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

                In the House of Representatives, U. S.,

                                                         June 19, 2008.
    Resolved, That the House agree to the amendments of the Senate to 
the amendments of the House to the amendment of the Senate to the bill 
(H.R. 2642) entitled ``An Act making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other 
purposes'', with the following

  HOUSE AMENDMENT TO SENATE AMENDMENTS TO HOUSE AMENDMENTS TO SENATE 
                               AMENDMENT:

            In lieu of the matter proposed to be inserted by the Senate 
      amendment numbered 2 to the House amendment numbered 2 to the 
      Senate amendment to the bill H.R. 2642, insert the following:

     That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2008, and for other purposes, namely:

    TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL 
              AFFAIRS, AND OTHER SECURITY-RELATED MATTERS

                         CHAPTER 1--AGRICULTURE

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

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

                           CHAPTER 2--JUSTICE

                         DEPARTMENT OF JUSTICE

                      Office of Inspector General

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

                            Legal Activities

            salaries and expenses, general legal activities

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

             salaries and expenses, united states attorneys

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

                     United States Marshals Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$28,621,000, to remain available until September 30, 2009.

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$106,122,000, to remain available until September 30, 2009.
    For an additional amount for ``Salaries and Expenses'', 
$82,600,000, to become available on October 1, 2008, and to remain 
available until September 30, 2009.

                    Drug Enforcement Administration

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$29,861,000, to remain available until September 30, 2009.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

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

                         Federal Prison System

                         salaries and expenses

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

                    GENERAL PROVISION, THIS CHAPTER

    Sec. 1201.  Funds appropriated by this chapter, or made available 
by the transfer of funds in this chapter, for intelligence or 
intelligence related activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 414).

         CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

     For an additional amount for ``Military Construction, Army'', 
$1,108,200,000, of which $921,000,000 shall remain available until 
September 30, 2009, and of which $187,200,000 for child development 
centers and trainee and recruit facilities (including planning and 
design) shall remain available until September 30, 2012: Provided, That 
notwithstanding any other provision of law, such funds may be obligated 
and expended to carry out planning and design and military construction 
projects not otherwise authorized by law: Provided further, That of the 
funds provided under this heading, not to exceed $73,400,000 shall be 
available for study, planning, design, and architect and engineer 
services: Provided further, That funds provided under this heading for 
Iraq shall not be obligated or expended until the Secretary of Defense 
certifies to the Committees on Appropriations of both Houses of 
Congress that none of the funds are to be used for the purpose of 
providing facilities for the permanent basing of United States military 
personnel in Iraq.

              Military Construction, Navy and Marine Corps

     For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $355,907,000, of which $295,516,000 shall remain 
available until September 30, 2009, and of which $60,391,000 for child 
development centers and trainee and recruit facilities (including 
planning and design) shall remain available until September 30, 2012: 
Provided, That notwithstanding any other provision of law, such funds 
may be obligated and expended to carry out planning and design and 
military construction projects not otherwise authorized by law: 
Provided further, That of the funds provided under this heading, not to 
exceed $15,843,000 shall be available for study, planning, design, and 
architect and engineer services.

                    Military Construction, Air Force

     For an additional amount for ``Military Construction, Air Force'', 
$399,627,000, of which $361,600,000 shall remain available until 
September 30, 2009, and of which $38,027,000 for child development 
centers (including planning and design) shall remain available until 
September 30, 2012: Provided, That notwithstanding any other provision 
of law, such funds may be obligated and expended to carry out planning 
and design and military construction projects not otherwise authorized 
by law: Provided further, That of the funds provided under this 
heading, not to exceed $36,427,000 shall be available for study, 
planning, design, and architect and engineer services: Provided 
further, That funds provided under this heading for Iraq shall not be 
obligated or expended until the Secretary of Defense certifies to the 
Committees on Appropriations of both Houses of Congress that none of 
the funds are to be used for the purpose of providing facilities for 
the permanent basing of United States military personnel in Iraq.

                  Military Construction, Defense-Wide

     For an additional amount for ``Military Construction, Defense-
Wide'', $890,921,000, of which $27,600,000 shall remain available until 
September 30, 2009, and of which $863,321,000 for medical treatment 
facilities (including planning and design) shall remain available until 
September 30, 2012: Provided, That notwithstanding any other provision 
of law, such funds may be obligated and expended to carry out planning 
and design and military construction projects not otherwise authorized 
by law.

           Family Housing Construction, Navy and Marine Corps

     For an additional amount for ``Family Housing Construction, Navy 
and Marine Corps'', $11,766,000, to remain available until September 
30, 2009: Provided, That notwithstanding any other provision of law, 
such funds may be obligated and expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law.

            Department of Defense Base Closure Account 2005

     For deposit into the Department of Defense Base Closure Account 
2005, established by section 2906A(a)(1) of the Defense Base Closure 
and Realignment Act of 1990 (10 U.S.C. 2687 note), $1,278,886,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, such funds may be obligated and expended to 
carry out planning and design and military construction projects not 
otherwise authorized by law.

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration

                       general operating expenses

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

                     information technology systems

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

                      construction, major projects

    For an additional amount for ``Construction, Major Projects'', 
$396,377,000, to remain available until expended, which shall be for 
acceleration and completion of planned major construction of Level I 
polytrauma rehabilitation centers as identified in the Department of 
Veterans Affairs' Five Year Capital Plan: Provided, That 
notwithstanding any other provision of law, such funds may be obligated 
and expended to carry out planning and design and major medical 
facility construction not otherwise authorized by law: Provided 
further, That within 30 days of enactment of this Act the Secretary 
shall submit to the Committees on Appropriations of both Houses of 
Congress an expenditure plan for funds provided under this heading.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1301.  In addition to amounts otherwise appropriated or made 
available under the heading ``Military Construction, Army'', there is 
hereby appropriated an additional $200,000,000, to remain available 
until September 30, 2012, to accelerate barracks improvements at 
Department of Army installations: Provided, That notwithstanding any 
other provision of law, such funds may be obligated and expended to 
carry out planning and design and barracks construction not otherwise 
authorized by law: Provided further, That within 30 days of enactment 
of this Act the Secretary of the Army shall submit to the Committees on 
Appropriations of both Houses of Congress an expenditure plan for 
barracks construction prior to obligation.
    Sec. 1302.  None of the funds appropriated in this or any other Act 
may be used to disestablish, reorganize, or relocate the Armed Forces 
Institute of Pathology, except for the Armed Forces Medical Examiner, 
until the President has established, as required by section 722 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint Pathology Center.
    Sec. 1303. (a) Limitation on Authority.--
            (1) In general.--Chapter 53 of title 38, United States 
        Code, is amended by inserting after section 5302 the following 
        new section:
``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--DEPARTMENT OF STATE AND FOREIGN OPERATIONS

     SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

     For an additional amount for ``Diplomatic and Consular Programs'', 
$1,465,700,000, to remain available until September 30, 2009, of which 
$210,400,000 is for worldwide security protection and shall remain 
available until expended: Provided, That not more than $1,150,000,000 
of the funds appropriated under this heading shall be available for 
diplomatic operations in Iraq: Provided further, That of the funds 
appropriated under this heading, not more than $30,000,000 shall be 
made available to establish and implement a coordinated civilian 
response capacity at the United States Department of State.

                      office of inspector general

                     (including transfer of funds)

     For an additional amount for ``Office of Inspector General'', 
$9,500,000, to remain available until September 30, 2009: Provided, 
That $2,500,000 shall be transferred to the Special Inspector General 
for Iraq Reconstruction for reconstruction oversight, and $2,000,000 
shall be transferred to the Special Inspector General for Afghanistan 
Reconstruction for reconstruction oversight.

            embassy security, construction, and maintenance

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

                      International Organizations

              contributions to international organizations

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

        contributions for international peacekeeping activities

     For an additional amount for ``Contributions for International 
Peacekeeping Activities'', $373,708,000, to remain available until 
September 30, 2009, of which $333,600,000 shall be made available for 
the United Nations-African Union Hybrid Mission in Darfur.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

     For an additional amount for ``International Broadcasting 
Operations'', $2,000,000, to remain available until September 30, 2009.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

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

   operating expenses of the united states agency for international 
                              development

     For an additional amount for ``Operating Expenses of the United 
States Agency for International Development'', $150,500,000, to remain 
available until September 30, 2009: Provided, That of the funds 
appropriated under this heading, not more than $25,000,000 shall be 
made available to establish and implement a coordinated civilian 
response capacity at the United States Agency for International 
Development.

   operating expenses of the united states agency for international 
                development office of inspector general

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

                  Other Bilateral Economic Assistance

                         economic support fund

     For an additional amount for ``Economic Support Fund'', 
$1,882,500,000, to remain available until September 30, 2009, of which 
not more than $424,000,000 may be made available for assistance for 
Iraq, $175,000,000 shall be made available for assistance for Jordan to 
meet the needs of Iraqi refugees, and up to $53,000,000 may be made 
available for energy-related assistance for North Korea, 
notwithstanding any other provision of law: Provided, That not more 
than $171,000,000 of the funds appropriated under this heading in this 
subchapter shall be made available for assistance for the West Bank and 
Gaza and none of such funds shall be for cash transfer assistance: 
Provided further, That of the funds appropriated under this heading, 
$1,000,000 shall be made available for the Office of the United Nations 
High Commissioner for Human Rights in Mexico: Provided further, That 
the funds made available under this heading for energy-related 
assistance for North Korea may be made available to support the goals 
of the Six Party Talks Agreements after the Secretary of State 
determines and reports to the Committees on Appropriations that North 
Korea is continuing to fulfill its commitments under such agreements.

                          Department of State

                             democracy fund

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

          international narcotics control and law enforcement

     For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $390,300,000, to remain available until September 
30, 2009, of which not more than $25,000,000 shall be made available 
for security assistance for the West Bank.

                    migration and refugee assistance

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

     united states emergency refugee and migration assistance fund

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

    nonproliferation, anti-terrorism, demining and related programs

     For an additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', $13,700,000, to remain available until 
September 30, 2009.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   foreign military financing program

     For an additional amount for ``Foreign Military Financing 
Program'', $137,500,000, to remain available until September 30, 2009, 
of which $17,000,000 shall be made available for assistance for Jordan 
and up to $116,500,000 may be made available for assistance for Mexico.
    Not more than $1,350,000 of the funds appropriated or otherwise 
made available under the heading ``Foreign Military Financing Program'' 
by the Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2008 (division J of Public Law 110-161) that were 
previously transferred to and merged with ``Diplomatic and Consular 
Programs'' may be made available for any purposes authorized for that 
account, of which up to $500,000 shall be made available to increase 
the capacity of the United States Embassy in Mexico City to implement 
section 620J of the Foreign Assistance Act of 1961: Provided, That 
funds made available by this paragraph shall not be subject to Section 
8002 of this Act.

 SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 
                                  2009

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

     For an additional amount for ``Diplomatic and Consular Programs'', 
$704,900,000, which shall become available on October 1, 2008, and 
remain available through September 30, 2009: Provided, That of the 
funds appropriated under this heading, $78,400,000 is for worldwide 
security protection and shall remain available until expended: Provided 
further, That not more than $550,500,000 of the funds appropriated 
under this heading shall be available for diplomatic operations in 
Iraq.

                      office of inspector general

                     (including transfer of funds)

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

            embassy security, construction, and maintenance

     For an additional amount for ``Embassy Security, Construction, and 
Maintenance'', $41,300,000, which shall become available on 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'', 
$1,124,800,000, which shall become available on October 1, 2008, and 
remain available through September 30, 2009, of which not more than 
$102,500,000 may be made available for assistance for Iraq, 
$100,000,000 shall be made available for assistance for Jordan, not 
more than $455,000,000 may be made available for assistance for 
Afghanistan, not more than $150,000,000 may be made available for 
assistance for Pakistan, not more than $150,000,000 shall be made 
available for assistance for the West Bank and Gaza, and $15,000,000 
may be made available for energy-related assistance for North Korea, 
notwithstanding any other provision of law.

                          Department of State

          international narcotics control and law enforcement

     For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $199,000,000, which shall become available on 
October 1, 2008, and remain available through September 30, 2009: 
Provided, That not more than $50,000,000 of the funds appropriated 
under this heading shall be made available for security assistance for 
the West Bank and up to $48,000,000 may be made available for 
assistance for Mexico.

                    migration and refugee assistance

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

    nonproliferation, anti-terrorism, demining and related programs

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

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   foreign military financing program

     For an additional amount for ``Foreign Military Financing 
Program'', $302,500,000, which shall become available on October 1, 
2008, and remain available through September 30, 2009, of which 
$100,000,000 shall be made available for assistance for Jordan, and not 
less than $170,000,000 shall be available for grants only for Israel 
and shall be disbursed not later than November 1, 2008: Provided, That 
section 3802(c) of title III, chapter 8 of Public Law 110-28 shall 
apply to funds made available under this heading for assistance for 
Lebanon.

                        peacekeeping operations

     For an additional amount for ``Peacekeeping Operations'', 
$95,000,000, which shall become available on October 1, 2008, and 
remain available through September 30, 2009.

             SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER

                        extension of authorities

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

                                  iraq

    Sec. 1402.  (a) Asset Transfer Agreement.--
            (1) None of the funds appropriated by this chapter for 
        infrastructure maintenance activities in Iraq may be made 
        available until the Secretary of State certifies and reports to 
        the Committees on Appropriations that the Governments of the 
        United States and Iraq have entered into, and are implementing, 
        an asset transfer agreement that includes commitments by the 
        Government of Iraq to maintain United 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.--Not more than 40 percent of the funds 
appropriated by this chapter for rule of law programs in Iraq may be 
made available for assistance for the Government of Iraq until the 
Secretary of State reports to the Committees on Appropriations that a 
comprehensive anti-corruption strategy has been developed, and is being 
implemented, by the Government of Iraq, and the Secretary of State 
submits a list, in classified form if necessary, to the Committees on 
Appropriations of senior Iraqi officials who the Secretary has credible 
evidence to believe have committed corrupt acts.
    (c) Provincial Reconstruction Teams.--None of the funds 
appropriated by this chapter for the operational or program expenses of 
Provincial Reconstruction Teams (PRTs) in Iraq may be made available 
until the Secretary of State submits a report to the Committees on 
Appropriations detailing--
            (1) the strategy for the eventual winding down and close 
        out of PRTs;
            (2) anticipated costs associated with PRT operations, 
        programs, and eventual winding down and close out, including 
        security for PRT personnel and anticipated Government of Iraq 
        contributions; and
            (3) anticipated placement and cost estimates of future 
        United States Consulates in Iraq.
    (d) Community Stabilization Program.--Not more than 50 percent of 
the funds appropriated by this chapter for the Community Stabilization 
Program in Iraq may be made available until the Secretary of State 
certifies and reports to the Committees on Appropriations that the 
United States Agency for International Development is implementing 
recommendations contained in Office of Inspector General Audit Report 
No. E-267-08-001-P to ensure accountability of funds.
    (e) Matching Requirement.--
            (1) Notwithstanding any other provision of law, funds 
        appropriated by this chapter for assistance for Iraq shall be 
        made available only to the extent that the Government of Iraq 
        matches such assistance on a dollar-for-dollar basis.
            (2) Paragraph (1) shall not apply to funds made available 
        for--
                    (A) grants and cooperative agreements for programs 
                to promote democracy and human rights;
                    (B) the Community Action Program and other 
                assistance through civil society organizations;
                    (C) humanitarian demining; or
                    (D) assistance for refugees, internally displaced 
                persons, and civilian victims of the military 
                operations.
            (3) The Secretary of State shall certify to the Committees 
        on Appropriations prior to the initial obligation of funds 
        pursuant to this section that the Government of Iraq has 
        committed to obligate matching funds on a dollar-for-dollar 
        basis. The Secretary shall submit a report to the Committees on 
        Appropriations not later than September 30, 2008, and 180 days 
        thereafter, detailing the amounts of funds obligated and 
        expended by the Government of Iraq to meet the requirements of 
        this section.
            (4) Not later than 45 days after enactment of this Act, the 
        Secretary of State shall submit a report to the Committees on 
        Appropriations detailing the amounts provided by the Government 
        of Iraq since June 30, 2004, to assist Iraqi refugees in Syria, 
        Jordan, and elsewhere, and the amount of such assistance the 
        Government of Iraq plans to provide in fiscal year 2008. The 
        Secretary shall work expeditiously with the Government of Iraq 
        to establish an account within its annual budget sufficient to, 
        at a minimum, match United States contributions on a dollar-
        for-dollar basis to organizations and programs for the purpose 
        of assisting Iraqi refugees.

