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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2642 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                          May 22, 2008.
      Resolved, That the Senate agree to the amendments of the House of 
Representatives 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

       SENATE AMENDMENTS TO HOUSE AMENDMENTS TO SENATE AMENDMENT:

(1)In lieu of the language proposed to be inserted, insert the 
following:

                                TITLE IX

                            DEFENSE MATTERS

                               CHAPTER 1

        DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$12,216,715,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$894,185,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$1,826,688,000.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,355,544,000.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$304,200,000.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$72,800,000.

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$16,720,000.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$5,000,000.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$1,369,747,000.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $4,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$17,223,512,000.

                    Operation and Maintenance, Navy

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Navy'', 
$2,977,864,000: Provided, That up to $112,607,000 shall be transferred 
to the Coast Guard ``Operating Expenses'' account.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $159,900,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $5,972,520,000.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $3,657,562,000, of which--
            (1) not to exceed $25,000,000 may be used for the Combatant 
        Commander Initiative Fund, to be used in support of Operation 
        Iraqi Freedom and Operation Enduring Freedom;
            (2) not to exceed $800,000,000, to remain available until 
        expended, may be used for payments to reimburse key cooperating 
        nations, for logistical, military, and other support provided 
        to United States military operations, notwithstanding any other 
        provision of law: Provided, That these funds may be used for 
        the purpose of providing specialized training and procuring 
        supplies and specialized equipment and providing such supplies 
        and loaning such equipment on a non-reimbursable basis to 
        coalition forces supporting United States military operations 
        in Iraq and Afghanistan: Provided further, That such payments 
        may be made in such amounts as the Secretary of Defense, with 
        the concurrence of the Secretary of State, and in consultation 
        with the Director of the Office of Management and Budget, may 
        determine, in his discretion, based on documentation determined 
        by the Secretary of Defense to adequately account for the 
        support provided, and such determination is final and 
        conclusive upon the accounting officers of the United States, 
        and 15 days following notification to the appropriate 
        congressional committees: Provided further, That the Secretary 
        of Defense shall provide quarterly reports to the congressional 
        defense committees on the use of funds provided in this 
        paragraph: Provided further, That of the amount available under 
        this heading for the Defense Contract Management Agency, 
        $52,000,000 shall remain available until September 30, 2009.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $164,839,000.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $109,876,000.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $70,256,000.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $165,994,000.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $685,644,000.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $287,369,000.

                           Iraq Freedom Fund

                     (including transfer of funds)

    For an additional amount for ``Iraq Freedom Fund'', $50,000,000, to 
remain available for transfer until September 30, 2009, notwithstanding 
any other provision of law, only for the redevelopment of the Iraqi 
industrial sector by identifying, and providing assistance to, 
factories and other industrial facilities that are best situated to 
resume operations quickly and reemploy the Iraqi workforce: Provided, 
That the Secretary of Defense shall, not fewer than 15 days prior to 
making transfers from this appropriation, notify the congressional 
defense committees in writing of the details of any such transfer.

                    Afghanistan Security Forces Fund

    For an additional amount for the ``Afghanistan Security Forces 
Fund'', $1,400,000,000, to remain available until September 30, 2009.

                       Iraq Security Forces Fund

                     (including transfer of funds)

    For an additional amount for the ``Iraq Security Forces Fund'', 
$1,500,000,000, to remain available until September 30, 2009: Provided, 
That such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, for the purpose of allowing 
the Commander, Multi-National Security Transition Command--Iraq, or the 
Secretary's designee, to provide assistance, with the concurrence of 
the Secretary of State, to the security forces of Iraq, including the 
provision of equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction, and funding: 
Provided further, That none of the assistance provided under this 
heading in the form of funds may be utilized for the provision of 
salaries, wages, or bonuses to personnel of the Iraqi Security Forces: 
Provided further, That the authority to provide assistance under this 
heading is in addition to any other authority to provide assistance to 
foreign nations: Provided further, That the Secretary of Defense may 
transfer such funds to appropriations for military personnel; operation 
and maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; and defense 
working capital funds to accomplish the purposes provided herein: 
Provided further, That this transfer authority is in addition to any 
other transfer authority available to the Department of Defense: 
Provided further, That upon a determination that all or part of the 
funds so transferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That contributions of funds for the 
purposes provided herein from any person, foreign government, or 
international organization may be credited to this Fund, and used for 
such purposes: Provided further, That the Secretary shall notify the 
congressional defense committees in writing upon the receipt and upon 
the transfer of any contribution delineating the sources and amounts of 
the funds received and the specific use of such contributions: Provided 
further, That the Secretary of Defense shall, not fewer than 15 days 
prior to making transfers from this appropriation account, notify the 
congressional defense committees in writing of the details of any such 
transfer: Provided further, That the Secretary shall submit a report no 
later than 30 days after the end of each fiscal quarter to the 
congressional defense committees summarizing the details of the 
transfer of funds from this appropriation.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$954,111,000, to remain available for obligation until September 30, 
2010.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$561,656,000, to remain available for obligation until September 30, 
2010.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $5,463,471,000, to remain available for 
obligation until September 30, 2010.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$344,900,000, to remain available for obligation until September 30, 
2010.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$16,337,340,000, to remain available for obligation until September 30, 
2010.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$3,563,254,000, to remain available for obligation until September 30, 
2010.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$317,456,000, to remain available for obligation until September 30, 
2010.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $304,945,000, to remain available for obligation until 
September 30, 2010.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$1,399,135,000, to remain available for obligation until September 30, 
2010.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$2,197,390,000, to remain available for obligation until September 30, 
2010.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$7,103,923,000, to remain available for obligation until September 30, 
2010.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$66,943,000, to remain available for obligation until September 30, 
2010.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $205,455,000, to remain available for obligation until 
September 30, 2010.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$1,953,167,000, to remain available for obligation until September 30, 
2010.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$408,209,000, to remain available for obligation until September 30, 
2010.

                  National Guard and Reserve Equipment

    For an additional amount for ``National Guard and Reserve 
Equipment'', $825,000,000, to remain available for obligation until 
September 30, 2010: Provided, That the Chiefs of the National Guard and 
Reserve components shall, prior to the expenditure of funds, and not 
later than 30 days after the enactment of this Act, individually submit 
to the congressional defense committees an equipment modernization 
priority assessment with a detailed plan for the expenditure of funds 
for their respective National Guard and Reserve components.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $162,958,000, to remain available until September 
30, 2009.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $366,110,000, to remain available until September 
30, 2009.

         Research, Development, Test And Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $399,817,000, to remain available until 
September 30, 2009.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $816,598,000, to remain available until 
September 30, 2009.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$1,837,450,000, to remain available for obligation until expended.

                     National Defense Sealift Fund

    For an additional amount for ``National Defense Sealift Fund'', 
$5,110,000, to remain available for obligation until expended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$1,413,864,000, of which $957,064,000 shall be for operation and 
maintenance; of which $91,900,000 is for procurement, to remain 
available until September 30, 2010; of which $364,900,000 shall be for 
research, development, test and evaluation, to remain available until 
September 30, 2009: Provided, That in addition to amounts otherwise 
contained in this paragraph, $75,000,000 is hereby appropriated to the 
``Defense Health Program'' for operation and maintenance for 
psychological health and traumatic brain injury, to remain available 
until September 30, 2009.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $65,317,000, to remain available until September 
30, 2009.

                    Office of the Inspector General

    For an additional amount for ``Office of the Inspector General'', 
$6,394,000, of which $2,000,000 shall be for research, development, 
test and evaluation, to remain available until September 30, 2009.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 9101. Appropriations provided in this chapter are available 
for obligation until September 30, 2008, unless otherwise provided in 
this chapter.
    Sec. 9102. Notwithstanding any other provision of law, funds made 
available in this chapter are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for fiscal year 
2008.

                     (including transfer of funds)

    Sec. 9103. Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may 
transfer between appropriations up to $2,500,000,000 of the funds made 
available to the Department of Defense in this chapter: Provided, That 
the Secretary shall notify the Congress promptly of each transfer made 
pursuant to the authority in this section: Provided further, That the 
authority provided in this section is in addition to any other transfer 
authority available to the Department of Defense and is subject to the 
same terms and conditions as the authority provided in section 8005 of 
Public Law 110-116, except for the fourth proviso.
    Sec. 9104. (a) From funds made available for operation and 
maintenance in this chapter to the Department of Defense, not to exceed 
$1,226,841,000 may be used, notwithstanding any other provision of law, 
to fund the Commander's Emergency Response Program, for the purpose of 
enabling military commanders in Iraq, Afghanistan, and the Philippines 
to respond to urgent humanitarian relief and reconstruction 
requirements within their areas of responsibility by carrying out 
programs that will immediately assist the Iraqi, Afghan, and Filipino 
people.
    (b) Not later than 15 days after the end of each fiscal year 
quarter, the Secretary of Defense shall submit to the congressional 
defense committees a report regarding the source of funds and the 
allocation and use of funds during that quarter that were made 
available pursuant to the authority provided in this section or under 
any other provision of law for the purposes of the programs under 
subsection (a).

                     (including transfer of funds)

    Sec. 9105. During fiscal year 2008, the Secretary of Defense may 
transfer not to exceed $6,500,000 of the amounts in or credited to the 
Defense Cooperation Account, pursuant to 10 U.S.C. 2608, to such 
appropriations or funds of the Department of Defense as the Secretary 
shall determine for use consistent with the purposes for which such 
funds were contributed and accepted: Provided, That such amounts shall 
be available for the same time period as the appropriation to which 
transferred: Provided further, That the Secretary shall report to the 
Congress all transfers made pursuant to this authority.
    Sec. 9106. Of the amount appropriated by this chapter under the 
heading ``Drug Interdiction and Counter-Drug Activities, Defense'', not 
to exceed $20,000,000 may be used for the provision of support for 
counter-drug activities of the Governments of Afghanistan, Kazakhstan, 
Kyrgyzstan, Pakistan, Tajikistan, and Turkmenistan, as specified in 
section 1033 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85, as amended by Public Laws 106-398, 108-136, 
109-364, and 110-181): Provided, That such support shall be in addition 
to support provided under any other provision of the law.
    Sec. 9107. Amounts provided in this chapter for operations in Iraq 
and Afghanistan may be used by the Department of Defense for the 
purchase of up to 20 heavy and light armored vehicles for force 
protection purposes, notwithstanding price or other limitations 
specified elsewhere in the Department of Defense Appropriations Act, 
2008 (Public Law 110-116), or any other provision of law: Provided, 
That notwithstanding any other provision of law, funds provided in 
Public Law 110-116 and Public Law 110-161 under the heading ``Other 
Procurement, Navy'' may be used for the purchase of 21 vehicles 
required for physical security of personnel, notwithstanding price 
limitations applicable to passenger vehicles but not to exceed $255,000 
per vehicle: Provided further, That the Secretary of Defense shall 
submit a report in writing no later than 30 days after the end of each 
fiscal quarter notifying the congressional defense committees of any 
purchase described in this section, including cost, purposes, and 
quantities of vehicles purchased.

                     (including transfer of funds)

    Sec. 9108. Section 8122(c) of Public Law 110-116 is amended by 
adding at the end the following:
            ``(4) Upon a determination that all or part of the funds 
        transferred under paragraph (1) are not necessary to accomplish 
        the purposes specified in subsection (b), such amounts may be 
        transferred back to the `Mine Resistant Ambush Protected 
        Vehicle Fund'.''.
    Sec. 9109. Notwithstanding any other provision of law, not to 
exceed $150,000,000 of funds made available in this chapter may be 
obligated to conduct or support a program to build the capacity of a 
foreign country's national military forces in order for that country to 
conduct counterterrorist operations or participate in or support 
military and stability operations in which the U.S. Armed Forces are a 
participant: Provided, That funds available pursuant to the authority 
in this section shall be subject to the same restrictions, limitations, 
and reporting requirements as funds available pursuant to section 1206 
of Public Law 109-163 as amended.

                               CHAPTER 2

        DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$839,000,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$75,000,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$55,000,000.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$75,000,000.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$150,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$37,300,000,000.

                    Operation and Maintenance, Navy

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Navy'', 
$3,500,000,000: Provided, That up to $112,000,000 shall be transferred 
to the Coast Guard ``Operating Expenses'' account.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $2,900,000,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $5,000,000,000.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $2,648,569,000, of which not to exceed $200,000,000, to remain 
available until expended, may be used for payments to reimburse key 
cooperating nations, for logistical, military, and other support 
provided to United States military operations, notwithstanding any 
other provision of law: Provided, That these funds may be used for the 
purpose of providing specialized training and procuring supplies and 
specialized equipment and providing such supplies and loaning such 
equipment on a non-reimbursable basis to coalition forces supporting 
United States military operations in Iraq and Afghanistan: Provided 
further, That such payments may be made in such amounts as the 
Secretary of Defense, with the concurrence of the Secretary of State, 
and in consultation with the Director of the Office of Management and 
Budget, may determine, in his discretion, based on documentation 
determined by the Secretary of Defense to adequately account for the 
support provided, and such determination is final and conclusive upon 
the accounting officers of the United States, and 15 days following 
notification to the appropriate congressional committees: Provided 
further, That the Secretary of Defense shall provide quarterly reports 
to the congressional defense committees on the use of funds provided in 
this paragraph.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $79,291,000.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $42,490,000.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $47,076,000.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $12,376,000.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $333,540,000.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $52,667,000.

                    Afghanistan Security Forces Fund

    For an additional amount for the ``Afghanistan Security Forces 
Fund'', $2,000,000,000, to remain available until September 30, 2009.

                       Iraq Security Forces Fund

                     (including transfer of funds)

    For the ``Iraq Security Forces Fund'', $1,000,000,000, to remain 
available until September 30, 2009: Provided, That such funds shall be 
available to the Secretary of Defense, notwithstanding any other 
provision of law, for the purpose of allowing the Commander, Multi-
National Security Transition Command--Iraq, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security forces of Iraq, including the provision of 
equipment, supplies, services, training, facility and infrastructure 
repair, renovation, and construction, and funding: Provided further, 
That none of the assistance provided under this heading in the form of 
funds may be utilized for the provision of salaries, wages, or bonuses 
to personnel of the Iraqi Security Forces: Provided further, That the 
authority to provide assistance under this heading is in addition to 
any other authority to provide assistance to foreign nations: Provided 
further, That the Secretary of Defense may transfer such funds to 
appropriations for military personnel; operation and maintenance; 
Overseas Humanitarian, Disaster, and Civic Aid; procurement; research, 
development, test and evaluation; and defense working capital funds to 
accomplish the purposes provided herein: Provided further, That this 
transfer authority is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That upon a 
determination that all or part of the funds so transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further, That contributions of funds for the purposes provided herein 
from any person, foreign government, or international organization may 
be credited to this Fund, and used for such purposes: Provided further, 
That the Secretary shall notify the congressional defense committees in 
writing upon the receipt and upon the transfer of any contribution 
delineating the sources and amounts of the funds received and the 
specific use of such contributions: Provided further, That the 
Secretary of Defense shall, not fewer than 15 days prior to making 
transfers from this appropriation account, notify the congressional 
defense committees in writing of the details of any such transfer: 
Provided further, That the Secretary shall submit a report no later 
than 30 days after the end of each fiscal quarter to the congressional 
defense committees summarizing the details of the transfer of funds 
from this appropriation.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$84,000,000, to remain available for obligation until September 30, 
2011.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $822,674,000, to remain available for 
obligation until September 30, 2011.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$46,500,000, to remain available for obligation until September 30, 
2011.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$1,009,050,000, to remain available for obligation until September 30, 
2011.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$27,948,000, to remain available for obligation until September 30, 
2011.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$565,425,000, to remain available for obligation until September 30, 
2011.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$201,842,000, to remain available for obligation until September 30, 
2011.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$1,500,644,000, to remain available for obligation until September 30, 
2011.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$177,237,000, to remain available for obligation until September 30, 
2011.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $113,228,000, to remain available until September 
30, 2010.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $72,041,000, to remain available until 
September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $202,559,000, to remain available until 
September 30, 2010.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$1,100,000,000 for operation and maintenance.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $188,000,000.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

    For an additional amount for ``Joint Improvised Explosive Device 
Defeat Fund'', $2,000,000,000, to remain available until September 30, 
2011: Provided, That such funds shall be available to the Secretary of 
Defense, notwithstanding any other provision of law, for the purpose of 
allowing the Director of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equipment, supplies, 
services, training, facilities, personnel and funds to assist United 
States forces in the defeat of improvised explosive devices: Provided 
further, That within 60 days of the enactment of this Act, a plan for 
the intended management and use of the amounts provided under this 
heading shall be submitted to the congressional defense committees: 
Provided further, That the Secretary of Defense shall submit a report 
not later than 60 days after the end of each fiscal quarter to the 
congressional defense committees providing assessments of the evolving 
threats, individual service requirements to counter the threats, the 
current strategy for predeployment training of members of the Armed 
Forces on improvised explosive devices, and details on the execution of 
the Fund: Provided further, That the Secretary of Defense may transfer 
funds provided herein to appropriations for operation and maintenance; 
procurement; research, development, test and evaluation; and defense 
working capital funds to accomplish the purpose provided herein: 
Provided further, That this transfer authority is in addition to any 
other transfer authority available to the Department of Defense: 
Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 9201. Appropriations provided in this chapter are not 
available for obligation until October 1, 2008.
    Sec. 9202. Appropriations provided in this chapter are available 
for obligation until September 30, 2009, unless otherwise provided in 
this chapter.

                     (including transfer of funds)

    Sec. 9203. Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may 
transfer between appropriations up to $4,000,000,000 of the funds made 
available to the Department of Defense in this chapter: Provided, That 
the Secretary shall notify the Congress promptly of each transfer made 
pursuant to the authority in this section: Provided further, That the 
authority provided in this section is in addition to any other transfer 
authority available to the Department of Defense and is subject to the 
same terms and conditions as the authority provided in section 8005 of 
Public Law 110-116, except for the fourth proviso.
    Sec. 9204. (a) Not later than December 5, 2008 and every 90 days 
thereafter through the end of fiscal year 2009, the Secretary of 
Defense shall set forth in a report to Congress a comprehensive set of 
performance indicators and measures for progress toward military and 
political stability in Iraq.
    (b) The report shall include performance standards and goals for 
security, economic, and security force training objectives in Iraq 
together with a notional timetable for achieving these goals.
    (c) In specific, the report requires, at a minimum, the following:
            (1) With respect to stability and security in Iraq, the 
        following:
                    (A) Key measures of political stability, including 
                the important political milestones that must be 
                achieved over the next several years.
                    (B) The primary indicators of a stable security 
                environment in Iraq, such as number of engagements per 
                day, numbers of trained Iraqi forces, trends relating 
                to numbers and types of ethnic and religious-based 
                hostile encounters, and progress made in the transition 
                of responsibility for the security of Iraqi provinces 
                to the Iraqi Security Forces under the Provincial Iraqi 
                Control (PIC) process.
                    (C) An assessment of the estimated strength of the 
                insurgency in Iraq and the extent to which it is 
                composed of non-Iraqi fighters.
                    (D) A description of all militias operating in 
                Iraq, including the number, size, equipment strength, 
                military effectiveness, sources of support, legal 
                status, and efforts to disarm or reintegrate each 
                militia.
                    (E) Key indicators of economic activity that should 
                be considered the most important for determining the 
                prospects of stability in Iraq, including--
                            (i) unemployment levels;
                            (ii) electricity, water, and oil production 
                        rates; and
                            (iii) hunger and poverty levels.
                    (F) The most recent annual budget for the 
                Government of Iraq, including a description of amounts 
                budgeted for support of Iraqi security and police 
                forces and an assessment of how planned funding will 
                impact the training, equipping and overall readiness of 
                those forces.
                    (G) The criteria the Administration will use to 
                determine when it is safe to begin withdrawing United 
                States forces from Iraq.
            (2) With respect to the training and performance of 
        security forces in Iraq, the following:
                    (A) The training provided Iraqi military and other 
                Ministry of Defense forces and the equipment used by 
                such forces.
                    (B) Key criteria for assessing the capabilities and 
                readiness of the Iraqi military and other Ministry of 
                Defense forces, goals for achieving certain capability 
                and readiness levels (as well as for recruiting, 
                training, and equipping these forces), and the 
                milestones and notional timetable for achieving these 
                goals.
                    (C) The operational readiness status of the Iraqi 
                military forces, including the type, number, size, and 
                organizational structure of Iraq battalions that are--
                            (i) capable of conducting counterinsurgency 
                        operations independently without any support 
                        from Coalition Forces;
                            (ii) capable of conducting 
                        counterinsurgency operations with the support 
                        of United States or coalition forces; or
                            (iii) not ready to conduct 
                        counterinsurgency operations.
                    (D) The amount and type of support provided by 
                Coalition Forces to the Iraqi Security Forces at each 
                level of operational readiness.
                    (E) The number of Iraqi battalions in the Iraqi 
                Army currently conducting operations and the type of 
                operations being conducted.
                    (F) The rates of absenteeism in the Iraqi military 
                forces and the extent to which insurgents have 
                infiltrated such forces.
                    (G) The training provided Iraqi police and other 
                Ministry of Interior forces and the equipment used by 
                such forces.
                    (H) The level and effectiveness of the Iraqi 
                Security Forces under the Ministry of Defense in 
                provinces where the United States has formally 
                transferred responsibility for the security of the 
                province to the Iraqi Security Forces under the 
                Provincial Iraqi Control (PIC) process.
                    (I) Key criteria for assessing the capabilities and 
                readiness of the Iraqi police and other Ministry of 
                Interior forces, goals for achieving certain capability 
                and readiness levels (as well as for recruiting, 
                training, and equipping), and the milestones and 
                notional timetable for achieving these goals, 
                including--
                            (i) the number of police recruits that have 
                        received classroom training and the duration of 
                        such instruction;
                            (ii) the number of veteran police officers 
                        who have received classroom instruction and the 
                        duration of such instruction;
                            (iii) the number of police candidates 
                        screened by the Iraqi Police Screening Service, 
                        the number of candidates derived from other 
                        entry procedures, and the success rates of 
                        those groups of candidates;
                            (iv) the number of Iraqi police forces who 
                        have received field training by international 
                        police trainers and the duration of such 
                        instruction;
                            (v) attrition rates and measures of 
                        absenteeism and infiltration by insurgents; and
                            (vi) the level and effectiveness of the 
                        Iraqi Police and other Ministry of Interior 
                        Forces in provinces where the United States has 
                        formally transferred responsibility for the 
                        security of the province to the Iraqi Security 
                        Forces under the Provincial Iraqi Control (PIC) 
                        process.
                    (J) The estimated total number of Iraqi battalions 
                needed for the Iraqi security forces to perform duties 
                now being undertaken by coalition forces, including 
                defending the borders of Iraq and providing adequate 
                levels of law and order throughout Iraq.
                    (K) The effectiveness of the Iraqi military and 
                police officer cadres and the chain of command.
                    (L) The number of United States and coalition 
                advisors needed to support the Iraqi security forces 
                and associated ministries.
                    (M) An assessment, in a classified annex if 
                necessary, of United States military requirements, 
                including planned force rotations, through the end of 
                calendar year 2009.
    Sec. 9205. (a) Report by Secretary of Defense.--Not later than 30 
days after the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense committees a report 
that contains individual transition readiness assessments by unit of 
Iraq and Afghan security forces. The Secretary of Defense shall submit 
to the congressional defense committees updates of the report required 
by this subsection every 90 days after the date of the submission of 
the report until October 1, 2009. The report and updates of the report 
required by this subsection shall be submitted in classified form.
    (b) Report by OMB.--
            (1) The Director of the Office of Management and Budget, in 
        consultation with the Secretary of Defense; the Commander, 
        Multi-National Security Transition Command--Iraq; and the 
        Commander, Combined Security Transition Command--Afghanistan, 
        shall submit to the congressional defense committees not later 
        than 120 days after the date of the enactment of this Act and 
        every 90 days thereafter a report on the proposed use of all 
        funds under each of the headings ``Iraq Security Forces Fund'' 
        and ``Afghanistan Security Forces Fund'' on a project-by-
        project basis, for which the obligation of funds is anticipated 
        during the 3-month period from such date, including estimates 
        by the commanders referred to in this paragraph of the costs 
        required to complete each such project.
            (2) The report required by this subsection shall include 
        the following:
                    (A) The use of all funds on a project-by-project 
                basis for which funds appropriated under the headings 
                referred to in paragraph (1) were obligated prior to 
                the submission of the report, including estimates by 
                the commanders referred to in paragraph (1) of the 
                costs to complete each project.
                    (B) The use of all funds on a project-by-project 
                basis for which funds were appropriated under the 
                headings referred to in paragraph (1) in prior 
                appropriations Acts, or for which funds were made 
                available by transfer, reprogramming, or allocation 
                from other headings in prior appropriations Acts, 
                including estimates by the commanders referred to in 
                paragraph (1) of the costs to complete each project.
                    (C) An estimated total cost to train and equip the 
                Iraq and Afghan security forces, disaggregated by major 
                program and sub-elements by force, arrayed by fiscal 
                year.
    (c) Notification.--The Secretary of Defense shall notify the 
congressional defense committees of any proposed new projects or 
transfers of funds between sub-activity groups in excess of $15,000,000 
using funds appropriated by this Act under the headings ``Iraq Security 
Forces Fund'' and ``Afghanistan Security Forces Fund''.
    Sec. 9206. Funds available to the Department of Defense for 
operation and maintenance provided in this chapter may be used, 
notwithstanding any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and other 
logistical support to coalition forces supporting military and 
stability operations in Iraq and Afghanistan: Provided, That the 
Secretary of Defense shall provide quarterly reports to the 
congressional defense committees regarding support provided under this 
section.
    Sec. 9207. Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance, ``Afghanistan Security Forces Fund'' or ``Iraq 
Security Forces Fund'' provided in this chapter, and executed in direct 
support of the Global War on Terrorism only in Iraq and Afghanistan, 
may be obligated at the time a construction contract is awarded: 
Provided, That for the purpose of this section, supervision and 
administration costs include all in-house Government costs.

