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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.,

                                                          May 15, 2008.
    Resolved, That the House agree 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 AMENDMENTS TO SENATE AMENDMENT:

(1)Page 60 of the Senate engrossed amendment, after line 3, insert the 
following:

              TITLE X--POLICY REGARDING OPERATIONS IN IRAQ

      sense of congress regarding united states military personnel

    Sec. 10001.  It is the sense of the Congress that the performance 
of United States military personnel should be commended, their courage 
and sacrifice have been exceptional, and when they come home, their 
service should be recognized appropriately.

         units deployed for combat to be fully mission capable

    Sec. 10002.  (a) The Congress finds that it is the policy of the 
Department of Defense that units should not be deployed for combat 
unless they are rated ``fully mission capable''.
    (b) None of the funds made available in this or any other Act may 
be used to deploy any unit of the Armed Forces to Iraq unless the 
President has certified in writing to the Committees on Appropriations 
and the Committees on Armed Services of the House of Representatives 
and the Senate at least 15 days in advance of the deployment that the 
unit is fully mission capable in advance of entry into Iraq.
    (c) For purposes of subsection (b), the term ``fully mission 
capable'' means capable of performing assigned mission essential tasks 
to the prescribed standards under the conditions expected in the 
theater of operation, consistent with the guidelines set forth in the 
DoD Directive 7730.65, Subject: Department of Defense Readiness 
Reporting System; the Interim Force Allocation Guidance to the Global 
Force Management Board, dated February 6, 2008; and Army Regulation 
220-1, Subject: Unit Status Reporting, dated December 19, 2006.
    (d) The President, by certifying in writing to the Committees on 
Appropriations and the Committees on Armed Services of the House of 
Representatives and the Senate that the deployment to Iraq of a unit 
that is not assessed mission capable is required for reasons of 
national security and by submitting along with the certification a 
report in classified and unclassified form detailing the particular 
reason or reasons why the unit's deployment is necessary despite the 
unit commander's assessment that the unit is not mission capable, may 
waive the limitations prescribed in subsection (b) on a unit-by-unit 
basis.

                    time limit on combat deployments

    Sec. 10003.  (a) The Congress finds that it is the policy of the 
Department of Defense that Army, Army Reserve, and National Guard units 
should not be deployed for combat beyond 365 days and that Marine Corps 
and Marine Corps Reserve units should not be deployed for combat beyond 
210 days.
    (b) None of the funds made available in this or any other Act may 
be obligated or expended to initiate the development of, continue the 
development of, or execute any order that has the effect of extending 
the deployment for Operation Iraqi Freedom of--
            (1) any unit of the Army, Army Reserve, or Army National 
        Guard beyond 365 days; or
            (2) any unit of the Marine Corps or Marine Corps Reserve 
        beyond 210 days.
    (c) The limitation prescribed in subsection (b) shall not be 
construed to require force levels in Iraq to be decreased below the 
total United States force levels in Iraq as of January 9, 2007.
    (d) The President may waive the limitations prescribed in 
subsection (b) on a unit-by-unit basis if the President certifies in 
writing to the Committees on Appropriations and the Committees on Armed 
Services of the House of Representatives and the Senate that the 
extension of a unit's deployment in Iraq beyond the period applicable 
to the unit under such subsection is required for reasons of national 
security. The certification shall include a report, in classified and 
unclassified form, detailing the particular reason or reasons why the 
unit's extended deployment is necessary.