                              afghanistan

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

                               west bank

    Sec. 1404.  Not later than 90 days after the date of enactment of 
this Act and 180 days thereafter, the Secretary of State shall submit 
to the Committees on Appropriations a report on assistance provided by 
the United States for the training of Palestinian security forces, 
including detailed descriptions of the training, curriculum, and 
equipment provided; an assessment of the training and the performance 
of forces after training has been completed; and a description of the 
assistance that has been pledged and provided to Palestinian security 
forces by other donors: Provided, That not later than 90 days after the 
date of enactment of this Act, the Secretary of State shall report to 
the Committees on Appropriations, in classified form if necessary, on 
the security strategy of the Palestinian Authority.

            waiver of certain sanctions against north korea

    Sec. 1405.  (a) Waiver Authority.--
            (1) In general.--Except as provided in subsection (b), the 
        President may waive in whole or in part, with respect to North 
        Korea, the application of any sanction contained in 
        subparagraph (A), (B), (D) or (G) under section 102(b)(2) of 
        the Arms Export Control Act (22 U.S.C. 2799aa-1(b)), for the 
        purpose of providing assistance related to--
                    (A) the implementation and verification of the 
                compliance by North Korea with its commitment, 
                undertaken in the Joint Statement of September 19, 
                2005, to abandon all nuclear weapons and existing 
                nuclear programs as part of the verifiable 
                denuclearization of the Korean Peninsula; and
                    (B) the elimination of the capability of North 
                Korea to develop, deploy, transfer, or maintain weapons 
                of mass destruction and their delivery systems.
            (2) Limitation.--The authority under paragraph (1) shall 
        expire 5 years after the date of enactment of this Act.
    (b) Exceptions.--
            (1) Limited exception related to certain sanctions and 
        prohibitions.--The authority under subsection (a) shall not 
        apply with respect to a sanction or prohibition under 
        subparagraph (B) or (G) of section 102(b)(2) of the Arms Export 
        Control Act, unless the President determines and certifies to 
        the appropriate congressional committees that--
                    (A) all reasonable steps will be taken to assure 
                that the articles or services exported or otherwise 
                provided will not be used to improve the military 
                capabilities of the armed forces of North Korea; and
                    (B) such waiver is in the national security 
                interests of the United States.
            (2) Limited exception related to certain activities.--
        Unless the President determines and certifies to the 
        appropriate congressional committees that using the authority 
        under subsection (a) is vital to the national security 
        interests of the United States, such authority shall not apply 
        with respect to--
                    (A) an activity described in subparagraph (A) of 
                section 102(b)(1) of the Arms Export Control Act that 
                occurs after September 19, 2005, and before the date of 
                the enactment of this Act;
                    (B) an activity described in subparagraph (C) of 
                such section that occurs after September 19, 2005; or
                    (C) an activity described in subparagraph (D) of 
                such section that occurs after the date of enactment of 
                this Act.
            (3) Exception related to certain activities occurring after 
        date of enactment.--The authority under subsection (a) shall 
        not apply with respect to an activity described in subparagraph 
        (A) or (B) of section 102(b)(1) of the Arms Export Control Act 
        that occurs after the date of the enactment of this Act.
            (4) Limited exception related to lethal weapons.--The 
        authority under subsection (a) shall not apply with respect to 
        any export of lethal defense articles that would be prevented 
        by the application of section 102(b)(2) of the Arms Export 
        Control Act.
    (c) Notifications and Reports.--
            (1) Congressional notification.--The President shall notify 
        the appropriate congressional committees in writing not later 
        than 15 days before exercising the waiver authority under 
        subsection (a).
            (2) Annual report.--Not later than January 31, 2009, and 
        annually thereafter, the President shall submit to the 
        appropriate congressional committees a report that--
                    (A) lists all waivers issued under subsection (a) 
                during the preceding year;
                    (B) describes in detail the progress that is being 
                made in the implementation of the commitment undertaken 
                by North Korea, in the Joint Statement of September 19, 
                2005, to abandon all nuclear weapons and existing 
                nuclear programs as part of the verifiable 
                denuclearization of the Korean Peninsula;
                    (C) discusses specifically any shortcomings in the 
                implementation by North Korea of that commitment; and
                    (D) lists and describes the progress and 
                shortcomings, in the preceding year, of all other 
                programs promoting the elimination of the capability of 
                North Korea to develop, deploy, transfer, or maintain 
                weapons of mass destruction or their delivery systems.
            (3) Report on verification measures relating to north 
        korea's nuclear programs.--
                    (A) In general.--Not later than 15 days after the 
                date of enactment of this Act, the Secretary of State 
                shall submit to the appropriate congressional 
                committees a report on verification measures relating 
                to North Korea's nuclear programs under the Six-Party 
                Talks Agreement of February 13, 2007, with specific 
                focus on how such verification measures are defined 
                under the Six-Party Talks Agreement and understood by 
                the United States Government.
                    (B) Matters to be included.--The report required 
                under subsection (A) shall include, among other 
                elements, a description of--
                            (i) how the United States will confirm that 
                        North Korea has ``provided a complete and 
                        correct declaration of all of its nuclear 
                        programs'';
                            (ii) how the United States will maintain a 
                        high and ongoing level of confidence that North 
                        Korea has fully met the terms of the Six-Party 
                        Talks Agreement relating to its nuclear 
                        programs;
                            (iii) any diplomatic agreement with North 
                        Korea regarding verification measures relating 
                        to North Korea's nuclear programs under the 
                        Six-Party Talks Agreement (other than 
                        implementing arrangements made during on-site 
                        operations); and
                            (iv) any significant and continuing 
                        disagreement with North Korea regarding 
                        verification measures relating to North Korea's 
                        nuclear programs under the Six-Party Talks 
                        Agreement.
                    (C) Form.--The report required under subsection (A) 
                shall be submitted in unclassified form, but may 
                include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committees on Appropriations, Armed Services, and 
        Foreign Relations of the Senate; and
            (2) the Committees on Appropriations, Armed Services, and 
        Foreign Affairs of the House of Representatives.

                                 mexico

    Sec. 1406.  (a) Assistance for Mexico.--Of the funds appropriated 
under the headings ``International Narcotics Control and Law 
Enforcement'', ``Foreign Military Financing Program'', and ``Economic 
Support Fund'' in this chapter, not more than $352,000,000 of the funds 
appropriated in subchapter A and $48,000,000 of the funds appropriated 
in subchapter B may be made available for assistance for Mexico, only 
to combat drug trafficking and related violence and organized crime, 
and for judicial reform, institution building, anti-corruption, and 
rule of law activities, of which not less than $73,500,000 shall be 
used for judicial reform, institution building, anti-corruption, and 
rule of law activities: Provided, That none of the funds made available 
under this section shall be made available for budget support or as 
cash payments: Provided further, That not more than 45 days after 
enactment of this Act, and after consulting with relevant Mexican 
Government authorities, the Secretary of State shall report in writing 
to the Committees on Appropriations on the procedures in place to 
implement section 620J of the Foreign Assistance Act of 1961.
    (b) Allocation of Funds.--Fifteen percent of the funds made 
available in this chapter for assistance for Mexico under the headings 
``International Narcotics Control and Law Enforcement'' and ``Foreign 
Military Financing Program'' may not be obligated until the Secretary 
of State reports in writing to the Committees on Appropriations that 
the Government of Mexico is--
            (1) improving the transparency and accountability of 
        federal police forces and working with state and municipal 
        authorities to improve the transparency and accountability of 
        state and municipal police forces through mechanisms including 
        establishing police complaints commissions with authority and 
        independence to receive complaints and carry out effective 
        investigations;
            (2) establishing a mechanism for regular consultations 
        among relevant Mexican Government authorities, Mexican human 
        rights organizations and other relevant Mexican civil society 
        organizations, to make recommendations concerning 
        implementation of the Merida Initiative in accordance with 
        Mexican and international law;
            (3) ensuring that civilian prosecutors and judicial 
        authorities are investigating and prosecuting, in accordance 
        with Mexican and international law, members of the federal 
        police and military forces who have been credibly alleged to 
        have committed violations of human rights, and the federal 
        police and military forces are fully cooperating with the 
        investigations; and
            (4) enforcing the prohibition, in accordance with Mexican 
        and international law, on the use of testimony obtained through 
        torture or other ill-treatment.
    (c) Exception.--Notwithstanding subsection (b), of the funds 
appropriated by subchapter A for assistance for Mexico under the 
heading ``International Narcotics Control and Law Enforcement'', 
$3,000,000 shall be made available for technical and other assistance 
to enable the Government of Mexico to implement a unified national 
registry of federal, state, and municipal police officers.
    (d) Report.--The report required in subsection (b) shall include a 
description of actions taken with respect to each requirement and the 
cases or issues brought to the attention of the Secretary of State for 
which the response or action taken has been inadequate.
    (e) Notification.--Funds made available for Mexico by this chapter 
shall be subject to the regular notification procedures of the 
Committees on Appropriations and section 634A of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2394-1).
    (f) Spending Plan.--Not later than 45 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
Committees on Appropriations a detailed spending plan for funds 
appropriated or otherwise made available for Mexico by this chapter, 
which shall include a strategy, developed after consulting with 
relevant Mexican Government authorities, for combating drug trafficking 
and related violence and organized crime, judicial reform, institution 
building, anti-corruption, and rule of law activities, with concrete 
goals, actions to be taken, budget proposals, and anticipated results.

                            central america

    Sec. 1407.  (a) Assistance for the Countries of Central America.--
Of the funds appropriated in subchapter A under the headings 
``International Narcotics Control and Law Enforcement'', ``Foreign 
Military Financing Program'', ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', and ``Economic Support Fund'', 
$65,000,000 may be made available for assistance for the countries of 
Central America, Haiti, and the Dominican Republic only to combat drug 
trafficking and related violence and organized crime, and for judicial 
reform, institution building, anti-corruption, rule of law activities, 
and maritime security: Provided, That of the funds appropriated under 
the heading ``Economic Support Fund'', $25,000,000 shall be made 
available for an Economic and Social Development Fund for Central 
America, of which $20,000,000 shall be made available through the 
United States Agency for International Development and $5,000,000 shall 
be made available through the Department of State for educational 
exchange programs: Provided further, That of the funds appropriated in 
subchapter A under the heading ``International Narcotics Control and 
Law Enforcement'', $2,500,000 shall be made available for assistance 
for Haiti, $2,500,000 shall be made available for assistance for the 
Dominican Republic, and $1,000,000 shall be made available for a United 
States contribution to the International Commission Against Impunity in 
Guatemala: Provided further, That none of the funds shall be made 
available for budget support or as cash payments: Provided further, 
That not more than 45 days after enactment of this Act, the Secretary 
of State shall report in writing to the Committees on Appropriations on 
the procedures in place to implement section 620J of the Foreign 
Assistance Act of 1961.
    (b) Allocation of Funds.--Fifteen percent of the funds made 
available by this chapter for assistance for the countries of Central 
America, Haiti and the Dominican Republic under the headings 
``International Narcotics Control and Law Enforcement'' and ``Foreign 
Military Financing Program'' may not be obligated until the Secretary 
of State reports in writing to the Committees on Appropriations that 
the government of such country is--
            (1) establishing police complaints commissions with 
        authority and independence to receive complaints and carry out 
        effective investigations;
            (2) implementing reforms to improve the capacity and ensure 
        the independence of the judiciary; and
            (3) investigating and prosecuting members of the federal 
        police and military forces who have been credibly alleged to 
        have committed violations of human rights.
    (c) Report.--The report required in subsection (b) shall include 
actions taken with respect to each requirement and the cases or issues 
brought to the attention of the Secretary of State for which the 
response or action taken has been inadequate.
    (d) Notification.--Funds made available for assistance for the 
countries of Central America, Haiti and the Dominican Republic in 
subchapter A shall be subject to the regular notification procedures of 
the Committees on Appropriations and section 634A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1).
    (e) Spending Plan.--Not later than 45 days after enactment of this 
Act, the Secretary of State shall submit to the Committees on 
Appropriations a detailed spending plan for funds appropriated or 
otherwise made available for the countries of Central America, Haiti 
and the Dominican Republic in subchapter A, which shall include a 
strategy for combating drug trafficking and related violence and 
organized crime, judicial reform, institution building, anti-
corruption, and rule of law activities, with concrete goals, actions to 
be taken, budget proposals and anticipated results.
    (f) Definition.--For the purposes of this section, the term 
``countries of Central America'' means Belize, Costa Rica, El Salvador, 
Guatemala, Honduras, Nicaragua, and Panama.

                    buying power maintenance account

                     (including transfers of funds)

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

                                 serbia

    Sec. 1409.  Of the funds made available under the heading 
``Assistance for Eastern Europe and the Baltic States'' by title III of 
the Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2008 (division J of Public Law 110-161), an amount 
equivalent to the unpaid costs of damage to the United States Embassy 
in Belgrade, Serbia, as estimated by the Secretary of State, resulting 
from the February 21, 2008 attack on such Embassy, shall be withheld 
from obligation for assistance for the central government of Serbia if 
the Secretary of State reports to the Committees on Appropriations that 
the Government of Serbia has failed to provide full compensation to the 
Department of State for damages to the United States Embassy resulting 
from the February 21, 2008 attack on such embassy. Section 8002 of this 
Act shall not apply to this section.

                              rescissions

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

                          darfur peacekeeping

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

                                 tibet

    Sec. 1412.  (a) Of the funds appropriated by this Act or prior Acts 
making appropriations for the Department of State, foreign operations 
and related programs under the headings ``Diplomatic and Consular 
Programs'' and ``Embassy Security, Construction, and Maintenance'', up 
to $5,000,000 shall be made available to establish a United States 
Consulate in Lhasa, Tibet.
    (b) The Department of State should not consent to opening a 
consular post in the United States by the People's Republic of China 
until such time as the People's Republic of China consents to opening a 
United States consular post in Lhasa, Tibet.

                                 jordan

                    (including rescission of funds)

    Sec. 1413. (a) For an additional amount for ``Economic Support 
Fund'' for assistance for Jordan, $25,000,000, to remain available 
until September 30, 2009.
    (b) For an additional amount for ``Foreign Military Financing 
Program'' for assistance for Jordan, $33,000,000, to remain available 
until September 30, 2009.
    (c) Of the unobligated balances of funds appropriated under the 
heading ``Millennium Challenge Corporation'' in prior Acts making 
appropriations for foreign operations, export financing, and related 
programs, $58,000,000 are rescinded.
    (d) Section 8002 of this Act shall not apply to this section.

                              allocations

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

                        reprogramming authority

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

               spending plans and notification procedures

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

                          terms and conditions

    Sec. 1417.  Unless otherwise provided for in this Act, funds 
appropriated or otherwise made available by this chapter shall be 
available under the authorities and conditions provided in the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2008 (division J of Public Law 110-161), except 
that section 699K of such Act shall not apply to funds in this chapter.

                       TITLE II--DOMESTIC MATTERS

                CHAPTER 1--FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$150,000,000, to remain available until September 30, 2009: Provided, 
That of the amount provided: (1) $66,792,000 shall be for the Center 
for Food Safety and Applied Nutrition and related field activities in 
the Office of Regulatory Affairs; (2) $28,019,000 shall be for the 
Center for Drug Evaluation and Research and related field activities in 
the Office of Regulatory Affairs; (3) $12,736,000 shall be for the 
Center for Biologics Evaluation and Research and related field 
activities in the Office of Regulatory Affairs; (4) $6,057,000 shall be 
for the Center for Veterinary Medicine and related field activities in 
the Office of Regulatory Affairs; (5) $20,094,000 shall be for the 
Center for Devices and Radiological Health and related field activities 
in the Office of Regulatory Affairs; (6) $3,396,000 shall be for the 
National Center for Toxicological Research; and (7) $12,906,000 shall 
be for other activities, including the Office of the Commissioner, the 
Office of Scientific and Medical Programs; the Office of Policy, 
Planning and Preparedness; the Office of International and Special 
Programs; the Office of Operations; and central services for these 
offices.

               CHAPTER 2--COMMERCE, JUSTICE, AND SCIENCE

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census

                     periodic censuses and programs

                     (including transfer of funds)

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

                         DEPARTMENT OF JUSTICE

                         Federal Prison System

                         salaries and expenses

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

                             OTHER AGENCIES

             National Aeronautics and Space Administration

                  science, aeronautics and exploration

    For an additional amount for ``Science, Aeronautics and 
Exploration'', $62,500,000.