                     (including transfer of funds)

    Sec. 9208. (a) Notwithstanding any other provision of law, and in 
addition to amounts otherwise made available by this Act, there is 
appropriated $1,700,000,000 for the ``Mine Resistant Ambush Protected 
Vehicle Fund'', to remain available until September 30, 2009.
    (b) The funds provided by subsection (a) shall be available to the 
Secretary of Defense to continue technological research and development 
and upgrades, to procure Mine Resistant Ambush Protected vehicles and 
associated support equipment, and to sustain, transport, and field Mine 
Resistant Ambush Protected vehicles.
    (c)(1) The Secretary of Defense shall transfer funds provided by 
subsection (a) to appropriations for operation and maintenance; 
procurement; and research, development, test and evaluation to 
accomplish the purposes specified in subsection (b). Such transferred 
funds shall be merged with and be available for the same purposes and 
for the same time period as the appropriation to which they are 
transferred.
    (2) The transfer authority provided by this subsection shall be in 
addition to any other transfer authority available to the Department of 
Defense.
    (3) The Secretary of Defense shall, not less than 15 days prior to 
making any transfer under this subsection, notify the congressional 
defense committees in writing of the details of the transfer.
    Sec. 9209. For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.

                               CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9301. Each amount in this title is designated as an emergency 
requirement and necessary to meet emergency needs pursuant to 
subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th 
Congress), the concurrent resolution on the budget for fiscal year 
2008.
    Sec. 9302. Funds appropriated by this title, or made available by 
the transfer of funds in this title, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes of 
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
414(a)(1)).
    Sec. 9303. None of the funds made available in this Act may be used 
in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code;
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 
        112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
        prescribed thereto, including regulations under part 208 of 
        title 8, Code of Federal Regulations, and part 95 of title 22, 
        Code of Federal Regulations; and
            (3) Sections 1002 and 1003 of the Department of Defense, 
        Emergency Supplemental Appropriations to Address Hurricanes in 
        the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public 
        Law 109-148).
    Sec. 9304. (a) Report Required.--Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense, the 
Secretary of State, and the Secretary of Homeland Security, in 
coordination with the Chairman of the Joint Chiefs of Staff and the 
Director of National Intelligence, shall jointly submit to Congress a 
report setting forth the global strategy of the United States to combat 
and defeat al Qaeda and its affiliates.
    (b) Elements of Strategy.--The strategy set forth in the report 
required under subsection (a) shall include the following elements:
            (1) An analysis of the global threat posed by al Qaeda and 
        its affiliates, including an assessment of the relative threat 
        posed in particular regions or countries.
            (2) Recommendations regarding the distribution and 
        deployment of United States military, intelligence, diplomatic, 
        and other assets to meet the relative regional and country-
        specific threats described in paragraph (1).
            (3) Recommendations to ensure that the global deployment of 
        United States military personnel and equipment best meet the 
        threat identified and described in paragraph (1) and:
                    (A) does not undermine the military readiness or 
                homeland security of the United States;
                    (B) ensures adequate time between military 
                deployments for rest and training; and
                    (C) does not require further extensions of military 
                deployments to the extent practicable.
    (c) Classified Annex.--The report required by subsection (a) shall 
be submitted in unclassified form, but shall include a classified 
annex.
    Sec. 9305. None of the funds provided in this title may be used to 
finance programs or activities denied by Congress in fiscal years 2007 
or 2008 appropriations to the Department of Defense or to initiate a 
procurement or research, development, test and evaluation new start 
program without prior written notification to the congressional defense 
committees.
    Sec. 9306. Section 1002(c)(2) of the National Defense Authorization 
Act, Fiscal Year 2008 (Public Law 110-181) is amended by striking 
``$362,159,000'' and inserting ``$435,259,000''.
    Sec. 9307. None of the funds appropriated or otherwise made 
available by this title may be obligated or expended to provide award 
fees to any defense contractor contrary to the provisions of section 
814 of the National Defense Authorization Act, Fiscal Year 2007 (Public 
Law 109-364).

                             (rescissions)

    Sec. 9308. (a) Of the funds made available for ``Defense Health 
Program'' in Public Law 110-28, $75,000,000 are rescinded.
    (b) Of the funds made available for ``Joint Improvised Explosive 
Device Defeat Fund'' in division L of the Consolidated Appropriations 
Act, 2008 (Public Law 110-161), $71,531,000 are rescinded.
    Sec. 9309. Of the funds appropriated in the U.S. Troop Readiness, 
Veterans' Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007 (Public Law 110-28) which remain available for 
obligation under the ``Iraq Freedom Fund'', $150,000,000 is only for 
the Joint Rapid Acquisition Cell, and $10,000,000 is only for the 
transportation of fallen service members.
    Sec. 9310. None of the funds available to the Department of Defense 
may be obligated or expended to implement any final action on joint 
basing initiatives required under the 2005 round of defense base 
closure and realignment under the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
note) until each affected Secretary of a military department or the 
head of each affected Federal agency certifies to the congressional 
defense committees that joint basing at the affected military 
installation will result in significant costs savings and will not 
negatively impact the morale of members of the Armed Forces.
    Sec. 9311. Funds available in this title which are available to the 
Department of Defense for operation and maintenance may be used to 
purchase items having an investment unit cost of not more than 
$250,000: Provided, That upon determination by the Secretary of Defense 
that such action is necessary to meet the operational requirements of a 
Commander of a Combatant Command engaged in contingency operations 
overseas, such funds may be used to purchase items having an investment 
item unit cost of not more than $500,000.

(2)In lieu of the language proposed to be inserted, insert the 
following:

                                TITLE I

    OTHER SECURITY, MILITARY CONSTRUCTION, AND INTERNATIONAL MATTERS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

    For an additional amount for ``Public Law 480 Title II Grants'', 
$850,000,000, to remain available until expended.
    For an additional amount for ``Public Law 480 Title II Grants'', 
$395,000,000, to become available on October 1, 2008, and to remain 
available until expended.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration

                      office of inspector general

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

                            Legal Activities

            salaries and expenses, general legal activities

    For an additional amount for ``Salaries and Expenses, General Legal 
Activities'', $1,648,000, to remain available until September 30, 2009.

             salaries and expenses, united states attorneys

    For an additional amount for ``Salaries and Expenses, United States 
Attorneys'', $5,000,000, to remain available until September 30, 2009.

                     United States Marshals Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$18,621,000, to remain available until September 30, 2009.

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$164,965,000, to remain available until September 30, 2009.
    For an additional amount for ``Salaries and Expenses'', $82,600,000 
to become available on October 1, 2008 and to remain available until 
September 30, 2009.

                    Drug Enforcement Administration

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$22,666,000, to remain available until September 30, 2009.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $4,000,000, 
to remain available until September 30, 2009.

                         Federal Prison System

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $9,100,000, 
to remain available until September 30, 2009.

                               CHAPTER 3

                         MILITARY CONSTRUCTION

                      Military Construction, Army

    For an additional amount for ``Military Construction, Army'', 
$1,170,200,000: Provided, That such funds may be obligated and expended 
to carry out planning and design and military construction projects not 
otherwise authorized by law: Provided further, That of the funds made 
available under this heading, $1,033,000,000 shall remain available 
until September 30, 2009, and $137,200,000 shall remain available until 
September 30, 2012: Provided further, That funds made available under 
this heading for military construction projects in Iraq shall not be 
obligated or expended until the Secretary of Defense certifies to the 
Committees on Appropriations of both Houses of Congress that none of 
the funds are to be used for the purpose of providing facilities for 
the permanent basing of U.S. military personnel in Iraq.

              Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $300,084,000: Provided, That such funds may be 
obligated and expended to carry out planning and design and military 
construction projects not otherwise authorized by law: Provided 
further, That of the funds made available under this heading, 
$270,785,000 shall remain available until September 30, 2009, and 
$29,299,000 shall remain available until September 30, 2012.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$361,900,000: Provided, That such funds may be obligated and expended 
to carry out planning and design and military construction projects not 
otherwise authorized by law: Provided further, That of the funds made 
available under this heading, $324,300,000 shall remain available until 
September 30, 2009, and $37,600,000 shall remain available until 
September 30, 2012: Provided further, That funds made available under 
this heading for military construction projects in Iraq shall not be 
obligated or expended until the Secretary of Defense certifies to the 
Committees on Appropriations of both Houses of Congress that none of 
the funds are to be used for the purpose of providing facilities for 
the permanent basing of U.S. military personnel in Iraq.

                  Military Construction, Defense-Wide

    For an additional amount for ``Military Construction, Defense-
Wide'', $27,600,000, to remain available until September 30, 2009: 
Provided, That such funds may be obligated and expended to carry out 
planning and design and military construction projects not otherwise 
authorized by law.

           Family Housing Construction, Navy and Marine Corps

    For an additional amount for ``Family Housing Construction, Navy 
and Marine Corps'', $11,766,000, to remain available until September 
30, 2012: Provided, That such funds may be obligated or expended for 
planning and design and military construction projects not otherwise 
authorized by law.

            Department of Defense Base Closure Account 2005

    For deposit into the Department of Defense Base Closure Account 
2005, established by section 2906A(a)(1) of the Defense Base Closure 
and Realignment Act of 1990 (10 U.S.C. 2687 note), $1,202,886,000, to 
remain available until expended.

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration

                       general operating expenses

    For an additional amount for ``General Operating Expenses'', 
$100,000,000, to remain available until expended.

                     information technology systems

    For an additional amount for ``Information Technology Systems'', 
$20,000,000, to remain available until expended.

                      construction, major projects

    For an additional amount for ``Construction, Major Projects'', 
$437,100,000, to remain available until expended, which shall be for 
acceleration and completion of planned major construction of Level I 
polytrauma rehabilitation centers as identified in the Department of 
Veterans Affairs' Five Year Capital Plan: Provided, That 
notwithstanding any other provision of law, such funds may be obligated 
and expended to carry out planning and design and major medical 
facility construction not otherwise authorized by law: Provided 
further, That within 30 days of enactment of this Act the Secretary 
shall submit to the Committees on Appropriations of both Houses of 
Congress an expenditure plan for funds provided under this heading.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 1301. In addition to amounts otherwise appropriated or made 
available under the heading ``Military Construction, Army'', there is 
hereby appropriated an additional $70,600,000, to remain available 
until September 30, 2012, for the acceleration and completion of child 
development center construction as proposed in the fiscal year 2009 
budget request for the Department of the Army: Provided, That such 
funds may be obligated and expended to carry out planning and design 
and military construction not otherwise authorized by law.
    Sec. 1302. In addition to amounts otherwise appropriated or made 
available under the heading ``Military Construction, Navy and Marine 
Corps'', there is hereby appropriated an additional $89,820,000, to 
remain available until September 30, 2012, for the acceleration and 
completion of child development and youth center construction as 
proposed in the fiscal year 2009 budget request for the Department of 
the Navy: Provided, That such funds may be obligated and expended to 
carry out planning and design and military construction not otherwise 
authorized by law.
    Sec. 1303. In addition to amounts otherwise appropriated or made 
available under the heading ``Military Construction, Air Force'', there 
is hereby appropriated an additional $8,100,000, to remain available 
until September 30, 2012, for the acceleration and completion of child 
development center construction as proposed in the fiscal year 2009 
budget request for the Department of the Air Force: Provided, That such 
funds may be obligated and expended to carry out planning and design 
and military construction not otherwise authorized by law.
    Sec. 1304. In addition to amounts otherwise appropriated or made 
available under the heading ``Military Construction, Army'', there is 
hereby appropriated an additional $200,000,000, to remain available 
until September 30, 2012, to accelerate barracks improvements at 
Department of the Army installations: Provided, That such funds may be 
obligated and expended to carry out planning and design and barracks 
construction not otherwise authorized by law: Provided further, That 
within 30 days of enactment of this Act the Secretary shall submit to 
the Committees on Appropriations of both Houses of Congress an 
expenditure plan for barracks construction prior to obligation.
    Sec. 1305. Collection of Certain Indebtedness of Members of the 
Armed Forces and Veterans Who Die of Injury Incurred or Aggravated in 
Service in the Line of Duty in a Combat Zone. (a) Limitation on 
Authority.--
            (1) In general.--Chapter 53 of title 38, United States 
        Code, is amended by inserting after section 5302 the following 
        new section:
``Sec. 5302A. Collection of indebtedness: certain debts of members of 
              the Armed Forces and veterans who die of injury incurred 
              or aggravated in the line of duty in a combat zone
    ``(a) Limitation on Authority.--The Secretary may not collect all 
or any part of an amount owed to the United States by a member of the 
Armed Forces or veteran described in subsection (b) under any program 
under the laws administered by the Secretary, other than a program 
referred to in subsection (c), if the Secretary determines that 
termination of collection is in the best interest of the United States.
    ``(b) Covered Individuals.--A member of the Armed Forces or veteran 
described in this subsection is any member or veteran who dies as a 
result of an injury incurred or aggravated in the line of duty while 
serving in a theater of combat operations (as determined by the 
Secretary in consultation with the Secretary of Defense) in a war or in 
combat against a hostile force during a period of hostilities (as that 
term is defined in section 1712A(a)(2)(B) of this title) after 
September 11, 2001.
    ``(c) Inapplicability to Housing and Small Business Benefit 
Programs.--The limitation on authority in subsection (a) shall not 
apply to any amounts owed the United States under any program carried 
out under chapter 37 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 53 of such title is amended by inserting 
        after the item relating to section 5302 the following new item:

``5302A. Collection of indebtedness: certain debts of members of the 
                            Armed Forces and veterans who die of injury 
                            incurred or aggravated in the line of duty 
                            in a combat zone.''.
    (b) Equitable Refund.--In any case where all or any part of an 
indebtedness of a covered individual, as described in section 5302A(a) 
of title 38, United States Code, as added by subsection (a)(1), was 
collected after September 11, 2001, and before the date of the 
enactment of this Act, and the Secretary of Veterans Affairs determines 
that such indebtedness would have been terminated had such section been 
in effect at such time, the Secretary may refund the amount so 
collected if the Secretary determines that the individual is equitably 
entitled to such refund.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, and shall apply with 
respect to collections of indebtedness of members of the Armed Forces 
and veterans who die on or after September 11, 2001.
    (d) Short Title.--This section may be cited as the ``Combat 
Veterans Debt Elimination Act of 2008''.

                               CHAPTER 4

     Subchapter A--Supplemental Appropriations for Fiscal Year 2008

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For an additional amount for ``Diplomatic and Consular Programs'', 
$1,413,700,000, to remain available until September 30, 2009, of which 
$212,400,000 for worldwide security protection is available until 
expended: Provided, That not more than $1,095,000,000 of the funds 
appropriated under this heading shall be available for diplomatic 
operations in Iraq: Provided further, That of the funds appropriated 
under this heading, not more than $30,000,000 shall be made available 
to establish and implement a coordinated civilian response capacity at 
the United States Department of State: Provided further, That of the 
funds appropriated under this heading, up to $5,000,000 shall be made 
available to establish a United States Consulate in Lhasa, Tibet: 
Provided further, That the Department of State shall not consent to the 
opening of a consular post in the United States by the People's 
Republic of China until such time as a United States Consulate in 
Lhasa, Tibet is established.

                      office of inspector general

                     (including transfer of funds)

    For an additional amount for ``Office of Inspector General'', 
$12,500,000, to remain available until September 30, 2009: Provided, 
That $2,500,000 shall be transferred to the Special Inspector General 
for Iraq Reconstruction for reconstruction oversight, and up to 
$5,000,000 may be transferred to the Special Inspector General for 
Afghanistan Reconstruction for reconstruction oversight.

               educational and cultural exchange programs

    For an additional amount for ``Educational and Cultural Exchange 
Programs'', $10,000,000, to remain available until September 30, 2009, 
of which $5,000,000 shall be for programs and activities in Africa, and 
$5,000,000 shall be for programs and activities in the Western 
Hemisphere.

            embassy security, construction, and maintenance

    For an additional amount for ``Embassy Security, Construction, and 
Maintenance'', $76,700,000, to remain available until expended, for 
facilities in Afghanistan.

                      International Organizations

              contributions to international organizations

    For an additional amount for ``Contributions to International 
Organizations'', $66,000,000, to remain available until September 30, 
2009.

        contributions for international peacekeeping activities

    For an additional amount for ``Contributions for International 
Peacekeeping Activities'', $383,600,000, to remain available until 
September 30, 2009, of which $333,600,000 shall be made available for 
the United Nations-African Union Hybrid Mission in Darfur.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For an additional amount for ``International Broadcasting 
Operations'', $3,000,000, to remain available until September 30, 2009.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$240,000,000, to remain available until expended.

   operating expenses of the united states agency for international 
                              development

    For an additional amount for ``Operating Expenses of the United 
States Agency for International Development'', $149,500,000, to remain 
available until September 30, 2009: Provided, That of the funds 
appropriated under this heading, not more than $25,000,000 shall be 
made available to establish and implement a coordinated civilian 
response capacity at the United States Agency for International 
Development.

   operating expenses of the united states agency for international 
                              development

                      office of inspector general

    For an additional amount for ``Operating Expenses of the United 
States Agency for International Development Office of Inspector 
General'', $4,000,000, to remain available until September 30, 2009.

                  Other Bilateral Economic Assistance

                         economic support fund

    For an additional amount for ``Economic Support Fund'', 
$1,962,500,000, to remain available until September 30, 2009, of which 
not more than $398,000,000 may be made available for assistance for 
Iraq, $150,000,000 shall be made available for assistance for Jordan to 
meet the needs of Iraqi refugees, and up to $53,000,000 may be made 
available for energy-related assistance for North Korea, 
notwithstanding any other provision of law: Provided, That not more 
than $200,000,000 of the funds appropriated under this heading in this 
subchapter shall be made available for assistance for the West Bank: 
Provided further, That funds made available pursuant to the previous 
proviso shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That the funds made 
available under this heading for energy-related assistance for North 
Korea may be made available to support the goals of the Six Party Talks 
Agreements after the Secretary of State determines and reports to the 
Committees on Appropriations that North Korea is continuing to fulfill 
its commitments under such agreements.

                          Department of State

                             democracy fund

    For an additional amount for ``Democracy Fund'', $76,000,000, to 
remain available until September 30, 2009, of which $75,000,000 shall 
be for democracy programs in Iraq and $1,000,000 shall be for democracy 
programs in Chad.

          international narcotics control and law enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $520,000,000, to remain available until September 
30, 2009, of which not more than $25,000,000 shall be made available 
for security assistance for the West Bank: Provided, That of the funds 
appropriated under this heading, $1,000,000 shall be made available for 
the Office of the United Nations High Commissioner for Human Rights in 
Mexico.

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$330,500,000, to remain available until expended.

     united states emergency refugee and migration assistance fund

    For an additional amount for ``United States Emergency Refugee and 
Migration Assistance Fund'', $36,608,000, to remain available until 
expended.

    nonproliferation, anti-terrorism, demining and related programs

    For an additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', $10,000,000, to remain available until 
September 30, 2009.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                        peacekeeping operations

    For an additional amount for ``Peacekeeping Operations'', 
$10,000,000, to remain available until September 30, 2009.

     Subchapter B--Bridge Fund Appropriations for Fiscal Year 2009

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For an additional amount for ``Diplomatic and Consular Programs'', 
$652,400,000, which shall become available on October 1, 2008 and 
remain available through September 30, 2009: Provided, That of the 
funds appropriated under this heading, $78,400,000 is for worldwide 
security protection and shall remain available until expended: Provided 
further, That not more than $500,000,000 of the funds appropriated 
under this heading shall be available for diplomatic operations in 
Iraq.

                      office of inspector general

                     (including transfer of funds)

    For an additional amount for ``Office of Inspector General'', 
$57,000,000, which shall become available on October 1, 2008 and remain 
available through September 30, 2009: Provided, That $36,500,000 shall 
be transferred to the Special Inspector General for Iraq Reconstruction 
for reconstruction oversight and up to $5,000,000 shall be transferred 
to the Special Inspector General for Afghanistan Reconstruction for 
reconstruction oversight.

            embassy security, construction, and maintenance

    For an additional amount for ``Embassy Security, Construction, and 
Maintenance'', $41,300,000, which shall become available on October 1, 
2008 and remain available until expended, for facilities in 
Afghanistan.

                      International Organizations

              contributions to international organizations

    For an additional amount for ``Contributions to International 
Organizations'', $75,000,000, which shall become available on October 
1, 2008 and remain available through September 30, 2009.

        contributions for international peacekeeping activities

    For an additional amount for ``Contributions for International 
Peacekeeping Activities'', $150,500,000, which shall become available 
on October 1, 2008 and remain available through September 30, 2009.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For an additional amount for ``International Broadcasting 
Operations'', $6,000,000, which shall become available on October 1, 
2008 and remain available through September 30, 2009.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                    global health and child survival

    For an additional amount for ``Global Health and Child Survival'', 
$75,000,000, which shall become available on October 1, 2008 and remain 
available through September 30, 2009, for programs to combat avian 
influenza.

                         development assistance

    For an additional amount for ``Development Assistance'', 
$200,000,000, for assistance for developing countries to address the 
international food crisis notwithstanding any other provision of law, 
which shall become available on October 1, 2008 and remain available 
through September 30, 2010: Provided, That such assistance should be 
carried out consistent with the purposes of section 103(a)(1) of the 
Foreign Assistance Act of 1961: Provided further, That not more than 
$50,000,000 should be made available for local or regional purchase and 
distribution of food: Provided further, That the Secretary of State 
shall submit to the Committees on Appropriations not later than 45 days 
after enactment of this Act, and prior to the initial obligation of 
funds appropriated under this heading, a report on the proposed uses of 
such funds to alleviate hunger and malnutrition, including a list of 
those countries facing significant food shortages.

                   international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$200,000,000, which shall become available on October 1, 2008 and 
remain available until expended.

   operating expenses of the united states agency for international 
                              development

    For an additional amount for ``Operating Expenses of the United 
States Agency for International Development'', $93,000,000, which shall 
become available on October 1, 2008 and remain available through 
September 30, 2009.

   operating expenses of the united states agency for international 
                              development

                      office of inspector general

    For an additional amount for ``Operating Expenses of the United 
States Agency for International Development Office of Inspector 
General'', $1,000,000, which shall become available on October 1, 2008 
and remain available through September 30, 2009.

                  Other Bilateral Economic Assistance

                         economic support fund

    For an additional amount for ``Economic Support Fund'', 
$1,132,300,000, which shall become available on October 1, 2008 and 
remain available through September 30, 2009, of which not more than 
$110,000,000 may be made available for assistance for Iraq, 
$100,000,000 shall be made available for assistance for Jordan, not 
more than $455,000,000 may be made available for assistance for 
Afghanistan, not more than $150,000,000 may be made available for 
assistance for Pakistan, not more than $150,000,000 shall be made 
available for assistance for the West Bank, and $15,000,000 may be made 
available for energy-related assistance for North Korea, 
notwithstanding any other provision of law.

                          Department of State

          international narcotics control and law enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $151,000,000, which shall become available on 
October 1, 2008 and remain available through September 30, 2009, of 
which not more than $50,000,000 shall be made available for security 
assistance for the West Bank.

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$350,000,000, which shall become available on October 1, 2008 and 
remain available until expended.

    nonproliferation, anti-terrorism, demining and related programs

    For an additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', $4,500,000, for humanitarian demining 
assistance for Iraq, which shall become available on October 1, 2008 
and remain available through September 30, 2009.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   foreign military financing program

    For an additional amount for ``Foreign Military Financing 
Program'', $145,000,000, which shall become available on October 1, 
2008 and remain available through September 30, 2009, of which 
$100,000,000 shall be made available for assistance for Jordan: 
Provided, That section 3802(c) of title III, chapter 8 of Public of Law 
110-28 shall apply to funds made available under this heading for 
assistance for Lebanon.

                        peacekeeping operations

    For an additional amount for ``Peacekeeping Operations'', 
$85,000,000, which shall become available on October 1, 2008 and remain 
available through September 30, 2009.

             Subchapter C--General Provisions--This Chapter

                        extension of authorities

    Sec. 1401. Funds appropriated by this chapter may be obligated and 
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 
2412), section 15 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization 
Act, Fiscal Year 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) 
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).