                 dwell time between combat deployments

    Sec. 10004.  (a) The Congress finds that it is the policy of the 
Department of Defense that an Army, Army Reserve, or National Guard 
unit should not be redeployed for combat if the unit has been deployed 
within the previous 365 consecutive days and that a Marine Corps or 
Marine Corps Reserve unit should not be redeployed for combat if the 
unit has been deployed within the previous 210 days.
    (b) None of the funds made available in this or any other Act may 
be obligated or expended to initiate the development of, continue the 
development of, or execute any order that has the effect of deploying 
for Operation Iraqi Freedom of--
            (1) any unit of the Army, Army Reserve, or Army National 
        Guard if such unit has been deployed within the previous 365 
        consecutive days; or
            (2) any unit of the Marine Corps or Marine Corps Reserve if 
        such unit has been deployed within the previous 210 consecutive 
        days.
    (c) The limitation prescribed in subsection (b) shall not be 
construed to require force levels in Iraq to be decreased below the 
total United States force levels in Iraq as of January 9, 2007.
    (d) The President may waive the limitations prescribed in 
subsection (b) on a unit-by-unit basis if the President certifies in 
writing to the Committees on Appropriations and the Committees on Armed 
Services of the House of Representatives and the Senate that the 
redeployment of a unit to Iraq in advance of the expiration of the 
period applicable to the unit under such subsection is required for 
reasons of national security. The certification shall include a report, 
in classified and unclassified form, detailing the particular reason or 
reasons why the unit's early redeployment is necessary.

                 limitation on interrogation techniques

    Sec. 10005.  (a) No individual in the custody or under the 
effective control of an element of the intelligence community or 
instrumentality thereof, regardless of nationality or physical 
location, shall be subject to any treatment or technique of 
interrogation not authorized by the United States Army Field Manual on 
Human Intelligence Collector Operations.
    (b) In this section, the term ``instrumentality'', with respect to 
an element of the intelligence community, means a contractor or 
subcontractor at any tier of the element of the intelligence community.

     registration with the international committee of the red cross

    Sec. 10006.  (a) None of the funds appropriated or otherwise made 
available in this or any other Act may be used to detain any individual 
who is in the custody or under the effective control of an element of 
the intelligence community or an instrumentality thereof unless the 
International Committee of the Red Cross is provided notification of 
the detention of and access to such person in a timely manner and 
consistent with the practices of the Armed Forces of the United States.
    (b) For purposes of this section, the term ``instrumentality'', 
with respect to an element of the intelligence community, means a 
contractor or subcontractor at any tier of the element of the 
intelligence community.
    (c) Nothing in this section shall be construed to create or 
otherwise imply the authority to detain, or to limit or otherwise 
affect any other rights or obligations which may arise under the Geneva 
Conventions or other laws, or to state all of the situations under 
which notification to and access for the International Committee of the 
Red Cross is required or allowed.

                 prohibition of permanent bases in iraq

    Sec. 10007.  None of the funds appropriated or otherwise made 
available in this or any other Act may be obligated or expended by the 
United States Government for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control over any oil resource 
        of Iraq.

      limitation on defense agreements with the government of iraq

    Sec. 10008.  (a) None of the funds appropriated or otherwise made 
available in this or any other Act may be used to negotiate, enter 
into, or implement any agreement with the Government of Iraq that 
includes security assurances for mutual defense, unless the agreement--
            (1) is in the form of a treaty requiring the advice and 
        consent of the Senate (or is intended to take that form in the 
        case of an agreement under negotiation); or
            (2) is specifically authorized by a law enacted after the 
        date of enactment of this Act.
    (b) For purposes of this section, an agreement shall be considered 
to include security assurances for mutual defense if it includes 
provisions addressing any of the following:
            (1) A binding commitment to deploy United States Armed 
        Forces in defense of Iraq, or of any government or faction in 
        Iraq, against any foreign or domestic threat.
            (2) The number of United States Armed Forces personnel to 
        be deployed to, or stationed in, Iraq.
            (3) The mission of United States Armed Forces deployed to 
        Iraq.
            (4) The duration of the presence of United States Armed 
        Forces in Iraq.

  prohibition on agreements subjecting armed forces to iraqi criminal 
                              jurisdiction

    Sec. 10009.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to negotiate, enter 
into, or implement an agreement with the Government of Iraq that would 
subject members of the Armed Forces of the United States to the 
jurisdiction of Iraq criminal courts or punishment under Iraq law.

