSISTANCE.—The educational 

2 assistance payable under this chapter to an indi3 vidual pursuing a program of education on half-time 

4 basis or less is the amounts as follows: 

5 ‘‘(A) The amount equal to the lesser of— 

6 ‘‘(i) the established charges which simi7 larly circumstanced nonveterans enrolled in 

8 the program of education involved would be 

9 required to pay; or 

10 ‘‘(ii) the maximum amount that would 

11 be payable to the individual for the pro12 gram of education under paragraph (1)(A) 

13 of subsection (c), or under the provisions of 

14 paragraphs (2) through (7) of subsection (c) 

15 applicable to the individual, for the pro16 gram of education if the individual were en17 titled to amounts for the program of edu18 cation under subsection (c) rather than this 

19 subsection. 

20 ‘‘(B) A stipend in an amount equal to the 

21 amount of the appropriately reduced amount of 

22 the lump sum amount for books, supplies, equip23 ment, and other educational costs otherwise pay24 able to the individual under subsection (c). 

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1 ‘‘(3) QUARTER, TERM, OR SEMESTER PAY2 MENTS.—Payment of the amounts payable to an indi3 vidual under paragraph (2) for pursuit of a program 

4 of education on half-time basis or less shall be made 

5 for the entire quarter, semester, or term, as applica6 ble, of the program of education. 

7 ‘‘(4) MONTHLY PAYMENTS.—For each month (as 

8 determined pursuant to the methods prescribed under 

9 subsection (d)(3)) for which amounts are paid an in10 dividual under this subsection, the entitlement of the 

11 individual to educational assistance under this chap12 ter shall be charged at a percentage of a month equal 

13 to— 

14 ‘‘(A) the number of course hours borne by 

15 the individual in pursuit of the program of edu16 cation involved, divided by 

17 ‘‘(B) the number of course hours for full18 time pursuit of such program of education. 

19 ‘‘(g) PAYMENT OF ESTABLISHED CHARGES TO EDU20 CATIONAL INSTITUTIONS.—Amounts payable under sub21 sections (c)(1)(A) (and of similar amounts payable under 

22 paragraphs (2) through (7) of subsection (c)), (e)(2), and 

23 (f)(2)(A) shall be paid directly to the educational institu24 tion concerned. 

25 ‘‘(h) ESTABLISHED CHARGES DEFINED.— 

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1 ‘‘(1) IN GENERAL.—In this section, the term ‘es2 tablished charges’, in the case of a program of edu3 cation, means the actual charges (as determined pur4 suant to regulations prescribed by the Secretary) for 

5 tuition and fees which similarly circumstanced non6 veterans enrolled in the program of education would 

7 be required to pay. 

8 ‘‘(2) BASIS OF DETERMINATION.—Established 

9 charges shall be determined for purposes of this sub10 section on the following basis: 

11 ‘‘(A) In the case of an individual enrolled 

12 in a program of education offered on a term, 

13 quarter, or semester basis, the tuition and fees 

14 charged the individual for the term, quarter, or 

15 semester. 

16 ‘‘(B) In the case of an individual enrolled 

17 in a program of education not offered on a term, 

18 quarter, or semester basis, the tuition and fees 

19 charged the individual for the entire program of 

20 education. 

21 ‘‘§ 3314. Tutorial assistance 

22 ‘‘(a) IN GENERAL.—Subject to subsection (b), an indi23 vidual entitled to educational assistance under this chapter 

24 shall also be entitled to benefits provided an eligible veteran 

25 under section 3492. 

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1 ‘‘(b) CONDITIONS.— 

2 ‘‘(1) IN GENERAL.—The provision of benefits 

3 under subsection (a) shall be subject to the conditions 

4 applicable to an eligible veteran under section 3492. 

5 ‘‘(2) CERTIFICATION.—In addition to the condi6 tions specified in paragraph (1), benefits may not be 

7 provided to an individual under subsection (a) unless 

8 the professor or other individual teaching, leading, or 

9 giving the course for which such benefits are provided 

10 certifies that— 

11 ‘‘(A) such benefits are essential to correct a 

12 deficiency of the individual in such course; and 

13 ‘‘(B) such course is required as a part of, or 

14 is prerequisite or indispensable to the satisfac15 tory pursuit of, an approved program of edu16 cation. 

17 ‘‘(c) AMOUNT.— 

18 ‘‘(1) IN GENERAL.—The amount of benefits de19 scribed in subsection (a) that are payable under this 

20 section may not exceed $100 per month, for a max21 imum of 12 months, or until a maximum of $1,200 

22 is utilized. 

23 ‘‘(2) AS ADDITIONAL ASSISTANCE.—The amount 

24 provided an individual under this subsection is in 

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1 addition to the amounts of educational assistance 

2 paid the individual under section 3313. 

3 ‘‘(d) NO CHARGE AGAINST ENTITLEMENT.—Any bene4 fits provided an individual under subsection (a) are in ad5 dition to any other educational assistance benefits provided 

6 the individual under this chapter. 

7 ‘‘§ 3315. Licensure and certification tests 

8 ‘‘(a) IN GENERAL.—An individual entitled to edu9 cational assistance under this chapter shall also be entitled 

10 to payment for one licensing or certification test described 

11 in section 3452(b). 

12 ‘‘(b) LIMITATION ON AMOUNT.—The amount payable 

13 under subsection (a) for a licensing or certification test may 

14 not exceed the lesser of— 

15 ‘‘(1) $2,000; or 

16 ‘‘(2) the fee charged for the test. 

17 ‘‘(c) NO CHARGE AGAINST ENTITLEMENT.—Any 

18 amount paid an individual under subsection (a) is in addi19 tion to any other educational assistance benefits provided 

20 the individual under this chapter. 

21 ‘‘§ 3316. Supplemental educational assistance: mem22 bers with critical skills or specialty; mem23 bers serving additional service 

24 ‘‘(a) INCREASED ASSISTANCE FOR MEMBERS WITH

25 CRITICAL SKILLS OR SPECIALTY.— 

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1 ‘‘(1) IN GENERAL.—In the case of an individual 

2 who has a skill or specialty designated by the Sec3 retary concerned as a skill or specialty in which there 

4 is a critical shortage of personnel or for which it is 

5 difficult to recruit or, in the case of critical units, re6 tain personnel, the Secretary concerned may increase 

7 the monthly amount of educational assistance other8 wise payable to the individual under paragraph 

9 (1)(B) of section 3313(c), or under paragraphs (2) 

10 through (7) of such section (as applicable). 

11 ‘‘(2) MAXIMUM AMOUNT OF INCREASE IN ASSIST12 ANCE.—The amount of the increase in educational as13 sistance authorized by paragraph (1) may not exceed 

14 the amount equal to the monthly amount of increased 

15 basic educational assistance providable under section 

16 3015(d)(1) at the time of the increase under para17 graph (1). 

18 ‘‘(b) SUPPLEMENTAL ASSISTANCE FOR ADDITIONAL

19 SERVICE.— 

20 ‘‘(1) IN GENERAL.—The Secretary concerned 

21 may provide for the payment to an individual enti22 tled to educational assistance under this chapter of 

23 supplemental educational assistance for additional 

24 service authorized by subchapter III of chapter 30. 

25 The amount so payable shall be payable as an inmmaher on MIKETEMP with BILLS

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1 crease in the monthly amount of educational assist2 ance otherwise payable to the individual under para3 graph (1)(B) of section 3313(c), or under paragraphs 

4 (2) through (7) of such section (as applicable). 

5 ‘‘(2) ELIGIBILITY.—Eligibility for supplement 

6 educational assistance under this subsection shall be 

7 determined in accordance with the provisions of sub8 chapter III of chapter 30, except that any reference in 

9 such provisions to eligibility for basic educational as10 sistance under a provision of subchapter II of chapter 

11 30 shall be treated as a reference to eligibility for edu12 cational assistance under the appropriate provision of 

13 this chapter. 

14 ‘‘(3) AMOUNT.—The amount of supplemental 

15 educational assistance payable under this subsection 

16 shall be the amount equal to the monthly amount of 

17 supplemental educational payable under section 3022. 

18 ‘‘(c) REGULATIONS.—The Secretaries concerned shall 

19 administer this section in accordance with such regulations 

20 as the Secretary of Defense shall prescribe. 

21 ‘‘§ 3317. Public-private contributions for additional 

22 educational assistance 

23 ‘‘(a) ESTABLISHMENT OF PROGRAM.—In instances 

24 where the educational assistance provided pursuant to sec25 tion 3313(c)(1)(A) does not cover the full cost of established 

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1 charges (as specified in section 3313), the Secretary shall 

2 carry out a program under which colleges and universities 

3 can, voluntarily, enter into an agreement with the Sec4 retary to cover a portion of those established charges not 

5 otherwise covered under section 3313(c)(1)(A), which con6 tributions shall be matched by equivalent contributions to7 ward such costs by the Secretary. The program shall only 

8 apply to covered individuals described in paragraphs (1) 

9 and (2) of section 3311(b). 

10 ‘‘(b) DESIGNATION OF PROGRAM.—The program under 

11 this section shall be known as the ‘Yellow Ribbon G.I. Edu12 cation Enhancement Program’. 

13 ‘‘(c) AGREEMENTS.—The Secretary shall enter into an 

14 agreement with each college or university seeking to partici15 pate in the program under this section. Each agreement 

16 shall specify the following: 

17 ‘‘(1) The manner (whether by direct grant, schol18 arship, or otherwise) of the contributions to be made 

19 by the college or university concerned. 

20 ‘‘(2) The maximum amount of the contribution 

21 to be made by the college or university concerned with 

22 respect to any particular individual in any given 

23 academic year. 

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1 ‘‘(3) The maximum number of individuals for 

2 whom the college or university concerned will make 

3 contributions in any given academic year. 

4 ‘‘(4) Such other matters as the Secretary and the 

5 college or university concerned jointly consider appro6 priate. 

7 ‘‘(d) MATCHING CONTRIBUTIONS.— 

8 ‘‘(1) IN GENERAL.—In instances where the edu9 cational assistance provided an individual under sec10 tion 3313(c)(1)(A) does not cover the full cost of tui11 tion and mandatory fees at a college or university, 

12 the Secretary shall provide up to 50 percent of the re13 maining costs for tuition and mandatory fees if the 

14 college or university voluntarily enters into an agree15 ment with the Secretary to match an equal percentage 

16 of any of the remaining costs for such tuition and 

17 fees. 

18 ‘‘(2) USE OF APPROPRIATED FUNDS.—Amounts 

19 available to the Secretary under section 3324(b) for 

20 payment of the costs of this chapter shall be available 

21 to the Secretary for purposes of paragraph (1). 

22 ‘‘(e) OUTREACH.—The Secretary shall make available 

23 on the Internet website of the Department available to the 

24 public a current list of the colleges and universities partici25 pating in the program under this section. The list shall 

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1 specify, for each college or university so listed, appropriate 

2 information on the agreement between the Secretary and 

3 such college or university under subsection (c). 

4 ‘‘§ 3318. Additional assistance: relocation or travel as5 sistance for individual relocating or trav6 eling significant distance for pursuit of a 

7 program of education 

8 ‘‘(a) ADDITIONAL ASSISTANCE.—Each individual de9 scribed in subsection (b) shall be paid additional assistance 

10 under this section in the amount of $500. 

11 ‘‘(b) COVERED INDIVIDUALS.—An individual described 

12 in this subsection is any individual entitled to educational 

13 assistance under this chapter— 

14 ‘‘(1) who resides in a county (or similar entity 

15 utilized by the Bureau of the Census) with less than 

16 seven persons per square mile, according to the most 

17 recent decennial Census; and 

18 ‘‘(2) who— 

19 ‘‘(A) physically relocates a distance of at 

20 least 500 miles in order to pursue a program of 

21 education for which the individual utilizes edu22 cational assistance under this chapter; or 

23 ‘‘(B) travels by air to physically attend an 

24 institution of higher education for pursuit of 

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1 vidual cannot travel to such institution by auto2 mobile or other established form of transpor3 tation due to an absence of road or other infra4 structure. 