                                  iraq

    Sec. 1402. (a) Asset Transfer Agreement.--
            (1) None of the funds appropriated by this chapter for 
        infrastructure maintenance activities in Iraq may be made 
        available until the Secretary of State certifies and reports to 
        the Committees on Appropriations that the Governments of the 
        United States and Iraq have entered into, and are implementing, 
        an asset transfer agreement that includes commitments by the 
        Government of Iraq to maintain United States-funded 
        infrastructure in Iraq.
            (2) None of the funds appropriated by this chapter may be 
        made available for the construction of prison facilities in 
        Iraq.
    (b) Anti-corruption.--None of the funds appropriated by this 
chapter for rule of law programs in Iraq may be made available for 
assistance for the Government of Iraq until the Secretary of State 
certifies and reports to the Committees on Appropriations that a 
comprehensive anti-corruption strategy has been developed, and is being 
implemented, by the Government of Iraq, and the Secretary of State 
submits a list, in classified form if necessary, to the Committees on 
Appropriations of senior Iraqi officials who the Secretary has credible 
evidence to believe have committed corrupt acts.
    (c) Provincial Reconstruction Teams.--None of the funds 
appropriated by this chapter for the operational or program expenses of 
Provincial Reconstruction Teams (PRTs) in Iraq may be made available 
until the Secretary of State submits a report to the Committees on 
Appropriations detailing--
            (1) the strategy for the eventual winding down and close 
        out of PRTs;
            (2) anticipated costs associated with PRT operations, 
        programs, and eventual winding down and close out, including 
        security for PRT personnel and anticipated Government of Iraq 
        contributions; and
            (3) anticipated placement and cost estimates of future 
        United States Consulates in Iraq.
    (d) Community Stabilization Program.--None of the funds 
appropriated by this chapter for the Community Stabilization Program in 
Iraq may be made available until the Secretary of State certifies and 
reports to the Committees on Appropriations that the United States 
Agency for International Development is implementing recommendations 
contained in Office of Inspector General Audit Report No. E-267-08-001-
P to ensure accountability of funds.
    (e) Matching Requirement.--
            (1) Notwithstanding any other provision of law, funds 
        appropriated by this chapter for assistance for Iraq shall be 
        made available only to the extent that the Government of Iraq 
        matches such assistance on a dollar-for-dollar basis.
            (2) Subsection (e)(1) shall not apply to funds made 
        available for--
                    (A) grants and cooperative agreements for programs 
                to promote democracy and human rights;
                    (B) the Community Action Program and other 
                assistance through civil society organizations;
                    (C) humanitarian demining; or
                    (D) assistance for refugees, internally displaced 
                persons, and civilian victims of the military 
                operations.
            (3) The Secretary of State shall certify to the Committees 
        on Appropriations prior to the initial obligation of funds 
        pursuant to this section that the Government of Iraq has 
        committed to obligate matching funds on a dollar-for-dollar 
        basis. The Secretary shall submit a report to the Committees on 
        Appropriations not later than September 30, 2008 and 180 days 
        thereafter, detailing the amounts of funds obligated and 
        expended by the Government of Iraq to meet the requirements of 
        this section.
            (4) Not later than 45 days after enactment of this Act, the 
        Secretary of State shall submit a report to the Committees on 
        Appropriations detailing the amounts provided by the Government 
        of Iraq since June 30, 2004, to assist Iraqi refugees in Syria, 
        Jordan, and elsewhere, and the amount of such assistance the 
        Government of Iraq plans to provide in fiscal year 2008. The 
        Secretary shall work expeditiously with the Government of Iraq 
        to establish an account within its annual budget sufficient to, 
        at a minimum, match United States contributions on a dollar-
        for-dollar basis to organizations and programs for the purpose 
        of assisting Iraqi refugees.
    (f) Vetting.--Prior to the initial obligation of funds appropriated 
for assistance for Iraq in this chapter, the Secretary of State shall, 
in consultation with the heads of other Federal departments and 
agencies, take appropriate steps to ensure that such funds are not 
provided to or through any individual, private entity, or educational 
institution that the Secretary knows or has reason to believe 
advocates, plans, sponsors, or engages in, terrorist activities.
    (g) Iraq Relief and Reconstruction Fund.--
            (1) Notwithstanding any other provision of law, the expired 
        balances of funds appropriated or otherwise made available 
        under the heading ``Iraq Relief and Reconstruction Fund'' in 
        prior Acts making appropriations for foreign operations, export 
        financing, and related programs shall be rescinded.
            (2) None of the funds made available under the heading 
        ``Iraq Relief and Reconstruction Fund'' in prior Acts making 
        appropriations for foreign operations, export financing, and 
        related programs may be reprogrammed for any purpose other than 
        that previously notified to the Committees on Appropriations 
        prior to April 30, 2008, and none of such funds may be made 
        available to initiate any new projects or activities.
            (3) Not later than 30 days after enactment of this Act, the 
        Secretary of State shall report to the Committees on 
        Appropriations on the balances of obligated funds referenced in 
        subsection (g)(1), and estimates of the amount of funds 
        required to close out ongoing projects or for outstanding 
        claims.

                              afghanistan

    Sec. 1403. (a) Assistance for Women and Girls.--Funds appropriated 
by this chapter under the heading ``Economic Support Fund'' that are 
available for assistance for Afghanistan shall be made available, to 
the maximum extent practicable, through local Afghan provincial and 
municipal governments and Afghan civil society organizations and in a 
manner that emphasizes the participation of Afghan women and directly 
improves the economic, social and political status of Afghan women and 
girls.
    (b) Higher Education.--Of the funds appropriated by this chapter 
under the heading ``Economic Support Fund'' that are made available for 
education programs in Afghanistan, not less than 50 percent shall be 
made available to support higher education and vocational training 
programs in law, accounting, engineering, public administration, and 
other disciplines necessary to rebuild the country, in which the 
participation of women is emphasized.
    (c) Civilian Assistance.--Of the funds appropriated by this chapter 
under the heading ``Economic Support Fund'' that are available for 
assistance for Afghanistan, not less than $10,000,000 shall be made 
available for continued support of the United States Agency for 
International Development's Afghan Civilian Assistance Program, and not 
less than $2,000,000 shall be made available for a United States 
contribution to the North Atlantic Treaty Organization/International 
Security Assistance Force Post-Operations Humanitarian Relief Fund.
    (d) Anti-corruption.--Not later than 90 days after the enactment of 
this Act, the Secretary of State shall--
            (1) submit a report to the Committees on Appropriations on 
        actions being taken by the Government of Afghanistan to combat 
        corruption within the national and provincial governments, 
        including to remove and prosecute officials who have committed 
        corrupt acts;
            (2) submit a list to the Committees on Appropriations, in 
        classified form if necessary, of senior Afghan officials who 
        the Secretary has credible evidence to believe have committed 
        corrupt acts; and
            (3) certify and report to the Committees on Appropriations 
        that effective mechanisms are in place to ensure that 
        assistance to national government ministries and provincial 
        governments will be properly accounted for.

            waiver of certain sanctions against north korea

    Sec. 1404. (a) Annual Waiver Authority.--
            (1) In general.--Except as provided in subsection (b), the 
        President may waive in whole or in part, with respect to North 
        Korea, the application of any sanction under section 102(b) of 
        the Arms Export Control Act (22 U.S.C. 2799aa-1(b)), for the 
        purpose of--
                    (A) assisting in the implementation and 
                verification of the compliance by North Korea with its 
                commitment, undertaken in the Joint Statement of 
                September 19, 2005, to abandon all nuclear weapons and 
                existing nuclear programs as part of the verifiable 
                denuclearization of the Korean Peninsula; and
                    (B) promoting the elimination of the capability of 
                North Korea to develop, deploy, transfer, or maintain 
                weapons of mass destruction and their delivery systems.
            (2) Duration of waiver.--Any waiver issued under this 
        subsection shall expire at the end of the calendar year in 
        which it is issued.
    (b) Exceptions.--
            (1) Limited exception related to certain sanctions and 
        prohibitions.--The authority under subsection (a) shall not 
        apply with respect to a sanction or prohibition under 
        subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms 
        Export Control Act, unless the President determines and 
        certifies to the appropriate congressional committees that--
                    (A) all reasonable steps will be taken to assure 
                that the articles or services exported or otherwise 
                provided will not be used to improve the military 
                capabilities of the armed forces of North Korea; and
                    (B) such waiver is in the national security 
                interests of the United States.
            (2) Limited exception related to certain activities.--
        Unless the President determines and certifies to the 
        appropriate congressional committees that using the authority 
        under subsection (a) is vital to the national security 
        interests of the United States, such authority shall not apply 
        with respect to--
                    (A) an activity described in subparagraph (A) of 
                section 102(b)(1) of the Arms Export Control Act that 
                occurs after September 19, 2005, and before the date of 
                the enactment of this Act;
                    (B) an activity described in subparagraph (C) of 
                such section that occurs after September 19, 2005; or
                    (C) an activity described in subparagraph (D) of 
                such section that occurs after the date of enactment of 
                this Act.
            (3) Exception related to certain activities occurring after 
        date of enactment.--The authority under subsection (a) shall 
        not apply with respect to an activity described in subparagraph 
        (A) or (B) of section 102(b)(1) of the Arms Export Control Act 
        that occurs after the date of the enactment of this Act.
    (c) Notifications and Reports.--
            (1) Congressional notification.--The President shall notify 
        the appropriate congressional committees in writing not later 
        than 15 days before exercising the waiver authority under 
        subsection (a).
            (2) Annual report.--Not later than January 31, 2009, and 
        annually thereafter, the President shall submit to the 
        appropriate congressional committees a report that--
                    (A) lists all waivers issued under subsection (a) 
                during the preceding year;
                    (B) describes in detail the progress that is being 
                made in the implementation of the commitment undertaken 
                by North Korea, in the Joint Statement of September 19, 
                2005, to abandon all nuclear weapons and existing 
                nuclear programs as part of the verifiable 
                denuclearization of the Korean Peninsula;
                    (C) discusses specifically any shortcomings in the 
                implementation by North Korea of that commitment; and
                    (D) lists and describes the progress and 
                shortcomings, in the preceding year, of all other 
                programs promoting the elimination of the capability of 
                North Korea to develop, deploy, transfer, or maintain 
                weapons of mass destruction or their delivery systems.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committees on Appropriations, Armed Services, and 
        Foreign Relations of the Senate; and
            (2) the Committees on Appropriations, Armed Services, and 
        Foreign Affairs of the House of Representatives.

                                 mexico

    Sec. 1405. (a) Assistance for Mexico.--Of the funds appropriated in 
subchapter A under the heading ``International Narcotics Control and 
Law Enforcement'', not more than $350,000,000 may be made available for 
assistance for Mexico, only to combat drug trafficking and related 
violence and organized crime, and for judicial reform, anti-corruption, 
and rule of law activities: Provided, That none of the funds made 
available under this section shall be made available for budget support 
or as cash payments: Provided further, That none of the funds made 
available under this section shall be available for obligation until 
the Secretary of State determines and reports to the Committees on 
Appropriations that vetting procedures are in place to ensure that 
members and units of the Mexican military and police forces that 
receive assistance pursuant to this section have not been involved in 
human rights violations or corrupt acts.
    (b) Allocation of Funds.--Twenty-five percent of the funds made 
available by subchapter A for assistance for Mexico under the heading 
``International Narcotics Control and Law Enforcement'' may be 
obligated only after the Secretary of State determines and reports to 
the Committees on Appropriations that:
            (1) The Government of Mexico is--
                    (A) strengthening the legal authority and 
                independence of the National Human Rights Commission;
                    (B) establishing police complaints commissions with 
                authority and independence to receive complaints and 
                carry out effective investigations;
                    (C) establishing an independent mechanism, with 
                representation from civil society, to monitor programs 
                to combat drug trafficking and related violence and 
                organized crime, judicial reform, anti-corruption, and 
                rule of law activities to ensure due process and the 
                protection of freedoms of expression, association, and 
                assembly, and rights of privacy, in accordance with 
                Mexican and international law;
                    (D) is enforcing the prohibition on the use of 
                testimony obtained through torture or other ill-
                treatment in violation of Mexican and international 
                law;
                    (E) is ensuring that the Mexican military justice 
                system is transferring all cases involving allegations 
                of human rights violations by military personnel to 
                civilian prosecutors and judicial authorities, and that 
                the armed forces are fully cooperating with civilian 
                prosecutors and judicial authorities in prosecuting and 
                punishing in civilian courts members of the armed 
                forces who have been credibly alleged to have committed 
                such violations; and
                    (F) is ensuring that federal and state police 
                forces are fully cooperating with prosecutors and 
                judicial authorities in prosecuting and punishing 
                members of the police forces who have been credibly 
                alleged to have committed violations of human rights.
            (2) Civilian prosecutors and judicial authorities are 
        investigating, prosecuting and punishing members of the Mexican 
        military and police forces who have been credibly alleged to 
        have committed human rights violations.
    (c) Exception.--Notwithstanding subsection (b), of the funds made 
available for assistance for Mexico pursuant to this section, 
$3,000,000 shall be made available for technical and other assistance 
to enable the Government of Mexico to implement a unified national 
registry of federal, state, and municipal police officers, and 
$5,000,000 should be made available to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to deploy special agents in Mexico to support 
Mexican law enforcement agencies in tracing seized firearms and 
investigating firearms trafficking cases.
    (d) Report.--The report required in subsection (b) shall include a 
description of actions taken with respect to each requirement specified 
in subsection (b) and the cases or issues brought to the attention of 
the Secretary of State for which the response or action taken has been 
inadequate.
    (e) Notification.--Funds made available for Mexico in subchapter A 
shall be subject to the regular notification procedures of the 
Committees on Appropriations and section 634A of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2394-1).
    (f) Spending Plan.--Not later than 45 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
Committees on Appropriations a detailed spending plan for funds 
appropriated or otherwise made available for Mexico in subchapter A, 
which shall include a strategy for combating drug trafficking and 
related violence and organized crime, judicial reform, preventing 
corruption, and strengthening the rule of law, with concrete goals, 
actions to be taken, budget proposals, and anticipated results.
    (g) Consultation.--Not later than 90 days after the date of the 
enactment of this Act, and every 120 days thereafter until September 
30, 2010, the Secretary of State shall consult with Mexican and 
internationally recognized human rights organizations on progress in 
meeting the requirements described in subsection (b).

                            central america

    Sec. 1406. (a) Assistance for the Countries of Central America.--Of 
the funds appropriated in subchapter A under the headings 
``International Narcotics Control and Law Enforcement'' and ``Economic 
Support Fund'', not more than $100,000,000 may be made available for 
assistance for the countries of Central America, Haiti, and the 
Dominican Republic only to combat drug trafficking and related violence 
and organized crime, and for judicial reform, anti-corruption, and rule 
of law activities: Provided, That of the funds appropriated under the 
heading ``Economic Support Fund'', $40,000,000 shall be made available 
through the United States Agency for International Development for an 
Economic and Social Development Fund for Central America: Provided 
further, That of the funds made available pursuant to this section, 
$5,000,000 shall be made available for assistance for Haiti and 
$5,000,000 shall be made available for assistance for the Dominican 
Republic: Provided further, That of the funds made available pursuant 
to this section that are available for assistance for Guatemala, not 
less than $1,000,000 shall be made available for a United States 
contribution to the International Commission Against Impunity in 
Guatemala: Provided further, That none of the funds shall be made 
available for budget support or as cash payments: Provided further, 
That, with the exception of the first and third provisos in this 
section, none of the funds shall be available for obligation until the 
Secretary of State determines and reports to the Committees on 
Appropriations that vetting procedures are in place to ensure that 
members and units of the military and police forces of the countries of 
Central America, Haiti and the Dominican Republic that receive 
assistance pursuant to this section have not been involved in human 
rights violations or corrupt acts.
    (b) Allocation of Funds.--Twenty-five percent of the funds made 
available by subchapter A for assistance for the countries of Central 
America, Haiti and the Dominican Republic under the heading 
``International Narcotics Control and Law Enforcement'' may be 
obligated only after the Secretary of State determines and reports to 
the Committees on Appropriations that the government of such country 
is--
            (1) establishing a police complaints commission with 
        authority and independence to receive complaints and carry out 
        effective investigations;
            (2) implementing reforms to improve the capacity and ensure 
        the independence of the judiciary; and
            (3) suspending, prosecuting and punishing members of the 
        military and police forces who have been credibly alleged to 
        have committed violations of human rights and corrupt acts.
    (c) Report.--The report required in subsection (b) shall include 
actions taken with respect to each requirement and the cases or issues 
brought to the attention of the Secretary for which the response or 
action taken has been inadequate.
    (d) Notification.--Funds made available for assistance for the 
countries of Central America, Haiti and the Dominican Republic in 
subchapter A shall be subject to the regular notification procedures of 
the Committees on Appropriations and section 634A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1).
    (e) Spending Plan.--Not later than 45 days after enactment of this 
Act the Secretary of State shall submit to the Committees on 
Appropriations a detailed spending plan for funds appropriated or 
otherwise made available for the countries of Central America, Haiti 
and the Dominican Republic in subchapter A, which shall include a 
strategy for combating drug trafficking and related violence and 
organized crime, judicial reform, preventing corruption, and 
strengthening the rule of law, with concrete goals, actions to be 
taken, budget proposals and anticipated results.
    (f) Consultation.--Not later than 90 days after the date of 
enactment of this Act and every 120 days thereafter until September 30, 
2010, the Secretary of State shall consult with internationally 
recognized human rights organizations, and human rights organizations 
in the countries of Central America, Haiti and the Dominican Republic 
receiving assistance pursuant to this section, on progress in meeting 
the requirements described in subsection (b).
    (g) Definition.--For the purposes of this section, the term 
``countries of Central America'' means Belize, Costa Rica, El Salvador, 
Guatemala, Honduras, Nicaragua, and Panama.

                          technical provisions

    Sec. 1407. (a) Administrative Expenses.--Of the funds appropriated 
or otherwise made available under the heading ``Economic Support Fund'' 
by title III of the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2008 (division J of Public Law 
110-161), up to $7,800,000 may be made available, in addition to 
amounts otherwise available for such purposes, for administrative 
expenses of the United States Agency for International Development for 
alternative development programs in the Andean region of South America. 
These funds may be used to reimburse funds appropriated under the 
heading ``Operating Expenses of the United States Agency for 
International Development'' for obligations incurred for the purposes 
provided under this section prior to enactment of this Act.
    (b) Authority.--Funds appropriated or otherwise made available by 
title III of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2008 (division J of Public Law 110-161) 
under the heading ``Economic Support Fund'' that are available for a 
competitively awarded grant for nuclear security initiatives relating 
to North Korea shall be made available notwithstanding any other 
provision of law.
    (c) Extension of Authority.--Not more than $1,350,000 of the funds 
appropriated or otherwise made available under the heading ``Foreign 
Military Financing Program'' by the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2008 (division J 
of Public Law 110-161) that were previously transferred to and merged 
with ``Diplomatic and Consular Programs'' may be made available for any 
purposes authorized for that account, of which up to $500,000 shall be 
made available to increase the capacity of the United States Embassy in 
Mexico City to vet members and units of Mexican military and police 
forces that receive assistance made available by this Act and to 
monitor the uses of such assistance.
    (d) Reimbursements.--Any agreement for the transfer or allocation 
of funds appropriated by this Act, or prior Acts, entered into between 
the United States Agency for International Development and another 
agency of the United States Government under the authority of section 
632(a) of the Foreign Assistance Act of 1961 or any comparable 
provision of law, shall include the provision of sufficient funds to 
fully reimburse the United States Agency for International Development 
for the administrative costs, including the cost of direct hire 
personnel, incurred in implementing and managing the programs and 
activities under such transfer or allocation. Such funds transferred or 
allocated to the United States Agency for International Development for 
administrative costs shall be transferred to and merged with 
``Operating Expenses of the United States Agency for International 
Development''.
    (e) Exception.--Section 8002 of title VIII of this Act shall not 
apply to this section.
    (f) Spending Authority.--Funds made available by this chapter may 
be expended notwithstanding section 699K of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2008 
(division J of Public Law 110-161).

                    buying power maintenance account

                     (including transfer of funds)

    Sec. 1408. (a) Of the funds appropriated under the heading 
``Diplomatic and Consular Programs'' and allocated by section 3810 of 
the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007 (Public Law 110-28), 
$26,000,000 shall be transferred to and merged with funds in the 
``Buying Power Maintenance Account'': Provided, That of the funds made 
available by this chapter up to an additional $74,000,000 may be 
transferred to and merged with the ``Buying Power Maintenance 
Account'', subject to the regular notification procedures of the 
Committees on Appropriations and in accordance with the procedures in 
section 34 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2706). Any funds transferred pursuant to this section shall be 
available, without fiscal year limitation, pursuant to section 24 of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696).
    (b) Section 24(b)(7) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2696(b)(7)) is amended by amending subparagraph (D) 
to read as follows:
                    ``(D) The authorities contained in this paragraph 
                may be exercised only with respect to funds 
                appropriated or otherwise made available after fiscal 
                year 2008.''.

                                 serbia

    Sec. 1409. (a) Of the funds made available for assistance for 
Serbia under the heading ``Assistance for Eastern Europe and the Baltic 
States'' by title III of the Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2008 (division J of Public Law 
110-161), an amount equivalent to the costs of damage to the United 
States Embassy in Belgrade, Serbia, as estimated by the Secretary of 
State, resulting from the February 21, 2008 attack on such Embassy, 
shall be transferred to, and merged with, funds provided under the 
heading ``Embassy Security, Construction, and Maintenance'' to be used 
for necessary repairs or future construction.
    (b) The requirements of subsection (a) shall not apply if the 
Secretary of State certifies to the Committees on Appropriations that 
the Government of Serbia has provided full compensation to the 
Department of State for damages to the United States Embassy in 
Belgrade, Serbia resulting from the February 21, 2008 attack on such 
Embassy.
    (c) Section 8002 of title VIII of this Act shall not apply to this 
section.

                              rescissions

                        (including rescissions)

    Sec. 1410. (a) World Food Program.--
            (1) For an additional amount for a contribution to the 
        World Food Program to assist farmers in countries affected by 
        food shortages to increase crop yields, notwithstanding any 
        other provision of law, $20,000,000, to remain available until 
        expended.
            (2) Of the funds appropriated under the heading ``Andean 
        Counterdrug Initiative'' in prior acts making appropriations 
        for foreign operations, export financing, and related programs, 
        $20,000,000 are rescinded.
    (b) Sudan.--
            (1) For an additional amount for ``International Narcotics 
        Control and Law Enforcement'', $10,000,000, for assistance for 
        Sudan to support formed police units, to remain available until 
        September 30, 2009, and subject to prior consultation with the 
        Committees on Appropriations.
            (2) Of the funds appropriated under the heading 
        ``International Narcotics Control and Law Enforcement'' in 
        prior acts making appropriations for foreign operations, export 
        financing, and related programs, $10,000,000 are rescinded.
    (c) Mexico.--Of the unobligated balances of funds appropriated for 
``Iraq Relief and Reconstruction Fund'' in prior Acts making 
appropriations for foreign operations, export financing, and related 
programs, $50,000,000 are rescinded, notwithstanding section 1402(g) of 
this Act.
    (d) Horn of Africa.--
            (1) For an additional amount for ``Economic Support Fund'', 
        $40,000,000 for programs to promote development and counter 
        extremism in the Horn of Africa, to be administered by the 
        United States Agency for International Development, and to 
        remain available until September 30, 2009.
            (2) Of the unobligated balances of funds appropriated for 
        ``Iraq Relief and Reconstruction Fund'' in prior Acts making 
        appropriations for foreign operations, export financing, and 
        related programs, $40,000,000 are rescinded, notwithstanding 
        section 1402(g) of this Act.
    (e) Exception.--Section 8002 of title VIII of this Act shall not 
apply to subsections (a) and (b) of this section.

                          darfur peacekeeping

    Sec. 1411. Funds appropriated under the headings ``Foreign Military 
Financing Program'' and ``Peacekeeping Operations'' by the Department 
of State, Foreign Operations, and Related Programs Appropriations Act, 
2008 (division J of Public Law 110-161) and by prior Acts making 
appropriations for foreign operations, export financing, and related 
programs may be used to transfer or lease helicopters necessary to the 
operations of the African Union/United Nations peacekeeping operation 
in Darfur, Sudan, that was established pursuant to United Nations 
Security Council Resolution 1769. The President may utilize the 
authority of sections 506 or 516 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2318, 2321j) or section 61 of the Arms Export Control Act 
(22 U.S.C. 2796) in order to effect such transfer or lease, 
notwithstanding any other provision of law except for sections 
502B(a)(2), 620A and 620J of the Foreign Assistance Act of 1961 (22 
U.S.C. 2304(a)(2), 2371, 2378d) and section 40A of the Arms Export 
Control Act (22 U.S.C. 2780). Any exercise of the authority of section 
506 of the Foreign Assistance Act pursuant to this section may include 
the authority to acquire helicopters by contract.

                food security and cyclone nargis relief

                    (including rescission of funds)

    Sec. 1412. (a) For an additional amount for ``International 
Disaster Assistance'', $225,000,000, to address the international food 
crisis globally and for assistance for Burma to address the effects of 
Cyclone Nargis: Provided, That not less than $125,000,000 should be 
made available for the local or regional purchase and distribution of 
food to address the international food crisis: Provided further, That 
notwithstanding any other provision of law, none of the funds 
appropriated under this heading may be made available for assistance 
for the State Peace and Development Council.
    (b) Of the unexpended balances of funds appropriated under the 
heading ``Millennium Challenge Corporation'' in prior Acts making 
appropriations for foreign operations, export financing and related 
programs, $225,000,000 are rescinded.
    (c) Section 8002 of title VIII of this Act shall not apply to this 
section.

                                 jordan

                    (including rescission of funds)

    Sec. 1413. (a) For an additional amount for ``Economic Support 
Fund'' for assistance for Jordan, $100,000,000, to remain available 
until September 30, 2009.
    (b) For an additional amount for ``Foreign Military Financing 
Program'' for assistance for Jordan, $200,000,000, to remain available 
until September 30, 2009.
    (c) Of the unexpended balances of funds appropriated under the 
heading ``Millennium Challenge Corporation'' in prior Acts making 
appropriations for foreign operations, export financing, and related 
programs, $300,000,000 are rescinded.
    (d) Section 8002 of title VIII of this Act shall not apply to this 
section.

                              allocations

    Sec. 1414. (a) Funds provided by this chapter for the following 
accounts shall be made available for programs and countries in the 
amounts contained in the respective tables included in the explanatory 
statement accompanying this Act:
            ``Diplomatic and Consular Programs''.
            ``Economic Support Fund''.
    (b) Any proposed increases or decreases to the amounts contained in 
such tables in the statement accompanying this Act shall be subject to 
the regular notification procedures of the Committees on Appropriations 
and section 634A of the Foreign Assistance Act of 1961.