         requirement for matching funds from government of iraq

    Sec. 10010.  (a) Notwithstanding any other provision of law, funds 
appropriated or otherwise made available in this or any other Act for 
assistance for Iraq, including training, capacity building, and 
construction and repair of infrastructure, shall be available only to 
the extent that the Government of Iraq matches such assistance on a 
dollar-for-dollar basis.
    (b) subsection (a) shall not apply to--
            (1) grants and cooperative agreements for programs to 
        promote democracy and human rights;
            (2) the Community Action Program and other direct 
        assistance to non-governmental organizations;
            (3) humanitarian demining;
            (4) assistance for refugees, internally displaced persons, 
        and civilian victims of military operations;
            (5) intelligence or intelligence-related activities; or
            (6) projects with an estimated cost of less than $750,000 
        undertaken through the Commander's Emergency Response Program.
    (c) The Secretary of State and the Secretary of Defense shall 
certify to the Committees on Appropriations of the House of 
Representatives and Senate, prior to the initial obligation by their 
respective Departments of funds covered by the limitation in subsection 
(a), that the Government of Iraq has committed to obligate matching 
funds on a dollar-for-dollar basis. The Secretary of State shall submit 
a report to the Committees on Appropriations not later than September 
30, 2009 detailing the amounts of funds obligated and expended by the 
Government of Iraq to meet the requirements of this section.
    (d) 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.
    (e) As part of the report required by section 609 of division L of 
the Consolidated Appropriations Act, 2008 (Public Law 110-161), the 
Secretary of Defense shall submit to Congress a report on the most 
recent annual budget for the Government of Iraq, including--
            (1) a description of amounts budgeted for support of Iraqi 
        security and police forces and an assessment of how planned 
        funding will impact the training, equipping and overall 
        readiness of those forces;
            (2) an assessment of the capacity of the Government of Iraq 
        to implement the budget as planned, including reports on year-
        to-year spend rates, if available; and
            (3) a description of any budget surplus or deficit, if 
        applicable.

             partial reimbursement from iraq for fuel costs

    Sec. 10011.  (a) None of the funds made available in this Act under 
the heading ``Operation and Maintenance, Defense-Wide'' for the Office 
of the Secretary of Defense or Washington Headquarters Services may be 
obligated or expended until the agreement described in subsection 
(b)(1) is complete and the report required by subsection (b)(2) has 
been transmitted to Congress, except that the limitation in this 
subsection may be waived if the President determines and certifies to 
the Committees on Appropriations of the House of Representatives and 
Senate that such waiver is in the national security interests of the 
United States.
    (b) Not later than 90 days after enactment of this Act, the 
President shall--
            (1) complete an agreement with the Government of Iraq to 
        subsidize fuel costs for United States Armed Forces operating 
        in Iraq so the price of fuel per gallon to those forces is 
        equal to the discounted price per gallon at which the 
        Government of Iraq is providing fuel for domestic Iraqi 
        consumption; and
            (2) transmit a report to the Committees on Appropriations 
        on the details and terms of that agreement.
    (c) Amounts received from the Government of Iraq under an agreement 
described in subsection (b)(1) shall be credited to the appropriations 
or funds that incurred obligations for the fuel costs being subsidized, 
as determined by the Secretary of Defense.