5 ‘‘(c) PROOF OF RESIDENCE.—For purposes of sub6 section (b)(1), an individual may demonstrate the individ7 ual’s place of residence utilizing any of the following: 

8 ‘‘(1) DD Form 214, Certification of Release or 

9 Discharge from Active Duty. 

10 ‘‘(2) The most recent Federal income tax return. 

11 ‘‘(3) Such other evidence as the Secretary shall 

12 prescribe for purposes of this section. 

13 ‘‘(d) SINGLE PAYMENT OF ASSISTANCE.—An indi14 vidual is entitled to only one payment of additional assist15 ance under this section. 

16 ‘‘(e) NO CHARGE AGAINST ENTITLEMENT.—Any 

17 amount paid an individual under this section is in addi18 tion to any other educational assistance benefits provided 

19 the individual under this chapter. 

20 ‘‘§ 3319. Authority to transfer unused education bene21 fits to family members 

22 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

23 section, the Secretary of Defense may authorize the Sec24 retary concerned, to promote recruitment and retention of 

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1 scribed in subsection (b) who is entitled to educational as2 sistance under this chapter to elect to transfer to one or 

3 more of the dependents specified in subsection (c) a portion 

4 of such individual’s entitlement to such assistance, subject 

5 to the limitation under subsection (d). 

6 ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred 

7 to in subsection (a) is any member of the Armed Forces 

8 who, at the time of the approval of the individual’s request 

9 to transfer entitlement to educational assistance under this 

10 section, has completed at least— 

11 ‘‘(1) six years of service in the armed forces and 

12 enters into an agreement to serve at least four more 

13 years as a member of the Armed Forces; or 

14 ‘‘(2) the years of service as determined in regula15 tions pursuant to section (k). 

16 ‘‘(c) ELIGIBLE DEPENDENTS.—An individual ap17 proved to transfer an entitlement to educational assistance 

18 under this section may transfer the individual’s entitlement 

19 as follows: 

20 ‘‘(1) To the individual’s spouse. 

21 ‘‘(2) To one or more of the individual’s children. 

22 ‘‘(3) To a combination of the individuals referred 

23 to in paragraphs (1) and (2). 

24 ‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The 

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1 vidual under this section may not exceed 36 months. The 

2 Secretary of Defense may prescribe regulations that would 

3 limit the months of entitlement that may be transferred 

4 under this section to no less than 18 months. 

5 ‘‘(e) DESIGNATION OF TRANSFEREE.—An individual 

6 transferring an entitlement to educational assistance under 

7 this section shall— 

8 ‘‘(1) designate the dependent or dependents to 

9 whom such entitlement is being transferred; 

10 ‘‘(2) designate the number of months of such en11 titlement to be transferred to each such dependent; 

12 and 

13 ‘‘(3) specify the period for which the transfer 

14 shall be effective for each dependent designated under 

15 paragraph (1). 

16 ‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODI17 FICATION.— 

18 ‘‘(1) TIME FOR TRANSFER.—Subject to the time 

19 limitation for use of entitlement under section 3321 

20 an individual approved to transfer entitlement to 

21 educational assistance under this section may transfer 

22 such entitlement only while serving as a member of 

23 the armed forces when the transfer is executed. 

24 ‘‘(2) MODIFICATION OR REVOCATION.— 

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1 ‘‘(A) IN GENERAL.—An individual transfer2 ring entitlement under this section may modify 

3 or revoke at any time the transfer of any unused 

4 portion of the entitlement so transferred. 

5 ‘‘(B) NOTICE.—The modification or revoca6 tion of the transfer of entitlement under this 

7 paragraph shall be made by the submittal of 

8 written notice of the action to both the Secretary 

9 concerned and the Secretary of Veterans Affairs. 

10 ‘‘(3) PROHIBITION ON TREATMENT OF TRANS11 FERRED ENTITLEMENT AS MARITAL PROPERTY.—En12 titlement transferred under this section may not be 

13 treated as marital property, or the asset of a marital 

14 estate, subject to division in a divorce or other civil 

15 proceeding. 

16 ‘‘(g) COMMENCEMENT OF USE.—A dependent to whom 

17 entitlement to educational assistance is transferred under 

18 this section may not commence the use of the transferred 

19 entitlement until— 

20 ‘‘(1) in the case of entitlement transferred to a 

21 spouse, the completion by the individual making the 

22 transfer of at least— 

23 ‘‘(A) six years of service in the armed forces; 

24 or 

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1 ‘‘(B) the years of service as determined in 

2 regulations pursuant to subsection (j); or 

3 ‘‘(2) in the case of entitlement transferred to a 

4 child, both— 

5 ‘‘(A) the completion by the individual mak6 ing the transfer of at least— 

7 ‘‘(i) ten years of service in the armed 

8 forces; or 

9 ‘‘(ii) the years of service as determined 

10 in regulations pursuant to subsection (j); 

11 and 

12 ‘‘(B) either— 

13 ‘‘(i) the completion by the child of the 

14 requirements of a secondary school diploma 

15 (or equivalency certificate); or 

16 ‘‘(ii) the attainment by the child of 18 

17 years of age. 

18 ‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.— 

19 ‘‘(1) USE.—The use of any entitlement to edu20 cational assistance transferred under this section shall 

21 be charged against the entitlement of the individual 

22 making the transfer at the rate of one month for each 

23 month of transferred entitlement that is used. 

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1 ‘‘(2) NATURE OF TRANSFERRED ENTITLE2 MENT.—Except as provided under subsection (e)(2) 

3 and subject to paragraphs (5) and (6)— 

4 ‘‘(A) in the case of entitlement transferred 

5 to a spouse under this section, the spouse is enti6 tled to educational assistance under this chapter 

7 in the same manner as the individual from 

8 whom the entitlement was transferred; or 

9 ‘‘(B) in the case of entitlement transferred 

10 to a child under this section, the child is entitled 

11 to educational assistance under this chapter in 

12 the same manner as the individual from whom 

13 the entitlement was transferred as if the indi14 vidual were not on active duty. 

15 ‘‘(3) RATE OF PAYMENT.—The monthly rate of 

16 educational assistance payable to a dependent to 

17 whom entitlement referred to in paragraph (2) is 

18 transferred under this section shall be payable— 

19 ‘‘(A) in the case of a spouse, at the same 

20 rate as such entitlement would otherwise be pay21 able under this chapter to the individual making 

22 the transfer; or 

23 ‘‘(B) in the case of a child, at the same rate 

24 as such entitlement would otherwise be payable 

25 under this chapter to the individual making the 

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1 transfer as if the individual were not on active 

2 duty. 

3 ‘‘(4) DEATH OF TRANSFEROR.—The death of an 

4 individual transferring an entitlement under this sec5 tion shall not affect the use of the entitlement by the 

6 dependent to whom the entitlement is transferred. 

7 ‘‘(5) LIMITATION ON AGE OF USE BY CHILD

8 TRANSFEREES.—A child to whom entitlement is 

9 transferred under this section may use the benefit 

10 without regard to the 15-year delimiting date, but 

11 may not use any entitlement so transferred after at12 taining the age of 26 years. 

13 ‘‘(6) SCOPE OF USE BY TRANSFEREES.—The 

14 purposes for which a dependent to whom entitlement 

15 is transferred under this section may use such entitle16 ment shall include the pursuit and completion of the 

17 requirements of a secondary school diploma (or 

18 equivalency certificate). 

19 ‘‘(7) ADDITIONAL ADMINISTRATIVE PROVI20 SIONS.—The administrative provisions of this chapter 

21 shall apply to the use of entitlement transferred under 

22 this section, except that the dependent to whom the 

23 entitlement is transferred shall be treated as the eligi24 ble individual for purposes of such provisions. 

25 ‘‘(i) OVERPAYMENT.— 

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1 ‘‘(1) JOINT AND SEVERAL LIABILITY.—In the 

2 event of an overpayment of educational assistance 

3 with respect to a dependent to whom entitlement is 

4 transferred under this section, the dependent and the 

5 individual making the transfer shall be jointly and 

6 severally liable to the United States for the amount 

7 of the overpayment for purposes of section 3685. 

8 ‘‘(2) FAILURE TO COMPLETE SERVICE AGREE9 MENT.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), if an individual transferring 

12 entitlement under this section fails to complete 

13 the service agreed to by the individual under 

14 subsection (b)(1) in accordance with the terms of 

15 the agreement of the individual under that sub16 section, the amount of any transferred entitle17 ment under this section that is used by a de18 pendent of the individual as of the date of such 

19 failure shall be treated as an overpayment of 

20 educational assistance under paragraph (1). 

21 ‘‘(B) EXCEPTION.—Subparagraph (A) shall 

22 not apply in the case of an individual who fails 

23 to complete service agreed to by the individual— 

24 ‘‘(i) by reason of the death of the indi25 vidual; or 

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1 ‘‘(ii) for a reason referred to in section 

2 3311(c)(4). 

3 ‘‘(j) REGULATIONS.—(1) The Secretary of Defense, in 

4 coordination with the Secretary of Veterans Affairs, shall 

5 prescribe regulations for purposes of this section. 

6 ‘‘(2) Such regulations shall specify— 

7 ‘‘(A) the manner of authorizing the transfer of 

8 entitlements under this section; 

9 ‘‘(B) the eligibility criteria in accordance with 

10 subsection (b); and 

11 ‘‘(C) the manner and effect of an election to 

12 modify or revoke a transfer of entitlement under sub13 section (f)(2). 

14 ‘‘(k) SECRETARY CONCERNED DEFINED.—Notwith15 standing section 101(25), in this section, the term ‘Sec16 retary concerned’ means— 

17 ‘‘(1) the Secretary of the Army with respect to 

18 matters concerning the Army; 

19 ‘‘(2) the Secretary of the Navy with respect to 

20 matters concerning the Navy or the Marine Corps; 

21 ‘‘(3) the Secretary of the Air Force with respect 

22 to matters concerning the Air Force; and 

23 ‘‘(4) the Secretary of Defense with respect to 

24 matters concerning the Coast Guard, or the Secretary 

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1 of Homeland Security when it is not operating as a 

2 service in the Navy. 

3 ‘‘SUBCHAPTER III—ADMINISTRATIVE 

4 PROVISIONS 

5 ‘‘§ 3321. Time limitation for use of and eligibility for 

6 entitlement 

7 ‘‘(a) IN GENERAL.—Except as provided in this section, 

8 the period during which an individual entitled to edu9 cational assistance under this chapter may use such indi10 vidual’s entitlement expires at the end of the 15-year period 

11 beginning on the date of such individual’s last discharge 

12 or release from active duty. 

13 ‘‘(b) EXCEPTIONS.— 

14 ‘‘(1) APPLICABILITY OF SECTION 3031 TO RUN15 NING OF PERIOD.—Subsections (b), (c), and (d) of sec16 tion 3031 shall apply with respect to the running of 

17 the 15-year period described in subsection (a) of this 

18 section in the same manner as such subsections apply 

19 under section 3031 with respect to the running of the 

20 10-year period described in section 3031(a). 

21 ‘‘(2) APPLICABILITY OF SECTION 3031 TO TERMI22 NATION.—Section 3031(f) shall apply with respect to 

23 the termination of an individual’s entitlement to edu24 cational assistance under this chapter in the same 

25 manner as such section applies to the termination of 

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1 an individual’s entitlement to educational assistance 

2 under chapter 30, except that, in the administration 

3 of such section for purposes of this chapter, the ref4 erence to section 3013 shall be deemed to be a ref5 erence to 3312. 

6 ‘‘(3) DETERMINATION OF LAST DISCHARGE OR

7 RELEASE.—For purposes of subsection (a), an indi8 vidual’s last discharge or release from active duty 

9 shall not include any discharge or release from a pe10 riod of active duty of less than 90 days of continuous 

11 service, unless the individual is discharged or released 

12 as described in section 3311(b)(2). 