                        reprogramming authority

    Sec. 1415. Notwithstanding any other provision of law, to include 
minimum funding requirements or funding directives, funds made 
available under the headings ``Development Assistance'' and ``Economic 
Support Fund'' in prior Acts making appropriations for foreign 
operations, export financing, and related programs may be made 
available to address critical food shortages, subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations.

               spending plans and notification procedures

    Sec. 1416. (a) Subchapter A Spending Plan.--Not later than 45 days 
after the enactment of this Act the Secretary of State shall submit to 
the Committees on Appropriations a report detailing planned 
expenditures for funds appropriated under the headings in subchapter A, 
except for funds appropriated under the headings ``International 
Disaster Assistance'', ``Migration and Refugee Assistance'', and 
``United States Emergency Refugee and Migration Assistance Fund''.
    (b) Subchapter B Spending Plan.--The Secretary of State shall 
submit to the Committees on Appropriations not later than November 1, 
2008, and prior to the initial obligation of funds, a detailed spending 
plan for funds appropriated or otherwise made available in subchapter 
B, except for funds appropriated under the headings ``International 
Disaster Assistance'', ``Migration and Refugee Assistance'', and 
``United States Emergency Refugee and Migration Assistance Fund''.
    (c) Notification.--Funds made available in this chapter shall be 
subject to the regular notification procedures of the Committees on 
Appropriations and section 634A of the Foreign Assistance Act of 1961.

                          terms and conditions

    Sec. 1417. Unless otherwise provided for in this Act, funds 
appropriated, or otherwise made available, by this chapter shall be 
available under the authorities and conditions provided in the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2008 (division J of Public Law 110-161).

                                TITLE II

                            DOMESTIC MATTERS

                               CHAPTER 1

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

    For an additional amount for salaries and expenses of the Food and 
Drug Administration, $265,000,000, to remain available until September 
30, 2009: Provided, That of the amount provided: (1) $119,000,000 shall 
be for the Center for Food Safety and Applied Nutrition and related 
field activities in the Office of Regulatory Affairs; (2) $48,500,000 
shall be for the Center for Drug Evaluation and Research and related 
field activities in the Office of Regulatory Affairs; (3) $23,500,000 
shall be for the Center for Biologics Evaluation and Research and 
related field activities in the Office of Regulatory Affairs; (4) 
$10,700,000 shall be for the Center for Veterinary Medicine and related 
field activities in the Office of Regulatory Affairs; (5) $35,500,000 
shall be for the Center for Devices and Radiological Health and related 
field activities in the Office of Regulatory Affairs; (6) $6,000,000 
shall be for the National Center for Toxicological Research; and (7) 
$21,800,000 shall be for other activities, including the Office of the 
Commissioner, the Office of Scientific and Medical Programs; the Office 
of Policy, Planning and Preparedness; the Office of International and 
Special Programs; the Office of Operations; and central services for 
these offices.

                        buildings and facilities

    For an additional amount for plans, construction, repair, 
improvement, extension, alteration, and purchase of fixed equipment or 
facilities of or used by the Food and Drug Administration, where not 
otherwise provided, $10,000,000, to remain available until expended.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census

                     periodic censuses and programs

    For an additional amount for ``Periodic Censuses and Programs'', 
$210,000,000, to remain available until expended, for necessary 
expenses related to the 2010 Decennial Census: Provided, That not less 
than $3,000,000 shall be transferred to the ``Office of Inspector 
General'' at the Department of Commerce for necessary expenses 
associated with oversight activities of the 2010 Decennial Census: 
Provided further, That $1,000,000 shall be used only for a reimbursable 
agreement with the Defense Contract Management Agency to provide 
continuing contract management oversight of the 2010 Decennial Census.

                         DEPARTMENT OF JUSTICE

                     United States Marshals Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $50,000,000 
for the United States Marshals Service to implement and enforce the 
Adam Walsh Child Protection and Safety Act (Public Law 109-248) to 
track down and arrest non-compliant sex offenders.

                         Federal Prison System

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$178,000,000, to remain available until September 30, 2008.

                       Office of Justice Programs

               state and local law enforcement assistance

    For an additional amount for the Edward Byrne Memorial Justice 
Assistance Grant program as authorized by subpart 1 of part E of title 
I of Omnibus Crime Control and Safe Street Act of 1968 (``1968 Act''), 
(except that section 1001(c), and the special rules for Puerto Rico 
under section 505(g), of the 1968 Act, shall not apply for purposes of 
this Act), $490,000,000, to remain available until September 30, 2008.
    For an additional amount for ``State and Local Law Enforcement 
Assistance'', $100,000,000 for competitive grants to provide assistance 
and equipment to local law enforcement along the Southern border and in 
High-Intensity Drug Trafficking Areas to combat criminal narcotic 
activity stemming from the Southern border, of which $10,000,000 shall 
be for the ATF Project Gunrunner.

                                SCIENCE

             National Aeronautics and Space Administration

                            return to flight

    For necessary expenses, not otherwise provided for, in carrying out 
return to flight activities associated with the space shuttle and 
activities from which funds were transferred to accommodate return to 
flight activities, $200,000,000.

                      National Science Foundation

                    research and related activities

    For additional expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), $150,000,000.

                     education and human resources

    For additional expenses in carrying out science and engineering 
education and human resources programs and activities pursuant to the 
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), $50,000,000.

                               CHAPTER 3

                          DEPARTMENT OF ENERGY

                   Non-Defense Environmental Cleanup

    For an additional amount for ``Non-Defense Environmental Cleanup'', 
$5,000,000, to remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For an additional amount for ``Uranium Enrichment Decontamination 
and Decommissioning Fund'', $52,000,000, to remain available until 
expended.

                                Science

    For an additional amount for ``Science'', $100,000,000, to remain 
available until expended.

               Environmental and Other Defense Activities

                     defense environmental cleanup

    For an additional amount for ``Defense Environmental Cleanup'', 
$243,000,000, to remain available until expended.

                    GENERAL PROVISION--THIS CHAPTER

    Sec. 2301. Incentives for Additional Downblending of Highly 
Enriched Uranium by the Russian Federation. The USEC Privatization Act 
(42 U.S.C. 2297h et seq.) is amended--
            (1) in section 3102, by striking ``For purposes'' and 
        inserting ``Except as provided in section 3112A, for 
        purposes'';
            (2) in section 3112(a), by striking ``The Secretary'' and 
        inserting ``Except as provided in section 3112A(d), the 
        Secretary''; and
            (3) by inserting after section 3112 the following:

``SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF HIGHLY ENRICHED 
              URANIUM BY THE RUSSIAN FEDERATION.

    ``(a) Definitions.--In this section:
            ``(1) Completion of the russian heu agreement.--The term 
        `completion of the Russian HEU Agreement' means the importation 
        into the United States from the Russian Federation pursuant to 
        the Russian HEU Agreement of uranium derived from the 
        downblending of not less than 500 metric tons of highly 
        enriched uranium of weapons origin.
            ``(2) Downblending.--The term `downblending' means 
        processing highly enriched uranium into a uranium product in 
        any form in which the uranium contains less than 20 percent 
        uranium-235.
            ``(3) Highly enriched uranium.--The term `highly enriched 
        uranium' has the meaning given that term in section 3102(4).
            ``(4) Highly enriched uranium of weapons origin.--The term 
        `highly enriched uranium of weapons origin' means highly 
        enriched uranium that--
                    ``(A) contains 90 percent or more uranium-235; and
                    ``(B) is verified by the Secretary of Energy to be 
                of weapons origin.
            ``(5) Low-enriched uranium.--The term `low-enriched 
        uranium' means a uranium product in any form, including uranium 
        hexafluoride (UF<INF>6</INF>) and uranium oxide 
        (UO<INF>2</INF>), in which the uranium contains less than 20 
        percent uranium-235, without regard to whether the uranium is 
        incorporated into fuel rods or complete fuel assemblies.
            ``(6) Russian heu agreement.--The term `Russian HEU 
        Agreement' has the meaning given that term in section 3102(11).
            ``(7) Uranium-235.--The term `uranium-235' means the 
        isotope \235\U.
    ``(b) Statement of Policy.--It is the policy of the United States 
to support the continued downblending of highly enriched uranium of 
weapons origin in the Russian Federation in order to protect the 
essential security interests of the United States with respect to the 
nonproliferation of nuclear weapons.
    ``(c) Promotion of Downblending of Russian Highly Enriched 
Uranium.--
            ``(1) Incentives for the completion of the russian heu 
        agreement.--Prior to the completion of the Russian HEU 
        Agreement, the importation into the United States of low-
        enriched uranium, including low-enriched uranium obtained under 
        contracts for separative work units, that is produced in the 
        Russian Federation and is not imported pursuant to the Russian 
        HEU Agreement may not exceed the following amounts:
                    ``(A) In each of the calendar years 2008 and 2009, 
                not more than 22,500 kilograms.
                    ``(B) In each of the calendar years 2010 and 2011, 
                not more than 45,000 kilograms.
                    ``(C) In calendar year 2012 and each calendar year 
                thereafter through the calendar year of the completion 
                of the Russian HEU Agreement, not more than 67,500 
                kilograms.
            ``(2) Incentives to continue downblending russian highly 
        enriched uranium after the completion of the russian heu 
        agreement.--
                    ``(A) In general.--In each calendar year beginning 
                after the calendar year of the completion of the 
                Russian HEU Agreement and before the termination date 
                described in paragraph (8), the importation into the 
                United States of low-enriched uranium, including low-
                enriched uranium obtained under contracts for 
                separative work units, that is produced in the Russian 
                Federation, whether or not such low-enriched uranium is 
                derived from highly enriched uranium of weapons origin, 
                may not exceed 400,000 kilograms.
                    ``(B) Additional imports.--
                            ``(i) In general.--In addition to the 
                        amount authorized to be imported under 
                        subparagraph (A) and except as provided in 
                        clause (ii), 20 kilograms of low-enriched 
                        uranium, whether or not such low-enriched 
                        uranium is derived from highly enriched uranium 
                        of weapons origin, may be imported for every 3 
                        kilograms of Russian highly enriched uranium of 
                        weapons origin that was downblended in the 
                        preceding calendar year, subject to the 
                        verification of the Secretary of Energy under 
                        paragraph (10).
                            ``(ii) Maximum annual imports.--Not more 
                        than 200,000 kilograms of low-enriched uranium 
                        may be imported in a calendar year under clause 
                        (i).
            ``(3) Exception with respect to initial cores.--The import 
        limitations described in paragraphs (1) and (2) shall not apply 
        to low-enriched uranium produced in the Russian Federation that 
        is imported into the United States for use in the initial core 
        of a new nuclear reactor.
            ``(4) Annual adjustment.--
                    ``(A) In general.--Beginning in the second calendar 
                year after the calendar year of the completion of the 
                Russian HEU Agreement, the Secretary of Energy shall 
                increase or decrease the amount of low-enriched uranium 
                that may be imported in a calendar year under paragraph 
                (2) (including the amount of low-enriched uranium that 
                may be imported for each kilogram of highly enriched 
                uranium downblended under paragraph (2)(B)(i)) by a 
                percentage equal to the percentage increase or 
                decrease, as the case may be, in the average amount of 
                uranium loaded into nuclear power reactors in the 
                United States in the most recent 3-calendar-year period 
                for which data are available, as reported by the Energy 
                Information Administration of the Department of Energy, 
                compared to the average amount of uranium loaded into 
                such reactors during the 3-calendar-year period 
                beginning on January 1, 2011, as reported by the Energy 
                Information Administration.
                    ``(B) Publication of adjustments.--As soon as 
                practicable, but not later than July 31 of each 
                calendar year, the Secretary of Energy shall publish in 
                the Federal Register the amount of low-enriched uranium 
                that may be imported in the current calendar year after 
                the adjustment under subparagraph (A).
            ``(5) Authority for additional adjustment.--In addition to 
        the annual adjustment under paragraph (4), the Secretary of 
        Commerce may adjust the import limitations under paragraph 
        (2)(A) for a calendar year if the Secretary--
                    ``(A) in consultation with the Secretary of Energy, 
                determines that the available supply of low-enriched 
                uranium from the Russian Federation and the available 
                stockpiles of uranium of the Department of Energy are 
                insufficient to meet demand in the United States in the 
                following calendar year; and
                    ``(B) notifies Congress of the adjustment not less 
                than 45 days before making the adjustment.
            ``(6) Equivalent quantities of low-enriched uranium 
        imports.--
                    ``(A) In general.--The import limitations described 
                in paragraphs (1) and (2) are expressed in terms of 
                uranium containing 4.4 percent uranium-235 and a tails 
                assay of 0.3 percent.
                    ``(B) Adjustment for other uranium.--Imports of 
                low-enriched uranium under paragraphs (1) and (2) shall 
                count against the import limitations described in such 
                paragraphs in amounts calculated as the quantity of 
                low-enriched uranium containing 4.4 percent uranium-235 
                necessary to equal the total amount of uranium-235 
                contained in such imports.
            ``(7) Downblending of other highly enriched uranium.--
                    ``(A) In general.--The downblending of highly 
                enriched uranium not of weapons origin may be counted 
                for purposes of paragraph (2)(B) or (8)(B), subject to 
                verification under paragraph (10), if the Secretary of 
                Energy determines that the highly enriched uranium to 
                be downblended poses a risk to the national security of 
                the United States.
                    ``(B) Equivalent quantities of highly enriched 
                uranium.--For purposes of determining the additional 
                low-enriched uranium imports allowed under paragraph 
                (2)(B) and for purposes of paragraph (8)(B), highly 
                enriched uranium not of weapons origin downblended 
                pursuant to subparagraph (A) shall count as downblended 
                highly enriched uranium of weapons origin in amounts 
                calculated as the quantity of highly enriched uranium 
                containing 90 percent uranium-235 necessary to equal 
                the total amount of uranium-235 contained in the highly 
                enriched uranium not of weapons origin downblended 
                pursuant to subparagraph (A).
            ``(8) Termination of import restrictions after downblending 
        of an additional 300 metric tons of highly enriched uranium.--
        The provisions of this subsection shall terminate on the later 
        of--
                    ``(A) December 31, 2020; or
                    ``(B) the date on which the Secretary of Energy 
                certifies to Congress that, after the completion of the 
                Russian HEU Agreement, not less than an additional 300 
                metric tons of Russian highly enriched uranium of 
                weapons origin have been downblended.
            ``(9) Special rule if importation under russian heu 
        agreement terminates early.--Notwithstanding any other 
        provision of law, no low-enriched uranium produced in the 
        Russian Federation that is not derived from highly enriched 
        uranium of weapons origin, including low-enriched uranium 
        obtained under contracts for separative work units, may be 
        imported into the United States if, before the completion of 
        the Russian HEU Agreement, the Secretary of Energy determines 
        that the Russian Federation has taken deliberate action to 
        disrupt or halt the importation into the United States of low-
        enriched uranium under the Russian HEU Agreement.
            ``(10) Technical verifications by secretary of energy.--
                    ``(A) In general.--The Secretary of Energy shall 
                verify the origin, quantity, and uranium-235 content of 
                the highly enriched uranium downblended for purposes of 
                paragraphs (2)(B), (7), and (8)(B).
                    ``(B) Methods of verification.--In conducting the 
                verification required under subparagraph (A), the 
                Secretary of Energy shall employ the transparency 
                measures provided for in the Russian HEU Agreement for 
                monitoring the downblending of Russian highly enriched 
                uranium of weapons origin and such other methods as the 
                Secretary determines appropriate.
            ``(11) Enforcement of import limitations.--The Secretary of 
        Commerce shall be responsible for enforcing the import 
        limitations imposed under this subsection and shall enforce 
        such import limitations in a manner that imposes a minimal 
        burden on the commercial nuclear industry.
            ``(12) Effect on other agreements.--
                    ``(A) Russian heu agreement.--Nothing in this 
                section shall be construed to modify the terms of the 
                Russian HEU Agreement, including the provisions of the 
                Agreement relating to the amount of low-enriched 
                uranium that may be imported into the United States.
                    ``(B) Other agreements.--If a provision of any 
                agreement between the United States and the Russian 
                Federation, other than the Russian HEU Agreement, 
                relating to the importation of low-enriched uranium 
                into the United States conflicts with a provision of 
                this section, the provision of this section shall 
                supersede the provision of the agreement to the extent 
                of the conflict.
    ``(d) Downblending of Highly Enriched Uranium in the United 
States.--The Secretary of Energy may sell uranium in the jurisdiction 
of the Secretary, including downblended highly enriched uranium, at 
fair market value to a licensed operator of a nuclear reactor in the 
United States--
            ``(1) in the event of a disruption in the nuclear fuel 
        supply in the United States; or
            ``(2) after a determination of the Secretary under 
        subsection (c)(9) that the Russian Federation has taken 
        deliberate action to disrupt or halt the importation into the 
        United States of low-enriched uranium under the Russian HEU 
        Agreement.''.

                               CHAPTER 4

                    GENERAL PROVISION--THIS CHAPTER

    Sec. 2401. Veterans Business Resource Centers. There are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2008, $600,000 
for the ``Salaries and Expenses'' account of the Small Business 
Administration, for grants in the amount of $200,000 to veterans 
business resource centers that received grants from the National 
Veterans Business Development Corporation in fiscal years 2006 and 
2007.

                               CHAPTER 5

                    GENERAL PROVISION--THIS CHAPTER

    Sec. 2501. For fiscal year 2008, there is appropriated 
$400,000,000, to remain available until December 31, 2008, for payments 
described in sections 101, 102(b)(3), and 103(b)(2) of the Secure Rural 
Schools and Community Self-Determination Act of 2000 (Public Law 106-
393).

                               CHAPTER 6

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

     state unemployment insurance and employment service operations

    For an additional amount for ``State Unemployment Insurance and 
Employment Service Operations'' for grants to the States for the 
administration of State unemployment insurance, $110,000,000, which may 
be expended from the Employment Security Administration Account in the 
Unemployment Trust Fund, to be used for unemployment insurance 
workloads experienced by the States through September 30, 2008, which 
shall be available for Federal obligation through December 31, 2008.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                disease control, research, and training

    For an additional amount for ``Disease Control, Research, and 
Training'', $26,000,000, for the prevention of and response to medical 
errors including research, education and outreach activities; of which 
no less than $5,000,000 shall be for responding to outbreaks of 
communicable diseases related to the re-use of syringes in outpatient 
clinics, including reimbursement of local health departments for 
testing and genetic sequencing of persons potentially exposed.

                     National Institutes of Health

                         office of the director

                     (including transfer of funds)

    For an additional amount for ``Office of the Director, National 
Institutes of Health'', $400,000,000.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 2601. In addition to amounts otherwise made available for 
fiscal year 2008, there are appropriated, out of any money in the 
Treasury not otherwise appropriated, $1,000,000,000 for fiscal year 
2008, for making payments under the Low-Income Home Energy Assistance 
Act of 1981 (42 U.S.C. 8623).
    Sec. 2602. Report on the Impact of Past and Future Minimum Wage 
Increases. (a) In General.--Section 8104 of the U.S. Troop Readiness, 
Veterans' Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 189) is amended 
to read as follows:

``SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM WAGE 
              INCREASES.

    ``(a) Study.--Beginning on the date that is 60 days after the date 
of enactment of this Act, and every year thereafter until the minimum 
wage in the respective territory is $7.25 per hour, the Government 
Accountability Office shall conduct a study to--
            ``(1) assess the impact of the minimum wage increases that 
        occurred in American Samoa and the Commonwealth of the Northern 
        Mariana Islands in 2007 and 2008, as required under Public Law 
        110-28, on the rates of employment and the living standards of 
        workers, with full consideration of the other factors that 
        impact rates of employment and the living standards of workers 
        such as inflation in the cost of food, energy, and other 
        commodities; and
            ``(2) estimate the impact of any further wage increases on 
        rates of employment and the living standards of workers in 
        American Samoa and the Commonwealth of the Northern Mariana 
        Islands, with full consideration of the other factors that may 
        impact the rates of employment and the living standards of 
        workers, including assessing how the profitability of major 
        private sector firms may be impacted by wage increases in 
        comparison to other factors such as energy costs and the value 
        of tax benefits.
    ``(b) Report.--No earlier than March 15, 2009, and not later than 
April 15, 2009, the Government Accountability Office shall transmit its 
first report to Congress concerning the findings of the study required 
under subsection (a). The Government Accountability Office shall 
transmit any subsequent reports to Congress concerning the findings of 
a study required by subsection (a) between March 15 and April 15 of 
each year.
    ``(c) Economic Information.--To provide sufficient economic data 
for the conduct of the study under subsection (a)--
            ``(1) the Department of Labor shall include and separately 
        report on American Samoa and the Commonwealth of the Northern 
        Mariana Islands in its household surveys and establishment 
        surveys;
            ``(2) the Bureau of Economic Analysis of the Department of 
        Commerce shall include and separately report on American Samoa 
        and the Commonwealth of the Northern Mariana Islands in its 
        gross domestic product data; and
            ``(3) the Bureau of the Census of the Department of 
        Commerce shall include and separately report on American Samoa 
        and the Commonwealth of the Northern Mariana Islands in its 
        population estimates and demographic profiles from the American 
        Community Survey,
with the same regularity and to the same extent as the Department or 
each Bureau collects and reports such data for the 50 States. In the 
event that the inclusion of American Samoa and the Commonwealth of the 
Northern Mariana Islands in such surveys and data compilations requires 
time to structure and implement, the Department of Labor, the Bureau of 
Economic Analysis, and the Bureau of the Census (as the case may be) 
shall in the interim annually report the best available data that can 
feasibly be secured with respect to such territories. Such interim 
reports shall describe the steps the Department or the respective 
Bureau will take to improve future data collection in the territories 
to achieve comparability with the data collected in the United States. 
The Department of Labor, the Bureau of Economic Analysis, and the 
Bureau of the Census, together with the Department of the Interior, 
shall coordinate their efforts to achieve such improvements.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of enactment of this Act.

                               CHAPTER 7

                             RELATED AGENCY

                  American Battle Monuments Commission

                 foreign currency fluctuations account

    For an additional amount for ``Foreign Currency Fluctuations 
Account'', $10,000,000, to remain available until expended, for 
purposes authorized by section 2109 of title 36, United States Code.

                               TITLE III

        HURRICANES KATRINA AND RITA, AND OTHER NATURAL DISASTERS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency

                     emergency conservation program

    For the purposes of carrying out the Emergency Conservation 
Program, there is hereby appropriated $49,413,000, to remain available 
until expended.

                 Natural Resources Conservation Service

               watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'', for emergency recovery operations, $130,464,000, to 
remain available until expended.

                    GENERAL PROVISION--THIS CHAPTER

                         (including rescission)

    Sec. 3101. Of the funds made available in the second paragraph 
under the heading ``Rural Utilities Service, Rural Electrification and 
Telecommunications Loans Program Account'' in chapter 1 of division B 
of the Department of Defense, Emergency Supplemental Appropriations to 
Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 
2006 (Public Law 109-148; 119 Stat. 2746), the Secretary may use an 
amount not to exceed $1,000,000 of remaining unobligated funds for the 
cost of loan modifications to rural electric loans made or guaranteed 
under the Rural Electrification Act of 1936, to respond to damage 
caused by any weather related events since Hurricane Katrina, to remain 
available until expended: Provided, That $1,000,000 of the remaining 
unobligated funds under such paragraph are rescinded.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

    For an additional amount for economic development assistance as 
provided by section 3082(a) of the Water Resources Development Act of 
2007 (Public Law 110-114), $75,000,000.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'' for necessary expenses related to economic impacts 
associated with commercial fishery failures, fishery resource 
disasters, and regulations on commercial fishing industries, 
$75,000,000.