      timetable for redeployment of united states forces from iraq

    Sec. 10012.  (a) Notwithstanding any other provision of law, funds 
appropriated or otherwise made available in this Act may be used to 
plan and execute a safe and orderly redeployment of United States Armed 
Forces from Iraq.
    (b) Within 30 days after enactment of this Act, the President shall 
commence an immediate and orderly redeployment of United States Armed 
Forces from Iraq, with a goal of completing such redeployment within 18 
months. The President shall endeavor to begin such redeployment with 
units of the Armed Forces that have been deployed in excess of 365 
days, except to the extent those units are needed to provide for the 
safe withdrawal of other units of the Armed Forces or to protect United 
States and Coalition personnel and infrastructure.
    (c) After completion of the redeployment required by subsection 
(b), members of the United States Armed Forces may be deployed to, or 
maintained in, Iraq only to the extent necessary to carry out the 
following missions:
            (1) Protecting the diplomatic facilities, Armed Forces, and 
        citizens of the United States in Iraq.
            (2) Conducting limited training of, equipping, and 
        providing logistical and intelligence support to, Iraqi 
        security forces.
            (3) Engaging in targeted counterterrorism operations 
        against al-Qaeda, groups affiliated with al-Qaeda, and other 
        terrorist organizations in Iraq.
    (d) Not later than July 1, 2008, and every 90 days thereafter, the 
Secretary of Defense shall submit to the congressional defense 
committees a report setting forth the following:
            (1) The current plan for and the status of the reduction of 
        United States Armed Forces in Iraq and the transition of the 
        Armed Forces in Iraq to a limited presence whose missions do 
        not exceed the missions specified in subsection (c), including 
        the associated force reductions and adjustments and 
        expectations with respect to timelines and the force levels 
        anticipated to perform those missions.
            (2) A comprehensive current description of efforts to 
        prepare for the reduction and transition of United States Armed 
        Forces in Iraq in accordance with this section and to limit any 
        destabilizing consequences of such reduction and transition, 
        including a description of efforts to work with the United 
        Nations and countries in the region toward that objective.
    (e) Not later than 45 days after enactment of this Act, the 
Secretary of State shall provide to the Committees on Appropriations of 
the House of Representatives and Senate a strategy for civilian-led 
post-conflict stabilization and reconstruction assistance for Iraq. The 
strategy (which may be provided in classified form if necessary) shall 
include--
            (1) the plans and timetable for transfer of all 
        responsibility for United States post-conflict stabilization 
        and reconstruction assistance from the Department of Defense to 
        the Department of State and the United States Agency for 
        International Development; and
            (2) the staff, security and resource requirements for 
        United States diplomatic efforts and assistance programs in 
        Iraq.

     TITLE XI--REFORMS RELATED TO WAR PROFITEERING AND CONTRACTORS

        CHAPTER 1--ADJUSTMENT OF WARTIME STATUTE OF LIMITATIONS

              adjustment of wartime statute of limitations

    Sec. 11101.  Section 3287 of title 18, United States Code, is 
amended--
            (1) by inserting ``or Congress has enacted a specific 
        authorization for the use of the Armed Forces, as described in 
        section 5(b) of the War Powers Resolution (50 U.S.C. 
        1544(b)),'' after ``is at war'';
            (2) by inserting ``or directly connected with or related to 
        the authorized use of the Armed Forces'' after ``prosecution of 
        the war'';
            (3) by striking ``three years'' and inserting ``5 years'';
            (4) by striking ``proclaimed by the President'' and 
        inserting ``proclaimed by a Presidential proclamation, with 
        notice to Congress,''; and
            (5) by adding at the end the following: ``For purposes of 
        applying such definitions in this section, the term `war' 
        includes a specific authorization for the use of the Armed 
        Forces, as described in section 5(b) of the War Powers 
        Resolution (50 U.S.C. 1544(b)).''.

                 CHAPTER 2--WAR PROFITEERING AND FRAUD

                       war profiteering and fraud

    Sec. 11201.  (a) Prohibition on War Profiteering.--
            (1) In general.--Chapter 47 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 1041. War profiteering and fraud
    ``(a) Prohibition.--Whoever, in any matter involving a contract 
with, or the provision of goods or services to, the United States or a 
provisional authority, in connection with a mission of the United 
States Government overseas, knowingly--
            ``(1)(A) executes or attempts to execute a scheme or 
        artifice to defraud the United States or that authority; or
            ``(B) materially overvalues any good or service with the 
        intent to defraud the United States or that authority;
        shall be fined not more than $1,000,000 or imprisoned not more 
        than 20 years, or both; or
            ``(2) in connection with the contract or the provision of 
        those goods or services--
                    ``(A) falsifies, conceals, or covers up by any 
                trick, scheme, or device a material fact;
                    ``(B) makes any materially false, fictitious, or 
                fraudulent statements or representations; or
                    ``(C) makes or uses any materially false writing or 
                document knowing the same to contain any materially 
                false, fictitious, or fraudulent statement or entry;
        shall be fined not more than $1,000,000 or imprisoned not more 
        than 10 years, or both.
    ``(b) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
    ``(c) Venue.--A prosecution for an offense under this section may 
be brought--
            ``(1) as authorized by chapter 211 of this title;
            ``(2) in any district where any act in furtherance of the 
        offense took place; or
            ``(3) in any district where any party to the contract or 
        provider of goods or services is located.''.
            (2) Table of sections.--The table of sections for chapter 
        47 of such title is amended by adding at the end the following:

``1041. War profiteering and fraud.''.
    (b) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United 
States Code, is amended by striking ``or 1030'' and inserting ``1030, 
or 1041''.
    (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``section 1041 (relating to war 
profiteering and fraud),'' after ``liquidating agent of financial 
institution),''.
    (d) RICO.--Section 1961(1) of title 18, United States Code, is 
amended by inserting ``section 1041 (relating to war profiteering and 
fraud),'' after ``in connection with access devices),''.

           CHAPTER 3--MILITARY EXTRATERRITORIAL JURISDICTION

                              short title

    Sec. 11301.  This chapter may be cited as the ``MEJA Expansion and 
Enforcement Act of 2008''.

                   legal status of contract personnel

    Sec. 11302.  (a) Clarification of Military Extraterritorial 
Jurisdiction Act.--
            (1) Inclusion of federal employees and contractors.--
        Section 3261(a) of title 18, United States Code, is amended--
                    (A) in paragraph (1), by striking ``or'' at the 
                end;
                    (B) in paragraph (2), by striking the comma at the 
                end and inserting a semicolon; and
                    (C) by inserting after paragraph (2) the following 
                new paragraphs:
            ``(3) while employed by any Department or agency of the 
        United States other than the Armed Forces in a foreign country 
        in which the Armed Forces are conducting a qualifying military 
        operation; or
            ``(4) while employed as a security officer or security 
        contractor by any Department or agency of the United States 
        other than the Armed Forces,''.
            (2) Definitions.--Section 3267 of title 18, United States 
        Code, is amended--
                    (A) in paragraph (1), by striking subparagraph (A) 
                and inserting the following new subparagraph:
                    ``(A) employed by or performing services under a 
                contract with or grant from the Department of Defense 
                (including a nonappropriated fund instrumentality of 
                the Department) as--
                            ``(i) a civilian employee (including an 
                        employee from any other Executive agency on 
                        temporary assignment to the Department of 
                        Defense);
                            ``(ii) a contractor (including a 
                        subcontractor at any tier); or
                            ``(iii) an employee of a contractor 
                        (including a subcontractor at any tier);''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(5) The term `employed by any Department or agency of the 
        United States other than the Armed Forces' means--
                    ``(A) employed by or performing services under a 
                contract with or grant from any Department or agency of 
                the United States, or any provisional authority funded 
                in whole or substantial part or created by the United 
                States Government, other than the Department of Defense 
                as--
                            ``(i) a civilian employee;
                            ``(ii) a contractor (including a 
                        subcontractor at any tier); or
                            ``(iii) an employee of a contractor 
                        (including a subcontractor at any tier);
                    ``(B) present or residing outside the United States 
                in connection with such employment; and
                    ``(C) not a national of or ordinarily a resident in 
                the host nation.
            ``(6) The term `employed as a security officer or security 
        contractor by any Department or agency of the United States 
        other than the Armed Forces' means--
                    ``(A) employed by or performing services under a 
                contract with or grant from any Department or agency of 
                the United States, or any provisional authority funded 
                in whole or substantial part or created by the United 
                States Government, other than the Department of Defense 
                as--
                            ``(i) a civilian employee;
                            ``(ii) a contractor (including a 
                        subcontractor at any tier); or