                      National Science Foundation

                    research and related activities

    For an additional amount for ``Research and Related Activities'', 
$22,500,000, of which $5,000,000 shall be available solely for 
activities authorized by section 7002(b)(2)(A)(iv) of Public Law 110-
69.

                     education and human resources

    For an additional amount for ``Education and Human Resources'', 
$40,000,000: Provided, That of the amount provided, $20,000,000 shall 
be available for activities authorized by section 10 of the National 
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1) and 
$20,000,000 shall be available for activities authorized by section 10A 
of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 
1862n-1a).

                           CHAPTER 3--ENERGY

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                                Science

    For an additional amount for ``Science'', $62,500,000, to remain 
available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For an additional amount for ``Defense Environmental Cleanup'', 
$62,500,000, to remain available until expended.

             CHAPTER 4--LABOR AND HEALTH AND HUMAN SERVICES

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

     state unemployment insurance and employment service operations

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health

                         office of the director

                     (including transfer of funds)

    For an additional amount for ``Office of the Director'', 
$150,000,000, which shall be transferred to the Institutes and Centers 
of the National Institutes of Health and to the Common Fund established 
under section 402A(c)(1) of the Public Health Service Act in proportion 
to the appropriations otherwise made to such Institutes, Centers, and 
Common Fund for fiscal year 2008: Provided, That these funds shall be 
used to support additional scientific research and shall be merged with 
and be available for the same purposes and for the same time period as 
the appropriation or fund to which transferred: Provided further, That 
this transfer authority is in addition to any other transfer authority 
available to the National Institutes of Health: Provided further, That 
none of these funds may be transferred to ``National Institutes of 
Health-Buildings and Facilities'', the Center for Scientific Review, 
the Center for Information Technology, the Clinical Center, the Global 
Fund for HIV/AIDS, Tuberculosis and Malaria, or the Office of the 
Director (except for the transfer to the Common Fund).

                     CHAPTER 5--LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

      Payment to Widows and Heirs of Deceased Members of Congress

     For payment to Annette Lantos, widow of Tom Lantos, late a 
Representative from the State of California, $169,300: Provided, That 
section 8002 shall not apply to this appropriation.

            TITLE III--NATURAL DISASTER RELIEF AND RECOVERY

                         CHAPTER 1--AGRICULTURE

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency

                     emergency conservation program

    For an additional amount for the ``Emergency Conservation 
Program'', $89,413,000, to remain available until expended.

                 Natural Resources Conservation Service

                 emergency watershed protection program

    For an additional amount for the ``Emergency Watershed Protection 
Program'', $390,464,000, to remain available until expended.

                          CHAPTER 2--COMMERCE

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

    Pursuant to section 703 of the Public Works and Economic 
Development Act (42 U.S.C. 3233), for an additional amount for 
``Economic Development Assistance Programs'', for necessary expenses 
related to disaster relief, long-term recovery, and restoration of 
infrastructure in areas covered by a declaration of major disaster 
under title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) as a result of recent natural 
disasters, $100,000,000, to remain available until expended.

                     CHAPTER 3--CORPS OF ENGINEERS

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              construction

    For an additional amount for ``Construction'', for necessary 
expenses to address emergency situations at Corps of Engineers projects 
and rehabilitate and repair damages to Corps projects caused by recent 
natural disasters, $61,700,000, to remain available until expended.
    For an additional amount for ``Construction'', for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $2,835,000,000, to become available on 
October 1, 2008, and to remain available until expended: Provided, That 
the Secretary of the Army is directed to use $1,997,000,000 of the 
funds provided herein to modify authorized projects in southeast 
Louisiana to provide hurricane, storm and flood damage reduction in the 
greater New Orleans and surrounding areas to the levels of protection 
necessary to achieve the certification required for participation in 
the National Flood Insurance Program under the base flood elevations 
current at the time of enactment of this Act, and shall use 
$1,077,000,000 of those funds for the Lake Pontchartrain and Vicinity 
project and $920,000,000 of those funds for the West Bank and Vicinity 
project: Provided further, That, in addition, $838,000,000 of the funds 
provided herein shall be for elements of Southeast Louisiana Urban 
Drainage project within the geographic perimeter of the West Bank and 
Vicinity and Lake Pontchartrain and Vicinity projects, to provide for 
interior drainage of runoff from rainfall with a ten percent annual 
exceedance probability: Provided further, That the amounts provided 
herein shall be subject to a 65 percent Federal / 35 percent non-
Federal cost share for the specified purposes: Provided further, That 
beginning not later than 60 days after the date of enactment of this 
Act, the Chief of Engineers, acting through the Assistant Secretary of 
the Army for Civil Works, shall provide monthly reports to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of these funds: Provided 
further, That the expenditure of funds as provided above may be made 
without regard to individual amounts or purposes except that any 
reallocation of funds that is necessary to accomplish the established 
goals is authorized subject to the approval of the House and Senate 
Committees on Appropriations.

                   mississippi river and tributaries

    For an additional amount for ``Mississippi River and Tributaries'' 
for recovery from natural disasters, $17,590,000, to remain available 
until expended, to repair damages to Federal projects caused by recent 
natural disasters.

                       operation and maintenance

    For an additional amount for ``Operation and Maintenance'' to 
dredge navigation channels and repair other Corps projects related to 
natural disasters, $298,344,000, to remain available until expended: 
Provided, That the Chief of Engineers, acting through the Assistant 
Secretary of the Army for Civil Works, shall provide a monthly report 
to the House and Senate Committees on Appropriations detailing the 
allocation and obligation of these funds, beginning not later than 60 
days after enactment of this Act.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses to prepare for flood, 
hurricane and other natural disasters and support emergency operations, 
repair and other activities in response to flood and hurricane 
emergencies as authorized by law, $226,854,800, to remain available 
until expended.
    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses relating to the consequences 
of Hurricane Katrina and other hurricanes of the 2005 season, 
$2,926,000,000, to become available on October 1, 2008, and to remain 
available until expended: Provided, That funds provided herein shall be 
used to reduce the risk of hurricane and storm damages to the greater 
New Orleans metropolitan area, at full Federal expense, for the 
following: $704,000,000 shall be used to modify the 17th Street, 
Orleans Avenue, and London Avenue drainage canals and install pumps and 
closure structures at or near the lakefront; $90,000,000 shall be used 
for storm-proofing interior pump stations to ensure the operability of 
the stations during hurricanes, storms, and high water events; 
$459,000,000 shall be used for armoring critical elements of the New 
Orleans hurricane and storm damage reduction system; $53,000,000 shall 
be used to improve protection at the Inner Harbor Navigation Canal; 
$456,000,000 shall be used to replace or modify certain non-Federal 
levees in Plaquemines Parish to incorporate the levees into the 
existing New Orleans to Venice hurricane protection project; 
$412,000,000 shall be used for reinforcing or replacing flood walls, as 
necessary, in the existing Lake Pontchartrain and Vicinity project and 
the existing West Bank and Vicinity project to improve the performance 
of the systems; $393,000,000 shall be used for repair and restoration 
of authorized protections and floodwalls; and $359,000,000 shall be to 
complete the authorized protection for the Lake Ponchartrain and 
Vicinity, West Bank and Vicinity, and the New Orleans to Venice 
projects: Provided further, That the Secretary of the Army, within 
available funds, is directed to continue the NEPA alternative 
evaluation of all options with particular attention to Options 1, 2 and 
2a of the report to Congress, dated August 30, 2007, provided in 
response to the requirements of chapter 3, section 4303 of Public Law 
110-28, and within 90 days of enactment of this Act provide the House 
and Senate Committees on Appropriations cost estimates to implement 
Options 1, 2 and 2a of the above cited report: Provided further, That 
beginning not later than 60 days after the date of enactment of this 
Act, the Chief of Engineers, acting through the Assistant Secretary of 
the Army for Civil Works, shall provide monthly reports to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of these funds: Provided 
further, That any project using funds appropriated under this heading 
shall be initiated only after non-Federal interests have entered into 
binding agreements with the Assistant Secretary of the Army for Civil 
Works requiring the non-Federal interests to pay 100 percent of the 
operation, maintenance, repair, replacement, and rehabilitation costs 
of completed elements and to hold and save the United States free from 
damages due to the construction, operation, and maintenance of the 
project, except for damages due to the fault or negligence of the 
United States or its contractors: Provided further, That the 
expenditure of funds as provided above may be made without regard to 
individual amounts or purposes except that any reallocation of funds 
that is necessary to accomplish the established goals is authorized 
subject to the approval of the House and Senate Committees on 
Appropriations.

                                expenses

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

                       CHAPTER 4--SMALL BUSINESS

                     Small Business Administration

                     disaster loans program account

                     (including transfer of funds)

    For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, for necessary expenses related to flooding in 
Midwestern States and other natural disasters, $164,939,000, to remain 
available until expended: Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.
    In addition, for expenses to carry out the direct loan program in 
response to flooding in Midwestern States and other natural disasters, 
including onsite assistance to disaster victims, increased staff at 
call centers, processing centers, and field inspections teams, and 
attorneys to assist in loan closings, $101,814,000, to remain available 
until expended, of which $1,000,000 is for the Office of Inspector 
General of the Small Business Administration for audits and reviews of 
disaster loans and the disaster loan program and shall be paid to 
appropriations for the Office of Inspector General; of which 
$94,814,000 is for direct administrative expenses of loan making and 
servicing to carry out the direct loan program, which may be paid to 
appropriations for Salaries and Expenses; and of which $6,000,000 is 
for indirect administrative expenses, which may be paid to 
appropriations for Salaries and Expenses.

                    CHAPTER 5--FEMA DISASTER RELIEF

                    DEPARTMENT OF HOMELAND SECURITY

                  Federal Emergency Management Agency

                            disaster relief

    For an additional amount for ``Disaster Relief'', $897,000,000, to 
remain available until expended.

                CHAPTER 6--HOUSING AND URBAN DEVELOPMENT

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Permanent Supportive Housing

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

                   Community Planning and Development

                       community development fund

    For an additional amount for ``Community Development Fund'', for 
necessary expenses related to disaster relief, long-term recovery, and 
restoration of infrastructure in areas covered by a declaration of 
major disaster under title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of 
recent natural disasters, $300,000,000, to remain available until 
expended, for activities authorized under title I of the Housing and 
Community Development Act of 1974 (Public Law 93-383): Provided, That 
funds provided under this heading shall be administered through an 
entity or entities designated by the Governor of each State: Provided 
further, That such funds may not be used for activities reimbursable by 
or for which funds are made available by the Federal Emergency 
Management Agency or the Army Corps of Engineers: Provided further, 
That funds allocated under this heading shall not adversely affect the 
amount of any formula assistance received by a State under this 
heading: Provided further, That each State may use up to five percent 
of its allocation for administrative costs: Provided further, That in 
administering the funds under this heading, the Secretary of Housing 
and Urban Development shall waive, or specify alternative requirements 
for, any provision of any statute or regulation that the Secretary 
administers in connection with the obligation by the Secretary or the 
use by the recipient of these funds or guarantees (except for 
requirements related to fair housing, nondiscrimination, labor 
standards, and the environment), upon a request by the State that such 
waiver is required to facilitate the use of such funds or guarantees, 
and a finding by the Secretary that such waiver would not be 
inconsistent with the overall purpose of the statute, as modified: 
Provided further, That the Secretary may waive the requirement that 
activities benefit persons of low and moderate income, except that at 
least 50 percent of the funds made available under this heading must 
benefit primarily persons of low and moderate income unless the 
Secretary otherwise makes 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: 
Provided further, That every waiver made by the Secretary must be 
reconsidered according to the three previous provisos on the two-year 
anniversary of the day the Secretary published the waiver in the 
Federal Register: Provided further, That prior to the obligation of 
funds each State shall submit a plan to the Secretary detailing the 
proposed use of all funds, including criteria for eligibility and how 
the use of these funds will address long-term recovery and restoration 
of infrastructure: Provided further, That each State will report 
quarterly to the Committees on Appropriations on all awards and uses of 
funds made available under this heading, including specifically 
identifying all awards of sole-source contracts and the rationale for 
making the award on a sole-source basis: Provided further, That the 
Secretary shall notify the Committees on Appropriations on any proposed 
allocation of any funds and any related waivers made pursuant to these 
provisions under this heading no later than 5 days before such waiver 
is made: Provided further, That the Secretary shall establish 
procedures to prevent recipients from receiving any duplication of 
benefits and report quarterly to the Committees on Appropriations with 
regard to all steps taken to prevent fraud and abuse of funds made 
available under this heading including duplication of benefits.

             TITLE IV--EMERGENCY UNEMPLOYMENT COMPENSATION

                        federal-state agreements

    Sec. 4001.  (a) In General.--Any State which desires to do so may 
enter into and participate in an agreement under this title with the 
Secretary of Labor (in this title referred to as the ``Secretary''). 
Any State which is a party to an agreement under this title may, upon 
providing 30 days' written notice to the Secretary, terminate such 
agreement.
    (b) Provisions of Agreement.--Any agreement under subsection (a) 
shall provide that the State agency of the State will make payments of 
emergency unemployment compensation to individuals who--
            (1) have exhausted all rights to regular compensation under 
        the State law or under Federal law with respect to a benefit 
        year (excluding any benefit year that ended before May 1, 
        2007);
            (2) have no rights to regular compensation or extended 
        compensation with respect to a week under such law or any other 
        State unemployment compensation law or to compensation under 
        any other Federal law (except as provided under subsection 
        (e)); and
            (3) are not receiving compensation with respect to such 
        week under the unemployment compensation law of Canada.
    (c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an 
individual shall be deemed to have exhausted such individual's rights 
to regular compensation under a State law when--
            (1) no payments of regular compensation can be made under 
        such law because such individual has received all regular 
        compensation available to such individual based on employment 
        or wages during such individual's base period; or
            (2) such individual's rights to such compensation have been 
        terminated by reason of the expiration of the benefit year with 
        respect to which such rights existed.
    (d) Weekly Benefit Amount, Etc.--For purposes of any agreement 
under this title--
            (1) the amount of emergency unemployment compensation which 
        shall be payable to any individual for any week of total 
        unemployment shall be equal to the amount of the regular 
        compensation (including dependents' allowances) payable to such 
        individual during such individual's benefit year under the 
        State law for a week of total unemployment;
            (2) the terms and conditions of the State law which apply 
        to claims for regular compensation and to the payment thereof 
        shall apply to claims for emergency unemployment compensation 
        and the payment thereof, except--
                    (A) that an individual shall not be eligible for 
                emergency unemployment compensation under this title 
                unless, in the base period with respect to which the 
                individual exhausted all rights to regular compensation 
                under the State law, the individual had 20 weeks of 
                full-time insured employment or the equivalent in 
                insured wages, as determined under the provisions of 
                the State law implementing section 202(a)(5) of the 
                Federal-State Extended Unemployment Compensation Act of 
                1970 (26 U.S.C. 3304 note); and
                    (B) where otherwise inconsistent with the 
                provisions of this title or with the regulations or 
                operating instructions of the Secretary promulgated to 
                carry out this title; and
            (3) the maximum amount of emergency unemployment 
        compensation payable to any individual for whom an emergency 
        unemployment compensation account is established under section 
        4002 shall not exceed the amount established in such account 
        for such individual.
    (e) Election by States.--Notwithstanding any other provision of 
Federal law (and if State law permits), the Governor of a State that is 
in an extended benefit period may provide for the payment of emergency 
unemployment compensation prior to extended compensation to individuals 
who otherwise meet the requirements of this section.
    (f) Unauthorized Aliens Ineligible.--A State shall require as a 
condition of eligibility for emergency unemployment compensation under 
this Act that each alien who receives such compensation must be legally 
authorized to work in the United States, as defined for purposes of the 
Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.). In determining 
whether an alien meets the requirements of this subsection, a State 
must follow the procedures provided in section 1137(d) of the Social 
Security Act (42 U.S.C. 1320b-7(d)).

              emergency unemployment compensation account

    Sec. 4002.  (a) In General.--Any agreement under this title shall 
provide that the State will establish, for each eligible individual who 
files an application for emergency unemployment compensation, an 
emergency unemployment compensation account with respect to such 
individual's benefit year.
    (b) Amount in Account.--
            (1) In general.--The amount established in an account under 
        subsection (a) shall be equal to the lesser of--
                    (A) 50 percent of the total amount of regular 
                compensation (including dependents' allowances) payable 
                to the individual during the individual's benefit year 
                under such law, or
                    (B) 13 times the individual's average weekly 
                benefit amount for the benefit year.
            (2) Weekly benefit amount.--For purposes of this 
        subsection, an individual's weekly benefit amount for any week 
        is the amount of regular compensation (including dependents' 
        allowances) under the State law payable to such individual for 
        such week for total unemployment.