                         DEPARTMENT OF JUSTICE

                       Office of Justice Programs

               state and local law enforcement assistance

    For an additional amount for ``State and Local Law Enforcement 
Assistance'', for discretionary grants authorized by subpart 2 of part 
E, of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
as in effect on September 30, 2006, $75,000,000: Provided, That the 
amount made available under this heading shall be for local law 
enforcement initiatives in the Gulf Coast region related to the 
aftermath of Hurricane Katrina.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              construction

    For an additional amount for ``Construction'' for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, and for recovery from other natural 
disasters $5,033,345,000, to remain available until expended: Provided, 
That the Secretary of the Army is directed to use $4,362,000,000 of the 
funds appropriated under this heading to modify authorized projects in 
southeast Louisiana to provide hurricane and storm damage reduction and 
flood damage reduction in the greater New Orleans and surrounding areas 
to provide the levels of protection necessary to achieve the 
certification required for participation in the National Flood 
Insurance Program under the base flood elevations current at the time 
of this construction; $1,657,000,000 shall be used for the Lake 
Pontchartrain and Vicinity; $1,415,000,000 shall be used for the West 
Bank and Vicinity project; and $1,290,000,000 shall be for elements of 
the Southeast Louisiana Urban Drainage project, that are within the 
geographic perimeter of the West Bank and Vicinity and Lake 
Pontchartrain and Vicinity projects to provide for interior drainage of 
runoff from rainfall with a 10 percent annual exceedance probability: 
Provided further, That none of this $4,362,000,000 shall become 
available for obligation until October 1, 2008: Provided further, That 
non-Federal cost allocations for these projects shall be consistent 
with the cost-sharing provisions under which the projects were 
originally constructed: Provided further, That the $1,315,000,000 non-
Federal cost share for these projects shall be repaid in accordance 
with provisions of section 103(k) of Public Law 99-662 over a period of 
30 years: Provided further, That the expenditure of funds as provided 
above may be made without regard to individual amounts or purposes 
except that any reallocation of funds that are necessary to accomplish 
the established goals are authorized, subject to the approval of the 
House and Senate Committees on Appropriations: Provided further, That 
the Secretary of the Army is directed to use $604,745,000 of the funds 
appropriated under this heading to provide hurricane and storm damage 
reduction, flood damage reduction and ecosystem restoration along the 
Gulf Coast of Mississippi and surrounding areas generally as described 
in the Mobile District Engineer's Mississippi Coastal Improvements 
Program Comprehensive Plan Report; $173,615,000 shall be used for 
ecosystem restoration projects; $4,550,000 shall be used for the Moss 
Point Municipal Relocation project; $5,000,000 shall be used for the 
Waveland Floodproofing project; $150,000 shall be used for the 
Mississippi Sound Sub Aquatic Vegetation project; $15,430,000 shall be 
used for the Coast-wide Dune Restoration project; $397,000,000 shall be 
used for the Homeowners Assistance and Relocation project; and 
$9,000,000 shall be used for the Forrest Heights Hurricane and Storm 
Damage Reduction project: Provided further, That none of this 
$604,745,000 shall become available for obligation until October 1, 
2008: Provided further, That these projects shall be initiated only 
after non-Federal interests have entered into binding agreements with 
the Secretary requiring the non-Federal interests to pay 100 percent of 
the operation, maintenance, repair, replacement, and rehabilitation 
costs of the project and to hold and save the United States free from 
damages due to the construction or operation and maintenance of the 
project, except for damages due to the fault or negligence of the 
United States or its contractors: Provided further, That the 
$211,661,000 non-Federal cost share for these projects shall be repaid 
in accordance with the provisions of section 103(k) of Public Law 99-
662 over a period of 30 years: Provided further, That the expenditure 
of funds as provided above may be made without regard to individual 
amounts or purposes except that any reallocation of funds that are 
necessary to accomplish the established goals are authorized, subject 
to the approval of the House and Senate Committees on Appropriations: 
Provided further, That the Secretary of the Army is directed to use 
$66,600,000 of the funds appropriated under this heading to address 
emergency situations at Corps of Engineers projects and rehabilitate 
and repair damages to Corps projects caused by recent natural 
disasters: Provided further, That the Chief of Engineers, acting 
through the Assistant Secretary of the Army for Civil Works, shall 
provide a monthly report to the House and Senate Committees on 
Appropriations detailing the allocation and obligation of these funds, 
beginning not later than 60 days after enactment of this Act.

                   mississippi river and tributaries

    For an additional amount for ``Mississippi River and Tributaries'' 
for recovery from natural disasters, $17,700,000, to remain available 
until expended to repair damages to Federal projects caused by recent 
natural disasters.

                       operations and maintenance

    For an additional amount for ``Operations and Maintenance'' to 
dredge navigation channels and repair other Corps projects related to 
natural disasters, $338,800,000, to remain available until expended: 
Provided, That the Chief of Engineers, acting through the Assistant 
Secretary of the Army for Civil Works, shall provide a monthly report 
to the House and Senate Committees on Appropriations detailing the 
allocation and obligation of these funds, beginning not later than 60 
days after enactment of this Act.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses relating to the consequences 
of Hurricane Katrina and other hurricanes, and for recovery from other 
natural disasters, $3,368,400,000, to remain available until expended: 
Provided, That the Secretary of the Army is directed to use 
$2,926,000,000 of the funds appropriated under this heading to modify, 
at full Federal expense, authorized projects in southeast Louisiana to 
provide hurricane and storm damage reduction and flood damage reduction 
in the greater New Orleans and surrounding areas; $704,000,000 shall be 
used to modify the 17th Street, Orleans Avenue, and London Avenue 
drainage canals and install pumps and closure structures at or near the 
lakefront; $90,000,000 shall be used for storm-proofing interior pump 
stations to ensure the operability of the stations during hurricanes, 
storms, and high water events; $459,000,000 shall be used for armoring 
critical elements of the New Orleans hurricane and storm damage 
reduction system; $53,000,000 shall be used to improve protection at 
the Inner Harbor Navigation Canal; $456,000,000 shall be used to 
replace or modify certain non-Federal levees in Plaquemines Parish to 
incorporate the levees into the existing New Orleans to Venice 
hurricane protection project; $412,000,000 shall be used for 
reinforcing or replacing flood walls, as necessary, in the existing 
Lake Pontchartrain and Vicinity project and the existing West Bank and 
Vicinity project to improve the performance of the systems; 
$393,000,000 shall be used for repair and restoration of authorized 
protections and floodwalls; $359,000,000 shall be to complete the 
authorized protection for the Lake Ponchartrain and Vicinity Project 
and for the West Bank and Vicinity Project: Provided further, That none 
of this $2,926,000,000 shall become available for obligation until 
October 1, 2008: Provided further, That any project using funds 
appropriated under this heading shall be initiated only after non-
Federal interests have entered into binding agreements with the 
Secretary requiring the non-Federal interests to pay 100 percent of the 
operation, maintenance, repair, replacement, and rehabilitation costs 
of the project and to hold and save the United States free from damages 
due to the construction or operation and maintenance of the project, 
except for damages due to the fault or negligence of the United States 
or its contractors: Provided further, That the Secretary of the Army, 
within available funds, is directed to continue the NEPA alternative 
evaluation of all options with particular attention to Options 1, 2 and 
2a of the report to Congress, dated August 30, 2007, provided in 
response to the requirements of chapter 3, section 4303 of Public Law 
110-28, and within 90 days of enactment of this Act provide the House 
and Senate Committees on Appropriations cost estimates to implement 
Options 1, 2 and 2a of the above cited report: Provided further, That 
the expenditure of funds as provided above may be made without regard 
to individual amounts or purposes except that any reallocation of funds 
that are necessary to accomplish the established goals are authorized, 
subject to the approval of the House and Senate Committees on 
Appropriations: Provided further, That $348,000,000 of the amount 
provided under this heading shall be used for barrier island 
restoration and ecosystem restoration to restore historic levels of 
storm damage reduction to the Mississippi Gulf Coast: Provided further, 
That none of this $348,000,000 shall become available for obligation 
until October 1, 2008: Provided further, That this work shall be 
carried out at full Federal expense: Provided further, That the 
Secretary of the Army is directed to use $94,400,000 of the funds 
appropriated under this heading to support emergency operations, to 
repair eligible projects nationwide, and for other activities in 
response to recent natural disasters: Provided further, That the Chief 
of Engineers, acting through the Assistant Secretary of the Army for 
Civil Works, shall provide a monthly report to the House and Senate 
Committees on Appropriations detailing the allocation and obligation of 
these funds, beginning not later than 60 days after enactment of this 
Act.

                            general expenses

    For an additional amount for ``General Expenses'' for increased 
efforts by the Mississippi Valley Division to oversee emergency 
response and recovery activities related to the consequences of 
hurricanes in the Gulf of Mexico in 2005, $1,500,000, to remain 
available until expended.

                               CHAPTER 4

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 3401. Notwithstanding any other provision of law, and not 
later than 30 days after the date of submission of a request for a 
single payment, the Federal Emergency Management Agency shall provide a 
single payment for any eligible costs under section 406 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act for any police 
station, fire station, or criminal justice facility that was damaged by 
Hurricane Katrina of 2005 or Hurricane Rita of 2005: Provided, That 
nothing in this section may be construed to alter the appeal or review 
process relating to assistance provided under section 406 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act: Provided 
further, That the Federal Emergency Management Agency shall not reduce 
the amount of assistance provided under section 406(c)(1) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act for such 
facilities.
    Sec. 3402. Until such time as the updating of flood insurance rate 
maps under section 19 of the Flood Modernization Act of 2007 is 
completed (as determined by the district engineer) for all areas 
located in the St. Louis District of the Mississippi Valley Division of 
the Corps of Engineers, the Administrator of the Federal Emergency 
Management Agency shall not adjust the chargeable premium rate for 
flood insurance under this section for any type or class of property 
located in an area in that District nor require the purchase of flood 
insurance for any type or class of property located in an area in that 
District not subject to such purchase requirement prior to the updating 
of such national flood insurance program rate map: Provided, That for 
purposes of this section, the term ``area'' does not include any area 
(or subdivision thereof) that has chosen not to participate in the 
flood insurance program under this section as of the date of enactment 
of this Act.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                        wildland fire management

                     (including transfer of funds)

    For an additional amount for ``Wildland Fire Management'', 
$125,000,000, to remain available until expended, of which $100,000,000 
is for emergency wildland fire suppression activities, and of which 
$25,000,000 is for rehabilitation and restoration of Federal lands: 
Provided, That emergency wildland fire suppression funds are also 
available for repayment to other appropriations accounts from which 
funds were transferred for wildfire suppression.

                         National Park Service

                       historic preservation fund

    For an additional amount for the ``Historic Preservation Fund'', 
for expenses related to the consequences of Hurricane Katrina, 
$15,000,000, to remain available until expended: Provided, That the 
funds provided under this heading shall be provided to the Louisiana 
State Historic Preservation Officer, after consultation with the 
National Park Service, for grants for restoration and rehabilitation at 
Jackson Barracks: Provided further, That no more than 5 percent of 
funds provided under this heading for disaster relief grants may be 
used for administrative expenses.

                    ENVIRONMENTAL PROTECTION AGENCY

                   State and Tribal Assistance Grants

    For an additional amount for ``State and Tribal Assistance 
Grants'', for expenses related to the consequences of Hurricane 
Katrina, $5,000,000, to remain available until expended, for a grant to 
Cameron Parish, Louisiana, for construction of drinking water, 
wastewater and storm water infrastructure and for water quality 
protection: Provided, That for purposes of this grant, the grantee 
shall contribute not less than 45 percent of the cost of the project 
unless the grantee is approved for a waiver by the Agency.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                        wildland fire management

                     (including transfers of funds)

    For an additional amount for ``Wildland Fire Management'', 
$325,000,000, to remain available until expended, of which $250,000,000 
shall be available for emergency wildfire suppression, and of which 
$75,000,000 shall be available for rehabilitation and restoration of 
Federal lands and may be transferred to other Forest Service accounts 
as necessary: Provided, That emergency wildfire suppression funds are 
also available for repayment to other appropriations accounts from 
which funds were transferred for wildfire suppression.

                               CHAPTER 6

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Medicare and Medicaid Services

    For grants to States, consistent with section 6201(a)(4) of the 
Deficit Reduction Act of 2005, to make payments as defined by the 
Secretary in the methodology used for the Provider Stabilization grants 
to those Medicare participating general acute care hospitals, as 
defined in section 1886(d) of the Social Security Act, and currently 
operating in Jackson, Forrest, Hancock, and Harrison Counties of 
Mississippi and Orleans and Jefferson Parishes of Louisiana which 
continue to experience severe financial exigencies and other economic 
losses attributable to Hurricane Katrina or its subsequent flooding, 
and are in need of supplemental funding to relieve the financial 
pressures these hospitals face resulting from increased wage rates in 
hiring and retaining staff in order to stabilize access to patient 
care, $350,000,000, to be made available until September 30, 2010.

                               CHAPTER 7

                         MILITARY CONSTRUCTION

               Military Construction, Army National Guard

                    (including rescission of funds)

    For an additional amount for ``Military Construction, Army National 
Guard'', $11,503,000, to remain available until September 30, 2012: 
Provided, That such funds may be obligated or expended for planning and 
design and military construction projects not otherwise authorized by 
law: Provided further, That of the funds appropriated for ``Military 
Construction, Army National Guard'' under Public Law 109-234, 
$7,000,000 are hereby rescinded.

                    GENERAL PROVISION--THIS CHAPTER

    Sec. 3701. Within the funds available in the Department of Defense 
Family Housing Improvement Fund as credited in accordance with 10 
U.S.C. 2883(c), $10,500,000 shall be available for use at the Naval 
Construction Battalion Center, Gulfport, Mississippi, under the terms 
and conditions specified by 10 U.S.C. 2883, to remain available until 
expended.

                               CHAPTER 8

                      DEPARTMENT OF TRANSPORTATION

                          Federal-aid Highways

                        emergency relief program

    For an additional amount for the Emergency Relief Program as 
authorized under section 125 of title 23, United States Code, for 
eligible disasters occurring in fiscal years 2005 to the present, 
$451,126,383, to remain available until expended.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Permanent Supportive Housing

    For the provision of permanent supportive housing units as 
identified in the plan of the Louisiana Recovery Authority and approved 
by the Secretary of Housing and Urban Development, $73,000,000 to 
remain available until expended, of which not less than $20,000,000 
shall be for project-based vouchers under section 8(o)(13) of the 
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), not less 
than $50,000,000 shall be for grants under the Shelter Plus Care 
Program as authorized under subtitle F of title IV of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11403 et seq.), and not more 
than $3,000,000 shall be for related administrative expenses of the 
State of Louisiana or its designee or designees: Provided, That the 
Secretary of Housing and Urban Development shall, upon request, make 
funds available under this paragraph to the State of Louisiana or its 
designee or designees: Provided further, That notwithstanding any other 
provision of law, for the purpose of administering the amounts provided 
under this paragraph, the State of Louisiana or its designee or 
designees may act in all respects as a public housing agency as defined 
in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 
1437a(b)(6)): Provided further, That subparagraphs (B) and (D) of 
section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(13)) shall not apply with respect to vouchers made available 
under this paragraph.

                    Project-based Rental Assistance

    For an additional amount to areas impacted by Hurricane Katrina in 
the State of Mississippi for project-based vouchers under section 
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)13)), $20,000,000, to remain available until expended.

                     Housing Transition Assistance

    For an additional amount to the State of Louisiana for case 
management and housing transition services for families in areas 
impacted by Hurricanes Katrina and Rita of 2005, $3,000,000, to remain 
available until expended.

                       Community Development Fund

    For an additional amount for the ``Community development fund'' for 
necessary expenses related to any uncompensated housing damage directly 
related to the consequences of Hurricane Katrina in the State of 
Alabama, $50,000,000, to remain available until expended: Provided, 
That prior to the obligation of funds the State shall submit a plan to 
the Secretary detailing the proposed use of all funds, including 
criteria for eligibility and how the use of these funds will address 
uncompensated housing damage: Provided further, That such funds may not 
be used for activities reimbursable by or for which funds are made 
available by the Federal Emergency Management Agency: Provided further, 
That the State may use up to 5 percent of its allocation for 
administrative costs: Provided further, That in administering the funds 
under this paragraph, the Secretary of Housing and Urban Development 
may waive, or specify alternative requirements for, any provision of 
any statute or regulation that the Secretary administers in connection 
with the obligation by the Secretary or the use by the recipient of 
these funds or guarantees (except for requirements related to fair 
housing, nondiscrimination, labor standards, and the environment), upon 
a request by the State that such waiver is required to facilitate the 
use of such funds or guarantees, and a finding by the Secretary that 
such waiver would not be inconsistent with the overall purpose of the 
statute: Provided further, That the Secretary may waive the requirement 
that activities benefit persons of low and moderate income, except that 
at least 50 percent of the funds made available under this heading must 
benefit primarily persons of low and moderate income unless the 
Secretary otherwise makes a finding of compelling need: Provided 
further, That the Secretary shall publish in the Federal Register any 
waiver of any statute or regulation that the Secretary administers 
pursuant to title I of the Housing and Community Development Act of 
1974 no later than 5 days before the effective date of such waiver.

                              (rescission)

    Of the unobligated balances remaining from funds appropriated under 
this heading by section 159 of Public Law 110-116 for the Louisiana 
Road Home program, $200,000,000 are rescinded.

               TITLE IV--VETERANS EDUCATIONAL ASSISTANCE

SEC. 4001. SHORT TITLE.

    This title may be cited as the ``Post-9/11 Veterans Educational 
Assistance Act of 2008''.

SEC. 4002. FINDINGS.

    Congress makes the following findings:
            (1) On September 11, 2001, terrorists attacked the United 
        States, and the brave members of the Armed Forces of the United 
        States were called to the defense of the Nation.
            (2) Service on active duty in the Armed Forces has been 
        especially arduous for the members of the Armed Forces since 
        September 11, 2001.
            (3) The United States has a proud history of offering 
        educational assistance to millions of veterans, as demonstrated 
        by the many ``G.I. Bills'' enacted since World War II. 
        Educational assistance for veterans helps reduce the costs of 
        war, assist veterans in readjusting to civilian life after 
        wartime service, and boost the United States economy, and has a 
        positive effect on recruitment for the Armed Forces.
            (4) The current educational assistance program for veterans 
        is outmoded and designed for peacetime service in the Armed 
        Forces.
            (5) The people of the United States greatly value military 
        service and recognize the difficult challenges involved in 
        readjusting to civilian life after wartime service in the Armed 
        Forces.
            (6) It is in the national interest for the United States to 
        provide veterans who serve on active duty in the Armed Forces 
        after September 11, 2001, with enhanced educational assistance 
        benefits that are worthy of such service and are commensurate 
        with the educational assistance benefits provided by a grateful 
        Nation to veterans of World War II.

SEC. 4003. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WHO 
              SERVE AFTER SEPTEMBER 11, 2001.

    (a) Educational Assistance Authorized.--
            (1) In general.--Part III of title 38, United States Code, 
        is amended by inserting after chapter 32 the following new 
        chapter:

             ``CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE

                       ``subchapter i--definitions

``Sec.
``3301. Definitions.

                 ``subchapter ii--educational assistance

``3311. Educational assistance for service in the Armed Forces 
                            commencing on or after September 11, 2001: 
                            entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: amount; payment.
``3314. Tutorial assistance.
``3315. Licensure and certification tests.
``3316. Supplemental educational assistance: members with critical 
                            skills or specialty; members serving 
                            additional service.
``3317. Public-private contributions for additional educational 
                            assistance.
``3318. Additional assistance: relocation or travel assistance for 
                            individual relocating or traveling 
                            significant distance for pursuit of a 
                            program of education.

              ``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.

                      ``SUBCHAPTER I--DEFINITIONS

``Sec. 3301. Definitions
    ``In this chapter:
            ``(1) The term `active duty' has the meanings as follows 
        (subject to the limitations specified in sections 3002(6) and 
        3311(b) of this title):
                    ``(A) In the case of members of the regular 
                components of the Armed Forces, the meaning given such 
                term in section 101(21)(A) of this title.
                    ``(B) In the case of members of the reserve 
                components of the Armed Forces, service on active duty 
                under a call or order to active duty under section 688, 
                12301(a), 12301(d), 12301(g), 12302, or 12304 of title 
                10.
            ``(2) The term `entry level and skill training' means the 
        following:
                    ``(A) In the case of members of the Army, Basic 
                Combat Training and Advanced Individual Training.
                    ``(B) In the case of members of the Navy, Recruit 
                Training (or Boot Camp) and Skill Training (or so-
                called `A' School).
                    ``(C) In the case of members of the Air Force, 
                Basic Military Training and Technical Training.
                    ``(D) In the case of members of the Marine Corps, 
                Recruit Training and Marine Corps Training (or School 
                of Infantry Training).
                    ``(E) In the case of members of the Coast Guard, 
                Basic Training.
            ``(3) The term `program of education' has the meaning the 
        meaning given such term in section 3002 of this title, except 
        to the extent otherwise provided in section 3313 of this title.
            ``(4) The term `Secretary of Defense' has the meaning given 
        such term in section 3002 of this title.