                            ``(iii) an employee of a contractor 
                        (including a subcontractor at any tier);
                    ``(B) authorized in the course of such employment--
                            ``(i) to provide physical protection to or 
                        security for persons, places, buildings, 
                        facilities, supplies, or means of 
                        transportation;
                            ``(ii) to carry or possess a firearm or 
                        dangerous weapon, as defined by section 
                        930(g)(2) of this chapter;
                            ``(iii) to use force against another; or
                            ``(iv) to supervise individuals performing 
                        the activities described in clause (i), (ii) or 
                        (iii);
                    ``(C) present or residing outside the United States 
                in connection with such employment; and
                    ``(D) not a national of or ordinarily resident in 
                the host nation.
            ``(7) The term `qualifying military operation' means--
                    ``(A) a military operation covered by a declaration 
                of war or an authorization of the use of military force 
                by Congress;
                    ``(B) a contingency operation (as defined in 
                section 101 of title 10); or
                    ``(C) any other military operation outside of the 
                United States, including a humanitarian assistance or 
                peace keeping operation, provided such operation is 
                conducted pursuant to an order from or approved by the 
                Secretary of Defense.''.
    (b) Department of Justice Inspector General Report.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the Inspector General of the 
        Department of Justice, in consultation with the Inspectors 
        General of the Department of Defense, the Department of State, 
        the United States Agency for International Development, the 
        Department of Agriculture, the Department of Energy, and other 
        appropriate Federal departments and agencies, shall submit to 
        Congress a report in accordance with this subsection.
            (2) Content of report.--The report under paragraph (1) 
        shall include, for the period beginning on October 1, 2001, and 
        ending on the date of the report--
                    (A) unless the description pertains to non-public 
                information that relates to an ongoing investigation or 
                criminal or civil proceeding under seal, a description 
                of any alleged violations of section 3261 of title 18, 
                United States Code, reported to the Inspector Generals 
                identified in paragraph (1) or the Department of 
                Justice, including--
                            (i) the date of the complaint and the type 
                        of offense alleged;
                            (ii) whether any investigation was opened 
                        or declined based on the complaint;
                            (iii) whether the investigation was closed, 
                        and if so, when it was closed;
                            (iv) whether a criminal or civil case was 
                        filed as a result of the investigation, and if 
                        so, when it was filed; and
                            (v) any charges or complaints filed in 
                        those cases; and
                    (B) unless the description pertains to non-public 
                information that relates to an ongoing investigation or 
                criminal or civil proceeding under seal, and with 
                appropriate safeguards for the protection of national 
                security information, a description of any shooting or 
                escalation of force incidents in Iraq or Afghanistan 
                involving alleged misconduct by persons employed as a 
                security officer or security contractor by any 
                Department or agency of the United States, and any 
                official action taken against such persons.
            (3) Form of report.--The report under paragraph (1) shall 
        be submitted in unclassified form, but may contain a classified 
        annex as appropriate.