13 ‘‘§ 3322. Bar to duplication of educational assistance 

14 benefits 

15 ‘‘(a) IN GENERAL.—An individual entitled to edu16 cational assistance under this chapter who is also eligible 

17 for educational assistance under chapter 30, 31, 32, or 35 

18 of this title, chapter 107, 1606, or 1607 of title 10, or the 

19 provisions of the Hostage Relief Act of 1980 (Public Law 

20 96–449; 5 U.S.C. 5561 note) may not receive assistance 

21 under two or more such programs concurrently, but shall 

22 elect (in such form and manner as the Secretary may pre23 scribe) under which chapter or provisions to receive edu24 cational assistance. 

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1 ‘‘(b) INAPPLICABILITY OF SERVICE TREATED UNDER

2 EDUCATIONAL LOAN REPAYMENT PROGRAMS.—A period of 

3 service counted for purposes of repayment of an education 

4 loan under chapter 109 of title 10 may not be counted as 

5 a period of service for entitlement to educational assistance 

6 under this chapter. 

7 ‘‘(c) SERVICE IN SELECTED RESERVE.—An individual 

8 who serves in the Selected Reserve may receive credit for 

9 such service under only one of this chapter, chapter 30 of 

10 this title, and chapters 1606 and 1607 of title 10, and shall 

11 elect (in such form and manner as the Secretary may pre12 scribe) under which chapter such service is to be credited. 

13 ‘‘(d) ADDITIONAL COORDINATION MATTERS.—In the 

14 case of an individual entitled to educational assistance 

15 under chapter 30, 31, 32, or 35 of this title, chapter 107, 

16 1606, or 1607 of title 10, or the provisions of the Hostage 

17 Relief Act of 1980, or making contributions toward entitle18 ment to educational assistance under chapter 30 of this 

19 title, as of August 1, 2009, coordination of entitlement to 

20 educational assistance under this chapter, on the one hand, 

21 and such chapters or provisions, on the other, shall be gov22 erned by the provisions of section 5003(c) of the Post-9/11 

23 Veterans Educational Assistance Act of 2008. 

24 ‘‘§ 3323. Administration 

25 ‘‘(a) IN GENERAL.— 

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1 ‘‘(1) IN GENERAL.—Except as otherwise provided 

2 in this chapter, the provisions specified in section 

3 3034(a)(1) shall apply to the provision of educational 

4 assistance under this chapter. 

5 ‘‘(2) SPECIAL RULE.—In applying the provisions 

6 referred to in paragraph (1) to an individual entitled 

7 to educational assistance under this chapter for pur8 poses of this section, the reference in such provisions 

9 to the term ‘eligible veteran’ shall be deemed to refer 

10 to an individual entitled to educational assistance 

11 under this chapter. 

12 ‘‘(3) RULE FOR APPLYING SECTION 3474.—In ap13 plying section 3474 to an individual entitled to edu14 cational assistance under this chapter for purposes of 

15 this section, the reference in such section 3474 to the 

16 term ‘educational assistance allowance’ shall be 

17 deemed to refer to educational assistance payable 

18 under section 3313. 

19 ‘‘(4) RULE FOR APPLYING SECTION 3482.—In ap20 plying section 3482(g) to an individual entitled to 

21 educational assistance under this chapter for purposes 

22 of this section— 

23 ‘‘(A) the first reference to the term ‘edu24 cational assistance allowance’ in such section 

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1 3482(g) shall be deemed to refer to educational 

2 assistance payable under section 3313; and 

3 ‘‘(B) the first sentence of paragraph (1) of 

4 such section 3482(g) shall be applied as if such 

5 sentence ended with ‘equipment’. 

6 ‘‘(b) INFORMATION ON BENEFITS.— 

7 ‘‘(1) TIMING FOR PROVIDING.—The Secretary 

8 shall provide the information described in paragraph 

9 (2) to each member of the Armed Forces at such times 

10 as the Secretary and the Secretary of Defense shall 

11 jointly prescribe in regulations. 

12 ‘‘(2) DESCRIPTION OF INFORMATION.—The infor13 mation described in this paragraph is information on 

14 benefits, limitations, procedures, eligibility require15 ments (including time-in-service requirements), and 

16 other important aspects of educational assistance 

17 under this chapter, including application forms for 

18 such assistance under section 5102. 

19 ‘‘(3) TO WHOM PROVIDED.—The Secretary of 

20 Veterans Affairs shall furnish the information and 

21 forms described in paragraph (2), and other edu22 cational materials on educational assistance under 

23 this chapter, to educational institutions, training es24 tablishments, military education personnel, and such 

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1 other persons and entities as the Secretary considers 

2 appropriate. 

3 ‘‘(c) REGULATIONS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall prescribe 

5 regulations for the administration of this chapter. 

6 ‘‘(2) UNIFORMITY.—Any regulations prescribed 

7 by the Secretary of Defense for purposes of this chap8 ter shall apply uniformly across the Armed Forces. 

9 ‘‘§ 3324. Allocation of administration and costs 

10 ‘‘(a) ADMINISTRATION.—Except as otherwise provided 

11 in this chapter, the Secretary shall administer the provision 

12 of educational assistance under this chapter. 

13 ‘‘(b) COSTS.—Payments for entitlement to educational 

14 assistance earned under this chapter shall be made from 

15 funds appropriated to, or otherwise made available to, the 

16 Department for the payment of readjustment benefits.’’. 

17 (2) CLERICAL AMENDMENTS.—The tables of 

18 chapters at the beginning of title 38, United States 

19 Code, and at the beginning of part III of such title, 

20 are each amended by inserting after the item relating 

21 to chapter 32 the following new item: 

‘‘33. Post-9/11 Educational Assistance ........................................... 3301.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) AMENDMENTS RELATING TO DUPLICATION

24 OF BENEFITS.— 

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1 (A) Section 3033 of title 38, United States 

2 Code, is amended— 

3 (i) in subsection (a)(1) by inserting 

4 ‘‘33,’’ after ‘‘32,’’; and 

5 (ii) in subsection (c) by striking ‘‘both 

6 the program established by this chapter and 

7 the program established by chapter 106 of 

8 title 10’’ and inserting ‘‘two or more of the 

9 programs established by this chapter, chap10 ter 33 of this title, and chapters 1606 and 

11 1607 of title 10’’. 

12 (B) Paragraph (4) of section 3695(a) of 

13 such title is amended to read as follows: 

14 ‘‘(4) Chapters 30, 32, 33, 34, 35, and 36.’’. 

15 (C) Section 16163(e) of title 10, United 

16 States Code, is amended by inserting ‘‘33,’’ after 

17 ‘‘32,’’. 

18 (2) ADDITIONAL CONFORMING AMENDMENTS.— 

19 (A) Title 38, United States Code, is further 

20 amended by inserting ‘‘33,’’ after ‘‘32,’’ each 

21 place it appears in the following provisions: 

22 (i) In subsections (b) and (e)(1) of sec23 tion 3485. 

24 (ii) In section 3688(b). 

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1 (iii) In subsections (a)(1), (c)(1), 

2 (c)(1)(G), (d), and (e)(2) of section 3689. 

3 (iv) In section 3690( b)(3)(A). 

4 (v) In subsections (a) and (b) of section 

5 3692. 

6 (vi) In section 3697(a). 

7 (B) Section 3697A(b)(1) of such title is 

8 amended by striking ‘‘or 32’’ and inserting ‘‘32, 

9 or 33’’. 

10 (c) APPLICABILITY TO INDIVIDUALS UNDER MONT11 GOMERY GI BILL PROGRAM.— 

12 (1) INDIVIDUALS ELIGIBLE TO ELECT PARTICI13 PATION IN POST-9/11 EDUCATIONAL ASSISTANCE.—An 

14 individual may elect to receive educational assistance 

15 under chapter 33 of title 38, United States Code (as 

16 added by subsection (a)), if such individual— 

17 (A) as of August 1, 2009— 

18 (i) is entitled to basic educational as19 sistance under chapter 30 of title 38, United 

20 States Code, and has used, but retains un21 used, entitlement under that chapter; 

22 (ii) is entitled to educational assist23 ance under chapter 107, 1606, or 1607 of 

24 title 10, United States Code, and has used, 

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1 but retains unused, entitlement under the 

2 applicable chapter; 

3 (iii) is entitled to basic educational as4 sistance under chapter 30 of title 38, United 

5 States Code, but has not used any entitle6 ment under that chapter; 

7 (iv) is entitled to educational assist8 ance under chapter 107, 1606, or 1607 of 

9 title 10, United States Code, but has not 

10 used any entitlement under such chapter; 

11 (v) is a member of the Armed Forces 

12 who is eligible for receipt of basic edu13 cational assistance under chapter 30 of title 

14 38, United States Code, and is making con15 tributions toward such assistance under sec16 tion 3011(b) or 3012(c) of such title; or 

17 (vi) is a member of the Armed Forces 

18 who is not entitled to basic educational as19 sistance under chapter 30 of title 38, United 

20 States Code, by reason of an election under 

21 section 3011(c)(1) or 3012(d)(1) of such 

22 title; and 

23 (B) as of the date of the individual’s elec24 tion under this paragraph, meets the require25 ments for entitlement to educational assistance 

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1 under chapter 33 of title 38, United States Code 

2 (as so added). 

3 (2) CESSATION OF CONTRIBUTIONS TOWARD GI

4 BILL.—Effective as of the first month beginning on or 

5 after the date of an election under paragraph (1) of 

6 an individual described by subparagraph (A)(v) of 

7 that paragraph, the obligation of the individual to 

8 make contributions under section 3011(b) or 3012(c) 

9 of title 38, United States Code, as applicable, shall 

10 cease, and the requirements of such section shall be 

11 deemed to be no longer applicable to the individual. 

12 (3) REVOCATION OF REMAINING TRANSFERRED

13 ENTITLEMENT.— 

14 (A) ELECTION TO REVOKE.—If, on the date 

15 an individual described in subparagraph (A)(i) 

16 or (A)(iii) of paragraph (1) makes an election 

17 under that paragraph, a transfer of the entitle18 ment of the individual to basic educational as19 sistance under section 3020 of title 38, United 

20 States Code, is in effect and a number of months 

21 of the entitlement so transferred remain unuti22 lized, the individual may elect to revoke all or a 

23 portion of the entitlement so transferred that re24 mains unutilized. 

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1 (B) AVAILABILITY OF REVOKED ENTITLE2 MENT.—Any entitlement revoked by an indi3 vidual under this paragraph shall no longer be 

4 available to the dependent to whom transferred, 

5 but shall be available to the individual instead 

6 for educational assistance under chapter 33 of 

7 title 38, United States Code (as so added), in ac8 cordance with the provisions of this subsection. 

9 (C) AVAILABILITY OF UNREVOKED ENTITLE10 MENT.—Any entitlement described in subpara11 graph (A) that is not revoked by an individual 

12 in accordance with that subparagraph shall re13 main available to the dependent or dependents 

14 concerned in accordance with the current trans15 fer of such entitlement under section 3020 of title 

16 38, United States Code. 

17 (4) POST-9/11 EDUCATIONAL ASSISTANCE.— 

18 (A) IN GENERAL.—Subject to subparagraph 

19 (B) and except as provided in paragraph (5), an 

20 individual making an election under paragraph 

21 (1) shall be entitled to educational assistance 

22 under chapter 33 of title 38, United States Code 

23 (as so added), in accordance with the provisions 

24 of such chapter, instead of basic educational as25 sistance under chapter 30 of title 38, United 

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1 States Code, or educational assistance under 

2 chapter 107, 1606, or 1607 of title 10, United 

3 States Code, as applicable. 

4 (B) LIMITATION ON ENTITLEMENT FOR CER5 TAIN INDIVIDUALS.—In the case of an individual 

6 making an election under paragraph (1) who is 

7 described by subparagraph (A)(i) of that para8 graph, the number of months of entitlement of 

9 the individual to educational assistance under 

10 chapter 33 of title 38, United States Code (as so 

11 added), shall be the number of months equal to— 

12 (i) the number of months of unused en13 titlement of the individual under chapter 30 

14 of title 38, United States Code, as of the 

15 date of the election, plus 

16 (ii) the number of months, if any, of 

17 entitlement revoked by the individual under 

18 paragraph (3)(A). 