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

``Sec. 3311. Educational assistance for service in the Armed Forces 
              commencing on or after September 11, 2001: entitlement
    ``(a) Entitlement.--Subject to subsections (d) and (e), each 
individual described in subsection (b) is entitled to educational 
assistance under this chapter.
    ``(b) Covered Individuals.--An individual described in this 
subsection is any individual as follows:
            ``(1) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 36 months on active 
                duty in the Armed Forces (including service on active 
                duty in entry level and skill training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                            ``(i) continues on active duty; or
                            ``(ii) is discharged or released from 
                        active duty as described in subsection (c).
            ``(2) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves at least 30 continuous days on active duty in 
                the Armed Forces; and
                    ``(B) after completion of service described in 
                subparagraph (A), is discharged or released from active 
                duty in the Armed Forces for a service-connected 
                disability.
            ``(3) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 30 months, but less 
                than 36 months, on active duty in the Armed Forces 
                (including service on active duty in entry level and 
                skill training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                            ``(i) continues on active duty for an 
                        aggregate of less than 36 months; or
                            ``(ii) before completion of service on 
                        active duty of an aggregate of 36 months, is 
                        discharged or released from active duty as 
                        described in subsection (c).
            ``(4) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 24 months, but less 
                than 30 months, on active duty in the Armed Forces 
                (including service on active duty in entry level and 
                skill training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                            ``(i) continues on active duty for an 
                        aggregate of less than 30 months; or
                            ``(ii) before completion of service on 
                        active duty of an aggregate of 30 months, is 
                        discharged or released from active duty as 
                        described in subsection (c).
            ``(5) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 18 months, but less 
                than 24 months, on active duty in the Armed Forces 
                (excluding service on active duty in entry level and 
                skill training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                            ``(i) continues on active duty for an 
                        aggregate of less than 24 months; or
                            ``(ii) before completion of service on 
                        active duty of an aggregate of 24 months, is 
                        discharged or released from active duty as 
                        described in subsection (c).
            ``(6) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 12 months, but less 
                than 18 months, on active duty in the Armed Forces 
                (excluding service on active duty in entry level and 
                skill training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                            ``(i) continues on active duty for an 
                        aggregate of less than 18 months; or
                            ``(ii) before completion of service on 
                        active duty of an aggregate of 18 months, is 
                        discharged or released from active duty as 
                        described in subsection (c).
            ``(7) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 6 months, but less than 
                12 months, on active duty in the Armed Forces 
                (excluding service on active duty in entry level and 
                skill training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                            ``(i) continues on active duty for an 
                        aggregate of less than 12 months; or
                            ``(ii) before completion of service on 
                        active duty of an aggregate of 12 months, is 
                        discharged or released from active duty as 
                        described in subsection (c).
            ``(8) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 90 days, but less than 
                6 months, on active duty in the Armed Forces (excluding 
                service on active duty in entry level and skill 
                training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                            ``(i) continues on active duty for an 
                        aggregate of less than 6 months; or
                            ``(ii) before completion of service on 
                        active duty of an aggregate of 6 months, is 
                        discharged or released from active duty as 
                        described in subsection (c).
    ``(c) Covered Discharges and Releases.--A discharge or release from 
active duty of an individual described in this subsection is a 
discharge or release as follows:
            ``(1) A discharge from active duty in the Armed Forces with 
        an honorable discharge.
            ``(2) A release after service on active duty in the Armed 
        Forces characterized by the Secretary concerned as honorable 
        service and placement on the retired list, transfer to the 
        Fleet Reserve or Fleet Marine Corps Reserve, or placement on 
        the temporary disability retired list.
            ``(3) A release from active duty in the Armed Forces for 
        further service in a reserve component of the Armed Forces 
        after service on active duty characterized by the Secretary 
        concerned as honorable service.
            ``(4) A discharge or release from active duty in the Armed 
        Forces for--
                    ``(A) a medical condition which preexisted the 
                service of the individual as described in the 
                applicable paragraph of subsection (b) and which the 
                Secretary determines is not service-connected;
                    ``(B) hardship; or
                    ``(C) a physical or mental condition that was not 
                characterized as a disability and did not result from 
                the individual's own willful misconduct but did 
                interfere with the individual's performance of duty, as 
                determined by the Secretary concerned in accordance 
                with regulations prescribed by the Secretary of 
                Defense.
    ``(d) Prohibition on Treatment of Certain Service as Period of 
Active Duty.--The following periods of service shall not be considered 
a part of the period of active duty on which an individual's 
entitlement to educational assistance under this chapter is based:
            ``(1) A period of service on active duty of an officer 
        pursuant to an agreement under section 2107(b) of title 10.
            ``(2) A period of service on active duty of an officer 
        pursuant to an agreement under section 4348, 6959, or 9348 of 
        title 10.
            ``(3) A period of service that is terminated because of a 
        defective enlistment and induction based on--
                    ``(A) the individual's being a minor for purposes 
                of service in the Armed Forces;
                    ``(B) an erroneous enlistment or induction; or
                    ``(C) a defective enlistment agreement.
    ``(e) Treatment of Individuals Entitled Under Multiple 
Provisions.--In the event an individual entitled to educational 
assistance under this chapter is entitled by reason of both paragraphs 
(4) and (5) of subsection (b), the individual shall be treated as being 
entitled to educational assistance under this chapter by reason of 
paragraph (5) of such subsection.
``Sec. 3312. Educational assistance: duration
    ``(a) In General.--Subject to section 3695 of this title and except 
as provided in subsections (b) and (c), an individual entitled to 
educational assistance under this chapter is entitled to a number of 
months of educational assistance under section 3313 of this title equal 
to 36 months.
    ``(b) Continuing Receipt.--The receipt of educational assistance 
under section 3313 of this title by an individual entitled to 
educational assistance under this chapter is subject to the provisions 
of section 3321(b)(2) of this title.
    ``(c) Discontinuation of Education for Active Duty.--(1) Any 
payment of educational assistance described in paragraph (2) shall 
not--
            ``(A) be charged against any entitlement to educational 
        assistance of the individual concerned under this chapter; or
            ``(B) be counted against the aggregate period for which 
        section 3695 of this title limits the individual's receipt of 
        educational assistance under this chapter.
    ``(2) Subject to paragraph (3), the payment of educational 
assistance described in this paragraph is the payment of such 
assistance to an individual for pursuit of a course or courses under 
this chapter if the Secretary finds that the individual--
            ``(A)(i) in the case of an individual not serving on active 
        duty, had to discontinue such course pursuit as a result of 
        being called or ordered to serve on active duty under section 
        688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; 
        or
            ``(ii) in the case of an individual serving on active duty, 
        had to discontinue such course pursuit as a result of being 
        ordered to a new duty location or assignment or to perform an 
        increased amount of work; and
            ``(B) failed to receive credit or lost training time toward 
        completion of the individual's approved education, 
        professional, or vocational objective as a result of having to 
        discontinue, as described in subparagraph (A), the individual's 
        course pursuit.
    ``(3) The period for which, by reason of this subsection, 
educational assistance is not charged against entitlement or counted 
toward the applicable aggregate period under section 3695 of this title 
shall not exceed the portion of the period of enrollment in the course 
or courses from which the individual failed to receive credit or with 
respect to which the individual lost training time, as determined under 
paragraph (2)(B).
``Sec. 3313. Educational assistance: amount; payment
    ``(a) Payment.--The Secretary shall pay to each individual entitled 
to educational assistance under this chapter who is pursuing an 
approved program of education (other than a program covered by 
subsections (e) and (f)) the amounts specified in subsection (c) to 
meet the expenses of such individual's subsistence, tuition, fees, and 
other educational costs for pursuit of such program of education.
    ``(b) Approved Programs of Education.--A program of education is an 
approved program of education for purposes of this chapter if the 
program of education is offered by an institution of higher learning 
(as that term is defined in section 3452(f) of this title) and is 
approved for purposes of chapter 30 of this title (including approval 
by the State approving agency concerned).
    ``(c) Amount of Educational Assistance.--The amounts payable under 
this subsection for pursuit of an approved program of education are 
amounts as follows:
            ``(1) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(1) 
        or 3311(b)(2) of this title, amounts as follows:
                    ``(A) An amount equal to the established charges 
                for the program of education, except that the amount 
                payable under this subparagraph may not exceed the 
                maximum amount of established charges regularly charged 
                in-State students for full-time pursuit of approved 
                programs of education for undergraduates by the public 
                institution of higher education offering approved 
                programs of education for undergraduates in the State 
                in which the individual is enrolled that has the 
                highest rate of regularly-charged established charges 
                for such programs of education among all public 
                institutions of higher education in such State offering 
                such programs of education.
                    ``(B) A monthly stipend in an amount as follows:
                            ``(i) For each month the individual pursues 
                        the program of education, other than a program 
                        of education offered through distance learning, 
                        a monthly housing stipend amount equal to the 
                        monthly amount of the basic allowance for 
                        housing payable under section 403 of title 37 
                        for a member with dependents in pay grade E-5 
                        residing in the military housing area that 
                        encompasses all or the majority portion of the 
                        ZIP code area in which is located the 
                        institution of higher education at which the 
                        individual is enrolled.
                            ``(ii) For the first month of each quarter, 
                        semester, or term, as applicable, of the 
                        program of education pursued by the individual, 
                        a lump sum amount for books, supplies, 
                        equipment, and other educational costs with 
                        respect to such quarter, semester, or term in 
                        the amount equal to--
                                    ``(I) $1,000, multiplied by
                                    ``(II) the fraction which is the 
                                portion of a complete academic year 
                                under the program of education that 
                                such quarter, semester, or term 
                                constitutes.
            ``(2) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(3) 
        of this title, amounts equal to 90 percent of the amounts that 
        would be payable to the individual under paragraph (1) for the 
        program of education if the individual were entitled to amounts 
        for the program of education under paragraph (1) rather than 
        this paragraph.
            ``(3) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(4) 
        of this title, amounts equal to 80 percent of the amounts that 
        would be payable to the individual under paragraph (1) for the 
        program of education if the individual were entitled to amounts 
        for the program of education under paragraph (1) rather than 
        this paragraph.
            ``(4) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(5) 
        of this title, amounts equal to 70 percent of the amounts that 
        would be payable to the individual under paragraph (1) for the 
        program of education if the individual were entitled to amounts 
        for the program of education under paragraph (1) rather than 
        this paragraph.
            ``(5) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(6) 
        of this title, amounts equal to 60 percent of the amounts that 
        would be payable to the individual under paragraph (1) for the 
        program of education if the individual were entitled to amounts 
        for the program of education under paragraph (1) rather than 
        this paragraph.
            ``(6) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(7) 
        of this title, amounts equal to 50 percent of the amounts that 
        would be payable to the individual under paragraph (1) for the 
        program of education if the individual were entitled to amounts 
        for the program of education under paragraph (1) rather than 
        this paragraph.
            ``(7) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(8) 
        of this title, amounts equal to 40 percent of the amounts that 
        would be payable to the individual under paragraph (1) for the 
        program of education if the individual were entitled to amounts 
        for the program of education under paragraph (1) rather than 
        this paragraph.
    ``(d) Frequency of Payment.--(1) Payment of the amounts payable 
under subsection (c)(1)(A), and of similar amounts payable under 
paragraphs (2) through (7) of subsection (c), for pursuit of a program 
of education shall be made for the entire quarter, semester, or term, 
as applicable, of the program of education.
    ``(2) Payment of the amount payable under subsection (c)(1)(B), and 
of similar amounts payable under paragraphs (2) through (7) of 
subsection (c), for pursuit of a program of education shall be made on 
a monthly basis.
    ``(3) The Secretary shall prescribe in regulations methods for 
determining the number of months (including fractions thereof) of 
entitlement of an individual to educational assistance this chapter 
that are chargeable under this chapter for an advance payment of 
amounts under paragraphs (1) and (2) for pursuit of a program of 
education on a quarter, semester, term, or other basis.
    ``(e) Programs of Education Pursued on Active Duty.--(1) 
Educational assistance is payable under this chapter for pursuit of an 
approved program of education while on active duty.
    ``(2) The amount of educational assistance payable under this 
chapter to an individual pursuing a program of education while on 
active duty is the lesser of--
            ``(A) the established charges which similarly circumstanced 
        nonveterans enrolled in the program of education involved would 
        be required to pay; or
            ``(B) the amount of the charges of the educational 
        institution as elected by the individual in the manner 
        specified in section 3014(b)(1) of this title.
    ``(3) Payment of the amount payable under paragraph (2) for pursuit 
of a program of education shall be made for the entire quarter, 
semester, or term, as applicable, of the program of education.
    ``(4) For each month (as determined pursuant to the methods 
prescribed under subsection (d)(3)) for which amounts are paid an 
individual under this subsection, the entitlement of the individual to 
educational assistance under this chapter shall be charged at the rate 
of one month for each such month.
    ``(f) Programs of Education Pursued on Half-Time Basis or Less.--
(1) Educational assistance is payable under this chapter for pursuit of 
an approved program of education on half-time basis or less.
    ``(2) The educational assistance payable under this chapter to an 
individual pursuing a program of education on half-time basis or less 
is the amounts as follows:
            ``(A) The amount equal to the lesser of--
                    ``(i) the established charges which similarly 
                circumstanced nonveterans enrolled in the program of 
                education involved would be required to pay; or
                    ``(ii) the maximum amount that would be payable to 
                the individual for the program of education under 
                paragraph (1)(A) of subsection (c), or under the 
                provisions of paragraphs (2) through (7) of subsection 
                (c) applicable to the individual, for the program of 
                education if the individual were entitled to amounts 
                for the program of education under subsection (c) 
                rather than this subsection.
            ``(B) A stipend in an amount equal to the amount of the 
        appropriately reduced amount of the lump sum amount for books, 
        supplies, equipment, and other educational costs otherwise 
        payable to the individual under subsection (c).
    ``(3) Payment of the amounts payable to an individual under 
paragraph (2) for pursuit of a program of education on half-time basis 
or less shall be made for the entire quarter, semester, or term, as 
applicable, of the program of education.
    ``(4) For each month (as determined pursuant to the methods 
prescribed under subsection (d)(3)) for which amounts are paid an 
individual under this subsection, the entitlement of the individual to 
educational assistance under this chapter shall be charged at a 
percentage of a month equal to--
            ``(A) the number of course hours borne by the individual in 
        pursuit of the program of education involved, divided by
            ``(B) the number of course hours for full-time pursuit of 
        such program of education.
    ``(g) Payment of Established Charges to Educational Institutions.--
Amounts payable under subsections (c)(1)(A) (and of similar amounts 
payable under paragraphs (2) through (7) of subsection (c)), (e)(2) and 
(f)(2)(A) shall be paid directly to the educational institution 
concerned.
    ``(h) Established Charges Defined.--(1) In this section, the term 
`established charges', in the case of a program of education, means the 
actual charges (as determined pursuant to regulations prescribed by the 
Secretary) for tuition and fees which similarly circumstanced 
nonveterans enrolled in the program of education would be required to 
pay.
    ``(2) Established charges shall be determined for purposes of this 
subsection on the following basis:
            ``(A) In the case of an individual enrolled in a program of 
        education offered on a term, quarter, or semester basis, the 
        tuition and fees charged the individual for the term, quarter, 
        or semester.
            ``(B) In the case of an individual enrolled in a program of 
        education not offered on a term, quarter, or semester basis, 
        the tuition and fees charged the individual for the entire 
        program of education.
``Sec. 3314. Tutorial assistance
    ``(a) In General.--Subject to subsection (b), an individual 
entitled to educational assistance under this chapter shall also be 
entitled to benefits provided an eligible veteran under section 3492 of 
this title.
    ``(b) Conditions.--(1) The provision of benefits under subsection 
(a) shall be subject to the conditions applicable to an eligible 
veteran under section 3492 of this title.
    ``(2) In addition to the conditions specified in paragraph (1), 
benefits may not be provided to an individual under subsection (a) 
unless the professor or other individual teaching, leading, or giving 
the course for which such benefits are provided certifies that--
            ``(A) such benefits are essential to correct a deficiency 
        of the individual in such course; and
            ``(B) such course is required as a part of, or is 
        prerequisite or indispensable to the satisfactory pursuit of, 
        an approved program of education.
    ``(c) Amount.--(1) The amount of benefits described in subsection 
(a) that are payable under this section may not exceed $100 per month, 
for a maximum of 12 months, or until a maximum of $1,200 is utilized.
    ``(2) The amount provided an individual under this subsection is in 
addition to the amounts of educational assistance paid the individual 
under section 3313 of this title.
    ``(d) No Charge Against Entitlement.--Any benefits provided an 
individual under subsection (a) are in addition to any other 
educational assistance benefits provided the individual under this 
chapter.
``Sec. 3315. Licensure and certification tests
    ``(a) In General.--An individual entitled to educational assistance 
under this chapter shall also be entitled to payment for one licensing 
or certification test described in section 3452(b) of this title.
    ``(b) Limitation on Amount.--The amount payable under subsection 
(a) for a licensing or certification test may not exceed the lesser 
of--
            ``(1) $2,000; or
            ``(2) the fee charged for the test.
    ``(c) No Charge Against Entitlement.--Any amount paid an individual 
under subsection (a) is in addition to any other educational assistance 
benefits provided the individual under this chapter.
``Sec. 3316. Supplemental educational assistance: members with critical 
              skills or specialty; members serving additional service
    ``(a) Increased Assistance for Members With Critical Skills or 
Specialty.--(1) In the case of an individual who has a skill or 
specialty designated by the Secretary concerned as a skill or specialty 
in which there is a critical shortage of personnel or for which it is 
difficult to recruit or, in the case of critical units, retain 
personnel, the Secretary concerned may increase the monthly amount of 
educational assistance otherwise payable to the individual under 
paragraph (1)(B) of section 3313(c) of this title, or under paragraphs 
(2) through (7) of such section (as applicable).
    ``(2) The amount of the increase in educational assistance 
authorized by paragraph (1) may not exceed the amount equal to the 
monthly amount of increased basic educational assistance providable 
under section 3015(d)(1) of this title at the time of the increase 
under paragraph (1).
    ``(b) Supplemental Assistance for Additional Service.--(1) The 
Secretary concerned may provide for the payment to an individual 
entitled to educational assistance under this chapter of supplemental 
educational assistance for additional service authorized by subchapter 
III of chapter 30 of this title. The amount so payable shall be payable 
as an increase in the monthly amount of educational assistance 
otherwise payable to the individual under paragraph (1)(B) of section 
3313(c) of this title, or under paragraphs (2) through (7) of such 
section (as applicable).
    ``(2) Eligibility for supplement educational assistance under this 
subsection shall be determined in accordance with the provisions of 
subchapter III of chapter 30 of this title, except that any reference 
in such provisions to eligibility for basic educational assistance 
under a provision of subchapter II of chapter 30 of this title shall be 
treated as a reference to eligibility for educational assistance under 
the appropriate provision of this chapter.
    ``(3) The amount of supplemental educational assistance payable 
under this subsection shall be the amount equal to the monthly amount 
of supplemental educational payable under section 3022 of this title.
    ``(c) Regulations.--The Secretaries concerned shall administer this 
section in accordance with such regulations as the Secretary of Defense 
shall prescribe.
``Sec. 3317. Public-private contributions for additional educational 
              assistance
    ``(a) Establishment of Program.--In instances where the educational 
assistance provided pursuant to section 3313(c)(1)(A) does not cover 
the full cost of established charges (as specified in section 3313 of 
this title), the Secretary shall carry out a program under which 
colleges and universities can, voluntarily, enter into an agreement 
with the Secretary to cover a portion of those established charges not 
otherwise covered under section 3313(c)(1)(A), which contributions 
shall be matched by equivalent contributions toward such costs by the 
Secretary. The program shall only apply to covered individuals 
described in paragraphs (1) and (2) of section 3311(b).
    ``(b) Designation of Program.--The program under this section shall 
be known as the `Yellow Ribbon G.I. Education Enhancement Program'.
    ``(c) Agreements.--The Secretary shall enter into an agreement with 
each college or university seeking to participate in the program under 
this section. Each agreement shall specify the following:
            ``(1) The manner (whether by direct grant, scholarship, or 
        otherwise) of the contributions to be made by the college or 
        university concerned.
            ``(2) The maximum amount of the contribution to be made by 
        the college or university concerned with respect to any 
        particular individual in any given academic year.
            ``(3) The maximum number of individuals for whom the 
        college or university concerned will make contributions in any 
        given academic year.
            ``(4) Such other matters as the Secretary and the college 
        or university concerned jointly consider appropriate.
    ``(d) Matching Contributions.--(1) In instances where the 
educational assistance provided an individual under section 
3313(c)(1)(A) of this title does not cover the full cost of tuition and 
mandatory fees at a college or university, the Secretary shall provide 
up to 50 percent of the remaining costs for tuition and mandatory fees 
if the college or university voluntarily enters into an agreement with 
the Secretary to match an equal percentage of any of the remaining 
costs for such tuition and fees.
    ``(2) Amounts available to the Secretary under section 3324(b) of 
this title for payment of the costs of this chapter shall be available 
to the Secretary for purposes of paragraph (1).
    ``(e) Outreach.--The Secretary shall make available on the Internet 
website of the Department available to the public a current list of the 
colleges and universities participating in the program under this 
section. The list shall specify, for each college or university so 
listed, appropriate information on the agreement between the Secretary 
and such college or university under subsection (c).
``Sec. 3318. Additional assistance: relocation or travel assistance for 
              individual relocating or traveling significant distance 
              for pursuit of a program of education
    ``(a) Additional Assistance.--Each individual described in 
subsection (b) shall be paid additional assistance under this section 
in the amount of $500.
    ``(b) Covered Individuals.--An individual described in this 
subsection is any individual entitled to educational assistance under 
this chapter--
            ``(1) who resides in a highly rural area (as determined by 
        the Bureau of the Census); and
            ``(2) who--
                    ``(A) physically relocates a distance of at least 
                500 miles in order to pursue a program of education for 
                which the individual utilizes educational assistance 
                under this chapter; or
                    ``(B) travels by air to physically attend an 
                institution of higher education for pursuit of such a 
                program of education because the individual cannot 
                travel to such institution by automobile or other 
                established form of transportation due to an absence of 
                road or other infrastructure.
    ``(c) Proof of Residence.--For purposes of subsection (b)(1), an 
individual may demonstrate the individual's place of residence 
utilizing any of the following:
            ``(1) DD Form 214, Certification of Release or Discharge 
        from Active Duty.
            ``(2) The most recent Federal income tax return.
            ``(3) Such other evidence as the Secretary shall prescribe 
        for purposes of this section.
    ``(d) Single Payment of Assistance.--An individual is entitled to 
only one payment of additional assistance under this section.
    ``(e) No Charge Against Entitlement.--Any amount paid an individual 
under this section is in addition to any other educational assistance 
benefits provided the individual under this chapter.''.

              ``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

``Sec. 3321. Time limitation for use of and eligibility for entitlement
    ``(a) In General.--Except as provided in this section, the period 
during which an individual entitled to educational assistance under 
this chapter may use such individual's entitlement expires at the end 
of the 15-year period beginning on the date of such individual's last 
discharge or release from active duty.
    ``(b) Exceptions.--(1) Subsections (b), (c), and (d) of section 
3031 of this title shall apply with respect to the running of the 15-
year period described in subsection (a) of this section in the same 
manner as such subsections apply under section 3031 of this title with 
respect to the running of the 10-year period described in section 
3031(a) of this title.
    ``(2) Section 3031(f) of this title shall apply with respect to the 
termination of an individual's entitlement to educational assistance 
under this chapter in the same manner as such section applies to the 
termination of an individual's entitlement to educational assistance 
under chapter 30 of this title, except that, in the administration of 
such section for purposes of this chapter, the reference to section 
3013 of this title shall be deemed to be a reference to 3312 of this 
title.
    ``(3) For purposes of subsection (a), an individual's last 
discharge or release from active duty shall not include any discharge 
or release from a period of active duty of less than 90 days of 
continuous service, unless the individual is discharged or released as 
described in section 3311(b)(2) of this title.
``Sec. 3322. Bar to duplication of educational assistance benefits
    ``(a) In General.--An individual entitled to educational assistance 
under this chapter who is also eligible for educational assistance 
under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 
1607 of title 10, or the provisions of the Hostage Relief Act of 1980 
(Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance 
under two or more such programs concurrently, but shall elect (in such 
form and manner as the Secretary may prescribe) under which chapter or 
provisions to receive educational assistance.
    ``(b) Inapplicability of Service Treated Under Educational Loan 
Repayment Programs.--A period of service counted for purposes of 
repayment of an education loan under chapter 109 of title 10 may not be 
counted as a period of service for entitlement to educational 
assistance under this chapter.
    ``(c) Service in Selected Reserve.--An individual who serves in the 
Selected Reserve may receive credit for such service under only one of 
this chapter, chapter 30 of this title, and chapters 1606 and 1607 of 
title 10, and shall elect (in such form and manner as the Secretary may 
prescribe) under which chapter such service is to be credited.
    ``(d) Additional Coordination Matters.--In the case of an 
individual entitled to educational assistance under chapter 30, 31, 32, 
or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the 
provisions of the Hostage Relief Act of 1980, or making contributions 
toward entitlement to educational assistance under chapter 30 of this 
title, as of August 1, 2009, coordination of entitlement to educational 
assistance under this chapter, on the one hand, and such chapters or 
provisions, on the other, shall be governed by the provisions of 
section __03(c) of the Post-9/11 Veterans Educational Assistance Act of 
2008.
``Sec. 3323. Administration
    ``(a) In General.--(1) Except as otherwise provided in this 
chapter, the provisions specified in section 3034(a)(1) of this title 
shall apply to the provision of educational assistance under this 
chapter.
    ``(2) In applying the provisions referred to in paragraph (1) to an 
individual entitled to educational assistance under this chapter for 
purposes of this section, the reference in such provisions to the term 
`eligible veteran' shall be deemed to refer to an individual entitled 
to educational assistance under this chapter.
    ``(3) In applying section 3474 of this title to an individual 
entitled to educational assistance under this chapter for purposes of 
this section, the reference in such section 3474 to the term 
`educational assistance allowance' shall be deemed to refer to 
educational assistance payable under section 3313 of this title.
    ``(4) In applying section 3482(g) of this title to an individual 
entitled to educational assistance under this chapter for purposes of 
this section--
            ``(A) the first reference to the term `educational 
        assistance allowance' in such section 3482(g) shall be deemed 
        to refer to educational assistance payable under section 3313 
        of this title; and
            ``(B) the first sentence of paragraph (1) of such section 
        3482(g) shall be applied as if such sentence ended with 
        `equipment'.
    ``(b) Information on Benefits.--(1) The Secretary of Veterans 
Affairs shall provide the information described in paragraph (2) to 
each member of the Armed Forces at such times as the Secretary of 
Veterans Affairs and the Secretary of Defense shall jointly prescribe 
in regulations.
    ``(2) The information described in this paragraph is information on 
benefits, limitations, procedures, eligibility requirements (including 
time-in-service requirements), and other important aspects of 
educational assistance under this chapter, including application forms 
for such assistance under section 5102 of this title.
    ``(3) The Secretary of Veterans Affairs shall furnish the 
information and forms described in paragraph (2), and other educational 
materials on educational assistance under this chapter, to educational 
institutions, training establishments, military education personnel, 
and such other persons and entities as the Secretary considers 
appropriate.
    ``(c) Regulations.--(1) The Secretary shall prescribe regulations 
for the administration of this chapter.
    ``(2) Any regulations prescribed by the Secretary of Defense for 
purposes of this chapter shall apply uniformly across the Armed Forces.
``Sec. 3324. Allocation of administration and costs
    ``(a) Administration.--Except as otherwise provided in this 
chapter, the Secretary shall administer the provision of educational 
assistance under this chapter.
    ``(b) Costs.--Payments for entitlement to educational assistance 
earned under this chapter shall be made from funds appropriated to, or 
otherwise made available to, the Department of Veterans Affairs for the 
payment of readjustment benefits.''.
            (2) Clerical amendments.--The tables of chapters at the 
        beginning of title 38, United States Code, and at the beginning 
        of part III of such title, are each amended by inserting after 
        the item relating to chapter 32 the following new item:

``33. Post-9/11 Educational Assistance......................    3301''.
    (b) Conforming Amendments.--
            (1) Amendments relating to duplication of benefits.--
                    (A) Section 3033 of title 38, United States Code, 
                is amended--
                            (i) in subsection (a)(1), by inserting 
                        ``33,'' after ``32,''; and
                            (ii) in subsection (c), by striking ``both 
                        the program established by this chapter and the 
                        program established by chapter 106 of title 
                        10'' and inserting ``two or more of the 
                        programs established by this chapter, chapter 
                        33 of this title, and chapters 1606 and 1607 of 
                        title 10''.
                    (B) Paragraph (4) of section 3695(a) of such title 
                is amended to read as follows:
            ``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
                    (C) Section 16163(e) of title 10, United States 
                Code, is amended by inserting ``33,'' after ``32,''.
            (2) Additional conforming amendments.--
                    (A) Title 38, United States Code, is further 
                amended by inserting ``33,'' after ``32,'' each place 
                it appears in the following provisions:
                            (i) In subsections (b) and (e)(1) of 
                        section 3485.
                            (ii) In section 3688(b).
                            (iii) In subsections (a)(1), (c)(1), 
                        (c)(1)(G), (d), and (e)(2) of section 3689.
                            (iv) In section 3690(b)(3)(A).
                            (v) In subsections (a) and (b) of section 
                        3692.
                            (vi) In section 3697(a).
                    (B) Section 3697A(b)(1) of such title is amended by 
                striking ``or 32'' and inserting ``32, or 33''.
    (c) Applicability to Individuals Under Montgomery GI Bill 
Program.--
            (1) Individuals eligible to elect participation in post-9/
        11 educational assistance.--An individual may elect to receive 
        educational assistance under chapter 33 of title 38, United 
        States Code (as added by subsection (a)), if such individual--
                    (A) as of August 1, 2009--
                            (i) is entitled to basic educational 
                        assistance under chapter 30 of title 38, United 
                        States Code, and has used, but retains unused, 
                        entitlement under that chapter;
                            (ii) is entitled to educational assistance 
                        under chapter 107, 1606, or 1607 of title 10, 
                        United States Code, and has used, but retains 
                        unused, entitlement under the applicable 
                        chapter;
                            (iii) is entitled to basic educational 
                        assistance under chapter 30 of title 38, United 
                        States Code, but has not used any entitlement 
                        under that chapter;
                            (iv) is entitled to educational assistance 
                        under chapter 107, 1606, or 1607 of title 10, 
                        United States Code, but has not used any 
                        entitlement under such chapter;
                            (v) is a member of the Armed Forces who is 
                        eligible for receipt of basic educational 
                        assistance under chapter 30 of title 38, United 
                        States Code, and is making contributions toward 
                        such assistance under section 3011(b) or 
                        3012(c) of such title; or
                            (vi) is a member of the Armed Forces who is 
                        not entitled to basic educational assistance 
                        under chapter 30 of title 38, United States 
                        Code, by reason of an election under section 
                        3011(c)(1) or 3012(d)(1) of such title; and
                    (B) as of the date of the individual's election 
                under this paragraph, meets the requirements for 
                entitlement to educational assistance under chapter 33 
                of title 38, United States Code (as so added).
            (2) Cessation of contributions toward gi bill.--Effective 
        as of the first month beginning on or after the date of an 
        election under paragraph (1) of an individual described by 
        subparagraph (A)(v) of that paragraph, the obligation of the 
        individual to make contributions under section 3011(b) or 
        3012(c) of title 38, United States Code, as applicable, shall 
        cease, and the requirements of such section shall be deemed to 
        be no longer applicable to the individual.
            (3) Revocation of remaining transferred entitlement.--
                    (A) Election to revoke.--If, on the date an 
                individual described in subparagraph (A)(i) or (A)(iii) 
                of paragraph (1) makes an election under that 
                paragraph, a transfer of the entitlement of the 
                individual to basic educational assistance under 
                section 3020 of title 38, United States Code, is in 
                effect and a number of months of the entitlement so 
                transferred remain unutilized, the individual may elect 
                to revoke all or a portion of the entitlement so 
                transferred that remains unutilized.
                    (B) Availability of revoked entitlement.--Any 
                entitlement revoked by an individual under this 
                paragraph shall no longer be available to the dependent 
                to whom transferred, but shall be available to the 
                individual instead for educational assistance under 
                chapter 33 of title 38, United States Code (as so 
                added), in accordance with the provisions of this 
                subsection.
                    (C) Availability of unrevoked entitlement.--Any 
                entitlement described in subparagraph (A) that is not 
                revoked by an individual in accordance with that 
                subparagraph shall remain available to the dependent or 
                dependents concerned in accordance with the current 
                transfer of such entitlement under section 3020 of 
                title 38, United States Code.
            (4) Post-9/11 educational assistance.--
                    (A) In general.--Subject to subparagraph (B) and 
                except as provided in paragraph (5), an individual 
                making an election under paragraph (1) shall be 
                entitled to educational assistance under chapter 33 of 
                title 38, United States Code (as so added), in 
                accordance with the provisions of such chapter, instead 
                of basic educational assistance under chapter 30 of 
                title 38, United States Code, or educational assistance 
                under chapter 107, 1606, or 1607 of title 10, United 
                States Code, as applicable.
                    (B) Limitation on entitlement for certain 
                individuals.--In the case of an individual making an 
                election under paragraph (1) who is described by 
                subparagraph (A)(i) of that paragraph, the number of 
                months of entitlement of the individual to educational 
                assistance under chapter 33 of title 38, United States 
                Code (as so added), shall be the number of months equal 
                to--
                            (i) the number of months of unused 
                        entitlement of the individual under chapter 30 
                        of title 38, United States Code, as of the date 
                        of the election, plus
                            (ii) the number of months, if any, of 
                        entitlement revoked by the individual under 
                        paragraph (3)(A).
            (5) Continuing entitlement to educational assistance not 
        available under 9/11 assistance program.--
                    (A) In general.--In the event educational 
                assistance to which an individual making an election 
                under paragraph (1) would be entitled under chapter 30 
                of title 38, United States Code, or chapter 107, 1606, 
                or 1607 of title 10, United States Code, as applicable, 
                is not authorized to be available to the individual 
                under the provisions of chapter 33 of title 38, United 
                States Code (as so added), the individual shall remain 
                entitled to such educational assistance in accordance 
                with the provisions of the applicable chapter.
                    (B) Charge for use of entitlement.--The utilization 
                by an individual of entitlement under subparagraph (A) 
                shall be chargeable against the entitlement of the 
                individual to educational assistance under chapter 33 
                of title 38, United States Code (as so added), at the 
                rate of one month of entitlement under such chapter 33 
                for each month of entitlement utilized by the 
                individual under subparagraph (A) (as determined as if 
                such entitlement were utilized under the provisions of 
                chapter 30 of title 38, United States Code, or chapter 
                107, 1606, or 1607 of title 10, United States Code, as 
                applicable).
            (6) Additional post-9/11 assistance for members having made 
        contributions toward gi bill.--
                    (A) Additional assistance.--In the case of an 
                individual making an election under paragraph (1) who 
                is described by clause (i), (iii), or (v) of 
                subparagraph (A) of that paragraph, the amount of 
                educational assistance payable to the individual under 
                chapter 33 of title 38, United States Code (as so 
                added), as a monthly stipend payable under paragraph 
                (1)(B) of section 3313(c) of such title (as so added), 
                or under paragraphs (2) through (7) of that section (as 
                applicable), shall be the amount otherwise payable as a 
                monthly stipend under the applicable paragraph 
                increased by the amount equal to--
                            (i) the total amount of contributions 
                        toward basic educational assistance made by the 
                        individual under section 3011(b) or 3012(c) of 
                        title 38, United States Code, as of the date of 
                        the election, multiplied by
                            (ii) the fraction--
                                    (I) the numerator of which is--
                                            (aa) the number of months 
                                        of entitlement to basic 
                                        educational assistance under 
                                        chapter 30 of title 38, United 
                                        States Code, remaining to the 
                                        individual at the time of the 
                                        election; plus
                                            (bb) the number of months, 
                                        if any, of entitlement under 
                                        such chapter 30 revoked by the 
                                        individual under paragraph 
                                        (3)(A); and
                                    (II) the denominator of which is 36 
                                months.
                    (B) Months of remaining entitlement for certain 
                individuals.--In the case of an individual covered by 
                subparagraph (A) who is described by paragraph 
                (1)(A)(v), the number of months of entitlement to basic 
                educational assistance remaining to the individual for 
                purposes of subparagraph (A)(ii)(I)(aa) shall be 36 
                months.
                    (C) Timing of payment.--The amount payable with 
                respect to an individual under subparagraph (A) shall 
                be paid to the individual together with the last 
                payment of the monthly stipend payable to the 
                individual under paragraph (1)(B) of section 3313(c) of 
                title 38, United States Code (as so added), or under 
                paragraphs (2) through (7) of that section (as 
                applicable), before the exhaustion of the individual's 
                entitlement to educational assistance under chapter 33 
                of such title (as so added).
            (7) Continuing entitlement to additional assistance for 
        critical skills or speciality and additional service.--An 
        individual making an election under paragraph (1)(A) who, at 
        the time of the election, is entitled to increased educational 
        assistance under section 3015(d) of title 38, United States 
        Code, or section 16131(i) of title 10, United States Code, or 
        supplemental educational assistance under subchapter III of 
        chapter 30 of title 38, United States Code, shall remain 
        entitled to such increased educational assistance or 
        supplemental educational assistance in the utilization of 
        entitlement to educational assistance under chapter 33 of title 
        38, United States Code (as so added), in an amount equal to the 
        quarter, semester, or term, as applicable, equivalent of the 
        monthly amount of such increased educational assistance or 
        supplemental educational assistance payable with respect to the 
        individual at the time of the election.
            (8) Irrevocability of elections.--An election under 
        paragraph (1) or (3)(A) is irrevocable.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect on August 1, 2009.

SEC. 4004. INCREASE IN AMOUNTS OF BASIC EDUCATIONAL ASSISTANCE UNDER 
              THE MONTGOMERY GI BILL.

    (a) Educational Assistance Based on Three-Year Period of Obligated 
Service.--Subsection (a)(1) of section 3015 of title 38, United States 
Code, is amended--
            (1) by striking subparagraphs (A) through (C) and inserting 
        the following new subparagraph:
            ``(A) for months occurring during the period beginning on 
        August 1, 2008, and ending on the last day of fiscal year 2009, 
        $1,321; and''; and
            (2) by redesignating subparagraph (D) as subparagraph (B).
    (b) Educational Assistance Based on Two-Year Period of Obligated 
Service.--Subsection (b)(1) of such section is amended--
            (1) by striking subparagraphs (A) through (C) and inserting 
        the following new subparagraph:
            ``(A) for months occurring during the period beginning on 
        August 1, 2008, and ending on the last day of fiscal year 2009, 
        $1,073; and''; and
            (2) by redesignating subparagraph (D) as subparagraph (B).
    (c) Modification of Mechanism for Cost-of-Living Adjustments.--
Subsection (h)(1) of such section is amended by striking subparagraphs 
(A) and (B) and inserting the following new subparagraphs:
            ``(A) the average cost of undergraduate tuition in the 
        United States, as determined by the National Center for 
        Education Statistics, for the last academic year preceding the 
        beginning of the fiscal year for which the increase is made, 
        exceeds
            ``(B) the average cost of undergraduate tuition in the 
        United States, as so determined, for the academic year 
        preceding the academic year described in subparagraph (A).''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on August 1, 2008.
            (2) No cost-of-living adjustment for fiscal year 2009.--The 
        adjustment required by subsection (h) of section 3015 of title 
        38, United States Code (as amended by this section), in rates 
        of basic educational assistance payable under subsections (a) 
        and (b) of such section (as so amended) shall not be made for 
        fiscal year 2009.

SEC. 4005. MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSEMENT OF STATE 
              AND LOCAL AGENCIES ADMINISTERING VETERANS EDUCATION 
              BENEFITS.

    Section 3674(a)(4) of title 38, United States Code, is amended by 
striking ``may not exceed'' and all that follows through the end and 
inserting ``shall be $19,000,000.''.

              TITLE V--EMERGENCY UNEMPLOYMENT COMPENSATION

                        federal-state agreements

    Sec. 5001.  (a) In General.--Any State which desires to do so may 
enter into and participate in an agreement under this title with the 
Secretary of Labor (in this title referred to as the ``Secretary''). 
Any State which is a party to an agreement under this title may, upon 
providing 30 days written notice to the Secretary, terminate such 
agreement.
    (b) Provisions of Agreement.--Any agreement under subsection (a) 
shall provide that the State agency of the State will make payments of 
emergency unemployment compensation to individuals who--
            (1) have exhausted all rights to regular compensation under 
        the State law or under Federal law with respect to a benefit 
        year (excluding any benefit year that ended before May 1, 
        2007);
            (2) have no rights to regular compensation or extended 
        compensation with respect to a week under such law or any other 
        State unemployment compensation law or to compensation under 
        any other Federal law (except as provided under subsection 
        (e)); and
            (3) are not receiving compensation with respect to such 
        week under the unemployment compensation law of Canada.
    (c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an 
individual shall be deemed to have exhausted such individual's rights 
to regular compensation under a State law when--
            (1) no payments of regular compensation can be made under 
        such law because such individual has received all regular 
        compensation available to such individual based on employment 
        or wages during such individual's base period; or
            (2) such individual's rights to such compensation have been 
        terminated by reason of the expiration of the benefit year with 
        respect to which such rights existed.
    (d) Weekly Benefit Amount, Etc.--For purposes of any agreement 
under this title--
            (1) the amount of emergency unemployment compensation which 
        shall be payable to any individual for any week of total 
        unemployment shall be equal to the amount of the regular 
        compensation (including dependents' allowances) payable to such 
        individual during such individual's benefit year under the 
        State law for a week of total unemployment;
            (2) the terms and conditions of the State law which apply 
        to claims for regular compensation and to the payment thereof 
        shall apply to claims for emergency unemployment compensation 
        and the payment thereof, except where otherwise inconsistent 
        with the provisions of this title or with the regulations or 
        operating instructions of the Secretary promulgated to carry 
        out this title; and
            (3) the maximum amount of emergency unemployment 
        compensation payable to any individual for whom an emergency 
        unemployment compensation account is established under section 
        5002 shall not exceed the amount established in such account 
        for such individual.
    (e) Election by States.--Notwithstanding any other provision of 
Federal law (and if State law permits), the Governor of a State that is 
in an extended benefit period may provide for the payment of emergency 
unemployment compensation prior to extended compensation to individuals 
who otherwise meet the requirements of this section.

              emergency unemployment compensation account

    Sec. 5002.  (a) In General.--Any agreement under this title shall 
provide that the State will establish, for each eligible individual who 
files an application for emergency unemployment compensation, an 
emergency unemployment compensation account with respect to such 
individual's benefit year.
    (b) Amount in Account.--
            (1) In general.--The amount established in an account under 
        subsection (a) shall be equal to the lesser of--
                    (A) 50 percent of the total amount of regular 
                compensation (including dependents' allowances) payable 
                to the individual during the individual's benefit year 
                under such law, or
                    (B) 13 times the individual's average weekly 
                benefit amount for the benefit year.
            (2) Weekly benefit amount.--For purposes of this 
        subsection, an individual's weekly benefit amount for any week 
        is the amount of regular compensation (including dependents' 
        allowances) under the State law payable to such individual for 
        such week for total unemployment.
    (c) Special Rule.--
            (1) In general.--Notwithstanding any other provision of 
        this section, if, at the time that the individual's account is 
        exhausted or at any time thereafter, such individual's State is 
        in an extended benefit period (as determined under paragraph 
        (2)), then, such account shall be augmented by an amount equal 
        to the amount originally established in such account (as 
        determined under subsection (b)(1)).
            (2) Extended benefit period.--For purposes of paragraph 
        (1), a State shall be considered to be in an extended benefit 
        period, as of any given time, if--
                    (A) such a period is then in effect for such State 
                under the Federal-State Extended Unemployment 
                Compensation Act of 1970;
                    (B) such a period would then be in effect for such 
                State under such Act if section 203(d) of such Act--
                            (i) were applied by substituting ``4'' for 
                        ``5'' each place it appears; and
                            (ii) did not include the requirement under 
                        paragraph (1)(A); or
                    (C) such a period would then be in effect for such 
                State under such Act if--
                            (i) section 203(f) of such Act were applied 
                        to such State (regardless of whether the State 
                        by law had provided for such application); and
                            (ii) such section 203(f)--
                                    (I) were applied by substituting 
                                ``6.0'' for ``6.5'' in paragraph 
                                (1)(A)(i); and
                                    (II) did not include the 
                                requirement under paragraph (1)(A)(ii).

   payments to states having agreements for the payment of emergency 
                       unemployment compensation

    Sec. 5003.  (a) General Rule.--There shall be paid to each State 
that has entered into an agreement under this title an amount equal to 
100 percent of the emergency unemployment compensation paid to 
individuals by the State pursuant to such agreement.
    (b) Treatment of Reimbursable Compensation.--No payment shall be 
made to any State under this section in respect of any compensation to 
the extent the State is entitled to reimbursement in respect of such 
compensation under the provisions of any Federal law other than this 
title or chapter 85 of title 5, United States Code. A State shall not 
be entitled to any reimbursement under such chapter 85 in respect of 
any compensation to the extent the State is entitled to reimbursement 
under this title in respect of such compensation.
    (c) Determination of Amount.--Sums payable to any State by reason 
of such State having an agreement under this title shall be payable, 
either in advance or by way of reimbursement (as may be determined by 
the Secretary), in such amounts as the Secretary estimates the State 
will be entitled to receive under this title for each calendar month, 
reduced or increased, as the case may be, by any amount by which the 
Secretary finds that the Secretary's estimates for any prior calendar 
month were greater or less than the amounts which should have been paid 
to the State. Such estimates may be made on the basis of such 
statistical, sampling, or other method as may be agreed upon by the 
Secretary and the State agency of the State involved.

                          financing provisions

    Sec. 5004.  (a) In General.--Funds in the extended unemployment 
compensation account (as established by section 905(a) of the Social 
Security Act (42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as 
established by section 904(a) of such Act (42 U.S.C. 1104(a)) shall be 
used for the making of payments to States having agreements entered 
into under this title.
    (b) Certification.--The Secretary shall from time to time certify 
to the Secretary of the Treasury for payment to each State the sums 
payable to such State under this title. The Secretary of the Treasury, 
prior to audit or settlement by the Government Accountability Office, 
shall make payments to the State in accordance with such certification, 
by transfers from the extended unemployment compensation account (as so 
established) to the account of such State in the Unemployment Trust 
Fund (as so established).
    (c) Assistance to States.--There are appropriated out of the 
employment security administration account (as established by section 
901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the 
Unemployment Trust Fund, without fiscal year limitation, such funds as 
may be necessary for purposes of assisting States (as provided in title 
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 
costs of administration of agreements under this title.
    (d) Appropriations for Certain Payments.--There are appropriated 
from the general fund of the Treasury, without fiscal year limitation, 
to the extended unemployment compensation account (as so established) 
of the Unemployment Trust Fund (as so established) such sums as the 
Secretary estimates to be necessary to make the payments under this 
section in respect of--
            (1) compensation payable under chapter 85 of title 5, 
        United States Code; and
            (2) compensation payable on the basis of services to which 
        section 3309(a)(1) of the Internal Revenue Code of 1986 
        applies.
Amounts appropriated pursuant to the preceding sentence shall not be 
required to be repaid.

                         fraud and overpayments

    Sec. 5005.  (a) In General.--If an individual knowingly has made, 
or caused to be made by another, a false statement or representation of 
a material fact, or knowingly has failed, or caused another to fail, to 
disclose a material fact, and as a result of such false statement or 
representation or of such nondisclosure such individual has received an 
amount of emergency unemployment compensation under this title to which 
such individual was not entitled, such individual--
            (1) shall be ineligible for further emergency unemployment 
        compensation under this title in accordance with the provisions 
        of the applicable State unemployment compensation law relating 
        to fraud in connection with a claim for unemployment 
        compensation; and
            (2) shall be subject to prosecution under section 1001 of 
        title 18, United States Code.
    (b) Repayment.--In the case of individuals who have received 
amounts of emergency unemployment compensation under this title to 
which they were not entitled, the State shall require such individuals 
to repay the amounts of such emergency unemployment compensation to the 
State agency, except that the State agency may waive such repayment if 
it determines that--
            (1) the payment of such emergency unemployment compensation 
        was without fault on the part of any such individual; and
            (2) such repayment would be contrary to equity and good 
        conscience.
    (c) Recovery by State Agency.--
            (1) In general.--The State agency may recover the amount to 
        be repaid, or any part thereof, by deductions from any 
        emergency unemployment compensation payable to such individual 
        under this title or from any unemployment compensation payable 
        to such individual under any State or Federal unemployment 
        compensation law administered by the State agency or under any 
        other State or Federal law administered by the State agency 
        which provides for the payment of any assistance or allowance 
        with respect to any week of unemployment, during the 3-year 
        period after the date such individuals received the payment of 
        the emergency unemployment compensation to which they were not 
        entitled, except that no single deduction may exceed 50 percent 
        of the weekly benefit amount from which such deduction is made.
            (2) Opportunity for hearing.--No repayment shall be 
        required, and no deduction shall be made, until a determination 
        has been made, notice thereof and an opportunity for a fair 
        hearing has been given to the individual, and the determination 
        has become final.
    (d) Review.--Any determination by a State agency under this section 
shall be subject to review in the same manner and to the same extent as 
determinations under the State unemployment compensation law, and only 
in that manner and to that extent.

                              definitions

    Sec. 5006.  In this title, the terms ``compensation'', ``regular 
compensation'', ``extended compensation'', ``benefit year'', ``base 
period'', ``State'', ``State agency'', ``State law'', and ``week'' have 
the respective meanings given such terms under section 205 of the 
Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
3304 note).

                             applicability

    Sec. 5007.  (a) In General.--Except as provided in subsection (b), 
an agreement entered into under this title shall apply to weeks of 
unemployment--
            (1) beginning after the date on which such agreement is 
        entered into; and
            (2) ending on or before March 31, 2009.
    (b) Transition for Amount Remaining in Account.--
            (1) In general.--Subject to paragraphs (2) and (3), in the 
        case of an individual who has amounts remaining in an account 
        established under section 5002 as of the last day of the last 
        week (as determined in accordance with the applicable State 
        law) ending on or before March 31, 2009, emergency unemployment 
        compensation shall continue to be payable to such individual 
        from such amounts for any week beginning after such last day 
        for which the individual meets the eligibility requirements of 
        this title.
            (2) Limit on augmentation.--If the account of an individual 
        is exhausted after the last day of such last week (as so 
        determined), then section 5002(c) shall not apply and such 
        account shall not be augmented under such section, regardless 
        of whether such individual's State is in an extended benefit 
        period (as determined under paragraph (2) of such section).
            (3) Limit on compensation.--No compensation shall be 
        payable by reason of paragraph (1) for any week beginning after 
        June 30, 2009.

                     TITLE VI--OTHER HEALTH MATTERS

    Sec. 6001. (a) Moratoria on Certain Medicaid Regulations.--
            (1) Extension of certain moratoria in public law 110-28.--
        Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' Care, 
        Katrina Recovery, and Iraq Accountability Appropriations Act, 
        2007 (Public Law 110-28) is amended--
                    (A) by striking ``prior to the date that is 1 year 
                after the date of enactment of this Act'' and inserting 
                ``prior to April 1, 2009'';
                    (B) in subparagraph (A), by inserting after 
                ``Federal Regulations)'' the following: ``or in the 
                final regulation, relating to such parts, published on 
                May 29, 2007 (72 Federal Register 29748)''; and
                    (C) in subparagraph (C), by inserting before the 
                period at the end the following: ``, including the 
                proposed regulation published on May 23, 2007 (72 
                Federal Register 28930)''.
            (2) Extension of certain moratoria in public law 110-173.--
        Section 206 of the Medicare, Medicaid, and SCHIP Extension Act 
        of 2007 (Public Law 110-173) is amended--
                    (A) by striking ``June 30, 2008'' and inserting 
                ``April 1, 2009'';
                    (B) by inserting ``, including the proposed 
                regulation published on August 13, 2007 (72 Federal 
                Register 45201),'' after ``rehabilitation services''; 
                and
                    (C) by inserting ``, including the final regulation 
                published on December 28, 2007 (72 Federal Register 
                73635),'' after ``school-based transportation''.
            (3) Moratorium on interim final medicaid regulation 
        relating to optional case management and targeted case 
        management services.--Notwithstanding any other provision of 
        law, the Secretary of Health and Human Services shall not, 
        prior to April 1, 2009, finalize, implement, enforce, or 
        otherwise take any action (through promulgation of regulation, 
        issuance of regulatory guidance, use of Federal payment audit 
        procedures, or other administrative action, policy, or 
        practice, including a Medical Assistance Manual transmittal or 
        letter to State Medicaid directors) to impose any restrictions 
        relating to the interim final regulation relating to optional 
        State plan case management services and targeted case 
        management services under the Medicaid program published on 
        December 4, 2007 (72 Federal Register 68077) in its entirety.
            (4) Additional moratoria.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the Secretary of Health and Human 
                Services shall not, prior to April 1, 2009, take any 
                action (through promulgation of regulation, issuance of 
                regulatory guidance, use of Federal payment audit 
                procedures, or other administrative action, policy, or 
                practice, including a Medical Assistance Manual 
                transmittal or letter to State Medicaid directors) to 
                impose any restrictions relating to a provision 
                described in subparagraph (B) or (C) if such 
                restrictions are more restrictive in any aspect than 
                those applied to the respective provision as of the 
                date specified in subparagraph (D) for such provision.
                    (B) Proposed regulation relating to redefinition of 
                medicaid outpatient hospital services.--The provision 
                described in this subparagraph is the proposed 
                regulation relating to clarification of outpatient 
                clinic and hospital facility services definition and 
                upper payment limit under the Medicaid program 
                published on September 28, 2007 (72 Federal Register 
                55158) in its entirety.
                    (C) Portion of proposed regulation relating to 
                medicaid allowable provider taxes.--
                            (i) In general.--Subject to clause (ii), 
                        the provision described in this subparagraph is 
                        the final regulation relating to health-care-
                        related taxes under the Medicaid program 
                        published on February 22, 2008 (73 Federal 
                        Register 9685) in its entirety.
                            (ii) Exception.--The provision described in 
                        this subparagraph does not include the portions 
                        of such regulation as relate to the following:
                                    (I) Reduction in threshold.--The 
                                reduction from 6 percent to 5.5 percent 
                                in the threshold applied under section 
                                433.68(f)(3)(i) of title 42, Code of 
                                Federal Regulations, for determining 
                                whether or not there is an indirect 
                                guarantee to hold a taxpayer harmless, 
                                as required to carry out section 
                                1903(w)(4)(C)(ii) of the Social 
                                Security Act, as added by section 403 
                                of the Medicare Improvement and 
                                Extension Act of 2006 (division B of 
                                Public Law 109-432).
                                    (II) Change in definition of 
                                managed care.--The change in the 
                                definition of managed care as proposed 
                                in the revision of section 433.56(a)(8) 
                                of title 42, Code of Federal 
                                Regulations, as required to carry out 
                                section 1903(w)(7)(A)(viii) of the 
                                Social Security Act, as amended by 
                                section 6051 of the Deficit Reduction 
                                Act of 2005 (Public Law 109-171).
                    (D) Date specified.--The date specified in this 
                subparagraph for the provision described in--
                            (i) subparagraph (B) is September 27, 2007; 
                        or
                            (ii) subparagraph (C) is February 21, 2008.
    (b) Restoration of Access to Nominal Drug Pricing for Certain 
Clinics and Health Centers.--
            (1) In general.--Section 1927(c)(1)(D) of the Social 
        Security Act (42 U.S.C. Sec. 1396r-8(c)(1)(D)), as added by 
        section 6001(d)(2) of the Deficit Reduction Act of 2005 (Public 
        Law 109-171), is amended--
                    (A) in clause (i)--
                            (i) by redesignating subclause (IV) as 
                        subclause (VI); and
                            (ii) by inserting after subclause (III) the 
                        following:
                                    ``(IV) An entity that--
                                            ``(aa) is described in 
                                        section 501(c)(3) of the 
                                        Internal Revenue Code of 1986 
                                        and exempt from tax under 
                                        section 501(a) of such Act or 
                                        is State-owned or operated; and
                                            ``(bb) would be a covered 
                                        entity described in section 
                                        340(B)(a)(4) of the Public 
                                        Health Service Act insofar as 
                                        the entity provides the same 
                                        type of services to the same 
                                        type of populations as a 
                                        covered entity described in 
                                        such section provides, but does 
                                        not receive funding under a 
                                        provision of law referred to in 
                                        such section.
                                    ``(V) A public or nonprofit entity, 
                                or an entity based at an institution of 
                                higher learning whose primary purpose 
                                is to provide health care services to 
                                students of that institution, that 
                                provides a service or services 
                                described under section 1001(a) of the 
                                Public Health Service Act.''; and
                    (B) by adding at the end the following new clause:
                            ``(iv) Rule of construction.--Nothing in 
                        this subparagraph shall be construed to alter 
                        any existing statutory or regulatory 
                        prohibition on services with respect to an 
                        entity described in subclause (IV) or (V) of 
                        clause (i), including the prohibition set forth 
                        in section 1008 of the Public Health Service 
                        Act.''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect as if included in the amendment made by 
        section 6001(d)(2) of the Deficit Reduction Act of 2005.
    (c) Asset Verification Through Access to Information Held by 
Financial Institutions.--
            (1) Addition of authority.--Title XIX of the Social 
        Security Act is amended by inserting after section 1939 the 
        following new section:

 ``asset verification through access to information held by financial 
                              institutions