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

    Sec. 4003.  (a) General Rule.--There shall be paid to each State 
that has entered into an agreement under this title an amount equal to 
100 percent of the emergency unemployment compensation paid to 
individuals by the State pursuant to such agreement.
    (b) Treatment of Reimbursable Compensation.--No payment shall be 
made to any State under this section in respect of any compensation to 
the extent the State is entitled to reimbursement in respect of such 
compensation under the provisions of any Federal law other than this 
title or chapter 85 of title 5, United States Code. A State shall not 
be entitled to any reimbursement under such chapter 85 in respect of 
any compensation to the extent the State is entitled to reimbursement 
under this title in respect of such compensation.
    (c) Determination of Amount.--Sums payable to any State by reason 
of such State having an agreement under this title shall be payable, 
either in advance or by way of reimbursement (as may be determined by 
the Secretary), in such amounts as the Secretary estimates the State 
will be entitled to receive under this title for each calendar month, 
reduced or increased, as the case may be, by any amount by which the 
Secretary finds that the Secretary's estimates for any prior calendar 
month were greater or less than the amounts which should have been paid 
to the State. Such estimates may be made on the basis of such 
statistical, sampling, or other method as may be agreed upon by the 
Secretary and the State agency of the State involved.

                          financing provisions

    Sec. 4004.  (a) In General.--Funds in the extended unemployment 
compensation account (as established by section 905(a) of the Social 
Security Act (42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as 
established by section 904(a) of such Act (42 U.S.C. 1104(a)) shall be 
used for the making of payments to States having agreements entered 
into under this title.
    (b) Certification.--The Secretary shall from time to time certify 
to the Secretary of the Treasury for payment to each State the sums 
payable to such State under this title. The Secretary of the Treasury, 
prior to audit or settlement by the Government Accountability Office, 
shall make payments to the State in accordance with such certification, 
by transfers from the extended unemployment compensation account (as so 
established) to the account of such State in the Unemployment Trust 
Fund (as so established).
    (c) Assistance to States.--There are appropriated out of the 
employment security administration account (as established by section 
901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the 
Unemployment Trust Fund, without fiscal year limitation, such funds as 
may be necessary for purposes of assisting States (as provided in title 
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 
costs of administration of agreements under this title.
    (d) Appropriations for Certain Payments.--There are appropriated 
from the general fund of the Treasury, without fiscal year limitation, 
to the extended unemployment compensation account (as so established) 
of the Unemployment Trust Fund (as so established) such sums as the 
Secretary estimates to be necessary to make the payments under this 
section in respect of--
            (1) compensation payable under chapter 85 of title 5, 
        United States Code; and
            (2) compensation payable on the basis of services to which 
        section 3309(a)(1) of the Internal Revenue Code of 1986 
        applies.
Amounts appropriated pursuant to the preceding sentence shall not be 
required to be repaid.

                         fraud and overpayments

    Sec. 4005.  (a) In General.--If an individual knowingly has made, 
or caused to be made by another, a false statement or representation of 
a material fact, or knowingly has failed, or caused another to fail, to 
disclose a material fact, and as a result of such false statement or 
representation or of such nondisclosure such individual has received an 
amount of emergency unemployment compensation under this title to which 
such individual was not entitled, such individual--
            (1) shall be ineligible for further emergency unemployment 
        compensation under this title in accordance with the provisions 
        of the applicable State unemployment compensation law relating 
        to fraud in connection with a claim for unemployment 
        compensation; and
            (2) shall be subject to prosecution under section 1001 of 
        title 18, United States Code.
    (b) Repayment.--In the case of individuals who have received 
amounts of emergency unemployment compensation under this title to 
which they were not entitled, the State shall require such individuals 
to repay the amounts of such emergency unemployment compensation to the 
State agency, except that the State agency may waive such repayment if 
it determines that--
            (1) the payment of such emergency unemployment compensation 
        was without fault on the part of any such individual; and
            (2) such repayment would be contrary to equity and good 
        conscience.
    (c) Recovery by State Agency.--
            (1) In general.--The State agency may recover the amount to 
        be repaid, or any part thereof, by deductions from any 
        emergency unemployment compensation payable to such individual 
        under this title or from any unemployment compensation payable 
        to such individual under any State or Federal unemployment 
        compensation law administered by the State agency or under any 
        other State or Federal law administered by the State agency 
        which provides for the payment of any assistance or allowance 
        with respect to any week of unemployment, during the 3-year 
        period after the date such individuals received the payment of 
        the emergency unemployment compensation to which they were not 
        entitled, except that no single deduction may exceed 50 percent 
        of the weekly benefit amount from which such deduction is made.
            (2) Opportunity for hearing.--No repayment shall be 
        required, and no deduction shall be made, until a determination 
        has been made, notice thereof and an opportunity for a fair 
        hearing has been given to the individual, and the determination 
        has become final.
    (d) Review.--Any determination by a State agency under this section 
shall be subject to review in the same manner and to the same extent as 
determinations under the State unemployment compensation law, and only 
in that manner and to that extent.

                              definitions

    Sec. 4006.  In this title, the terms ``compensation'', ``regular 
compensation'', ``extended compensation'', ``benefit year'', ``base 
period'', ``State'', ``State agency'', ``State law'', and ``week'' have 
the respective meanings given such terms under section 205 of the 
Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
3304 note).

                             applicability

    Sec. 4007.  (a) In General.--Except as provided in subsection (b), 
an agreement entered into under this title shall apply to weeks of 
unemployment--
            (1) beginning after the date on which such agreement is 
        entered into; and
            (2) ending on or before March 31, 2009.
    (b) Transition for Amount Remaining in Account.--
            (1) In general.--Subject to paragraph (2), in the case of 
        an individual who has amounts remaining in an account 
        established under section 4002 as of the last day of the last 
        week (as determined in accordance with the applicable State 
        law) ending on or before March 31, 2009, emergency unemployment 
        compensation shall continue to be payable to such individual 
        from such amounts for any week beginning after such last day 
        for which the individual meets the eligibility requirements of 
        this title.
            (2) Limit on compensation.--No compensation shall be 
        payable by reason of paragraph (1) for any week beginning after 
        June 30, 2009.

                TITLE V--VETERANS EDUCATIONAL ASSISTANCE

                              short title

    Sec. 5001.  This title may be cited as the ``Post-9/11 Veterans 
Educational Assistance Act of 2008''.

                                findings

    Sec. 5002.  Congress makes the following findings:
            (1) On September 11, 2001, terrorists attacked the United 
        States, and the brave members of the Armed Forces of the United 
        States were called to the defense of the Nation.
            (2) Service on active duty in the Armed Forces has been 
        especially arduous for the members of the Armed Forces since 
        September 11, 2001.
            (3) The United States has a proud history of offering 
        educational assistance to millions of veterans, as demonstrated 
        by the many ``G.I. Bills'' enacted since World War II. 
        Educational assistance for veterans helps reduce the costs of 
        war, assist veterans in readjusting to civilian life after 
        wartime service, and boost the United States economy, and has a 
        positive effect on recruitment for the Armed Forces.
            (4) The current educational assistance program for veterans 
        is outmoded and designed for peacetime service in the Armed 
        Forces.
            (5) The people of the United States greatly value military 
        service and recognize the difficult challenges involved in 
        readjusting to civilian life after wartime service in the Armed 
        Forces.
            (6) It is in the national interest for the United States to 
        provide veterans who serve on active duty in the Armed Forces 
        after September 11, 2001, with enhanced educational assistance 
        benefits that are worthy of such service and are commensurate 
        with the educational assistance benefits provided by a grateful 
        Nation to veterans of World War II.

educational assistance for members of the armed forces who serve after 
                           september 11, 2001

    Sec. 5003.  (a) Educational Assistance Authorized.--
            (1) In General.--Part III of title 38, United States Code, 
        is amended by inserting after chapter 32 the following new 
        chapter:

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

                       ``subchapter i--definitions

``Sec.
``3301. Definitions.

                 ``subchapter ii--educational assistance

``3311. Educational assistance for service in the Armed Forces 
                            commencing on or after September 11, 2001: 
                            entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: amount; payment.
``3314. Tutorial assistance.
``3315. Licensure and certification tests.
``3316. Supplemental educational assistance: members with critical 
                            skills or specialty; members serving 
                            additional service.
``3317. Public-private contributions for additional educational 
                            assistance.
``3318. Additional assistance: relocation or travel assistance for 
                            individual relocating or traveling 
                            significant distance for pursuit of a 
                            program of education.
``3319. Authority to transfer unused education benefits to family 
                            members.

               ``subchapter iii--administrative provisions

``3321. Time limitation for use of and eligibility for entitlement.
``3322. Bar to duplication of educational assistance benefits.
``3323. Administration.
``3324. Allocation of administration and costs.

                      ``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)):
                    ``(A) In the case of members of the regular 
                components of the Armed Forces, the meaning given such 
                term in section 101(21)(A).
                    ``(B) In the case of members of the reserve 
                components of the Armed Forces, service on active duty 
                under a call or order to active duty under section 688, 
                12301(a), 12301(d), 12301(g), 12302, or 12304 of title 
                10.
            ``(2) The term `entry level and skill training' means the 
        following:
                    ``(A) In the case of members of the Army, Basic 
                Combat Training and Advanced Individual Training.
                    ``(B) In the case of members of the Navy, Recruit 
                Training (or Boot Camp) and Skill Training (or so-
                called `A' School).
                    ``(C) In the case of members of the Air Force, 
                Basic Military Training and Technical Training.
                    ``(D) In the case of members of the Marine Corps, 
                Recruit Training and Marine Corps Training (or School 
                of Infantry Training).
                    ``(E) In the case of members of the Coast Guard, 
                Basic Training.
            ``(3) The term `program of education' has the meaning given 
        such term in section 3002, except to the extent otherwise 
        provided in section 3313.
            ``(4) The term `Secretary of Defense' means the Secretary 
        of Defense, except that the term means the Secretary of 
        Homeland Security with respect to the Coast Guard when it is 
        not operating as a service in the Navy.