19 (5) CONTINUING ENTITLEMENT TO EDUCATIONAL

20 ASSISTANCE NOT AVAILABLE UNDER 9/11 ASSIST21 ANCE PROGRAM.— 

22 (A) IN GENERAL.—In the event educational 

23 assistance to which an individual making an 

24 election under paragraph (1) would be entitled 

25 under chapter 30 of title 38, United States Code, 

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1 or chapter 107, 1606, or 1607 of title 10, United 

2 States Code, as applicable, is not authorized to 

3 be available to the individual under the provi4 sions of chapter 33 of title 38, United States 

5 Code (as so added), the individual shall remain 

6 entitled to such educational assistance in accord7 ance with the provisions of the applicable chap8 ter. 

9 (B) CHARGE FOR USE OF ENTITLEMENT.— 

10 The utilization by an individual of entitlement 

11 under subparagraph (A) shall be chargeable 

12 against the entitlement of the individual to edu13 cational assistance under chapter 33 of title 38, 

14 United States Code (as so added), at the rate of 

15 one month of entitlement under such chapter 33 

16 for each month of entitlement utilized by the in17 dividual under subparagraph (A) (as determined 

18 as if such entitlement were utilized under the 

19 provisions of chapter 30 of title 38, United 

20 States Code, or chapter 107, 1606, or 1607 of 

21 title 10, United States Code, as applicable). 

22 (6) ADDITIONAL POST-9/11 ASSISTANCE FOR

23 MEMBERS HAVING MADE CONTRIBUTIONS TOWARD

24 GI BILL.— 

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1 (A) ADDITIONAL ASSISTANCE.—In the case 

2 of an individual making an election under para3 graph (1) who is described by clause (i), (iii), or 

4 (v) of subparagraph (A) of that paragraph, the 

5 amount of educational assistance payable to the 

6 individual under chapter 33 of title 38, United 

7 States Code (as so added), as a monthly stipend 

8 payable under paragraph (1)(B) of section 

9 3313(c) of such title, or under paragraphs (2) 

10 through (7) of that section (as applicable), shall 

11 be the amount otherwise payable as a monthly 

12 stipend under the applicable paragraph in13 creased by the amount equal to— 

14 (i) the total amount of contributions 

15 toward basic educational assistance made 

16 by the individual under section 3011(b) or 

17 3012(c) of title 38, United States Code, as 

18 of the date of the election, multiplied by 

19 (ii) the fraction— 

20 (I) the numerator of which is— 

21 (aa) the number of months of 

22 entitlement to basic educational 

23 assistance under chapter 30 of 

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1 maining to the individual at the 

2 time of the election; plus 

3 (bb) the number of months, if 

4 any, of entitlement under such 

5 chapter 30 revoked by the indi6 vidual under paragraph (3)(A); 

7 and 

8 (II) the denominator of which is 

9 36 months. 

10 (B) MONTHS OF REMAINING ENTITLEMENT

11 FOR CERTAIN INDIVIDUALS.—In the case of an 

12 individual covered by subparagraph (A) who is 

13 described by paragraph (1)(A)(v), the number of 

14 months of entitlement to basic educational assist15 ance remaining to the individual for purposes of 

16 subparagraph (A)(ii)(I)(aa) shall be 36 months. 

17 (C) TIMING OF PAYMENT.—The amount 

18 payable with respect to an individual under sub19 paragraph (A) shall be paid to the individual to20 gether with the last payment of the monthly sti21 pend payable to the individual under paragraph 

22 (1)(B) of section 3313(c) of title 38, United 

23 States Code (as so added), or under paragraphs 

24 (2) through (7) of that section (as applicable), 

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1 ment to educational assistance under chapter 33 

2 of such title (as so added). 

3 (7) CONTINUING ENTITLEMENT TO ADDITIONAL

4 ASSISTANCE FOR CRITICAL SKILLS OR SPECIALITY

5 AND ADDITIONAL SERVICE.—An individual making 

6 an election under paragraph (1)(A) who, at the time 

7 of the election, is entitled to increased educational as8 sistance under section 3015(d) of title 38, United 

9 States Code, or section 16131(i) of title 10, United 

10 States Code, or supplemental educational assistance 

11 under subchapter III of chapter 30 of title 38, United 

12 States Code, shall remain entitled to such increased 

13 educational assistance or supplemental educational 

14 assistance in the utilization of entitlement to edu15 cational assistance under chapter 33 of title 38, 

16 United States Code (as so added), in an amount 

17 equal to the quarter, semester, or term, as applicable, 

18 equivalent of the monthly amount of such increased 

19 educational assistance or supplemental educational 

20 assistance payable with respect to the individual at 

21 the time of the election. 

22 (8) IRREVOCABILITY OF ELECTIONS.—An elec23 tion under paragraph (1) or (3)(A) is irrevocable. 

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1 (d) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect on August 1, 

3 2009. 

4 INCREASE IN AMOUNTS OF BASIC EDUCATIONAL

5 ASSISTANCE UNDER THE MONTGOMERY GI BILL

6 SEC. 5004. (a) EDUCATIONAL ASSISTANCE BASED ON

7 THREE-YEAR PERIOD OF OBLIGATED SERVICE.—Sub8 section (a)(1) of section 3015 of title 38, United States Code, 

9 is amended— 

10 (1) by striking subparagraphs (A) through (C) 

11 and inserting the following new subparagraph: 

12 ‘‘(A) for months occurring during the period be13 ginning on August 1, 2008, and ending on the last 

14 day of fiscal year 2009, $1,321; and’’; and 

15 (2) by redesignating subparagraph (D) as sub16 paragraph (B). 

17 (b) EDUCATIONAL ASSISTANCE BASED ON TWO-YEAR

18 PERIOD OF OBLIGATED SERVICE.—Subsection (b)(1) of 

19 such section is amended— 

20 (1) by striking subparagraphs (A) through (C) 

21 and inserting the following new subparagraph: 

22 ‘‘(A) for months occurring during the period be23 ginning on August 1, 2008, and ending on the last 

24 day of fiscal year 2009, $1,073; and’’; and 

25 (2) by redesignating subparagraph (D) as sub26 paragraph (B). 

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1 (c) MODIFICATION OF MECHANISM FOR COST-OF-LIV2 ING ADJUSTMENTS.—Subsection (h)(1) of such section is 

3 amended by striking subparagraphs (A) and (B) and in4 serting the following new subparagraphs: 

5 ‘‘(A) the average cost of undergraduate tui6 tion in the United States, as determined by the 

7 National Center for Education Statistics, for the 

8 last academic year preceding the beginning of 

9 the fiscal year for which the increase is made, ex10 ceeds 

11 ‘‘(B) the average cost of undergraduate tui12 tion in the United States, as so determined, for 

13 the academic year preceding the academic year 

14 described in subparagraph (A).’’. 

15 (d) EFFECTIVE DATE.— 

16 (1) IN GENERAL.—The amendments made by 

17 this section shall take effect on August 1, 2008. 

18 (2) NO COST-OF-LIVING ADJUSTMENT FOR FISCAL

19 YEAR 2009.—The adjustment required by subsection 

20 (h) of section 3015 of title 38, United States Code (as 

21 amended by this section), in rates of basic educational 

22 assistance payable under subsections (a) and (b) of 

23 such section (as so amended) shall not be made for 

24 fiscal year 2009. 

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1 MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSE2 MENT OF STATE AND LOCAL AGENCIES ADMIN3 ISTERING VETERANS EDUCATION BENEFITS

4 SEC. 5005. Section 3674(a)(4) of title 38, United 

5 States Code, is amended by striking ‘‘may not exceed’’ and 

6 all that follows through the end and inserting ‘‘shall be 

7 $19,000,000.’’. 

8 AUTHORITY TO TRANSFER UNUSED EDUCATION BENEFITS

9 TO FAMILY MEMBERS FOR CAREER SERVICE MEMBERS

10 SEC. 5006. (a) AUTHORITY TO TRANSFER MONT11 GOMERY GI BILL BENEFITS TO A DEPENDENT.—Section 

12 3020 of title 38, United States Code, is amended— 

13 (1) by striking the section heading and sub14 sections (a) and (b) and inserting the following: 

15 ‘‘§ 3020. Authority to transfer unused education bene16 fits to family members for career service 

17 members 

18 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

19 section, the Secretary of Defense may authorize the Sec20 retary concerned, to promote recruitment and retention of 

21 members of the Armed Forces, to permit an individual de22 scribed in subsection (b) who is entitled to basic educational 

23 assistance under this subchapter to elect to transfer to one 

24 or more of the dependents specified in subsection (c) the un25 used portion of entitlement to such assistance, subject to the 

26 limitation under subsection (d). 

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1 ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred 

2 to in subsection (a) is any member of the Armed Forces— 

3 ‘‘(1) who, while serving on active duty or as a 

4 member of the Selected Reserve at the time of the ap5 proval by the Secretary concerned of the member’s re6 quest to transfer entitlement to basic educational as7 sistance under this section, has completed six years of 

8 service in the Armed Forces and enters into an agree9 ment to serve at least four more years as a member 

10 of the Armed Forces; or 

11 ‘‘(2) as determined in regulations pursuant to 

12 subsection (k).’’; 

13 (2) by striking subsection (d) and inserting the 

14 following: 

15 ‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—(1) An 

16 individual approved to transfer an entitlement to basic edu17 cational assistance under this section may transfer any un18 used entitlement to one or more of the dependents specified 

19 in subsection (c). 

20 ‘‘(2) The total number of months of entitlement trans21 ferred by an individual under this section may not exceed 

22 36 months. The Secretary of Defense may prescribe regula23 tions that would limit the months of entitlement that may 

24 be transferred under this section to no less than 18 

25 months.’’; 

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1 (3) in subsection (f)(1) by striking ‘‘without re2 gard to whether’’ and inserting ‘‘only while’’; and 

3 (4) in subsection (f)(2) by inserting ‘‘as long as 

4 the individual is serving on active duty or as a mem5 ber of the Selected Reserve’’ after ‘‘so transferred’’; 

6 (5) by adding at the end of subsection (f) the fol7 lowing: 

8 ‘‘(3) Entitlement transferred under this section may 

9 not be treated as marital property, or the asset of a marital 

10 estate, subject to division in a divorce or other civil pro11 ceeding.’’; 

12 (6) in subsection (h)(5) by inserting ‘‘may use 

13 the benefit without regard to the 10-year delimiting 

14 date, but’’ after ‘‘under this section’’; and 

15 (7) by striking subsection (k) and inserting the 

16 following: 

17 ‘‘(k) REGULATIONS.—The Secretary of Defense, in co18 ordination with the Secretary of Veterans Affairs, shall pre19 scribe regulations for purposes of this section. Such regula20 tions shall specify— 

21 ‘‘(1) the manner of authorizing the military de22 partments to offer transfer of entitlements under this 

23 section; 

24 ‘‘(2) the eligibility criteria in accordance with 

25 subsection (b); 

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1 ‘‘(3) the limitations on the amount of entitlement 

2 eligible to be transferred; and 

3 ‘‘(4) the manner and effect of an election to mod4 ify or revoke a transfer of entitlement under sub5 section (f)(2).’’. 

6 (b) AUTHORITY TO TRANSFER MONTGOMERY GI BILL

7 FOR THE SELECTED RESERVE BENEFITS TO A DEPEND8 ENT.—Chapter 1606 of title 10, United States Code, is 

9 amended by inserting after section 16132 the following: 

10 ‘‘§ 16132a. Authority to transfer unused education 

11 benefits to family members 

12 ‘‘(a) IN GENERAL.—Subject to regulation prescribed 

13 by the Secretary of Defense, the Secretary concerned may 

14 permit a member described in subsection (b) who is entitled 

15 to basic educational assistance under this chapter to elect 

16 to transfer to one or more of the dependents specified in 

17 subsection (c) a portion of such member’s entitlement to 

18 such assistance, subject to the limitation under subsection 

19 (d). 