              investigative units for contractor oversight

    Sec. 11303.  (a) Establishment of Investigative Units for 
Contractor Oversight.--
            (1) In general.--The Attorney General, in consultation with 
        the Secretary of Defense, the Secretary of State, the Secretary 
        of Homeland Security, and the heads of any other Federal 
        departments or agencies responsible for employing private 
        security contractors or contractors (or subcontractors at any 
        tier) in a foreign country where the Armed Forces are 
        conducting a qualifying military operation--
                    (A) shall assign adequate personnel and resources 
                through the creation of Investigative Units for 
                Contractor Oversight to investigate allegations of 
                criminal violations under paragraphs (3) and (4) of 
                section 3261(a) of title 18, United States Code (as 
                amended by section 11302(a) of this chapter); and
                    (B) may authorize the overseas deployment of law 
                enforcement agents and other Department of Justice 
                personnel for that purpose.
            (2) Rule of construction.--Nothing in this subsection shall 
        limit any existing authority of the Attorney General or any 
        Federal law enforcement agency to investigate violations of 
        Federal law or deploy personnel overseas.
    (b) Referral for Prosecution.--Upon conclusion of an investigation 
of an alleged violation of sections 3261(a)(3) and 3261(a)(4) of title 
18, United States Code, an Investigative Unit for Contractor Oversight 
may refer the matter to the Attorney General for further action, as 
appropriate in the discretion of the Attorney General.
    (c) Responsibilities of the Attorney General.--
            (1) Investigation.--The Attorney General shall have the 
        principal authority for the enforcement of sections 3261(a)(3) 
        and 3261(a)(4) of title 18, United States Code, and shall have 
        the authority to initiate, conduct, and supervise 
        investigations of any alleged violations of such sections 
        3261(a)(3) and 3261(a)(4).
            (2) Assistance on request of the attorney general.--
        Notwithstanding any statute, rule, or regulation to the 
        contrary, the Attorney General may request assistance from the 
        Secretary of Defense, the Secretary of State, or the head of 
        any other Executive agency to enforce this chapter. This 
        requested assistance may include the assignment of additional 
        personnel and resources to an Investigative Unit for Contractor 
        Oversight established by the Attorney General under subsection 
        (a).
            (3) Annual report.--Not later than one year after the date 
        of enactment of this Act, and annually thereafter, the Attorney 
        General, in consultation with the Secretary of Defense and the 
        Secretary of State, shall submit to Congress a report 
        containing--
                    (A) the number of violations of sections 3261(a)(3) 
                and 3261(a)(4) of title 18, United States Code, 
                received, investigated, and referred for prosecution by 
                Federal law enforcement authorities during the previous 
                year;
                    (B) the number and location of Investigative Units 
                for Contractor Oversight deployed to investigate 
                violations of such sections 3261(a)(3) and 3261(a)(4) 
                during the previous year; and
                    (C) any recommended changes to Federal law that the 
                Attorney General considers necessary to enforce this 
                chapter and the amendments made by this chapter and 
                chapter 212 of title 18, United States Code.

    removal procedures for non-department of defense employees and 
                              contractors

    Sec. 11304.  (a) Attorney General Regulations.--Section 3266 of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(d) The Attorney General, after consultation with the Secretary 
of Defense, the Secretary of State, and the Director of National 
Intelligence, may prescribe regulations governing the investigation, 
apprehension, detention, delivery, and removal of persons described in 
sections 3261(a)(3) and 3261(a)(4) and describing the notice due, if 
any, foreign nationals potentially subject to the criminal jurisdiction 
of the United States under those sections.''.
    (b) Clarifying and Conforming Amendments.--
            (1) In general.--Chapter 212 of title 18, United States 
        Code, is amended--
                    (A) in section 3261(a)--
                            (i) by inserting ``against the United 
                        States'' after ``offense'' the first time it 
                        appears; and
                            (ii) by inserting ``within the United 
                        States or'' after ``had been engaged in'';
                    (B) in section 3262--
                            (i) in subsection (a), by striking 
                        ``section 3261(a)'' the first place it appears 
                        and inserting ``section 3261(a)(1) or 
                        3261(a)(2)'';
                            (ii) by redesignating subsection (b) as 
                        subsection (c); and
                            (iii) by inserting after subsection (a) the 
                        following new subsection (b):
    ``(b) The Attorney General may designate and authorize any person 
serving in a law enforcement position in the Department of Justice, the 
Department of Defense, the Department State, or any other Executive 
agency to arrest, in accordance with applicable international 
agreements, outside the United States any person described in section 
3261(a) if there is probable cause to believe that such person violated 
section 3261(a).'';
                    (C) in section 3263(a), by striking ``section 
                3261(a)'' the first place it appears and inserting 
                ``section 3261(a)(1) or 3261(a)(2)'';
                    (D) in section 3264(a), by inserting ``described in 
                section 3261(a)(1) or 3261(a)(2)'' before ``arrested'';
                    (E) section 3265(a)(1) by inserting ``described in 
                section 3261(a)(1) or 3261(a)(2)'' before ``arrested''; 
                and
                    (F) in section 3266(a), by striking ``under this 
                chapter'' and inserting ``described in section 
                3261(a)(1) or 3261(a)(2)''.
            (2) Additional amendment.--Section 7(9) of title 18, United 
        States Code, is amended by striking ``section 3261(a)'' and 
        inserting ``section 3261(a)(1) or 3261(a)(2)''.