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

``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 subsection (b).
``Sec. 3312. Educational assistance: duration
    ``(a) In General.--Subject to section 3695 and except as provided 
in subsections (b) and (c), an individual entitled to educational 
assistance under this chapter is entitled to a number of months of 
educational assistance under section 3313 equal to 36 months.
    ``(b) Continuing Receipt.--The receipt of educational assistance 
under section 3313 by an individual entitled to educational assistance 
under this chapter is subject to the provisions of section 3321(b)(2).
    ``(c) Discontinuation of Education for Active Duty.--
            ``(1) In general.--Any payment of educational assistance 
        described in paragraph (2) shall not--
                    ``(A) be charged against any entitlement to 
                educational assistance of the individual concerned 
                under this chapter; or
                    ``(B) be counted against the aggregate period for 
                which section 3695 limits the individual's receipt of 
                educational assistance under this chapter.
            ``(2) Description of payment of educational assistance.--
        Subject to paragraph (3), the payment of educational assistance 
        described in this paragraph is the payment of such assistance 
        to an individual for pursuit of a course or courses under this 
        chapter if the Secretary finds that the individual--
                    ``(A)(i) in the case of an individual not serving 
                on active duty, had to discontinue such course pursuit 
                as a result of being called or ordered to serve on 
                active duty under section 688, 12301(a), 12301(d), 
                12301(g), 12302, or 12304 of title 10; or
                    ``(ii) in the case of an individual serving on 
                active duty, had to discontinue such course pursuit as 
                a result of being ordered to a new duty location or 
                assignment or to perform an increased amount of work; 
                and
                    ``(B) failed to receive credit or lost training 
                time toward completion of the individual's approved 
                education, professional, or vocational objective as a 
                result of having to discontinue, as described in 
                subparagraph (A), the individual's course pursuit.
            ``(3) Period for which payment not charged.--The period for 
        which, by reason of this subsection, educational assistance is 
        not charged against entitlement or counted toward the 
        applicable aggregate period under section 3695 of this title 
        shall not exceed the portion of the period of enrollment in the 
        course or courses from which the individual failed to receive 
        credit or with respect to which the individual lost training 
        time, as determined under paragraph (2)(B).
``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)) and is approved for 
purposes of chapter 30 (including approval by the State approving 
agency concerned).
    ``(c) Amount of Educational Assistance.--The amounts payable under 
this subsection for pursuit of an approved program of education are 
amounts as follows:
            ``(1) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(1) 
        or 3311(b)(2), amounts as follows:
                    ``(A) An amount equal to the established charges 
                for the program of education, except that the amount 
                payable under this subparagraph may not exceed the 
                maximum amount of established charges regularly charged 
                in-State students for full-time pursuit of approved 
                programs of education for undergraduates by the public 
                institution of higher education offering approved 
                programs of education for undergraduates in the State 
                in which the individual is enrolled that has the 
                highest rate of regularly-charged established charges 
                for such programs of education among all public 
                institutions of higher education in such State offering 
                such programs of education.
                    ``(B) A monthly stipend in an amount as follows:
                            ``(i) For each month the individual pursues 
                        the program of education (other than, in the 
                        case of assistance under this section only, a 
                        program of education offered through distance 
                        learning), a monthly housing stipend amount 
                        equal to the monthly amount of the basic 
                        allowance for housing payable under section 403 
                        of title 37 for a member with dependents in pay 
                        grade E-5 residing in the military housing area 
                        that encompasses all or the majority portion of 
                        the ZIP code area in which is located the 
                        institution of higher education at which the 
                        individual is enrolled.
                            ``(ii) For the first month of each quarter, 
                        semester, or term, as applicable, of the 
                        program of education pursued by the individual, 
                        a lump sum amount for books, supplies, 
                        equipment, and other educational costs with 
                        respect to such quarter, semester, or term in 
                        the amount equal to--
                                    ``(I) $1,000, multiplied by
                                    ``(II) the fraction which is the 
                                portion of a complete academic year 
                                under the program of education that 
                                such quarter, semester, or term 
                                constitutes.
            ``(2) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(3), 
        amounts equal to 90 percent of the amounts that would be 
        payable to the individual under paragraph (1) for the program 
        of education if the individual were entitled to amounts for the 
        program of education under paragraph (1) rather than this 
        paragraph.
            ``(3) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(4), 
        amounts equal to 80 percent of the amounts that would be 
        payable to the individual under paragraph (1) for the program 
        of education if the individual were entitled to amounts for the 
        program of education under paragraph (1) rather than this 
        paragraph.
            ``(4) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(5), 
        amounts equal to 70 percent of the amounts that would be 
        payable to the individual under paragraph (1) for the program 
        of education if the individual were entitled to amounts for the 
        program of education under paragraph (1) rather than this 
        paragraph.
            ``(5) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(6), 
        amounts equal to 60 percent of the amounts that would be 
        payable to the individual under paragraph (1) for the program 
        of education if the individual were entitled to amounts for the 
        program of education under paragraph (1) rather than this 
        paragraph.
            ``(6) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(7), 
        amounts equal to 50 percent of the amounts that would be 
        payable to the individual under paragraph (1) for the program 
        of education if the individual were entitled to amounts for the 
        program of education under paragraph (1) rather than this 
        paragraph.
            ``(7) In the case of an individual entitled to educational 
        assistance under this chapter by reason of section 3311(b)(8), 
        amounts equal to 40 percent of the amounts that would be 
        payable to the individual under paragraph (1) for the program 
        of education if the individual were entitled to amounts for the 
        program of education under paragraph (1) rather than this 
        paragraph.
    ``(d) Frequency of Payment.--
            ``(1) Quarter, semester, or term payments.--Payment of the 
        amounts payable under subsection (c)(1)(A), and of similar 
        amounts payable under paragraphs (2) through (7) of subsection 
        (c), for pursuit of a program of education shall be made for 
        the entire quarter, semester, or term, as applicable, of the 
        program of education.
            ``(2) Monthly payments.--Payment of the amount payable 
        under subsection (c)(1)(B), and of similar amounts payable 
        under paragraphs (2) through (7) of subsection (c), for pursuit 
        of a program of education shall be made on a monthly basis.
            ``(3) Regulations.--The Secretary shall prescribe in 
        regulations methods for determining the number of months 
        (including fractions thereof) of entitlement of an individual 
        to educational assistance this chapter that are chargeable 
        under this chapter for an advance payment of amounts under 
        paragraphs (1) and (2) for pursuit of a program of education on 
        a quarter, semester, term, or other basis.
    ``(e) Programs of Education Pursued on Active Duty.--
            ``(1) In general.--Educational assistance is payable under 
        this chapter for pursuit of an approved program of education 
        while on active duty.
            ``(2) Amount of assistance.--The amount of educational 
        assistance payable under this chapter to an individual pursuing 
        a program of education while on active duty is the lesser of--
                    ``(A) the established charges which similarly 
                circumstanced nonveterans enrolled in the program of 
                education involved would be required to pay; or
                    ``(B) the amount of the charges of the educational 
                institution as elected by the individual in the manner 
                specified in section 3014(b)(1)
            ``(3) Quarter, semester, or term payments.--Payment of the 
        amount payable under paragraph (2) for pursuit of a program of 
        education shall be made for the entire quarter, semester, or 
        term, as applicable, of the program of education.
            ``(4) Monthly payments.--For each month (as determined 
        pursuant to the methods prescribed under subsection (d)(3)) for 
        which amounts are paid an individual under this subsection, the 
        entitlement of the individual to educational assistance under 
        this chapter shall be charged at the rate of one month for each 
        such month.
    ``(f) Programs of Education Pursued on Half-Time Basis or Less.--
            ``(1) In general.--Educational assistance is payable under 
        this chapter for pursuit of an approved program of education on 
        half-time basis or less.
            ``(2) Amount of assistance.--The educational assistance 
        payable under this chapter to an individual pursuing a program 
        of education on half-time basis or less is the amounts as 
        follows:
                    ``(A) The amount equal to the lesser of--
                            ``(i) the established charges which 
                        similarly circumstanced nonveterans enrolled in 
                        the program of education involved would be 
                        required to pay; or
                            ``(ii) the maximum amount that would be 
                        payable to the individual for the program of 
                        education under paragraph (1)(A) of subsection 
                        (c), or under the provisions of paragraphs (2) 
                        through (7) of subsection (c) applicable to the 
                        individual, for the program of education if the 
                        individual were entitled to amounts for the 
                        program of education under subsection (c) 
                        rather than this subsection.
                    ``(B) A stipend in an amount equal to the amount of 
                the appropriately reduced amount of the lump sum amount 
                for books, supplies, equipment, and other educational 
                costs otherwise payable to the individual under 
                subsection (c).
            ``(3)  Quarter, term, or semester payments.--Payment of the 
        amounts payable to an individual under paragraph (2) for 
        pursuit of a program of education on half-time basis or less 
        shall be made for the entire quarter, semester, or term, as 
        applicable, of the program of education.
            ``(4) Monthly payments.--For each month (as determined 
        pursuant to the methods prescribed under subsection (d)(3)) for 
        which amounts are paid an individual under this subsection, the 
        entitlement of the individual to educational assistance under 
        this chapter shall be charged at a percentage of a month equal 
        to--
                    ``(A) the number of course hours borne by the 
                individual in pursuit of the program of education 
                involved, divided by
                    ``(B) the number of course hours for full-time 
                pursuit of such program of education.
    ``(g) Payment of Established Charges to Educational Institutions.--
Amounts payable under subsections (c)(1)(A) (and of similar amounts 
payable under paragraphs (2) through (7) of subsection (c)), (e)(2), 
and (f)(2)(A) shall be paid directly to the educational institution 
concerned.
    ``(h) Established Charges Defined.--
            ``(1) In general.--In this section, the term `established 
        charges', in the case of a program of education, means the 
        actual charges (as determined pursuant to regulations 
        prescribed by the Secretary) for tuition and fees which 
        similarly circumstanced nonveterans enrolled in the program of 
        education would be required to pay.
            ``(2) Basis of determination.--Established charges shall be 
        determined for purposes of this subsection on the following 
        basis:
                    ``(A) In the case of an individual enrolled in a 
                program of education offered on a term, quarter, or 
                semester basis, the tuition and fees charged the 
                individual for the term, quarter, or semester.
                    ``(B) In the case of an individual enrolled in a 
                program of education not offered on a term, quarter, or 
                semester basis, the tuition and fees charged the 
                individual for the entire program of education.
``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.
    ``(b) Conditions.--
            ``(1) In general.--The provision of benefits under 
        subsection (a) shall be subject to the conditions applicable to 
        an eligible veteran under section 3492.
            ``(2) Certification.--In addition to the conditions 
        specified in paragraph (1), benefits may not be provided to an 
        individual under subsection (a) unless the professor or other 
        individual teaching, leading, or giving the course for which 
        such benefits are provided certifies that--
                    ``(A) such benefits are essential to correct a 
                deficiency of the individual in such course; and
                    ``(B) such course is required as a part of, or is 
                prerequisite or indispensable to the satisfactory 
                pursuit of, an approved program of education.
    ``(c) Amount.--
            ``(1) In general.--The amount of benefits described in 
        subsection (a) that are payable under this section may not 
        exceed $100 per month, for a maximum of 12 months, or until a 
        maximum of $1,200 is utilized.
            ``(2) As additional assistance.--The amount provided an 
        individual under this subsection is in addition to the amounts 
        of educational assistance paid the individual under section 
        3313.
    ``(d) No Charge Against Entitlement.--Any benefits provided an 
individual under subsection (a) are in addition to any other 
educational assistance benefits provided the individual under this 
chapter.
``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).
    ``(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 general.--In the case of an individual who has a 
        skill or specialty designated by the Secretary concerned as a 
        skill or specialty in which there is a critical shortage of 
        personnel or for which it is difficult to recruit or, in the 
        case of critical units, retain personnel, the Secretary 
        concerned may increase the monthly amount of educational 
        assistance otherwise payable to the individual under paragraph 
        (1)(B) of section 3313(c), or under paragraphs (2) through (7) 
        of such section (as applicable).
            ``(2) Maximum amount of increase in assistance.--The amount 
        of the increase in educational assistance authorized by 
        paragraph (1) may not exceed the amount equal to the monthly 
        amount of increased basic educational assistance providable 
        under section 3015(d)(1) at the time of the increase under 
        paragraph (1).
    ``(b) Supplemental Assistance for Additional Service.--
            ``(1) In general.--The Secretary concerned may provide for 
        the payment to an individual entitled to educational assistance 
        under this chapter of supplemental educational assistance for 
        additional service authorized by subchapter III of chapter 30. 
        The amount so payable shall be payable as an increase in the 
        monthly amount of educational assistance otherwise payable to 
        the individual under paragraph (1)(B) of section 3313(c), or 
        under paragraphs (2) through (7) of such section (as 
        applicable).
            ``(2) Eligibility.--Eligibility for supplement educational 
        assistance under this subsection shall be determined in 
        accordance with the provisions of subchapter III of chapter 30, 
        except that any reference in such provisions to eligibility for 
        basic educational assistance under a provision of subchapter II 
        of chapter 30 shall be treated as a reference to eligibility 
        for educational assistance under the appropriate provision of 
        this chapter.
            ``(3) Amount.--The amount of supplemental educational 
        assistance payable under this subsection shall be the amount 
        equal to the monthly amount of supplemental educational payable 
        under section 3022.
    ``(c) Regulations.--The Secretaries concerned shall administer this 
section in accordance with such regulations as the Secretary of Defense 
shall prescribe.
``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), 
the Secretary shall carry out a program under which colleges and 
universities can, voluntarily, enter into an agreement with the 
Secretary to cover a portion of those established charges not otherwise 
covered under section 3313(c)(1)(A), which contributions shall be 
matched by equivalent contributions toward such costs by the Secretary. 
The program shall only apply to covered individuals described in 
paragraphs (1) and (2) of section 3311(b).
    ``(b) Designation of Program.--The program under this section shall 
be known as the `Yellow Ribbon G.I. Education Enhancement Program'.
    ``(c) Agreements.--The Secretary shall enter into an agreement with 
each college or university seeking to participate in the program under 
this section. Each agreement shall specify the following:
            ``(1) The manner (whether by direct grant, scholarship, or 
        otherwise) of the contributions to be made by the college or 
        university concerned.
            ``(2) The maximum amount of the contribution to be made by 
        the college or university concerned with respect to any 
        particular individual in any given academic year.
            ``(3) The maximum number of individuals for whom the 
        college or university concerned will make contributions in any 
        given academic year.
            ``(4) Such other matters as the Secretary and the college 
        or university concerned jointly consider appropriate.
    ``(d) Matching Contributions.--
            ``(1) In general.--In instances where the educational 
        assistance provided an individual under section 3313(c)(1)(A) 
        does not cover the full cost of tuition and mandatory fees at a 
        college or university, the Secretary shall provide up to 50 
        percent of the remaining costs for tuition and mandatory fees 
        if the college or university voluntarily enters into an 
        agreement with the Secretary to match an equal percentage of 
        any of the remaining costs for such tuition and fees.
            ``(2) Use of appropriated funds.--Amounts available to the 
        Secretary under section 3324(b) for payment of the costs of 
        this chapter shall be available to the Secretary for purposes 
        of paragraph (1).
    ``(e) Outreach.--The Secretary shall make available on the Internet 
website of the Department available to the public a current list of the 
colleges and universities participating in the program under this 
section. The list shall specify, for each college or university so 
listed, appropriate information on the agreement between the Secretary 
and such college or university under subsection (c).
``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 county (or similar entity utilized 
        by the Bureau of the Census) with less than seven persons per 
        square mile, according to the most recent decennial Census; and
            ``(2) who--
                    ``(A) physically relocates a distance of at least 
                500 miles in order to pursue a program of education for 
                which the individual utilizes educational assistance 
                under this chapter; or
                    ``(B) travels by air to physically attend an 
                institution of higher education for pursuit of such a 
                program of education because the individual cannot 
                travel to such institution by automobile or other 
                established form of transportation due to an absence of 
                road or other infrastructure.
    ``(c) Proof of Residence.--For purposes of subsection (b)(1), an 
individual may demonstrate the individual's place of residence 
utilizing any of the following:
            ``(1) DD Form 214, Certification of Release or Discharge 
        from Active Duty.
            ``(2) The most recent Federal income tax return.
            ``(3) Such other evidence as the Secretary shall prescribe 
        for purposes of this section.
    ``(d) Single Payment of Assistance.--An individual is entitled to 
only one payment of additional assistance under this section.
    ``(e) No Charge Against Entitlement.--Any amount paid an individual 
under this section is in addition to any other educational assistance 
benefits provided the individual under this chapter.
``Sec. 3319. Authority to transfer unused education benefits to family 
              members
    ``(a) In General.--Subject to the provisions of this section, the 
Secretary of Defense may authorize the Secretary concerned, to promote 
recruitment and retention of members of the Armed Forces, to permit an 
individual described in subsection (b) who is entitled to educational 
assistance under this chapter to elect to transfer to one or more of 
the dependents specified in subsection (c) a portion of such 
individual's entitlement to such assistance, subject to the limitation 
under subsection (d).
    ``(b) Eligible Individuals.--An individual referred to in 
subsection (a) is any member of the Armed Forces who, at the time of 
the approval of the individual's request to transfer entitlement to 
educational assistance under this section, has completed at least--
            ``(1) six years of service in the armed forces and enters 
        into an agreement to serve at least four more years as a member 
        of the Armed Forces; or
            ``(2) the years of service as determined in regulations 
        pursuant to section (k).
    ``(c) Eligible Dependents.--An individual approved to transfer an 
entitlement to educational assistance under this section may transfer 
the individual's entitlement as follows:
            ``(1) To the individual's spouse.
            ``(2) To one or more of the individual's children.
            ``(3) To a combination of the individuals referred to in 
        paragraphs (1) and (2).
    ``(d) Limitation on Months of Transfer.--The total number of months 
of entitlement transferred by a individual under this section may not 
exceed 36 months. The Secretary of Defense may prescribe regulations 
that would limit the months of entitlement that may be transferred 
under this section to no less than 18 months.
    ``(e) Designation of Transferee.--An individual transferring an 
entitlement to educational assistance under this section shall--
            ``(1) designate the dependent or dependents to whom such 
        entitlement is being transferred;
            ``(2) designate the number of months of such entitlement to 
        be transferred to each such dependent; and
            ``(3) specify the period for which the transfer shall be 
        effective for each dependent designated under paragraph (1).
    ``(f) Time for Transfer; Revocation and Modification.--
            ``(1) Time for transfer.--Subject to the time limitation 
        for use of entitlement under section 3321 an individual 
        approved to transfer entitlement to educational assistance 
        under this section may transfer such entitlement only while 
        serving as a member of the armed forces when the transfer is 
        executed.
            ``(2) Modification or revocation.--
                    ``(A) In general.--An individual transferring 
                entitlement under this section may modify or revoke at 
                any time the transfer of any unused portion of the 
                entitlement so transferred.
                    ``(B) Notice.--The modification or revocation of 
                the transfer of entitlement under this paragraph shall 
                be made by the submittal of written notice of the 
                action to both the Secretary concerned and the 
                Secretary of Veterans Affairs.
            ``(3) Prohibition on treatment of transferred entitlement 
        as marital property.--Entitlement transferred under this 
        section may not be treated as marital property, or the asset of 
        a marital estate, subject to division in a divorce or other 
        civil proceeding.
    ``(g) Commencement of Use.--A dependent to whom entitlement to 
educational assistance is transferred under this section may not 
commence the use of the transferred entitlement until--
            ``(1) in the case of entitlement transferred to a spouse, 
        the completion by the individual making the transfer of at 
        least--
                    ``(A) six years of service in the armed forces; or
                    ``(B) the years of service as determined in 
                regulations pursuant to subsection (j); or
            ``(2) in the case of entitlement transferred to a child, 
        both--
                    ``(A) the completion by the individual making the 
                transfer of at least--
                            ``(i) ten years of service in the armed 
                        forces; or
                            ``(ii) the years of service as determined 
                        in regulations pursuant to subsection (j); and
                    ``(B) either--
                            ``(i) the completion by the child of the 
                        requirements of a secondary school diploma (or 
                        equivalency certificate); or
                            ``(ii) the attainment by the child of 18 
                        years of age.
    ``(h) Additional Administrative Matters.--
            ``(1) Use.--The use of any entitlement to educational 
        assistance transferred under this section shall be charged 
        against the entitlement of the individual making the transfer 
        at the rate of one month for each month of transferred 
        entitlement that is used.
            ``(2) Nature of transferred entitlement.--Except as 
        provided under subsection (e)(2) and subject to paragraphs (5) 
        and (6)--
                    ``(A) in the case of entitlement transferred to a 
                spouse under this section, the spouse is entitled to 
                educational assistance under this chapter in the same 
                manner as the individual from whom the entitlement was 
                transferred; or
                    ``(B) in the case of entitlement transferred to a 
                child under this section, the child is entitled to 
                educational assistance under this chapter in the same 
                manner as the individual from whom the entitlement was 
                transferred as if the individual were not on active 
                duty.
            ``(3) Rate of payment.--The monthly rate of educational 
        assistance payable to a dependent to whom entitlement referred 
        to in paragraph (2) is transferred under this section shall be 
        payable--
                    ``(A) in the case of a spouse, at the same rate as 
                such entitlement would otherwise be payable under this 
                chapter to the individual making the transfer; or
                    ``(B) in the case of a child, at the same rate as 
                such entitlement would otherwise be payable under this 
                chapter to the individual making the transfer as if the 
                individual were not on active duty.
            ``(4) Death of transferor.--The death of an individual 
        transferring an entitlement under this section shall not affect 
        the use of the entitlement by the dependent to whom the 
        entitlement is transferred.
            ``(5) Limitation on age of use by child transferees.--A 
        child to whom entitlement is transferred under this section may 
        use the benefit without regard to the 15-year delimiting date, 
        but may not use any entitlement so transferred after attaining 
        the age of 26 years.
            ``(6) Scope of use by transferees.--The purposes for which 
        a dependent to whom entitlement is transferred under this 
        section may use such entitlement shall include the pursuit and 
        completion of the requirements of a secondary school diploma 
        (or equivalency certificate).
            ``(7) Additional administrative provisions.--The 
        administrative provisions of this chapter shall apply to the 
        use of entitlement transferred under this section, except that 
        the dependent to whom the entitlement is transferred shall be 
        treated as the eligible individual for purposes of such 
        provisions.
    ``(i) Overpayment.--
            ``(1) Joint and several liability.--In the event of an 
        overpayment of educational assistance with respect to a 
        dependent to whom entitlement is transferred under this 
        section, the dependent and the individual making the transfer 
        shall be jointly and severally liable to the United States for 
        the amount of the overpayment for purposes of section 3685.
            ``(2) Failure to complete service agreement.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if an individual transferring 
                entitlement under this section fails to complete the 
                service agreed to by the individual under subsection 
                (b)(1) in accordance with the terms of the agreement of 
                the individual under that subsection, the amount of any 
                transferred entitlement under this section that is used 
                by a dependent of the individual as of the date of such 
                failure shall be treated as an overpayment of 
                educational assistance under paragraph (1).
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                in the case of an individual who fails to complete 
                service agreed to by the individual--
                            ``(i) by reason of the death of the 
                        individual; or
                            ``(ii) for a reason referred to in section 
                        3311(c)(4).
    ``(j) Regulations.--(1) The Secretary of Defense, in coordination 
with the Secretary of Veterans Affairs, shall prescribe regulations for 
purposes of this section.
    ``(2) Such regulations shall specify--
            ``(A) the manner of authorizing the transfer of 
        entitlements under this section;
            ``(B) the eligibility criteria in accordance with 
        subsection (b); and
            ``(C) the manner and effect of an election to modify or 
        revoke a transfer of entitlement under subsection (f)(2).
    ``(k) Secretary Concerned Defined.--Notwithstanding section 
101(25), in this section, the term `Secretary concerned' means--
            ``(1) the Secretary of the Army with respect to matters 
        concerning the Army;
            ``(2) the Secretary of the Navy with respect to matters 
        concerning the Navy or the Marine Corps;
            ``(3) the Secretary of the Air Force with respect to 
        matters concerning the Air Force; and
            ``(4) the Secretary of Defense with respect to matters 
        concerning the Coast Guard, or the Secretary of Homeland 
        Security when it is not operating as a service in the Navy.