20 ‘‘(b) ELIGIBLE MEMBERS.—A member referred to in 

21 subsection (a) is a member of the Selected Reserve of the 

22 Ready Reserve who, at the time of the approval of the mem23 ber’s request to transfer entitlement to basic educational as24 sistance under this section, has completed— 

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1 ‘‘(1) at least six years of service in the Selected 

2 Reserve and enters into an agreement to service at 

3 least four more years as a member of the armed 

4 forces; or 

5 ‘‘(2) the years of service as determined in regula6 tions pursuant to subsection (j). 

7 ‘‘(c) ELIGIBLE DEPENDENTS.—A member approved to 

8 transfer an entitlement to basic educational assistance 

9 under this section may transfer the member’s entitlement 

10 as follows: 

11 ‘‘(1) To the member’s spouse. 

12 ‘‘(2) To one or more of the member’s children. 

13 ‘‘(3) To a combination of the individuals referred 

14 to in paragraphs (1) and (2). 

15 ‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The 

16 total number of months of entitlement transferred by a 

17 member under this section may not exceed 36 months. The 

18 Secretary of Defense may prescribe regulations that would 

19 limit the months of entitlement that may be transferred 

20 under this section to no less than 18 months. 

21 ‘‘(e) DESIGNATION OF TRANSFEREE.—A member 

22 transferring an entitlement to basic educational assistance 

23 under this section shall— 

24 ‘‘(1) designate the dependent or dependents to 

25 whom such entitlement is being transferred; 

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1 ‘‘(2) designate the number of months of such en2 titlement to be transferred to each such dependent; 

3 and 

4 ‘‘(3) specify the period for which the transfer 

5 shall be effective for each dependent designated under 

6 paragraph (1). 

7 ‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODI8 FICATION.—(1) Subject to the time limitation for use of en9 titlement under section 16133, a member approved to trans10 fer entitlement to basic educational assistance under this 

11 section may transfer such entitlement at any time after the 

12 approval of the member’s request to transfer such entitle13 ment. 

14 ‘‘(2) A member transferring entitlement under this sec15 tion may modify or revoke at any time the transfer of any 

16 unused portion of the entitlement so transferred. The modi17 fication or revocation of the transfer of entitlement under 

18 this paragraph shall be made by the submittal of written 

19 notice of the action to both the Secretary concerned and the 

20 Secretary of Veterans Affairs. 

21 ‘‘(3) Entitlement transferred under this section may 

22 not be treated as marital property, or the asset of a marital 

23 estate, subject to division in a divorce or other civil pro24 ceeding. 

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1 ‘‘(g) COMMENCEMENT OF USE.—A dependent to whom 

2 entitlement to basic educational assistance is transferred 

3 under this section may not commence the use of the trans4 ferred entitlement until— 

5 ‘‘(1) in the case of entitlement transferred to a 

6 spouse, the completion by the member making the 

7 transfer of at least— 

8 ‘‘(A) six years of service in the armed forces; 

9 or 

10 ‘‘(B) the years of service as determined in 

11 regulations pursuant to subsection (j); or 

12 ‘‘(2) in the case of entitlement transferred to a 

13 child, both— 

14 ‘‘(A) the completion by the member making 

15 the transfer of at least— 

16 ‘‘(i) ten years of service in the armed 

17 forces; or 

18 ‘‘(ii) the years of service as determined 

19 in regulations pursuant to subsection (j); 

20 and 

21 ‘‘(B) either— 

22 ‘‘(i) the completion by the child of the 

23 requirements of a secondary school diploma 

24 (or equivalency certificate); or 

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1 ‘‘(ii) the attainment by the child of 18 

2 years of age. 

3 ‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) 

4 The use of any entitlement to basic educational assistance 

5 transferred under this section shall be charged against the 

6 entitlement of the member making the transfer at the rate 

7 of one month for each month of transferred entitlement that 

8 is used. 

9 ‘‘(2) Except as provided under subsection (e)(2) and 

10 subject to paragraphs (5) and (6), a dependent to whom 

11 entitlement is transferred under this section is entitled to 

12 basic educational assistance under this chapter in the same 

13 manner as the member from whom the entitlement was 

14 transferred. 

15 ‘‘(3) The monthly rate of educational assistance pay16 able to a dependent to whom entitlement is transferred 

17 under this section shall be the monthly amount payable 

18 under sections 16131 and 16131a to the member making 

19 the transfer. 

20 ‘‘(4) The death of a member transferring an entitle21 ment under this section shall not affect the use of the entitle22 ment by the dependent to whom the entitlement is trans23 ferred. 

24 ‘‘(5) The involuntary separation or retirement of the 

25 member— 

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1 ‘‘(A) because of a nondiscretionary provision of 

2 law for age or years of service; 

3 ‘‘(B) because of a policy prescribed by the Sec4 retary concerned mandating such separation or re5 tirement based solely on age or years of service for the 

6 prescribed pay grade of an enlisted member; 

7 ‘‘(C) under section 16133(b); or 

8 ‘‘(D) because of medical disqualification which is 

9 not the result of gross negligence or misconduct of the 

10 member, 

11 shall not affect the use of entitlement by the dependent to 

12 whom the entitlement is transferred. 

13 ‘‘(6) A child to whom entitlement is transferred under 

14 this section may not use any entitlement so transferred after 

15 attaining the age of 26 years. 

16 ‘‘(7) The administrative provisions of this chapter 

17 shall apply to the use of entitlement transferred under this 

18 section, except that the dependent to whom the entitlement 

19 is transferred shall be treated as the eligible member for 

20 purposes of such provisions. 

21 ‘‘(8) The purposes for which a dependent to whom enti22 tlement is transferred under this section may use such enti23 tlement shall include the pursuit and completion of the re24 quirements of a secondary school diploma (or equivalency 

25 certificate). 

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1 ‘‘(i) OVERPAYMENT.—(1) In the event of an overpay2 ment of basic educational assistance with respect to a de3 pendent to whom entitlement is transferred under this sec4 tion, the dependent and the member making the transfer 

5 shall be jointly and severally liable to the United States 

6 for the amount of the overpayment for purposes of section 

7 3685 of title 38. 

8 ‘‘(2) Except as provided in paragraph (3), if a mem9 ber’s whose eligibility is terminated under section 16134(2), 

10 the amount of any transferred entitlement under this sec11 tion that is used by a dependent of the member as of the 

12 date of such termination shall be treated as an overpayment 

13 of basic educational assistance under paragraph (1). 

14 ‘‘(3) Paragraph (2) shall not apply in the case of a 

15 member who fails to complete service agreed to by the mem16 ber— 

17 ‘‘(A) by reason of the death of the member; or 

18 ‘‘(B) for a reason referred to in section 16133(b). 

19 ‘‘(j) REGULATIONS.—The Secretary of Defense, in con20 sultation with the Secretary of Veterans Affairs, shall pre21 scribe regulations for purposes of this section. Such regula22 tions shall specify— 

23 ‘‘(1) the manner of authorizing the military de24 partments to offer transfer of entitlements under this 

25 section; 

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1 ‘‘(2) the eligibility criteria in accordance with 

2 subsection (b); 

3 ‘‘(3) the manner and effect of an election to mod4 ify or revoke a transfer of entitlement under sub5 section (f)(2); and 

6 ‘‘(4) the manner in which the provisions referred 

7 to in subsections (h)(4) and (5) shall be administered 

8 with respect to a dependent to whom entitlement is 

9 transferred under this section.’’. 

10 (c) AUTHORITY TO TRANSFER RESERVE EDUCATIONAL

11 ASSISTANCE PROGRAM BENEFITS TO A DEPENDENT.— 

12 Chapter 1607 of such title is amended by inserting after 

13 section 16163 the following: 

14 ‘‘§ 16163a. Authority to transfer unused education 

15 benefits to family members 

16 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

17 section, the Secretary concerned may permit, at such Sec18 retary’s sole discretion, a member described in subsection 

19 (b) who is entitled to basic educational assistance under this 

20 chapter to elect to transfer to one or more of the dependents 

21 specified in subsection (c) a portion of such member’s enti22 tlement to such assistance, subject to the limitation under 

23 subsection (d). 

24 ‘‘(b) ELIGIBLE MEMBERS.—A member referred to in 

25 subsection (a) is a member of the armed forces who, at the 

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1 time of the approval of the member’s request to transfer en2 titlement to basic educational assistance under this section, 

3 has completed at least— 

4 ‘‘(1) six years of service in the armed forces and 

5 enters into an agreement to serve at least four more 

6 years as a member of the armed forces; or 

7 ‘‘(2) the years of service as determined in regula8 tions pursuant to section (j). 

9 ‘‘(c) ELIGIBLE DEPENDENTS.—A member approved to 

10 transfer an entitlement to basic educational assistance 

11 under this section may transfer the member’s entitlement 

12 as follows: 

13 ‘‘(1) To the member’s spouse. 

14 ‘‘(2) To one or more of the member’s children. 

15 ‘‘(3) To a combination of the individuals referred 

16 to in paragraphs (1) and (2). 

17 ‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The 

18 total number of months of entitlement transferred by a 

19 member under this section may not exceed 36 months. The 

20 Secretary of Defense may prescribe regulations that would 

21 limit the months of entitlement that may be transferred 

22 under this section to no less than 18 months. 

23 ‘‘(e) DESIGNATION OF TRANSFEREE.—A member 

24 transferring an entitlement to basic educational assistance 

25 under this section shall— 

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1 ‘‘(1) designate the dependent or dependents to 

2 whom such entitlement is being transferred; 

3 ‘‘(2) designate the number of months of such en4 titlement to be transferred to each such dependent; 

5 and 

6 ‘‘(3) specify the period for which the transfer 

7 shall be effective for each dependent designated under 

8 paragraph (1). 

9 ‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODI10 FICATION.—(1) Subject to the time limitation for use of en11 titlement under section 16164, a member approved to trans12 fer entitlement to basic educational assistance under this 

13 section may transfer such entitlement only while serving 

14 as a member of the armed forces when the transfer is exe15 cuted. 

16 ‘‘(2) A member transferring entitlement under this sec17 tion may modify or revoke at any time the transfer of any 

18 unused portion of the entitlement so transferred. The modi19 fication or revocation of the transfer of entitlement under 

20 this paragraph shall be made by the submittal of written 

21 notice of the action to both the Secretary concerned and the 

22 Secretary of Veterans Affairs. 

23 ‘‘(3) Entitlement transferred under this section may 

24 not be treated as marital property, or the asset of a marital 

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1 estate, subject to division in a divorce or other civil pro2 ceeding. 

3 ‘‘(g) COMMENCEMENT OF USE.—A dependent to whom 

4 entitlement to basic educational assistance is transferred 

5 under this section may not commence the use of the trans6 ferred entitlement until— 

7 ‘‘(1) in the case of entitlement transferred to a 

8 spouse, the completion by the member making the 

9 transfer of at least— 

10 ‘‘(A) six years of service in the armed forces; 

11 or 

12 ‘‘(B) the years of service as determined in 

13 regulations pursuant to subsection (j); or 

14 ‘‘(2) in the case of entitlement transferred to a 

15 child, both— 

16 ‘‘(A) the completion by the member making 

17 the transfer of at least— 

18 ‘‘(i) ten years of service in the armed 

19 forces; or 

20 ‘‘(ii) the years of service as determined 

21 in regulations pursuant to subsection (j); 

22 and 

23 ‘‘(B) either— 

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1 ‘‘(i) the completion by the child of the 

2 requirements of a secondary school diploma 

3 (or equivalency certificate); or 

4 ‘‘(ii) the attainment by the child of 18 

5 years of age. 

6 ‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) 

7 The use of any entitlement to basic educational assistance 

8 transferred under this section shall be charged against the 

9 entitlement of the member making the transfer at the rate 

10 of one month for each month of transferred entitlement that 

11 is used. 

12 ‘‘(2) Except as provided under subsection (e)(2) and 

13 subject to paragraphs (5) and (6), a dependent to whom 

14 entitlement is transferred under this section is entitled to 

15 basic educational assistance under this chapter in the same 

16 manner as the member from whom the entitlement was 

17 transferred. 