    ``Sec. 1940.  (a) Implementation.--
            ``(1) In general.--Subject to the provisions of this 
        section, each State shall implement an asset verification 
        program described in subsection (b), for purposes of 
        determining or redetermining the eligibility of an individual 
        for medical assistance under the State plan under this title.
            ``(2) Plan submittal.--In order to meet the requirement of 
        paragraph (1), each State shall--
                    ``(A) submit not later than a deadline specified by 
                the Secretary consistent with paragraph (3), a State 
                plan amendment under this title that describes how the 
                State intends to implement the asset verification 
                program; and
                    ``(B) provide for implementation of such program 
                for eligibility determinations and redeterminations 
                made on or after 6 months after the deadline 
                established for submittal of such plan amendment.
            ``(3) Phase-in.--
                    ``(A) In general.--
                            ``(i) Implementation in current asset 
                        verification demo states.--The Secretary shall 
                        require those States specified in subparagraph 
                        (C) (to which an asset verification program has 
                        been applied before the date of the enactment 
                        of this section) to implement an asset 
                        verification program under this subsection by 
                        the end of fiscal year 2009.
                            ``(ii) Implementation in other states.--The 
                        Secretary shall require other States to submit 
                        and implement an asset verification program 
                        under this subsection in such manner as is 
                        designed to result in the application of such 
                        programs, in the aggregate for all such other 
                        States, to enrollment of approximately, but not 
                        less than, the following percentage of 
                        enrollees, in the aggregate for all such other 
                        States, by the end of the fiscal year involved:
                                    ``(I) 12.5 percent by the end of 
                                fiscal year 2009.
                                    ``(II) 25 percent by the end of 
                                fiscal year 2010.
                                    ``(III) 50 percent by the end of 
                                fiscal year 2011.
                                    ``(IV) 75 percent by the end of 
                                fiscal year 2012.
                                    ``(V) 100 percent by the end of 
                                fiscal year 2013.
                    ``(B) Consideration.--In selecting States under 
                subparagraph (A)(ii), the Secretary shall consult with 
                the States involved and take into account the 
                feasibility of implementing asset verification programs 
                in each such State.
                    ``(C) States specified.--The States specified in 
                this subparagraph are California, New York, and New 
                Jersey.
                    ``(D) Construction.--Nothing in subparagraph 
                (A)(ii) shall be construed as preventing a State from 
                requesting, and the Secretary approving, the 
                implementation of an asset verification program in 
                advance of the deadline otherwise established under 
                such subparagraph.
            ``(4) Exemption of territories.--This section shall only 
        apply to the 50 States and the District of Columbia.
    ``(b) Asset Verification Program.--
            ``(1) In general.--For purposes of this section, an asset 
        verification program means a program described in paragraph (2) 
        under which a State--
                    ``(A) requires each applicant for, or recipient of, 
                medical assistance under the State plan under this 
                title on the basis of being aged, blind, or disabled to 
                provide authorization by such applicant or recipient 
                (and any other person whose resources are required by 
                law to be disclosed to determine the eligibility of the 
                applicant or recipient for such assistance) for the 
                State to obtain (subject to the cost reimbursement 
                requirements of section 1115(a) of the Right to 
                Financial Privacy Act of 1978 but at no cost to the 
                applicant or recipient) from any financial institution 
                (within the meaning of section 1101(1) of such Act) any 
                financial record (within the meaning of section 1101(2) 
                of such Act) held by the institution with respect to 
                the applicant or recipient (and such other person, as 
                applicable), whenever the State determines the record 
                is needed in connection with a determination with 
                respect to such eligibility for (or the amount or 
                extent of) such medical assistance; and
                    ``(B) uses the authorization provided under 
                subparagraph (A) to verify the financial resources of 
                such applicant or recipient (and such other person, as 
                applicable), in order to determine or redetermine the 
                eligibility of such applicant or recipient for medical 
                assistance under the State plan.
            ``(2) Program described.--A program described in this 
        paragraph is a program for verifying individual assets in a 
        manner consistent with the approach used by the Commissioner of 
        Social Security under section 1631(e)(1)(B)(ii).
    ``(c) Duration of Authorization.--Notwithstanding section 
1104(a)(1) of the Right to Financial Privacy Act of 1978, an 
authorization provided to a State under subsection (b)(1)(A) shall 
remain effective until the earliest of--
            ``(1) the rendering of a final adverse decision on the 
        applicant's application for medical assistance under the 
        State's plan under this title;
            ``(2) the cessation of the recipient's eligibility for such 
        medical assistance; or
            ``(3) the express revocation by the applicant or recipient 
        (or such other person described in subsection (b)(1)(A), as 
        applicable) of the authorization, in a written notification to 
        the State.
    ``(d) Treatment of Right to Financial Privacy Act Requirements.--
            ``(1) An authorization obtained by the State under 
        subsection (b)(1) shall be considered to meet the requirements 
        of the Right to Financial Privacy Act of 1978 for purposes of 
        section 1103(a) of such Act, and need not be furnished to the 
        financial institution, notwithstanding section 1104(a) of such 
        Act.
            ``(2) The certification requirements of section 1103(b) of 
        the Right to Financial Privacy Act of 1978 shall not apply to 
        requests by the State pursuant to an authorization provided 
        under subsection (b)(1).
            ``(3) A request by the State pursuant to an authorization 
        provided under subsection (b)(1) is deemed to meet the 
        requirements of section 1104(a)(3) of the Right to Financial 
        Privacy Act of 1978 and of section 1102 of such Act, relating 
        to a reasonable description of financial records.
    ``(e) Required Disclosure.--The State shall inform any person who 
provides authorization pursuant to subsection (b)(1)(A) of the duration 
and scope of the authorization.
    ``(f) Refusal or Revocation of Authorization.--If an applicant for, 
or recipient of, medical assistance under the State plan under this 
title (or such other person described in subsection (b)(1)(A), as 
applicable) refuses to provide, or revokes, any authorization made by 
the applicant or recipient (or such other person, as applicable) under 
subsection (b)(1)(A) for the State to obtain from any financial 
institution any financial record, the State may, on that basis, 
determine that the applicant or recipient is ineligible for medical 
assistance.
    ``(g) Use of Contractor.--For purposes of implementing an asset 
verification program under this section, a State may select and enter 
into a contract with a public or private entity meeting such criteria 
and qualifications as the State determines appropriate, consistent with 
requirements in regulations relating to general contracting provisions 
and with section 1903(i)(2). In carrying out activities under such 
contract, such an entity shall be subject to the same requirements and 
limitations on use and disclosure of information as would apply if the 
State were to carry out such activities directly.
    ``(h) Technical Assistance.--The Secretary shall provide States 
with technical assistance to aid in implementation of an asset 
verification program under this section.
    ``(i) Reports.--A State implementing an asset verification program 
under this section shall furnish to the Secretary such reports 
concerning the program, at such times, in such format, and containing 
such information as the Secretary determines appropriate.
    ``(j) Treatment of Program Expenses.--Notwithstanding any other 
provision of law, reasonable expenses of States in carrying out the 
program under this section shall be treated, for purposes of section 
1903(a), in the same manner as State expenditures specified in 
paragraph (7) of such section.''.
            (2) State plan requirements.--Section 1902(a) of such Act 
        (42 U.S.C. 1396a(a)) is amended--
                    (A) in paragraph (69) by striking ``and'' at the 
                end;
                    (B) in paragraph (70) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by inserting after paragraph (70), as so 
                amended, the following new paragraph:
            ``(71) provide that the State will implement an asset 
        verification program as required under section 1940.''.
            (3) Withholding of federal matching payments for 
        noncompliant states.--Section 1903(i) of such Act (42 U.S.C. 
        1396b(i)) is amended--
                    (A) in paragraph (22) by striking ``or'' at the 
                end;
                    (B) in paragraph (23) by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding after paragraph (23) the following 
                new paragraph:
            ``(24) if a State is required to implement an asset 
        verification program under section 1940 and fails to implement 
        such program in accordance with such section, with respect to 
        amounts expended by such State for medical assistance for 
        individuals subject to asset verification under such section, 
        unless--
                    ``(A) the State demonstrates to the Secretary's 
                satisfaction that the State made a good faith effort to 
                comply;
                    ``(B) not later than 60 days after the date of a 
                finding that the State is in noncompliance, the State 
                submits to the Secretary (and the Secretary approves) a 
                corrective action plan to remedy such noncompliance; 
                and
                    ``(C) not later than 12 months after the date of 
                such submission (and approval), the State fulfills the 
                terms of such corrective action plan.''.
            (4) Repeal.--Section 4 of Public Law 110-90 is repealed.
    Sec. 6002. Limitation on Medicare Exception to the Prohibition on 
Certain Physician Referrals for Hospitals.--
    (a) In General.--Section 1877 of the Social Security Act (42 U.S.C. 
1395nn) is amended--
            (1) in subsection (d)(2)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) in the case where the entity is a hospital, 
                the hospital meets the requirements of paragraph 
                (3)(D).'';
            (2) in subsection (d)(3)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) the hospital meets the requirements described 
                in subsection (i)(1) not later than 18 months after the 
                date of the enactment of this subparagraph.''; and
            (3) by adding at the end the following new subsection:
    ``(i) Requirements for Hospitals To Qualify for Hospital Exception 
to Ownership or Investment Prohibition.--
            ``(1) Requirements described.--For purposes of subsection 
        (d)(3)(D), the requirements described in this paragraph for a 
        hospital are as follows:
                    ``(A) Provider agreement.--The hospital had--
                            ``(i) physician ownership on September 1, 
                        2008; and
                            ``(ii) a provider agreement under section 
                        1866 in effect on such date.
                    ``(B) Limitation on expansion of facility 
                capacity.--Except as provided in paragraph (3), the 
                number of operating rooms, procedure rooms, and beds of 
                the hospital at any time on or after the date of the 
                enactment of this subsection are no greater than the 
                number of operating rooms, procedure rooms, and beds as 
                of such date.
                    ``(C) Preventing conflicts of interest.--
                            ``(i) The hospital submits to the Secretary 
                        an annual report containing a detailed 
                        description of--
                                    ``(I) the identity of each 
                                physician owner and any other owners of 
                                the hospital; and
                                    ``(II) the nature and extent of all 
                                ownership interests in the hospital.
                            ``(ii) The hospital has procedures in place 
                        to require that any referring physician owner 
                        discloses to the patient being referred, by a 
                        time that permits the patient to make a 
                        meaningful decision regarding the receipt of 
                        care, as determined by the Secretary--
                                    ``(I) the ownership interest of 
                                such referring physician in the 
                                hospital; and
                                    ``(II) if applicable, any such 
                                ownership interest of the treating 
                                physician.
                            ``(iii) The hospital does not condition any 
                        physician ownership interests either directly 
                        or indirectly on the physician owner making or 
                        influencing referrals to the hospital or 
                        otherwise generating business for the hospital.
                            ``(iv) The hospital discloses the fact that 
                        the hospital is partially owned by physicians--
                                    ``(I) on any public website for the 
                                hospital; and
                                    ``(II) in any public advertising 
                                for the hospital.
                    ``(D) Ensuring bona fide investment.--
                            ``(i) Physician owners in the aggregate do 
                        not own more than the greater of--
                                    ``(I) 40 percent of the total value 
                                of the investment interests held in the 
                                hospital or in an entity whose assets 
                                include the hospital; or
                                    ``(II) the percentage of such total 
                                value determined on the date of 
                                enactment of this subsection.
                            ``(ii) Any ownership or investment 
                        interests that the hospital offers to a 
                        physician owner are not offered on more 
                        favorable terms than the terms offered to a 
                        person who is not a physician owner.
                            ``(iii) The hospital (or any investors in 
                        the hospital) does not directly or indirectly 
                        provide loans or financing for any physician 
                        owner investments in the hospital.
                            ``(iv) The hospital (or any investors in 
                        the hospital) does not directly or indirectly 
                        guarantee a loan, make a payment toward a loan, 
                        or otherwise subsidize a loan, for any 
                        individual physician owner or group of 
                        physician owners that is related to acquiring 
                        any ownership interest in the hospital.
                            ``(v) Investment returns are distributed to 
                        each investor in the hospital in an amount that 
                        is directly proportional to the ownership 
                        interest of such investor in the hospital.
                            ``(vi) Physician owners do not receive, 
                        directly or indirectly, any guaranteed receipt 
                        of or right to purchase other business 
                        interests related to the hospital, including 
                        the purchase or lease of any property under the 
                        control of other investors in the hospital or 
                        located near the premises of the hospital.
                            ``(vii) The hospital does not offer a 
                        physician owner the opportunity to purchase or 
                        lease any property under the control of the 
                        hospital or any other investor in the hospital 
                        on more favorable terms than the terms offered 
                        to an individual who is not a physician owner.
                    ``(E) Patient safety.--
                            ``(i) Insofar as the hospital admits a 
                        patient and does not have any physician 
                        available on the premises to provide services 
                        during all hours in which the hospital is 
                        providing services to such patient, before 
                        admitting the patient--
                                    ``(I) the hospital discloses such 
                                fact to a patient; and
                                    ``(II) following such disclosure, 
                                the hospital receives from the patient 
                                a signed acknowledgment that the 
                                patient understands such fact.
                            ``(ii) The hospital has the capacity to--
                                    ``(I) provide assessment and 
                                initial treatment for patients; and
                                    ``(II) refer and transfer patients 
                                to hospitals with the capability to 
                                treat the needs of the patient 
                                involved.
                    ``(F) Limitation on application to certain 
                converted facilities.--The hospital was not converted 
                from an ambulatory surgical center to a hospital on or 
                after the date of enactment of this subsection.
            ``(2) Publication of information reported.--The Secretary 
        shall publish, and update on an annual basis, the information 
        submitted by hospitals under paragraph (1)(C)(i) on the public 
        Internet website of the Centers for Medicare & Medicaid 
        Services.
            ``(3) Exception to prohibition on expansion of facility 
        capacity.--
                    ``(A) Process.--
                            ``(i) Establishment.--The Secretary shall 
                        establish and implement a process under which 
                        an applicable hospital (as defined in 
                        subparagraph (E)) may apply for an exception 
                        from the requirement under paragraph (1)(B).
                            ``(ii) Opportunity for community input.--
                        The process under clause (i) shall provide 
                        individuals and entities in the community that 
                        the applicable hospital applying for an 
                        exception is located with the opportunity to 
                        provide input with respect to the application.
                            ``(iii) Timing for implementation.--The 
                        Secretary shall implement the process under 
                        clause (i) on November 1, 2009.
                            ``(iv) Regulations.--Not later than 
                        November 1, 2009, the Secretary shall 
                        promulgate regulations to carry out the process 
                        under clause (i).
                    ``(B) Frequency.--The process described in 
                subparagraph (A) shall permit an applicable hospital to 
                apply for an exception up to once every 2 years.
                    ``(C) Permitted increase.--
                            ``(i) In general.--Subject to clause (ii) 
                        and subparagraph (D), an applicable hospital 
                        granted an exception under the process 
                        described in subparagraph (A) may increase the 
                        number of operating rooms, procedure rooms, and 
                        beds of the applicable hospital above the 
                        baseline number of operating rooms, procedure 
                        rooms, and beds of the applicable hospital (or, 
                        if the applicable hospital has been granted a 
                        previous exception under this paragraph, above 
                        the number of operating rooms, procedure rooms, 
                        and beds of the hospital after the application 
                        of the most recent increase under such an 
                        exception).
                            ``(ii) Lifetime 100 percent increase 
                        limitation.--The Secretary shall not permit an 
                        increase in the number of operating rooms, 
                        procedure rooms, and beds of an applicable 
                        hospital under clause (i) to the extent such 
                        increase would result in the number of 
                        operating rooms, procedure rooms, and beds of 
                        the applicable hospital exceeding 200 percent 
                        of the baseline number of operating rooms, 
                        procedure rooms, and beds of the applicable 
                        hospital.
                            ``(iii) Baseline number of operating rooms, 
                        procedure rooms, and beds.--In this paragraph, 
                        the term `baseline number of operating rooms, 
                        procedure rooms, and beds' means the number of 
                        operating rooms, procedure rooms, and beds of 
                        the applicable hospital as of the date of 
                        enactment of this subsection.
                    ``(D) Increase limited to facilities on the main 
                campus of the hospital.--Any increase in the number of 
                operating rooms, procedure rooms, and beds of an 
                applicable hospital pursuant to this paragraph may only 
                occur in facilities on the main campus of the 
                applicable hospital.
                    ``(E) Applicable hospital.--In this paragraph, the 
                term ``applicable hospital'' means a hospital--
                            ``(i) that is located in a county in which 
                        the percentage increase in the population 
                        during the most recent 5-year period (as of the 
                        date of the application under subparagraph (A)) 
                        is at least 150 percent of the percentage 
                        increase in the population growth of the State 
                        in which the hospital is located during that 
                        period, as estimated by Bureau of the Census;
                            ``(ii) whose annual percent of total 
                        inpatient admissions that represent inpatient 
                        admissions under the program under title XIX is 
                        equal to or greater than the average percent 
                        with respect to such admissions for all 
                        hospitals located in the county in which the 
                        hospital is located;
                            ``(iii) that does not discriminate against 
                        beneficiaries of Federal health care programs 
                        and does not permit physicians practicing at 
                        the hospital to discriminate against such 
                        beneficiaries;
                            ``(iv) that is located in a State in which 
                        the average bed capacity in the State is less 
                        than the national average bed capacity; and
                            ``(v) that has an average bed occupancy 
                        rate that is greater than the average bed 
                        occupancy rate in the State in which the 
                        hospital is located.
                    ``(F) Procedure rooms.--In this subsection, the 
                term `procedure rooms' includes rooms in which 
                catheterizations, angiographies, angiograms, and 
                endoscopies are performed, except such term shall not 
                include emergency rooms or departments (exclusive of 
                rooms in which catheterizations, angiographies, 
                angiograms, and endoscopies are performed).
                    ``(G) Publication of final decisions.--Not later 
                than 60 days after receiving a complete application 
                under this paragraph, the Secretary shall publish in 
                the Federal Register the final decision with respect to 
                such application.
                    ``(H) Limitation on review.--There shall be no 
                administrative or judicial review under section 1869, 
                section 1878, or otherwise of the process under this 
                paragraph (including the establishment of such 
                process).
            ``(4) Collection of ownership and investment information.--
        For purposes of subparagraphs (A)(i) and (D)(i) of paragraph 
        (1), the Secretary shall collect physician ownership and 
        investment information for each hospital.
            ``(5) Physician owner defined.--For purposes of this 
        subsection, the term `physician owner' means a physician (or an 
        immediate family member of such physician) with a direct or an 
        indirect ownership interest in the hospital.''.
    (b) Enforcement.--
            (1) Ensuring compliance.--The Secretary of Health and Human 
        Services shall establish policies and procedures to ensure 
        compliance with the requirements described in subsection (i)(1) 
        of section 1877 of the Social Security Act, as added by 
        subsection (a)(3), beginning on the date such requirements 
        first apply. Such policies and procedures may include 
        unannounced site reviews of hospitals.
            (2) Audits.--Beginning not later than January 1, 2010, the 
        Secretary of Health and Human Services shall conduct audits to 
        determine if hospitals violate the requirements referred to in 
        paragraph (1).
    Sec. 6003. Medicare Improvement Fund.--
    Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is 
amended by adding at the end the following new section:

                      ``medicare improvement fund

    ``Sec. 1898.  (a) Establishment.--The Secretary shall establish 
under this title a Medicare Improvement Fund (in this section referred 
to as the `Fund') which shall be available to the Secretary to make 
improvements under the original fee-for-service program under parts A 
and B for individuals entitled to, or enrolled for, benefits under part 
A or enrolled under part B.
    ``(b) Funding.--
            ``(1) In general.--There shall be available to the Fund, 
        for expenditures from the Fund for services furnished during 
        fiscal year 2014, $3,340,000,000.
            ``(2) Payment from trust funds.--The amount specified under 
        paragraph (1) shall be available to the Fund, as expenditures 
        are made from the Fund, from the Federal Hospital Insurance 
        Trust Fund and the Federal Supplementary Medical Insurance 
        Trust Fund in such proportion as the Secretary determines 
        appropriate.
            ``(3) Funding limitation.--Amounts in the Fund shall be 
        available in advance of appropriations but only if the total 
        amount obligated from the Fund does not exceed the amount 
        available to the Fund under paragraph (1). The Secretary may 
        obligate funds from the Fund only if the Secretary determines 
        (and the Chief Actuary of the Centers for Medicare & Medicaid 
        Services and the appropriate budget officer certify) that there 
        are available in the Fund sufficient amounts to cover all such 
        obligations incurred consistent with the previous sentence.''.
    Sec. 6004. Moratorium on August 17, 2007 CMS Directive. 
Notwithstanding any other provision of law, the Secretary of Health and 
Human Services shall not, prior to April 1, 2009, finalize, implement, 
enforce, or otherwise take any action to give effect to any or all 
components of the State Health Official Letter 07-001, dated August 17, 
2007, issued by the Director of the Center for Medicaid and State 
Operations in the Centers for Medicare & Medicaid Services regarding 
certain requirements under the State Children's Health Insurance 
Program (CHIP) relating to the prevention of the substitution of health 
benefits coverage for children (commonly referred to as ``crowd-out'') 
and the enforcement of medical support orders (or to any similar 
administrative actions that reflect the same or similar policies set 
forth in such letter). Any change made on or after August 17, 2007, to 
a Medicaid or CHIP State plan or waiver to implement, conform to, or 
otherwise adhere to the requirements or policies in such letter shall 
not apply prior to April 1, 2009.
    Sec. 6005. Adjustment to PAQI Fund. Section 1848(l)(2) of the 
Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by section 
101(a)(2) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 
(Public Law 110-173), is amended--
            (1) in subparagraph (A)(i)--
                    (A) in subclause (III), by striking 
                ``$4,960,000,000'' and inserting ``$3,940,000,000''; 
                and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(IV) For expenditures during 
                                2014, an amount equal to 
                                $3,750,000,000.'';
            (2) in subparagraph (A)(ii), by adding at the end the 
        following new subclause:
                                    ``(IV) 2014.--The amount available 
                                for expenditures during 2014 shall only 
                                be available for an adjustment to the 
                                update of the conversion factor under 
                                subsection (d) for that year.''; and
            (3) in subparagraph (B)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(iv) 2014 for payment with respect to 
                        physicians' services furnished during 2014.''.

  TITLE VII--ACCOUNTABILITY AND COMPETITION IN GOVERNMENT CONTRACTING

             CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE

                              short title

    Sec. 7101. This chapter may be cited as the ``Close the Contractor 
Fraud Loophole Act''.

             revision of the federal acquisition regulation

    Sec. 7102. The Federal Acquisition Regulation shall be amended 
within 180 days after the date of the enactment of this Act pursuant to 
FAR Case 2007-006 (as published at 72 Fed Reg. 64019, November 14, 
2007) or any follow-on FAR case to include provisions that require 
timely notification by Federal contractors of violations of Federal 
criminal law or overpayments in connection with the award or 
performance of covered contracts or subcontracts, including those 
performed outside the United States and those for commercial items.

                               definition

    Sec. 7103. In this chapter, the term ``covered contract'' means any 
contract in an amount greater than $5,000,000 and more than 120 days in 
duration.

               CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY

                              short title

    Sec. 7201. This chapter may be cited as the ``Government Funding 
Transparency Act of 2008''.

  financial disclosure requirements for certain recipients of federal 
                                 awards

    Sec. 7202. (a) Disclosure Requirements.--Section 2(b)(1) of the 
Federal Funding Accountability and Transparency Act (Public Law 109-
282; 31 U.S.C. 6101 note) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F) the names and total compensation of the five 
                most highly compensated officers of the entity if--
                            ``(i) the entity in the preceding fiscal 
                        year received--
                                    ``(I) 80 percent or more of its 
                                annual gross revenues in Federal 
                                awards; and
                                    ``(II) $25,000,000 or more in 
                                annual gross revenues from Federal 
                                awards; and
                            ``(ii) the public does not have access to 
                        information about the compensation of the 
                        senior executives of the entity through 
                        periodic reports filed under section 13(a) or 
                        15(d) of the Securities Exchange Act of 1934 
                        (15 U.S.C. 78m(a), 78o(d)) or section 6104 of 
                        the Internal Revenue Code of 1986.''.
    (b) Regulations Required.--The Director of the Office of Management 
and Budget shall promulgate regulations to implement the amendment made 
by this chapter. Such regulations shall include a definition of ``total 
compensation'' that is consistent with regulations of the Securities 
and Exchange Commission at section 402 of part 229 of title 17 of the 
Code of Federal Regulations (or any subsequent regulation).

                               TITLE VIII

                      GENERAL PROVISIONS--THIS ACT

                         availability of funds

    Sec. 8001. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

                         emergency designation

    Sec. 8002. Each amount in each title of this Act is designated as 
an emergency requirement and necessary to meet emergency needs pursuant 
to subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th 
Congress), the concurrent resolution on the budget for fiscal year 
2008.

              avoidance of u.s. payroll tax contributions

    Sec. 8003. None of the funds in this Act may be used by any Federal 
agency for a contract with any United States corporation which hires 
United States employees through foreign offshore subsidiaries for 
purposes of avoiding United States payroll tax contributions for such 
employees.

                         explanatory statement

    Sec. 8004. The explanatory statement printed in the Senate section 
of the Congressional Record on May 19, 2008, submitted by the Chairman 
of the Committee on Appropriations of the Senate regarding the 
amendments of the Senate to the House amendments to the Senate 
amendment to the bill H.R. 2642, 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, 
submitted by the Chairman of the Committee on Appropriations of the 
Senate, shall have the same effect with respect to the allocation of 
funds and implementation of titles I through XIII of this Act as if it 
were a report to the Senate on a bill reported by the Committee on 
Appropriations.

                              short title

    Sec. 8005. This Act may be cited as the ``Supplemental 
Appropriations Act, 2008''.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                               H. R. 2642

_______________________________________________________________________

       SENATE AMENDMENTS TO HOUSE AMENDMENTS TO SENATE AMENDMENT
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