              ``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) Applicability of section 3031 to running of period.--
        Subsections (b), (c), and (d) of section 3031 shall apply with 
        respect to the running of the 15-year period described in 
        subsection (a) of this section in the same manner as such 
        subsections apply under section 3031 with respect to the 
        running of the 10-year period described in section 3031(a).
            ``(2) Applicability of section 3031 to termination.--
        Section 3031(f) shall apply with respect to the termination of 
        an individual's entitlement to educational assistance under 
        this chapter in the same manner as such section applies to the 
        termination of an individual's entitlement to educational 
        assistance under chapter 30, except that, in the administration 
        of such section for purposes of this chapter, the reference to 
        section 3013 shall be deemed to be a reference to 3312.
            ``(3) Determination of last discharge or release.--For 
        purposes of subsection (a), an individual's last discharge or 
        release from active duty shall not include any discharge or 
        release from a period of active duty of less than 90 days of 
        continuous service, unless the individual is discharged or 
        released as described in section 3311(b)(2).
``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 5003(c) of the Post-9/11 Veterans Educational Assistance Act of 
2008.
``Sec. 3323. Administration
    ``(a) In General.--
            ``(1) In general.--Except as otherwise provided in this 
        chapter, the provisions specified in section 3034(a)(1) shall 
        apply to the provision of educational assistance under this 
        chapter.
            ``(2) Special rule.--In applying the provisions referred to 
        in paragraph (1) to an individual entitled to educational 
        assistance under this chapter for purposes of this section, the 
        reference in such provisions to the term `eligible veteran' 
        shall be deemed to refer to an individual entitled to 
        educational assistance under this chapter.
            ``(3) Rule for applying section 3474.--In applying section 
        3474 to an individual entitled to educational assistance under 
        this chapter for purposes of this section, the reference in 
        such section 3474 to the term `educational assistance 
        allowance' shall be deemed to refer to educational assistance 
        payable under section 3313.
            ``(4) Rule for applying section 3482.--In applying section 
        3482(g) to an individual entitled to educational assistance 
        under this chapter for purposes of this section--
                    ``(A) the first reference to the term `educational 
                assistance allowance' in such section 3482(g) shall be 
                deemed to refer to educational assistance payable under 
                section 3313; and
                    ``(B) the first sentence of paragraph (1) of such 
                section 3482(g) shall be applied as if such sentence 
                ended with `equipment'.
    ``(b) Information on Benefits.--
            ``(1) Timing for providing.--The Secretary shall provide 
        the information described in paragraph (2) to each member of 
        the Armed Forces at such times as the Secretary and the 
        Secretary of Defense shall jointly prescribe in regulations.
            ``(2) Description of information.--The information 
        described in this paragraph is information on benefits, 
        limitations, procedures, eligibility requirements (including 
        time-in-service requirements), and other important aspects of 
        educational assistance under this chapter, including 
        application forms for such assistance under section 5102.
            ``(3) To whom provided.--The Secretary of Veterans Affairs 
        shall furnish the information and forms described in paragraph 
        (2), and other educational materials on educational assistance 
        under this chapter, to educational institutions, training 
        establishments, military education personnel, and such other 
        persons and entities as the Secretary considers appropriate.
    ``(c) Regulations.--
            ``(1) In general.--The Secretary shall prescribe 
        regulations for the administration of this chapter.
            ``(2) Uniformity.--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 for the payment of 
readjustment benefits.''.
            (2) Clerical Amendments.--The tables of chapters at the 
        beginning of title 38, United States Code, and at the beginning 
        of part III of such title, are each amended by inserting after 
        the item relating to chapter 32 the following new item:

``33. Post-9/11 Educational Assistance......................   3301.''.
    (b) Conforming Amendments.--
            (1) Amendments Relating to Duplication of Benefits.--
                    (A) Section 3033 of title 38, United States Code, 
                is amended--
                            (i) in subsection (a)(1) by inserting 
                        ``33,'' after ``32,''; and
                            (ii) in subsection (c) by striking ``both 
                        the program established by this chapter and the 
                        program established by chapter 106 of title 
                        10'' and inserting ``two or more of the 
                        programs established by this chapter, chapter 
                        33 of this title, and chapters 1606 and 1607 of 
                        title 10''.
                    (B) Paragraph (4) of section 3695(a) of such title 
                is amended to read as follows:
            ``(4) Chapters 30, 32, 33, 34, 35, and 36.''.
                    (C) Section 16163(e) of title 10, United States 
                Code, is amended by inserting ``33,'' after ``32,''.
            (2) Additional Conforming Amendments.--
                    (A) Title 38, United States Code, is further 
                amended by inserting ``33,'' after ``32,'' each place 
                it appears in the following provisions:
                            (i) In subsections (b) and (e)(1) of 
                        section 3485.
                            (ii) In section 3688(b).
                            (iii) In subsections (a)(1), (c)(1), 
                        (c)(1)(G), (d), and (e)(2) of section 3689.
                            (iv) In section 3690( b)(3)(A).
                            (v) In subsections (a) and (b) of section 
                        3692.
                            (vi) In section 3697(a).
                    (B) Section 3697A(b)(1) of such title is amended by 
                striking ``or 32'' and inserting ``32, or 33''.
    (c) Applicability to Individuals Under Montgomery Gi Bill 
Program.--
            (1) Individuals Eligible to Elect Participation in 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, 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.

     increase in amounts of basic educational assistance under the 
                           montgomery gi bill

    Sec. 5004.  (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.

 modification of amount available for reimbursement of state and local 
           agencies administering veterans education benefits

    Sec. 5005.  Section 3674(a)(4) of title 38, United States Code, is 
amended by striking ``may not exceed'' and all that follows through the 
end and inserting ``shall be $19,000,000.''.

 authority to transfer unused education benefits to family members for 
                         career service members

    Sec. 5006.  (a) Authority to Transfer Montgomery GI Bill Benefits 
to a Dependent.--Section 3020 of title 38, United States Code, is 
amended--
            (1) by striking the section heading and subsections (a) and 
        (b) and inserting the following:
``Sec. 3020. Authority to transfer unused education benefits to family 
              members for career service members
    ``(a) In General.--Subject to the provisions of this section, the 
Secretary of Defense may authorize the Secretary concerned, to promote 
recruitment and retention of members of the Armed Forces, to permit an 
individual described in subsection (b) who is entitled to basic 
educational assistance under this subchapter to elect to transfer to 
one or more of the dependents specified in subsection (c) the unused 
portion of entitlement to such assistance, subject to the limitation 
under subsection (d).
    ``(b) Eligible Individuals.--An individual referred to in 
subsection (a) is any member of the Armed Forces--
            ``(1) who, while serving on active duty or as a member of 
        the Selected Reserve at the time of the approval by the 
        Secretary concerned of the member's request to transfer 
        entitlement to basic educational assistance under this section, 
        has completed six years of service in the Armed Forces and 
        enters into an agreement to serve at least four more years as a 
        member of the Armed Forces; or
            ``(2) as determined in regulations pursuant to subsection 
        (k).'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) Limitation on Months of Transfer.--(1) An individual approved 
to transfer an entitlement to basic educational assistance under this 
section may transfer any unused entitlement to one or more of the 
dependents specified in subsection (c).
    ``(2) The total number of months of entitlement transferred by an 
individual under this section may not exceed 36 months. The Secretary 
of Defense may prescribe regulations that would limit the months of 
entitlement that may be transferred under this section to no less than 
18 months.'';
            (3) in subsection (f)(1) by striking ``without regard to 
        whether'' and inserting ``only while''; and
            (4) in subsection (f)(2) by inserting ``as long as the 
        individual is serving on active duty or as a member of the 
        Selected Reserve'' after ``so transferred'';
            (5) by adding at the end of subsection (f) the following:
    ``(3) Entitlement transferred under this section may not be treated 
as marital property, or the asset of a marital estate, subject to 
division in a divorce or other civil proceeding.'';
            (6) in subsection (h)(5) by inserting ``may use the benefit 
        without regard to the 10-year delimiting date, but'' after 
        ``under this section''; and
            (7) by striking subsection (k) and inserting the following:
    ``(k) Regulations.--The Secretary of Defense, in coordination with 
the Secretary of Veterans Affairs, shall prescribe regulations for 
purposes of this section. Such regulations shall specify--
            ``(1) the manner of authorizing the military departments to 
        offer transfer of entitlements under this section;
            ``(2) the eligibility criteria in accordance with 
        subsection (b);
            ``(3) the limitations on the amount of entitlement eligible 
        to be transferred; and
            ``(4) the manner and effect of an election to modify or 
        revoke a transfer of entitlement under subsection (f)(2).''.
    (b) Authority to Transfer Montgomery GI Bill for the Selected 
Reserve Benefits to a Dependent.--Chapter 1606 of title 10, United 
States Code, is amended by inserting after section 16132 the following:
``Sec. 16132a. Authority to transfer unused education benefits to 
              family members
    ``(a) In General.--Subject to regulation prescribed by the 
Secretary of Defense, the Secretary concerned may permit a member 
described in subsection (b) who is entitled to basic educational 
assistance under this chapter to elect to transfer to one or more of 
the dependents specified in subsection (c) a portion of such member's 
entitlement to such assistance, subject to the limitation under 
subsection (d).
    ``(b) Eligible Members.--A member referred to in subsection (a) is 
a member of the Selected Reserve of the Ready Reserve who, at the time 
of the approval of the member's request to transfer entitlement to 
basic educational assistance under this section, has completed--
            ``(1) at least six years of service in the Selected Reserve 
        and enters into an agreement to service at least four more 
        years as a member of the armed forces; or
            ``(2) the years of service as determined in regulations 
        pursuant to subsection (j).
    ``(c) Eligible Dependents.--A member approved to transfer an 
entitlement to basic educational assistance under this section may 
transfer the member's entitlement as follows:
            ``(1) To the member's spouse.
            ``(2) To one or more of the member's children.
            ``(3) To a combination of the individuals referred to in 
        paragraphs (1) and (2).
    ``(d) Limitation on Months of Transfer.--The total number of months 
of entitlement transferred by a member under this section may not 
exceed 36 months. The Secretary of Defense may prescribe regulations 
that would limit the months of entitlement that may be transferred 
under this section to no less than 18 months.
    ``(e) Designation of Transferee.--A member transferring an 
entitlement to basic educational assistance under this section shall--
            ``(1) designate the dependent or dependents to whom such 
        entitlement is being transferred;
            ``(2) designate the number of months of such entitlement to 
        be transferred to each such dependent; and
            ``(3) specify the period for which the transfer shall be 
        effective for each dependent designated under paragraph (1).
    ``(f) Time for Transfer; Revocation and Modification.--(1) Subject 
to the time limitation for use of entitlement under section 16133, a 
member approved to transfer entitlement to basic educational assistance 
under this section may transfer such entitlement at any time after the 
approval of the member's request to transfer such entitlement.
    ``(2) A member transferring entitlement under this section may 
modify or revoke at any time the transfer of any unused portion of the 
entitlement so transferred. The modification or revocation of the 
transfer of entitlement under this paragraph shall be made by the 
submittal of written notice of the action to both the Secretary 
concerned and the Secretary of Veterans Affairs.
    ``(3) Entitlement transferred under this section may not be treated 
as marital property, or the asset of a marital estate, subject to 
division in a divorce or other civil proceeding.
    ``(g) Commencement of Use.--A dependent to whom entitlement to 
basic educational assistance is transferred under this section may not 
commence the use of the transferred entitlement until--
            ``(1) in the case of entitlement transferred to a spouse, 
        the completion by the member making the transfer of at least--
                    ``(A) six years of service in the armed forces; or
                    ``(B) the years of service as determined in 
                regulations pursuant to subsection (j); or
            ``(2) in the case of entitlement transferred to a child, 
        both--
                    ``(A) the completion by the member making the 
                transfer of at least--
                            ``(i) ten years of service in the armed 
                        forces; or
                            ``(ii) the years of service as determined 
                        in regulations pursuant to subsection (j); and
                    ``(B) either--
                            ``(i) the completion by the child of the 
                        requirements of a secondary school diploma (or 
                        equivalency certificate); or
                            ``(ii) the attainment by the child of 18 
                        years of age.
    ``(h) Additional Administrative Matters.--(1) The use of any 
entitlement to basic educational assistance transferred under this 
section shall be charged against the entitlement of the member making 
the transfer at the rate of one month for each month of transferred 
entitlement that is used.
    ``(2) Except as provided under subsection (e)(2) and subject to 
paragraphs (5) and (6), a dependent to whom entitlement is transferred 
under this section is entitled to basic educational assistance under 
this chapter in the same manner as the member from whom the entitlement 
was transferred.
    ``(3) The monthly rate of educational assistance payable to a 
dependent to whom entitlement is transferred under this section shall 
be the monthly amount payable under sections 16131 and 16131a to the 
member making the transfer.
    ``(4) The death of a member transferring an entitlement under this 
section shall not affect the use of the entitlement by the dependent to 
whom the entitlement is transferred.
    ``(5) The involuntary separation or retirement of the member--
            ``(A) because of a nondiscretionary provision of law for 
        age or years of service;
            ``(B) because of a policy prescribed by the Secretary 
        concerned mandating such separation or retirement based solely 
        on age or years of service for the prescribed pay grade of an 
        enlisted member;
            ``(C) under section 16133(b); or
            ``(D) because of medical disqualification which is not the 
        result of gross negligence or misconduct of the member,
shall not affect the use of entitlement by the dependent to whom the 
entitlement is transferred.
    ``(6) A child to whom entitlement is transferred under this section 
may not use any entitlement so transferred after attaining the age of 
26 years.
    ``(7) The administrative provisions of this chapter shall apply to 
the use of entitlement transferred under this section, except that the 
dependent to whom the entitlement is transferred shall be treated as 
the eligible member for purposes of such provisions.
    ``(8) The purposes for which a dependent to whom entitlement is 
transferred under this section may use such entitlement shall include 
the pursuit and completion of the requirements of a secondary school 
diploma (or equivalency certificate).
    ``(i) Overpayment.--(1) In the event of an overpayment of basic 
educational assistance with respect to a dependent to whom entitlement 
is transferred under this section, the dependent and the member making 
the transfer shall be jointly and severally liable to the United States 
for the amount of the overpayment for purposes of section 3685 of title 
38.
    ``(2) Except as provided in paragraph (3), if a member's whose 
eligibility is terminated under section 16134(2), the amount of any 
transferred entitlement under this section that is used by a dependent 
of the member as of the date of such termination shall be treated as an 
overpayment of basic educational assistance under paragraph (1).
    ``(3) Paragraph (2) shall not apply in the case of a member who 
fails to complete service agreed to by the member--
            ``(A) by reason of the death of the member; or
            ``(B) for a reason referred to in section 16133(b).
    ``(j) Regulations.--The Secretary of Defense, in consultation with 
the Secretary of Veterans Affairs, shall prescribe regulations for 
purposes of this section. Such regulations shall specify--
            ``(1) the manner of authorizing the military departments to 
        offer transfer of entitlements under this section;
            ``(2) the eligibility criteria in accordance with 
        subsection (b);
            ``(3) the manner and effect of an election to modify or 
        revoke a transfer of entitlement under subsection (f)(2); and
            ``(4) the manner in which the provisions referred to in 
        subsections (h)(4) and (5) shall be administered with respect 
        to a dependent to whom entitlement is transferred under this 
        section.''.
    (c) Authority to Transfer Reserve Educational Assistance Program 
Benefits to a Dependent.--Chapter 1607 of such title is amended by 
inserting after section 16163 the following:
``Sec. 16163a. Authority to transfer unused education benefits to 
              family members
    ``(a) In General.--Subject to the provisions of this section, the 
Secretary concerned may permit, at such Secretary's sole discretion, a 
member described in subsection (b) who is entitled to basic educational 
assistance under this chapter to elect to transfer to one or more of 
the dependents specified in subsection (c) a portion of such member's 
entitlement to such assistance, subject to the limitation under 
subsection (d).
    ``(b) Eligible Members.--A member referred to in subsection (a) is 
a member of the armed forces who, at the time of the approval of the 
member's request to transfer entitlement to basic educational 
assistance under this section, has completed at least--
            ``(1) six years of service in the armed forces and enters 
        into an agreement to serve at least four more years as a member 
        of the armed forces; or
            ``(2) the years of service as determined in regulations 
        pursuant to section (j).
    ``(c) Eligible Dependents.--A member approved to transfer an 
entitlement to basic educational assistance under this section may 
transfer the member's entitlement as follows:
            ``(1) To the member's spouse.
            ``(2) To one or more of the member's children.
            ``(3) To a combination of the individuals referred to in 
        paragraphs (1) and (2).
    ``(d) Limitation on Months of Transfer.--The total number of months 
of entitlement transferred by a member under this section may not 
exceed 36 months. The Secretary of Defense may prescribe regulations 
that would limit the months of entitlement that may be transferred 
under this section to no less than 18 months.
    ``(e) Designation of Transferee.--A member transferring an 
entitlement to basic educational assistance under this section shall--
            ``(1) designate the dependent or dependents to whom such 
        entitlement is being transferred;
            ``(2) designate the number of months of such entitlement to 
        be transferred to each such dependent; and
            ``(3) specify the period for which the transfer shall be 
        effective for each dependent designated under paragraph (1).
    ``(f) Time for Transfer; Revocation and Modification.--(1) Subject 
to the time limitation for use of entitlement under section 16164, a 
member approved to transfer entitlement to basic educational assistance 
under this section may transfer such entitlement only while serving as 
a member of the armed forces when the transfer is executed.
    ``(2) A member transferring entitlement under this section may 
modify or revoke at any time the transfer of any unused portion of the 
entitlement so transferred. The modification or revocation of the 
transfer of entitlement under this paragraph shall be made by the 
submittal of written notice of the action to both the Secretary 
concerned and the Secretary of Veterans Affairs.
    ``(3) Entitlement transferred under this section may not be treated 
as marital property, or the asset of a marital estate, subject to 
division in a divorce or other civil proceeding.
    ``(g) Commencement of Use.--A dependent to whom entitlement to 
basic educational assistance is transferred under this section may not 
commence the use of the transferred entitlement until--
            ``(1) in the case of entitlement transferred to a spouse, 
        the completion by the member making the transfer of at least--
                    ``(A) six years of service in the armed forces; or
                    ``(B) the years of service as determined in 
                regulations pursuant to subsection (j); or
            ``(2) in the case of entitlement transferred to a child, 
        both--
                    ``(A) the completion by the member making the 
                transfer of at least--
                            ``(i) ten years of service in the armed 
                        forces; or
                            ``(ii) the years of service as determined 
                        in regulations pursuant to subsection (j); and
                    ``(B) either--
                            ``(i) the completion by the child of the 
                        requirements of a secondary school diploma (or 
                        equivalency certificate); or
                            ``(ii) the attainment by the child of 18 
                        years of age.
    ``(h) Additional Administrative Matters.--(1) The use of any 
entitlement to basic educational assistance transferred under this 
section shall be charged against the entitlement of the member making 
the transfer at the rate of one month for each month of transferred 
entitlement that is used.
    ``(2) Except as provided under subsection (e)(2) and subject to 
paragraphs (5) and (6), a dependent to whom entitlement is transferred 
under this section is entitled to basic educational assistance under 
this chapter in the same manner as the member from whom the entitlement 
was transferred.
    ``(3) The monthly rate of educational assistance payable to a 
dependent to whom entitlement is transferred under this section shall 
be the monthly amount payable under sections 16162 and 16162a to the 
member making the transfer.
    ``(4) The death of a member transferring an entitlement under this 
section shall not affect the use of the entitlement by the dependent to 
whom the entitlement is transferred.
    ``(5) Notwithstanding section 16164(a)(2), a child to whom 
entitlement is transferred under this section may use the benefit 
without regard to the 10-year delimiting date, but may not use any 
entitlement so transferred after attaining the age of 26 years.
    ``(6) The administrative provisions of this chapter shall apply to 
the use of entitlement transferred under this section, except that the 
dependent to whom the entitlement is transferred shall be treated as 
the eligible member for purposes of such provisions.
    ``(7) The purposes for which a dependent to whom entitlement is 
transferred under this section may use such entitlement shall include 
the pursuit and completion of the requirements of a secondary school 
diploma (or equivalency certificate).
    ``(i) Overpayment.--
            ``(1) Joint and several liability.--In the event of an 
        overpayment of basic educational assistance with respect to a 
        dependent to whom entitlement is transferred under this 
        section, the dependent and the member making the transfer shall 
        be jointly and severally liable to the United States for the 
        amount of the overpayment for purposes of section 3685 of title 
        38.
            ``(2) Failure to complete service agreement.--Except as 
        provided in paragraph (3), if an individual transferring 
        entitlement under this section fails to complete the service 
        agreed to by the individual under subsection (b)(1) in 
        accordance with the terms of the agreement of the individual 
        under that subsection, the amount of any transferred 
        entitlement under this section that is used by a dependent of 
        the individual as of the date of such failure shall be treated 
        as an overpayment of educational assistance under paragraph 
        (1).
            ``(3) Paragraph (2) shall not apply in the case of an 
        individual who fails to complete service agreed to by the 
        individual--
                    ``(A) by reason of the death of the individual; or
                    ``(B) for a reason referred to in section 16133(b).
    ``(j) Regulations.--(1) The Secretary of Defense, in coordination 
with the Secretary of Veterans Affairs, shall prescribe regulations for 
purposes of this section.
    ``(2) Such regulations shall specify--
            ``(A) the manner of authorizing the transfer of 
        entitlements under this section;
            ``(B) the eligibility criteria in accordance with 
        subsection (b); and
            ``(C) the manner and effect of an election to modify or 
        revoke a transfer of entitlement under subsection (f)(2).
    ``(k) Secretary Concerned Defined.--For purposes of this section, 
the term `Secretary concerned' has the meaning given in section 
101(a)(9) in the case of a member of the armed forces.''.
    (d) Conforming Amendments.--Section 16133(a) of title 10, United 
States Code, is amended by striking ``(1)'' and all that follows 
through the period at the end of the subsection and inserting ``on the 
date the person is separated from the Selected Reserve.''.
    (e) Clerical Amendments.--(1) The table of sections at the 
beginning of chapter 30 of title 38, United States Code, is amended by 
striking the item relating to section 3020 and inserting the following 
new item:

``3020. Authority to transfer unused education benefits to family 
                            members of career service members.''.
    (2) The table of sections at the beginning of chapter 1606 of title 
10, United States Code, is amended by inserting after the item relating 
to section 16132 the following new item:

``16132a. Authority to transfer unused education benefits to family 
                            members.''.
    (3) The table of sections at the beginning of chapter 1607 of such 
title is amended by inserting after the item relating to section 16163 
the following new item:

``16163a. Authority to transfer unused education benefits to family 
                            members.''.

  TITLE VI--ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT CONTRACTING

             CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE

                              short title

    Sec. 6101.  This chapter may be cited as the ``Close the Contractor 
Fraud Loophole Act''.

             revision of the federal acquisition regulation

    Sec. 6102.  The Federal Acquisition Regulation shall be amended 
within 180 days after the date of the enactment of this Act pursuant to 
FAR Case 2007-006 (as published at 72 Fed Reg. 64019, November 14, 
2007) or any follow-on FAR case to include provisions that require 
timely notification by Federal contractors of violations of Federal 
criminal law or overpayments in connection with the award or 
performance of covered contracts or subcontracts, including those 
performed outside the United States and those for commercial items.

                               definition

    Sec. 6103.  In this chapter, the term ``covered contract'' means 
any contract in an amount greater than $5,000,000 and more than 120 
days in duration.

               CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY

                              short title

    Sec. 6201.  This chapter may be cited as the ``Government Funding 
Transparency Act of 2008''.

  financial disclosure requirements for certain recipients of federal 
                                 awards

    Sec. 6202.  (a) Disclosure Requirements.--Section 2(b)(1) of the 
Federal Funding Accountability and Transparency Act (Public Law 109-
282; 31 U.S.C. 6101 note) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F) the names and total compensation of the five 
                most highly compensated officers of the entity if--
                            ``(i) the entity in the preceding fiscal 
                        year received--
                                    ``(I) 80 percent or more of its 
                                annual gross revenues in Federal 
                                awards; and
                                    ``(II) $25,000,000 or more in 
                                annual gross revenues from Federal 
                                awards; and
                            ``(ii) the public does not have access to 
                        information about the compensation of the 
                        senior executives of the entity through 
                        periodic reports filed under section 13(a) or 
                        15(d) of the Securities Exchange Act of 1934 
                        (15 U.S.C. 78m(a), 78o(d)) or section 6104 of 
                        the Internal Revenue Code of 1986.''.
    (b) Regulations Required.--The Director of the Office of Management 
and Budget shall promulgate regulations to implement the amendment made 
by this chapter. Such regulations shall include a definition of ``total 
compensation'' that is consistent with regulations of the Securities 
and Exchange Commission at section 402 of part 229 of title 17 of the 
Code of Federal Regulations (or any subsequent regulation).

                     TITLE VII--MEDICAID PROVISIONS

    Sec. 7001. (a) Moratoria on Certain Medicaid Regulations.--
            (1) Extension of certain moratoria in public law 110-28.--
        Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' Care, 
        Katrina Recovery, and Iraq Accountability Appropriations Act, 
        2007 (Public Law 110-28) is amended--
                    (A) by striking ``prior to the date that is 1 year 
                after the date of enactment of this Act'' and inserting 
                ``prior to April 1, 2009'';
                    (B) in subparagraph (A), by inserting after 
                ``Federal Regulations)'' the following: ``or in the 
                final regulation, relating to such parts, published on 
                May 29, 2007 (72 Federal Register 29748) and determined 
                by the United States District Court for the District of 
                Columbia to have been `improperly promulgated', Alameda 
                County Medical Center, et al., v. Leavitt, et al., 
                Civil Action No. 08-0422, Mem. at 4 (D.D.C. May 23, 
                2008)''; and
                    (C) in subparagraph (C), by inserting before the 
                period at the end the following: ``, including the 
                proposed regulation published on May 23, 2007 (72 
                Federal Register 28930)''.
            (2) Extension of certain moratoria in public law 110-173.--
        Section 206 of the Medicare, Medicaid, and SCHIP Extension Act 
        of 2007 (Public Law 110-173) is amended--
                    (A) by striking ``June 30, 2008'' and inserting 
                ``April 1, 2009'';
                    (B) by inserting ``, including the proposed 
                regulation published on August 13, 2007 (72 Federal 
                Register 45201),'' after ``rehabilitation services''; 
                and
                    (C) by inserting ``, including the final regulation 
                published on December 28, 2007 (72 Federal Register 
                73635),'' after ``school-based transportation''.
            (3) Additional moratoria.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the Secretary of Health and Human 
                Services shall not, prior to April 1, 2009, take any 
                action (through promulgation of regulation, issuance of 
                regulatory guidance, use of Federal payment audit 
                procedures, or other administrative action, policy, or 
                practice, including a Medical Assistance Manual 
                transmittal or letter to State Medicaid directors) to 
                impose any restrictions relating to a provision 
                described in subparagraph (B) or (C) if such 
                restrictions are more restrictive in any aspect than 
                those applied to the respective provision as of the 
                date specified in subparagraph (D) for such provision.
                    (B) Portion of interim final regulation relating to 
                medicaid treatment of optional case management 
                services.--
                            (i) In general.--Subject to clause (ii), 
                        the provision described in this subparagraph is 
                        the interim final regulation relating to 
                        optional State plan case management services 
                        under the Medicaid program published on 
                        December 4, 2007 (72 Federal Register 68077) in 
                        its entirety.
                            (ii) Exception.--The provision described in 
                        this subparagraph does not include the portion 
                        of such regulation as relates directly to 
                        implementing section 1915(g)(2)(A)(ii) of the 
                        Social Security Act, as amended by section 6052 
                        of the Deficit Reduction Act of 2005 (Public 
                        Law 109-171), through the definition of case 
                        management services and targeted case 
                        management services contained in proposed 
                        section 440.169 of title 42, Code of Federal 
                        Regulations, but only to the extent that such 
                        portion is not more restrictive than the 
                        policies set forth in the Dear State Medicaid 
                        Director letter on case management issued on 
                        January 19, 2001 (SMDL #01-013), and with 
                        respect to community transition case 
                        management, the Dear State Medicaid Director 
                        letter issued on July 25, 2000 (Olmstead Update 
                        3).
                    (C) Portion of proposed regulation relating to 
                medicaid allowable provider taxes.--
                            (i) In general.--Subject to clause (ii), 
                        the provision described in this subparagraph is 
                        the final regulation relating to health-care-
                        related taxes under the Medicaid program 
                        published on February 22, 2008 (73 Federal 
                        Register 9685) in its entirety.
                            (ii) Exception.--The provision described in 
                        this subparagraph does not include the portions 
                        of such regulation as relate to the following:
                                    (I) Reduction in threshold.--The 
                                reduction from 6 percent to 5.5 percent 
                                in the threshold applied under section 
                                433.68(f)(3)(i) of title 42, Code of 
                                Federal Regulations, for determining 
                                whether or not there is an indirect 
                                guarantee to hold a taxpayer harmless, 
                                as required to carry out section 
                                1903(w)(4)(C)(ii) of the Social 
                                Security Act, as added by section 403 
                                of the Medicare Improvement and 
                                Extension Act of 2006 (division B of 
                                Public Law 109-432).
                                    (II) Change in definition of 
                                managed care.--The change in the 
                                definition of managed care as proposed 
                                in the revision of section 433.56(a)(8) 
                                of title 42, Code of Federal 
                                Regulations, as required to carry out 
                                section 1903(w)(7)(A)(viii) of the 
                                Social Security Act, as amended by 
                                section 6051 of the Deficit Reduction 
                                Act of 2005 (Public Law 109-171).
                    (D) Date specified.--The date specified in this 
                subparagraph for the provision described in--
                            (i) subparagraph (B) is December 3, 2007; 
                        or
                            (ii) subparagraph (C) is February 21, 2008.
    (b) Funds to Reduce Medicaid Fraud and Abuse.--
            (1) In general.--For purposes of reducing fraud and abuse 
        in the Medicaid program under title XIX of the Social Security 
        Act--
                    (A) there is appropriated to the Office of the 
                Inspector General of the Department of Health and Human 
                Services, out of any money in the Treasury not 
                otherwise appropriated, $25,000,000, for fiscal year 
                2009; and
                    (B) there is authorized to be appropriated to such 
                Office $25,000,000 for fiscal year 2010 and each 
                subsequent fiscal year.
        Amounts appropriated under this section shall remain available 
        for expenditure until expended and shall be in addition to any 
        other amounts appropriated or made available to such Office for 
        such purposes with respect to the Medicaid program.
            (2) Annual report.--Not later than September 30 of 2009 and 
        of each subsequent year, the Inspector General of the 
        Department of Health and Human Services shall submit to the 
        Committees on Energy and Commerce and Appropriations of the 
        House of Representatives and the Committees on Finance and 
        Appropriations of the Senate a report on the activities (and 
        the results of such activities) funded under paragraph (1) to 
        reduce waste, fraud, and abuse in the Medicaid program under 
        title XIX of the Social Security Act during the previous 12 
        month period, including the amount of funds appropriated under 
        such paragraph for each such activity and an estimate of the 
        savings to the Medicaid program resulting from each such 
        activity.
    (c) Study and Reports to Congress.--
            (1) Secretarial report identifying problems.--Not later 
        than January 1, 2009, the Secretary of Health and Human 
        Services shall submit to the Committee on Energy and Commerce 
        of the House of Representatives and the Committee on Finance of 
        the Senate a report that--
                    (A) outlines the specific problems the Medicaid 
                regulations referred to in the amendments made by 
                paragraphs (1) and (2) of subsection (a) were intended 
                to address;
                    (B) details how these regulations were designed to 
                address these specific problems; and
                    (C) cites the legal authority for such regulations.
            (2) Independent comprehensive study and report.--
                    (A) In general.--Not later than January 1, 2009, 
                the Secretary of Health and Human Services shall enter 
                into a contract with an independent organization for 
                the purpose of--
                            (i) producing a comprehensive report on the 
                        prevalence of the problems outlined in the 
                        report submitted under paragraph (1);
                            (ii) identifying strategies in existence to 
                        address these problems; and
                            (iii) assessing the impact of each 
                        regulation referred to in such paragraph on 
                        each State and the District of Columbia.
                    (B) Additional matter.--The report under 
                subparagraph (A) shall also include--
                            (i) an identification of which claims for 
                        items and services (including administrative 
                        activities) under title XIX of the Social 
                        Security Act are not processed through systems 
                        described in section 1903(r) of such Act;
                            (ii) an examination of the reasons why 
                        these claims for such items and services are 
                        not processed through such systems; and
                            (iii) recommendations on actions by the 
                        Federal government and the States that can make 
                        claims for such items and services more 
                        accurate and complete consistent with such 
                        title.
                    (C) Deadline.--The report under subparagraph (A) 
                shall be submitted to the Committee on Energy and 
                Commerce of the House of Representatives and the 
                Committee on Finance of the Senate not later than 
                September 1, 2009.
                    (D) Cooperation of states.--If the Secretary of 
                Health and Human Services determines that a State or 
                the District of Columbia has not cooperated with the 
                independent organization for purposes of the report 
                under this paragraph, the Secretary shall reduce the 
                amount paid to the State or District under section 
                1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) 
                by $25,000 for each day on which the Secretary 
                determines such State or District has not so 
                cooperated. Such reduction shall be made through a 
                process that permits the State or District to challenge 
                the Secretary's determination.
            (3) Funding.--
                    (A) In general.--Out of any money in the Treasury 
                of the United States not otherwise appropriated, there 
                are appropriated to the Secretary without further 
                appropriation, $5,000,000 to carry out this subsection.
                    (B) Availability; amounts in addition to other 
                amounts appropriated for such activities.--Amounts 
                appropriated pursuant to subparagraph (A) shall--
                            (i) remain available until expended; and
                            (ii) be in addition to any other amounts 
                        appropriated or made available to the Secretary 
                        of Health and Human Services with respect to 
                        the Medicaid program.
    (d) Asset Verification Through Access to Information Held by 
Financial Institutions.--
            (1) Addition of authority.--Title XIX of the Social 
        Security Act is amended by inserting after section 1939 the 
        following new section:

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

    ``Sec. 1940.  (a) Implementation.--
            ``(1) In general.--Subject to the provisions of this 
        section, each State shall implement an asset verification 
        program described in subsection (b), for purposes of 
        determining or redetermining the eligibility of an individual 
        for medical assistance under the State plan under this title.
            ``(2) Plan submittal.--In order to meet the requirement of 
        paragraph (1), each State shall--
                    ``(A) submit not later than a deadline specified by 
                the Secretary consistent with paragraph (3), a State 
                plan amendment under this title that describes how the 
                State intends to implement the asset verification 
                program; and
                    ``(B) provide for implementation of such program 
                for eligibility determinations and redeterminations 
                made on or after 6 months after the deadline 
                established for submittal of such plan amendment.
            ``(3) Phase-in.--
                    ``(A) In general.--
                            ``(i) Implementation in current asset 
                        verification demo states.--The Secretary shall 
                        require those States specified in subparagraph 
                        (C) (to which an asset verification program has 
                        been applied before the date of the enactment 
                        of this section) to implement an asset 
                        verification program under this subsection by 
                        the end of fiscal year 2009.
                            ``(ii) Implementation in other states.--The 
                        Secretary shall require other States to submit 
                        and implement an asset verification program 
                        under this subsection in such manner as is 
                        designed to result in the application of such 
                        programs, in the aggregate for all such other 
                        States, to enrollment of approximately, but not 
                        less than, the following percentage of 
                        enrollees, in the aggregate for all such other 
                        States, by the end of the fiscal year involved:
                                    ``(I) 12.5 percent by the end of 
                                fiscal year 2009.
                                    ``(II) 25 percent by the end of 
                                fiscal year 2010.
                                    ``(III) 50 percent by the end of 
                                fiscal year 2011.
                                    ``(IV) 75 percent by the end of 
                                fiscal year 2012.
                                    ``(V) 100 percent by the end of 
                                fiscal year 2013.
                    ``(B) Consideration.--In selecting States under 
                subparagraph (A)(ii), the Secretary shall consult with 
                the States involved and take into account the 
                feasibility of implementing asset verification programs 
                in each such State.
                    ``(C) States specified.--The States specified in 
                this subparagraph are California, New York, and New 
                Jersey.
                    ``(D) Construction.--Nothing in subparagraph 
                (A)(ii) shall be construed as preventing a State from 
                requesting, and the Secretary from approving, the 
                implementation of an asset verification program in 
                advance of the deadline otherwise established under 
                such subparagraph.
            ``(4) Exemption of territories.--This section shall only 
        apply to the 50 States and the District of Columbia.
    ``(b) Asset Verification Program.--
            ``(1) In general.--For purposes of this section, an asset 
        verification program means a program described in paragraph (2) 
        under which a State--
                    ``(A) requires each applicant for, or recipient of, 
                medical assistance under the State plan under this 
                title on the basis of being aged, blind, or disabled to 
                provide authorization by such applicant or recipient 
                (and any other person whose resources are required by 
                law to be disclosed to determine the eligibility of the 
                applicant or recipient for such assistance) for the 
                State to obtain (subject to the cost reimbursement 
                requirements of section 1115(a) of the Right to 
                Financial Privacy Act but at no cost to the applicant 
                or recipient) from any financial institution (within 
                the meaning of section 1101(1) of such Act) any 
                financial record (within the meaning of section 1101(2) 
                of such Act) held by the institution with respect to 
                the applicant or recipient (and such other person, as 
                applicable), whenever the State determines the record 
                is needed in connection with a determination with 
                respect to such eligibility for (or the amount or 
                extent of) such medical assistance; and
                    ``(B) uses the authorization provided under 
                subparagraph (A) to verify the financial resources of 
                such applicant or recipient (and such other person, as 
                applicable), in order to determine or redetermine the 
                eligibility of such applicant or recipient for medical 
                assistance under the State plan.
            ``(2) Program described.--A program described in this 
        paragraph is a program for verifying individual assets in a 
        manner consistent with the approach used by the Commissioner of 
        Social Security under section 1631(e)(1)(B)(ii).
    ``(c) Duration of Authorization.--Notwithstanding section 
1104(a)(1) of the Right to Financial Privacy Act, an authorization 
provided to a State under subsection (b)(1) shall remain effective 
until the earliest of--
            ``(1) the rendering of a final adverse decision on the 
        applicant's application for medical assistance under the 
        State's plan under this title;
            ``(2) the cessation of the recipient's eligibility for such 
        medical assistance; or
            ``(3) the express revocation by the applicant or recipient 
        (or such other person described in subsection (b)(1), as 
        applicable) of the authorization, in a written notification to 
        the State.
    ``(d) Treatment of Right to Financial Privacy Act Requirements.--
            ``(1) An authorization obtained by the State under 
        subsection (b)(1) shall be considered to meet the requirements 
        of the Right to Financial Privacy Act for purposes of section 
        1103(a) of such Act, and need not be furnished to the financial 
        institution, notwithstanding section 1104(a) of such Act.
            ``(2) The certification requirements of section 1103(b) of 
        the Right to Financial Privacy Act shall not apply to requests 
        by the State pursuant to an authorization provided under 
        subsection (b)(1).
            ``(3) A request by the State pursuant to an authorization 
        provided under subsection (b)(1) is deemed to meet the 
        requirements of section 1104(a)(3) of the Right to Financial 
        Privacy Act and of section 1102 of such Act, relating to a 
        reasonable description of financial records.
    ``(e) Required Disclosure.--The State shall inform any person who 
provides authorization pursuant to subsection (b)(1)(A) of the duration 
and scope of the authorization.
    ``(f) Refusal or Revocation of Authorization.--If an applicant for, 
or recipient of, medical assistance under the State plan under this 
title (or such other person described in subsection (b)(1), as 
applicable) refuses to provide, or revokes, any authorization made by 
the applicant or recipient (or such other person, as applicable) under 
subsection (b)(1)(A) for the State to obtain from any financial 
institution any financial record, the State may, on that basis, 
determine that the applicant or recipient is ineligible for medical 
assistance.
    ``(g) Use of Contractor.--For purposes of implementing an asset 
verification program under this section, a State may select and enter 
into a contract with a public or private entity meeting such criteria 
and qualifications as the State determines appropriate, consistent with 
requirements in regulations relating to general contracting provisions 
and with section 1903(i)(2). In carrying out activities under such 
contract, such an entity shall be subject to the same requirements and 
limitations on use and disclosure of information as would apply if the 
State were to carry out such activities directly.
    ``(h) Technical Assistance.--The Secretary shall provide States 
with technical assistance to aid in implementation of an asset 
verification program under this section.
    ``(i) Reports.--A State implementing an asset verification program 
under this section shall furnish to the Secretary such reports 
concerning the program, at such times, in such format, and containing 
such information as the Secretary determines appropriate.
    ``(j) Treatment of Program Expenses.--Notwithstanding any other 
provision of law, reasonable expenses of States in carrying out the 
program under this section shall be treated, for purposes of section 
1903(a), in the same manner as State expenditures specified in 
paragraph (7) of such section.''.
            (2) State plan requirements.--Section 1902(a) of such Act 
        (42 U.S.C. 1396a(a)) is amended--
                    (A) in paragraph (69) by striking ``and'' at the 
                end;
                    (B) in paragraph (70) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by inserting after paragraph (70), as so 
                amended, the following new paragraph:
            ``(71) provide that the State will implement an asset 
        verification program as required under section 1940.''.
            (3) Withholding of federal matching payments for 
        noncompliant states.--Section 1903(i) of such Act (42 U.S.C. 
        1396b(i)) is amended--
                    (A) in paragraph (22) by striking ``or'' at the 
                end;
                    (B) in paragraph (23) by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding after paragraph (23) the following 
                new paragraph:
            ``(24) if a State is required to implement an asset 
        verification program under section 1940 and fails to implement 
        such program in accordance with such section, with respect to 
        amounts expended by such State for medical assistance for 
        individuals subject to asset verification under such section, 
        unless--
                    ``(A) the State demonstrates to the Secretary's 
                satisfaction that the State made a good faith effort to 
                comply;
                    ``(B) not later than 60 days after the date of a 
                finding that the State is in noncompliance, the State 
                submits to the Secretary (and the Secretary approves) a 
                corrective action plan to remedy such noncompliance; 
                and
                    ``(C) not later than 12 months after the date of 
                such submission (and approval), the State fulfills the 
                terms of such corrective action plan.''.
            (4) Repeal.--Section 4 of Public Law 110-90 is repealed.
    Sec. 7002. (a) Medicare Improvement Fund.-- Title XVIII of the 
Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at 
the end the following new section:

                      ``medicare improvement fund

    ``Sec. 1898.  (a) Establishment.--The Secretary shall establish 
under this title a Medicare Improvement Fund (in this section referred 
to as the `Fund') which shall be available to the Secretary to make 
improvements under the original fee-for-service program under parts A 
and B for individuals entitled to, or enrolled for, benefits under part 
A or enrolled under part B.
    ``(b) Funding.--
            ``(1) In general.--There shall be available to the Fund, 
        for expenditures from the Fund for services furnished during 
        fiscal year 2014, $2,220,000,000.
            ``(2) Payment from trust funds.--The amount specified under 
        paragraph (1) shall be available to the Fund, as expenditures 
        are made from the Fund, from the Federal Hospital Insurance 
        Trust Fund and the Federal Supplementary Medical Insurance 
        Trust Fund in such proportion as the Secretary determines 
        appropriate.
            ``(3) Funding limitation.--Amounts in the Fund shall be 
        available in advance of appropriations but only if the total 
        amount obligated from the Fund does not exceed the amount 
        available to the Fund under paragraph (1). The Secretary may 
        obligate funds from the Fund only if the Secretary determines 
        (and the Chief Actuary of the Centers for Medicare & Medicaid 
        Services and the appropriate budget officer certify) that there 
        are available in the Fund sufficient amounts to cover all such 
        obligations incurred consistent with the previous sentence.''.
    (b) Medicaid Improvement Fund.-- Title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.), as amended by section 7001(d), is further 
amended by adding at the end the following new section:

                      ``medicaid improvement fund

    ``Sec. 1941.  (a) Establishment.--The Secretary shall establish 
under this title a Medicaid Improvement Fund (in this section referred 
to as the `Fund') which shall be available to the Secretary to improve 
the management of the Medicaid program by the Centers for Medicare & 
Medicaid Services, including oversight of contracts and contractors and 
evaluation of demonstration projects. Payments made for activities 
under this subsection shall be in addition to payments that would 
otherwise be made for such activities.
    ``(b) Funding.--
            ``(1) In general.--There shall be available to the Fund, 
        for expenditures from the Fund--
                    ``(A) for fiscal year 2014, $100,000,000; and
                    ``(B) for fiscal years 2015 through 2018, 
                $150,000,000.
            ``(2) Funding limitation.--Amounts in the Fund shall be 
        available in advance of appropriations but only if the total 
        amount obligated from the Fund does not exceed the amount 
        available to the Fund under paragraph (1). The Secretary may 
        obligate funds from the Fund only if the Secretary determines 
        (and the Chief Actuary of the Centers for Medicare & Medicaid 
        Services and the appropriate budget officer certify) that there 
        are available in the Fund sufficient amounts to cover all such 
        obligations incurred consistent with the previous sentence.''.
    (c) Adjustment to PAQI Fund.--Section 1848(l)(2) of the Social 
Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by section 101(a)(2) 
of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 
110-173), is amended--
            (1) in subparagraph (A)(i)--
                    (A) in subclause (III), by striking 
                ``$4,960,000,000'' and inserting ``$4,670,000,000''; 
                and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(IV) For expenditures during 
                                2014, an amount equal to 
                                $290,000,000.'';
            (2) in subparagraph (A)(ii), by adding at the end the 
        following new subclause:
                                    ``(IV) 2014.--The amount available 
                                for expenditures during 2014 shall only 
                                be available for an adjustment to the 
                                update of the conversion factor under 
                                subsection (d) for that year.''; and
            (3) in subparagraph (B)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(iv) 2014 for payment with respect to 
                        physicians' services furnished during 2014.''.

                TITLE VIII--GENERAL PROVISIONS, THIS ACT

                         availability of funds

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

                         emergency designation

    Sec. 8002.  Each amount in each title of this Act is designated as 
an emergency requirement and necessary to meet emergency needs pursuant 
to section 204(a) of S. Con. Res. 21 (110th Congress) and section 
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent 
resolutions on the budget for fiscal years 2008 and 2009.

                      reduction in defense amounts

    Sec. 8003.  Notwithstanding any other provision of this Act, the 
total amount appropriated in chapter 1 of title IX of this Act under 
the headings ``Procurement'', ``Research, Development, Test and 
Evaluation'', and ``Defense Working Capital Funds'' is hereby reduced 
by $3,577,845,000. Such reduction shall be applied proportionally to 
each appropriation account under such headings, and to each program, 
project, and activity within each such appropriation account.

                        joint basing initiatives

    Sec. 8004.  Section 9310 of this Act is amended by inserting ``, 
except funds deposited in the Department of Defense Base Closure 
Account 2005,'' after ``None of the funds available to the Department 
of Defense''.

                         defense health program

    Sec. 8005.  Amounts provided for ``Defense Health Program'' in 
Public Law 110-28 for Post Traumatic Stress Disorder and Traumatic 
Brain Injury (TBI) within operation and maintenance which remain 
available for obligation shall be made available for psychological 
health and traumatic brain injury.

                              short title

    Sec. 8006.  This Act may be cited as the ``Supplemental 
Appropriations Act, 2008''.

            Page 60 of the Senate engrossed amendment (of September 6, 
      2007) to H.R. 2642, strike lines 1 through 3.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H.R. 2642

_______________________________________________________________________

  HOUSE AMENDMENT TO SENATE AMENDMENTS TO HOUSE AMENDMENTS TO SENATE 
                               AMENDMENT
```