18 ‘‘(3) The monthly rate of educational assistance pay19 able to a dependent to whom entitlement is transferred 

20 under this section shall be the monthly amount payable 

21 under sections 16162 and 16162a to the member making 

22 the transfer. 

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1 ment by the dependent to whom the entitlement is trans2 ferred. 

3 ‘‘(5) Notwithstanding section 16164(a)(2), a child to 

4 whom entitlement is transferred under this section may use 

5 the benefit without regard to the 10-year delimiting date, 

6 but may not use any entitlement so transferred after attain7 ing the age of 26 years. 

8 ‘‘(6) The administrative provisions of this chapter 

9 shall apply to the use of entitlement transferred under this 

10 section, except that the dependent to whom the entitlement 

11 is transferred shall be treated as the eligible member for 

12 purposes of such provisions. 

13 ‘‘(7) The purposes for which a dependent to whom enti14 tlement is transferred under this section may use such enti15 tlement shall include the pursuit and completion of the re16 quirements of a secondary school diploma (or equivalency 

17 certificate). 

18 ‘‘(i) OVERPAYMENT.— 

19 ‘‘(1) JOINT AND SEVERAL LIABILITY.—In the 

20 event of an overpayment of basic educational assist21 ance with respect to a dependent to whom entitlement 

22 is transferred under this section, the dependent and 

23 the member making the transfer shall be jointly and 

24 severally liable to the United States for the amount 

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1 of the overpayment for purposes of section 3685 of 

2 title 38. 

3 ‘‘(2) FAILURE TO COMPLETE SERVICE AGREE4 MENT.—Except as provided in paragraph (3), if an 

5 individual transferring entitlement under this section 

6 fails to complete the service agreed to by the indi7 vidual under subsection (b)(1) in accordance with the 

8 terms of the agreement of the individual under that 

9 subsection, the amount of any transferred entitlement 

10 under this section that is used by a dependent of the 

11 individual as of the date of such failure shall be treat12 ed as an overpayment of educational assistance under 

13 paragraph (1). 

14 ‘‘(3) Paragraph (2) shall not apply in the case 

15 of an individual who fails to complete service agreed 

16 to by the individual— 

17 ‘‘(A) by reason of the death of the indi18 vidual; or 

19 ‘‘(B) for a reason referred to in section 

20 16133(b). 

21 ‘‘(j) REGULATIONS.—(1) The Secretary of Defense, in 

22 coordination with the Secretary of Veterans Affairs, shall 

23 prescribe regulations for purposes of this section. 

24 ‘‘(2) Such regulations shall specify— 

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1 ‘‘(A) the manner of authorizing the transfer of 

2 entitlements under this section; 

3 ‘‘(B) the eligibility criteria in accordance with 

4 subsection (b); and 

5 ‘‘(C) the manner and effect of an election to 

6 modify or revoke a transfer of entitlement under sub7 section (f)(2). 

8 ‘‘(k) SECRETARY CONCERNED DEFINED.—For pur9 poses of this section, the term ‘Secretary concerned’ has the 

10 meaning given in section 101(a)(9) in the case of a member 

11 of the armed forces.’’. 

12 (d) CONFORMING AMENDMENTS.—Section 16133(a) of 

13 title 10, United States Code, is amended by striking ‘‘(1)’’ 

14 and all that follows through the period at the end of the 

15 subsection and inserting ‘‘on the date the person is sepa16 rated from the Selected Reserve.’’. 

17 (e) CLERICAL AMENDMENTS.—(1) The table of sections 

18 at the beginning of chapter 30 of title 38, United States 

19 Code, is amended by striking the item relating to section 

20 3020 and inserting the following new item: 

‘‘3020. Authority to transfer unused education benefits to family members of career service members.’’. 

21 (2) The table of sections at the beginning of chapter 

22 1606 of title 10, United States Code, is amended by insertmmaher on MIKETEMP with BILLS

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1 ing after the item relating to section 16132 the following 

2 new item: 

‘‘16132a. Authority to transfer unused education benefits to family members.’’. 

3 (3) The table of sections at the beginning of chapter 

4 1607 of such title is amended by inserting after the item 

5 relating to section 16163 the following new item: 

‘‘16163a. Authority to transfer unused education benefits to family members.’’. 

6 TITLE VI—ACCOUNTABILITY AND 

7 TRANSPARENCY IN GOVERNMENT CONTRACTING 

8 CHAPTER 1—CLOSE THE CONTRACTOR FRAUD 

9 LOOPHOLE 

10 SHORT TITLE

11 SEC. 6101. This chapter may be cited as the ‘‘Close 

12 the Contractor Fraud Loophole Act’’. 

13 REVISION OF THE FEDERAL ACQUISITION REGULATION

14 SEC. 6102. The Federal Acquisition Regulation shall 

15 be amended within 180 days after the date of the enactment 

16 of this Act pursuant to FAR Case 2007–006 (as published 

17 at 72 Fed Reg. 64019, November 14, 2007) or any follow18 on FAR case to include provisions that require timely noti19 fication by Federal contractors of violations of Federal 

20 criminal law or overpayments in connection with the 

21 award or performance of covered contracts or subcontracts, 

22 including those performed outside the United States and 

23 those for commercial items. 

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1 DEFINITION

2 SEC. 6103. In this chapter, the term ‘‘covered contract’’ 

3 means any contract in an amount greater than $5,000,000 

4 and more than 120 days in duration. 

5 CHAPTER 2—GOVERNMENT FUNDING 

6 TRANSPARENCY 

7 SHORT TITLE

8 SEC. 6201. This chapter may be cited as the ‘‘Govern9 ment Funding Transparency Act of 2008’’. 

10 FINANCIAL DISCLOSURE REQUIREMENTS FOR CERTAIN

11 RECIPIENTS OF FEDERAL AWARDS

12 SEC. 6202. (a) DISCLOSURE REQUIREMENTS.—Sec13 tion 2(b)(1) of the Federal Funding Accountability and 

14 Transparency Act (Public Law 109–282; 31 U.S.C. 6101 

15 note) is amended— 

16 (1) by striking ‘‘and’’ at the end of subpara17 graph (E); 

18 (2) by redesignating subparagraph (F) as sub19 paragraph (G); and 

20 (3) by inserting after subparagraph (E) the fol21 lowing new subparagraph: 

22 ‘‘(F) the names and total compensation of 

23 the five most highly compensated officers of the 

24 entity if— 

25 ‘‘(i) the entity in the preceding fiscal 

26 year received— 

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1 ‘‘(I) 80 percent or more of its an2 nual gross revenues in Federal awards; 

3 and 

4 ‘‘(II) $25,000,000 or more in an5 nual gross revenues from Federal 

6 awards; and 

7 ‘‘(ii) the public does not have access to 

8 information about the compensation of the 

9 senior executives of the entity through peri10 odic reports filed under section 13(a) or 

11 15(d) of the Securities Exchange Act of 

12 1934 (15 U.S.C. 78m(a), 78o(d)) or section 

13 6104 of the Internal Revenue Code of 

14 1986.’’. 

15 (b) REGULATIONS REQUIRED.—The Director of the Of16 fice of Management and Budget shall promulgate regula17 tions to implement the amendment made by this chapter. 

18 Such regulations shall include a definition of ‘‘total com19 pensation’’ that is consistent with regulations of the Securi20 ties and Exchange Commission at section 402 of part 229 

21 of title 17 of the Code of Federal Regulations (or any subse22 quent regulation). 

23 TITLE VII—MEDICAID PROVISIONS 

24 SEC. 7001. (a) MORATORIA ON CERTAIN MEDICAID

25 REGULATIONS.— 

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1 (1) EXTENSION OF CERTAIN MORATORIA IN PUB2 LIC LAW 110–28.—Section 7002(a)(1) of the U.S. 

3 Troop Readiness, Veterans’ Care, Katrina Recovery, 

4 and Iraq Accountability Appropriations Act, 2007 

5 (Public Law 110–28) is amended— 

6 (A) by striking ‘‘prior to the date that is 1 

7 year after the date of enactment of this Act’’ and 

8 inserting ‘‘prior to April 1, 2009’’; 

9 (B) in subparagraph (A), by inserting after 

10 ‘‘Federal Regulations)’’ the following: ‘‘or in the 

11 final regulation, relating to such parts, published 

12 on May 29, 2007 (72 Federal Register 29748) 

13 and determined by the United States District 

14 Court for the District of Columbia to have been 

15 ‘improperly promulgated’, Alameda County Med16 ical Center, et al., v. Leavitt, et al., Civil Action 

17 No. 08-0422, Mem. at 4 (D.D.C. May 23, 2008)’’; 

18 and 

19 (C) in subparagraph (C), by inserting be20 fore the period at the end the following: ‘‘, in21 cluding the proposed regulation published on 

22 May 23, 2007 (72 Federal Register 28930)’’. 

23 (2) EXTENSION OF CERTAIN MORATORIA IN PUB24 LIC LAW 110–173.—Section 206 of the Medicare, Medmmaher on MIKETEMP with BILLS

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1 icaid, and SCHIP Extension Act of 2007 (Public 

2 Law 110–173) is amended— 

3 (A) by striking ‘‘June 30, 2008’’ and insert4 ing ‘‘April 1, 2009’’; 

5 (B) by inserting ‘‘, including the proposed 

6 regulation published on August 13, 2007 (72 

7 Federal Register 45201),’’ after ‘‘rehabilitation 

8 services’’; and 

9 (C) by inserting ‘‘, including the final regu10 lation published on December 28, 2007 (72 Fed11 eral Register 73635),’’ after ‘‘school-based trans12 portation’’. 

13 (3) ADDITIONAL MORATORIA.— 

14 (A) IN GENERAL.—Notwithstanding any 

15 other provision of law, the Secretary of Health 

16 and Human Services shall not, prior to April 1, 

17 2009, take any action (through promulgation of 

18 regulation, issuance of regulatory guidance, use 

19 of Federal payment audit procedures, or other 

20 administrative action, policy, or practice, in21 cluding a Medical Assistance Manual trans22 mittal or letter to State Medicaid directors) to 

23 impose any restrictions relating to a provision 

24 described in subparagraph (B) or (C) if such re25 strictions are more restrictive in any aspect than 

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1 those applied to the respective provision as of the 

2 date specified in subparagraph (D) for such pro3 vision. 

4 (B) PORTION OF INTERIM FINAL REGULA5 TION RELATING TO MEDICAID TREATMENT OF OP6 TIONAL CASE MANAGEMENT SERVICES.— 

7 (i) IN GENERAL.—Subject to clause 

8 (ii), the provision described in this subpara9 graph is the interim final regulation relat10 ing to optional State plan case management 

11 services under the Medicaid program pub12 lished on December 4, 2007 (72 Federal 

13 Register 68077) in its entirety. 

14 (ii) EXCEPTION.—The provision de15 scribed in this subparagraph does not in16 clude the portion of such regulation as re17 lates directly to implementing section 

18 1915(g)(2)(A)(ii) of the Social Security Act, 

19 as amended by section 6052 of the Deficit 

20 Reduction Act of 2005 (Public Law 109– 

21 171), through the definition of case manage22 ment services and targeted case manage23 ment services contained in proposed section 

24 440.169 of title 42, Code of Federal Regula25 tions, but only to the extent that such pormmaher on MIKETEMP with BILLS

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1 tion is not more restrictive than the policies 

2 set forth in the Dear State Medicaid Direc3 tor letter on case management issued on 

4 January 19, 2001 (SMDL #01–013), and 

5 with respect to community transition case 

6 management, the Dear State Medicaid Di7 rector letter issued on July 25, 2000 

8 (Olmstead Update 3). 

9 (C) PORTION OF PROPOSED REGULATION

10 RELATING TO MEDICAID ALLOWABLE PROVIDER

11 TAXES.— 

12 (i) IN GENERAL.—Subject to clause 

13 (ii), the provision described in this subpara14 graph is the final regulation relating to 

15 health-care-related taxes under the Medicaid 

16 program published on February 22, 2008 

17 (73 Federal Register 9685) in its entirety. 

18 (ii) EXCEPTION.—The provision de19 scribed in this subparagraph does not in20 clude the portions of such regulation as re21 late to the following: 

22 (I) REDUCTION IN THRESHOLD.— 

23 The reduction from 6 percent to 5.5 

24 percent in the threshold applied under 

25 section 433.68(f)(3)(i) of title 42, Code 

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1 of Federal Regulations, for determining 

2 whether or not there is an indirect 

3 guarantee to hold a taxpayer harmless, 

4 as required to carry out section 

5 1903(w)(4)(C)(ii) of the Social Secu6 rity Act, as added by section 403 of the 

7 Medicare Improvement and Extension 

8 Act of 2006 (division B of Public Law 

9 109–432). 

10 (II) CHANGE IN DEFINITION OF

11 MANAGED CARE.—The change in the 

12 definition of managed care as proposed 

13 in the revision of section 433.56(a)(8) 

14 of title 42, Code of Federal Regula15 tions, as required to carry out section 

16 1903(w)(7)(A)(viii) of the Social Secu17 rity Act, as amended by section 6051 

18 of the Deficit Reduction Act of 2005 

19 (Public Law 109–171). 

20 (D) DATE SPECIFIED.—The date specified 

21 in this subparagraph for the provision described 

22 in— 

23 (i) subparagraph (B) is December 3, 

24 2007; or 

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1 (ii) subparagraph (C) is February 21, 

2 2008. 

3 (b) FUNDS TO REDUCE MEDICAID FRAUD AND

4 ABUSE.— 

5 (1) IN GENERAL.—For purposes of reducing 

6 fraud and abuse in the Medicaid program under title 

7 XIX of the Social Security Act— 

8 (A) there is appropriated to the Office of the 

9 Inspector General of the Department of Health 

10 and Human Services, out of any money in the 

11 Treasury not otherwise appropriated, 

12 $25,000,000, for fiscal year 2009; and 

13 (B) there is authorized to be appropriated 

14 to such Office $25,000,000 for fiscal year 2010 

15 and each subsequent fiscal year. 

16 Amounts appropriated under this section shall re17 main available for expenditure until expended and 

18 shall be in addition to any other amounts appro19 priated or made available to such Office for such pur20 poses with respect to the Medicaid program. 

21 (2) ANNUAL REPORT.—Not later than September 

22 30 of 2009 and of each subsequent year, the Inspector 

23 General of the Department of Health and Human 

24 Services shall submit to the Committees on Energy 

25 and Commerce and Appropriations of the House of 

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1 Representatives and the Committees on Finance and 

2 Appropriations of the Senate a report on the activi3 ties (and the results of such activities) funded under 

4 paragraph (1) to reduce waste, fraud, and abuse in 

5 the Medicaid program under title XIX of the Social 

6 Security Act during the previous 12 month period, 

7 including the amount of funds appropriated under 

8 such paragraph for each such activity and an esti9 mate of the savings to the Medicaid program resulting 

10 from each such activity. 

11 (c) STUDY AND REPORTS TO CONGRESS.— 

12 (1) SECRETARIAL REPORT IDENTIFYING PROB13 LEMS.—Not later than January 1, 2009, the Sec14 retary of Health and Human Services shall submit to 

15 the Committee on Energy and Commerce of the House 

16 of Representatives and the Committee on Finance of 

17 the Senate a report that— 

18 (A) outlines the specific problems the Med19 icaid regulations referred to in the amendments 

20 made by paragraphs (1) and (2) of subsection 

21 (a) were intended to address; 

22 (B) details how these regulations were de23 signed to address these specific problems; and 

24 (C) cites the legal authority for such regula25 tions. 

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1 (2) INDEPENDENT COMPREHENSIVE STUDY AND

2 REPORT.— 

3 (A) IN GENERAL.—Not later than January 

4 1, 2009, the Secretary of Health and Human 

5 Services shall enter into a contract with an inde6 pendent organization for the purpose of— 

7 (i) producing a comprehensive report 

8 on the prevalence of the problems outlined 

9 in the report submitted under paragraph 

10 (1); 

11 (ii) identifying strategies in existence 

12 to address these problems; and 

13 (iii) assessing the impact of each regu14 lation referred to in such paragraph on 

15 each State and the District of Columbia. 

16 (B) ADDITIONAL MATTER.—The report 

17 under subparagraph (A) shall also include— 

18 (i) an identification of which claims 

19 for items and services (including adminis20 trative activities) under title XIX of the So21 cial Security Act are not processed through 

22 systems described in section 1903(r) of such 

23 Act; 

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1 (ii) an examination of the reasons why 

2 these claims for such items and services are 

3 not processed through such systems; and 

4 (iii) recommendations on actions by 

5 the Federal government and the States that 

6 can make claims for such items and services 

7 more accurate and complete consistent with 

8 such title. 

9 (C) DEADLINE.—The report under subpara10 graph (A) shall be submitted to the Committee 

11 on Energy and Commerce of the House of Rep12 resentatives and the Committee on Finance of the 

13 Senate not later than September 1, 2009. 

14 (D) COOPERATION OF STATES.—If the Sec15 retary of Health and Human Services deter16 mines that a State or the District of Columbia 

17 has not cooperated with the independent organi18 zation for purposes of the report under this para19 graph, the Secretary shall reduce the amount 

20 paid to the State or District under section 

21 1903(a) of the Social Security Act (42 U.S.C. 

22 1396b(a)) by $25,000 for each day on which the 

23 Secretary determines such State or District has 

24 not so cooperated. Such reduction shall be made 

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1 through a process that permits the State or Dis2 trict to challenge the Secretary’s determination. 

3 (3) FUNDING.— 

4 (A) IN GENERAL.—Out of any money in the 

5 Treasury of the United States not otherwise ap6 propriated, there are appropriated to the Sec7 retary without further appropriation, $5,000,000 

8 to carry out this subsection. 

9 (B) AVAILABILITY; AMOUNTS IN ADDITION

10 TO OTHER AMOUNTS APPROPRIATED FOR SUCH

11 ACTIVITIES.—Amounts appropriated pursuant to 

12 subparagraph (A) shall— 

13 (i) remain available until expended; 

14 and 

15 (ii) be in addition to any other 

16 amounts appropriated or made available to 

17 the Secretary of Health and Human Serv18 ices with respect to the Medicaid program. 

19 (d) ASSET VERIFICATION THROUGH ACCESS TO IN20 FORMATION HELD BY FINANCIAL INSTITUTIONS.— 

21 (1) ADDITION OF AUTHORITY.—Title XIX of the 

22 Social Security Act is amended by inserting after sec23 tion 1939 the following new section: 

24 ‘‘ASSET VERIFICATION THROUGH ACCESS TO INFORMATION

25 HELD BY FINANCIAL INSTITUTIONS

26 ‘‘SEC. 1940. (a) IMPLEMENTATION.— 

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1 ‘‘(1) IN GENERAL.—Subject to the provisions of 

2 this section, each State shall implement an asset 

3 verification program described in subsection (b), for 

4 purposes of determining or redetermining the eligi5 bility of an individual for medical assistance under 

6 the State plan under this title. 

7 ‘‘(2) PLAN SUBMITTAL.—In order to meet the re8 quirement of paragraph (1), each State shall— 

9 ‘‘(A) submit not later than a deadline speci10 fied by the Secretary consistent with paragraph 

11 (3), a State plan amendment under this title 

12 that describes how the State intends to imple13 ment the asset verification program; and 

14 ‘‘(B) provide for implementation of such 

15 program for eligibility determinations and rede16 terminations made on or after 6 months after the 

17 deadline established for submittal of such plan 

18 amendment. 

19 ‘‘(3) PHASE-IN.— 

20 ‘‘(A) IN GENERAL.— 

21 ‘‘(i) IMPLEMENTATION IN CURRENT

22 ASSET VERIFICATION DEMO STATES.—The 

23 Secretary shall require those States specified 

24 in subparagraph (C) (to which an asset 

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1 fore the date of the enactment of this sec2 tion) to implement an asset verification 

3 program under this subsection by the end of 

4 fiscal year 2009. 

5 ‘‘(ii) IMPLEMENTATION IN OTHER

6 STATES.—The Secretary shall require other 

7 States to submit and implement an asset 

8 verification program under this subsection 

9 in such manner as is designed to result in 

10 the application of such programs, in the ag11 gregate for all such other States, to enroll12 ment of approximately, but not less than, 

13 the following percentage of enrollees, in the 

14 aggregate for all such other States, by the 

15 end of the fiscal year involved: 

16 ‘‘(I) 12.5 percent by the end of fis17 cal year 2009. 

18 ‘‘(II) 25 percent by the end of fis19 cal year 2010. 

20 ‘‘(III) 50 percent by the end of fis21 cal year 2011. 

22 ‘‘(IV) 75 percent by the end of fis23 cal year 2012. 

24 ‘‘(V) 100 percent by the end of fis25 cal year 2013. 

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1 ‘‘(B) CONSIDERATION.—In selecting States 

2 under subparagraph (A)(ii), the Secretary shall 

3 consult with the States involved and take into 

4 account the feasibility of implementing asset 

5 verification programs in each such State. 

6 ‘‘(C) STATES SPECIFIED.—The States speci7 fied in this subparagraph are California, New 

8 York, and New Jersey. 

9 ‘‘(D) CONSTRUCTION.—Nothing in subpara10 graph (A)(ii) shall be construed as preventing a 

11 State from requesting, and the Secretary from 

12 approving, the implementation of an asset 

13 verification program in advance of the deadline 

14 otherwise established under such subparagraph. 

15 ‘‘(4) EXEMPTION OF TERRITORIES.—This section 

16 shall only apply to the 50 States and the District of 

17 Columbia. 

18 ‘‘(b) ASSET VERIFICATION PROGRAM.— 

19 ‘‘(1) IN GENERAL.—For purposes of this section, 

20 an asset verification program means a program de21 scribed in paragraph (2) under which a State— 

22 ‘‘(A) requires each applicant for, or recipi23 ent of, medical assistance under the State plan 

24 under this title on the basis of being aged, blind, 

25 or disabled to provide authorization by such apmmaher on MIKETEMP with BILLS

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1 plicant or recipient (and any other person whose 

2 resources are required by law to be disclosed to 

3 determine the eligibility of the applicant or re4 cipient for such assistance) for the State to ob5 tain (subject to the cost reimbursement require6 ments of section 1115(a) of the Right to Finan7 cial Privacy Act but at no cost to the applicant 

8 or recipient) from any financial institution 

9 (within the meaning of section 1101(1) of such 

10 Act) any financial record (within the meaning of 

11 section 1101(2) of such Act) held by the institu12 tion with respect to the applicant or recipient 

13 (and such other person, as applicable), whenever 

14 the State determines the record is needed in con15 nection with a determination with respect to 

16 such eligibility for (or the amount or extent of) 

17 such medical assistance; and 

18 ‘‘(B) uses the authorization provided under 

19 subparagraph (A) to verify the financial re20 sources of such applicant or recipient (and such 

21 other person, as applicable), in order to deter22 mine or redetermine the eligibility of such appli23 cant or recipient for medical assistance under 

24 the State plan. 

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1 ‘‘(2) PROGRAM DESCRIBED.—A program de2 scribed in this paragraph is a program for verifying 

3 individual assets in a manner consistent with the ap4 proach used by the Commissioner of Social Security 

5 under section 1631(e)(1)(B)(ii). 

6 ‘‘(c) DURATION OF AUTHORIZATION.—Notwith7 standing section 1104(a)(1) of the Right to Financial Pri8 vacy Act, an authorization provided to a State under sub9 section (b)(1) shall remain effective until the earliest of— 

10 ‘‘(1) the rendering of a final adverse decision on 

11 the applicant’s application for medical assistance 

12 under the State’s plan under this title; 

13 ‘‘(2) the cessation of the recipient’s eligibility for 

14 such medical assistance; or 

15 ‘‘(3) the express revocation by the applicant or 

16 recipient (or such other person described in subsection 

17 (b)(1), as applicable) of the authorization, in a writ18 ten notification to the State. 

19 ‘‘(d) TREATMENT OF RIGHT TO FINANCIAL PRIVACY

20 ACT REQUIREMENTS.— 

21 ‘‘(1) An authorization obtained by the State 

22 under subsection (b)(1) shall be considered to meet the 

23 requirements of the Right to Financial Privacy Act 

24 for purposes of section 1103(a) of such Act, and need 

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1 not be furnished to the financial institution, notwith2 standing section 1104(a) of such Act. 

3 ‘‘(2) The certification requirements of section 

4 1103(b) of the Right to Financial Privacy Act shall 

5 not apply to requests by the State pursuant to an au6 thorization provided under subsection (b)(1). 

7 ‘‘(3) A request by the State pursuant to an au8 thorization provided under subsection (b)(1) is 

9 deemed to meet the requirements of section 1104(a)(3) 

10 of the Right to Financial Privacy Act and of section 

11 1102 of such Act, relating to a reasonable description 

12 of financial records. 

13 ‘‘(e) REQUIRED DISCLOSURE.—The State shall inform 

14 any person who provides authorization pursuant to sub15 section (b)(1)(A) of the duration and scope of the authoriza16 tion. 

17 ‘‘(f) REFUSAL OR REVOCATION OF AUTHORIZATION.— 

18 If an applicant for, or recipient of, medical assistance 

19 under the State plan under this title (or such other person 

20 described in subsection (b)(1), as applicable) refuses to pro21 vide, or revokes, any authorization made by the applicant 

22 or recipient (or such other person, as applicable) under sub23 section (b)(1)(A) for the State to obtain from any financial 

24 institution any financial record, the State may, on that 

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1 basis, determine that the applicant or recipient is ineligible 

2 for medical assistance. 

3 ‘‘(g) USE OF CONTRACTOR.—For purposes of imple4 menting an asset verification program under this section, 

5 a State may select and enter into a contract with a public 

6 or private entity meeting such criteria and qualifications 

7 as the State determines appropriate, consistent with re8 quirements in regulations relating to general contracting 

9 provisions and with section 1903(i)(2). In carrying out ac10 tivities under such contract, such an entity shall be subject 

11 to the same requirements and limitations on use and disclo12 sure of information as would apply if the State were to 

13 carry out such activities directly. 

14 ‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall 

15 provide States with technical assistance to aid in imple16 mentation of an asset verification program under this sec17 tion. 

18 ‘‘(i) REPORTS.—A State implementing an asset 

19 verification program under this section shall furnish to the 

20 Secretary such reports concerning the program, at such 

21 times, in such format, and containing such information as 

22 the Secretary determines appropriate. 

23 ‘‘(j) TREATMENT OF PROGRAM EXPENSES.—Notwith24 standing any other provision of law, reasonable expenses 

25 of States in carrying out the program under this section 

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1 shall be treated, for purposes of section 1903(a), in the same 

2 manner as State expenditures specified in paragraph (7) 

3 of such section.’’. 

4 (2) STATE PLAN REQUIREMENTS.—Section 

5 1902(a) of such Act (42 U.S.C. 1396a(a)) is amend6 ed— 

7 (A) in paragraph (69) by striking ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (70) by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (C) by inserting after paragraph (70), as so 

12 amended, the following new paragraph: 

13 ‘‘(71) provide that the State will implement an 

14 asset verification program as required under section 

15 1940.’’. 

16 (3) WITHHOLDING OF FEDERAL MATCHING PAY17 MENTS FOR NONCOMPLIANT STATES.—Section 1903(i) 

18 of such Act (42 U.S.C. 1396b(i)) is amended— 

19 (A) in paragraph (22) by striking ‘‘or’’ at 

20 the end; 

21 (B) in paragraph (23) by striking the pe22 riod at the end and inserting ‘‘; or’’; and 

23 (C) by adding after paragraph (23) the fol24 lowing new paragraph: 

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1 ‘‘(24) if a State is required to implement an 

2 asset verification program under section 1940 and 

3 fails to implement such program in accordance with 

4 such section, with respect to amounts expended by 

5 such State for medical assistance for individuals sub6 ject to asset verification under such section, unless— 

7 ‘‘(A) the State demonstrates to the Sec8 retary’s satisfaction that the State made a good 

9 faith effort to comply; 

10 ‘‘(B) not later than 60 days after the date 

11 of a finding that the State is in noncompliance, 

12 the State submits to the Secretary (and the Sec13 retary approves) a corrective action plan to rem14 edy such noncompliance; and 

15 ‘‘(C) not later than 12 months after the date 

16 of such submission (and approval), the State ful17 fills the terms of such corrective action plan.’’. 

18 (4) REPEAL.—Section 4 of Public Law 110–90 

19 is repealed. 

20 SEC. 7002. (a) MEDICARE IMPROVEMENT FUND.— 

21 Title XVIII of the Social Security Act (42 U.S.C. 1395 et 

22 seq.) is amended by adding at the end the following new 

23 section: 

24 ‘‘MEDICARE IMPROVEMENT FUND

25 ‘‘SEC. 1898. (a) ESTABLISHMENT.—The Secretary 

26 shall establish under this title a Medicare Improvement 

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1 Fund (in this section referred to as the ‘Fund’) which shall 

2 be available to the Secretary to make improvements under 

3 the original fee-for-service program under parts A and B 

4 for individuals entitled to, or enrolled for, benefits under 

5 part A or enrolled under part B. 

6 ‘‘(b) FUNDING.— 

7 ‘‘(1) IN GENERAL.—There shall be available to 

8 the Fund, for expenditures from the Fund for services 

9 furnished during fiscal year 2014, $2,220,000,000. 

10 ‘‘(2) PAYMENT FROM TRUST FUNDS.—The 

11 amount specified under paragraph (1) shall be avail12 able to the Fund, as expenditures are made from the 

13 Fund, from the Federal Hospital Insurance Trust 

14 Fund and the Federal Supplementary Medical Insur15 ance Trust Fund in such proportion as the Secretary 

16 determines appropriate. 

17 ‘‘(3) FUNDING LIMITATION.—Amounts in the 

18 Fund shall be available in advance of appropriations 

19 but only if the total amount obligated from the Fund 

20 does not exceed the amount available to the Fund 

21 under paragraph (1). The Secretary may obligate 

22 funds from the Fund only if the Secretary determines 

23 (and the Chief Actuary of the Centers for Medicare & 

24 Medicaid Services and the appropriate budget officer 

25 certify) that there are available in the Fund sufficient 

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1 amounts to cover all such obligations incurred con2 sistent with the previous sentence.’’. 

3 (b) MEDICAID IMPROVEMENT FUND.— Title XIX of the 

4 Social Security Act (42 U.S.C. 1396 et seq.), as amended 

5 by section 7001(d), is further amended by adding at the 

6 end the following new section: 

7 ‘‘MEDICAID IMPROVEMENT FUND

8 ‘‘SEC. 1941. (a) ESTABLISHMENT.—The Secretary 

9 shall establish under this title a Medicaid Improvement 

10 Fund (in this section referred to as the ‘Fund’) which shall 

11 be available to the Secretary to improve the management 

12 of the Medicaid program by the Centers for Medicare & 

13 Medicaid Services, including oversight of contracts and con14 tractors and evaluation of demonstration projects. Pay15 ments made for activities under this subsection shall be in 

16 addition to payments that would otherwise be made for such 

17 activities. 

18 ‘‘(b) FUNDING.— 

19 ‘‘(1) IN GENERAL.—There shall be available to 

20 the Fund, for expenditures from the Fund— 

21 ‘‘(A) for fiscal year 2014, $100,000,000; and 

22 ‘‘(B) for fiscal years 2015 through 2018, 

23 $150,000,000. 

24 ‘‘(2) FUNDING LIMITATION.—Amounts in the 

25 Fund shall be available in advance of appropriations 

26 but only if the total amount obligated from the Fund 

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1 does not exceed the amount available to the Fund 

2 under paragraph (1). The Secretary may obligate 

3 funds from the Fund only if the Secretary determines 

4 (and the Chief Actuary of the Centers for Medicare & 

5 Medicaid Services and the appropriate budget officer 

6 certify) that there are available in the Fund sufficient 

7 amounts to cover all such obligations incurred con8 sistent with the previous sentence.’’. 

9 (c) ADJUSTMENT TO PAQI FUND.—Section 1848(l)(2) 

10 of the Social Security Act (42 U.S.C. 1395w-4(l)(2)), as 

11 amended by section 101(a)(2) of the Medicare, Medicaid, 

12 and SCHIP Extension Act of 2007 (Public Law 110-173), 

13 is amended— 

14 (1) in subparagraph (A)(i)— 

15 (A) in subclause (III), by striking 

16 ‘‘$4,960,000,000’’ and inserting 

17 ‘‘$4,670,000,000’’; and 

18 (B) by adding at the end the following new 

19 subclause: 

20 ‘‘(IV) For expenditures during 

21 2014, an amount equal to 

22 $290,000,000.’’; 

23 (2) in subparagraph (A)(ii), by adding at the 

24 end the following new subclause: 

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1 ‘‘(IV) 2014.—The amount avail2 able for expenditures during 2014 shall 

3 only be available for an adjustment to 

4 the update of the conversion factor 

5 under subsection (d) for that year.’’; 

6 and 

7 (3) in subparagraph (B)— 

8 (A) in clause (ii), by striking ‘‘and’’ at the 

9 end; 

10 (B) in clause (iii), by striking the period at 

11 the end and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following new 

13 clause: 

14 ‘‘(iv) 2014 for payment with respect to 

15 physicians’ services furnished during 

16 2014.’’. 

17 TITLE VIII—GENERAL PROVISIONS, THIS ACT 

18 AVAILABILITY OF FUNDS

19 SEC. 8001. No part of any appropriation contained 

20 in this Act shall remain available for obligation beyond the 

21 current fiscal year unless expressly so provided herein. 

22 EMERGENCY DESIGNATION

23 SEC. 8002. Each amount in each title of this Act is 

24 designated as an emergency requirement and necessary to 

25 meet emergency needs pursuant to section 204(a) of S. Con. 

26 Res. 21 (110th Congress) and section 301(b)(2) of S. Con. 

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1 Res. 70 (110th Congress), the concurrent resolutions on the 

2 budget for fiscal years 2008 and 2009. 

3 REDUCTION IN DEFENSE AMOUNTS

4 SEC. 8003. Notwithstanding any other provision of 

5 this Act, the total amount appropriated in chapter 1 of title 

6 IX of this Act under the headings ‘‘Procurement’’, ‘‘Re7 search, Development, Test and Evaluation’’, and ‘‘Defense 

8 Working Capital Funds’’ is hereby reduced by 

9 $3,577,845,000. Such reduction shall be applied proportion10 ally to each appropriation account under such headings, 

11 and to each program, project, and activity within each such 

12 appropriation account. 

13 JOINT BASING INITIATIVES

14 SEC. 8004. Section 9310 of this Act is amended by in15 serting ‘‘, except funds deposited in the Department of De16 fense Base Closure Account 2005,’’ after ‘‘None of the funds 

17 available to the Department of Defense’’. 

18 DEFENSE HEALTH PROGRAM

19 SEC. 8005. Amounts provided for ‘‘Defense Health 

20 Program’’ in Public Law 110-28 for Post Traumatic Stress 

21 Disorder and Traumatic Brain Injury (TBI) within oper22 ation and maintenance which remain available for obliga23 tion shall be made available for psychological health and 

24 traumatic brain injury. 

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1 SHORT TITLE

2 SEC. 8006. This Act may be cited as the ‘‘Supple3 mental Appropriations Act, 2008’’. 

Page 60 of the Senate engrossed amendment (of 

September 6, 2007) to H.R. 2642, strike lines 1 through 

3. 

Attest: 

Clerk. 

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110TH CONGRESS 

2D SESSION H.R. 2642 

HOUSE AMENDMENT 

TO SENATE 

AMENDMENTS TO 

HOUSE AMENDMENTS 

TO SENATE 

AMENDMENT 

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