                         rules of construction

    Sec. 11305.  (a) In General.--Nothing in this chapter or the 
amendments made by this chapter shall apply to authorized and otherwise 
lawful intelligence activities carried out by or at the direction of 
the United States.
    (b) Defenses.--Nothing in this section shall be construed to limit 
or extinguish any defense or protection otherwise available to any 
person or entity from suit, civil or criminal liability, or damages, or 
to provide immunity from prosecution for any criminal offense by the 
proper authorities.
    (c) Existing Extraterritorial Jurisdiction.--Nothing in this 
chapter or the amendments made by this chapter shall be construed to 
limit or affect the extraterritorial jurisdiction related to any 
Federal statute not amended by this chapter.

                               definition

    Sec. 11306.  For purposes of this chapter and the amendments made 
by this chapter, the term ``Executive agency'' has the meaning given in 
section 105 of title 5, United States Code.

                             effective date

    Sec. 11307.  (a) Immediate Effectiveness.--The provisions of this 
chapter shall enter into effect immediately upon the enactment of this 
Act.
    (b) Implementation.--The Attorney General and the head of any other 
Federal department or agency to which this chapter applies shall have 
90 days after the date of the enactment of this Act to ensure 
compliance with the provisions of this chapter.

(2)Page 1 of the Senate engrossed amendment, strike line 1 and all that 
follows through the end of line 21 on page 59, and 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--COMMERCE, JUSTICE, AND SCIENCE

                         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'', 
$18,621,000, to remain available until September 30, 2009.

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$92,169,000, 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'', 
$12,166,000, to remain available until September 30, 2009.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

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

                         Federal Prison System

                         salaries and expenses

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

         CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

    For an additional amount for ``Military Construction, Army'', 
$1,432,700,000, 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: 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 of the funds 
made available under this heading, $72,000,000 shall not be obligated 
or expended until after that date on which the Secretary of Defense 
submits a detailed spending plan, including a 1391 form for each 
facilities replacement project, to the Committees on Appropriations of 
the House of Representatives and Senate: Provided further, That of the 
funds provided under this heading, $533,700,000 shall not be obligated 
or expended until the Secretary of Defense certifies 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'', $423,357,000, 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: 
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'', 
$409,627,000, 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: 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 of the funds 
provided under this heading, $58,300,000 shall not be obligated or 
expended until the Secretary of Defense certifies 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'', $1,009,600,000, 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: 
Provided further, That of the funds provided, $982,000,000 shall be for 
medical treatment facilities construction (including planning and 
design) and shall remain available until September 30, 2012.

           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), $1,354,634,000, 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.

                    GENERAL PROVISION, THIS CHAPTER

    Sec. 1301.  None of the funds appropriated in this or any other Act 
may be used to terminate, reorganize, or relocate the Armed Forces 
Institute of Pathology 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.

         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'', 
$1,606,808,000, to remain available until September 30, 2009, of which 
$210,508,000 for worldwide security protection is available until 
expended: Provided, That not more than $1,295,000,000 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 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'', 
$7,500,000, 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.

            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'', $53,000,000 to remain available until September 30, 
2009.

        contributions for international peacekeeping activities

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

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

     For an additional amount for ``International Disaster 
Assistance'', $200,000,000, 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'', $142,000,000, to remain 
available until September 30, 2009: Provided, That of the funds 
appropriated under this heading, not more than $20,000,000 shall be 
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'', 
$1,747,000,000, to remain available until September 30, 2009, of which 
not more than $440,000,000 may be made available for assistance for 
Iraq, $150,000,000 shall be made available for assistance for Jordan to 
meet the needs of Iraqi refugees, and up to $53,000,000 may be 
available for energy-related assistance for North Korea, 
notwithstanding any other provision of law: Provided, That not more 
than $100,000,000 of the funds appropriated under this heading shall be 
made available for assistance for the West Bank 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'', $75,000,000, to 
remain available until September 30, 2009, for democracy programs in 
Iraq.

          international narcotics control and law enforcement

     For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $419,300,000, to remain available until September 
30, 2009: Provided, That not more than $25,000,000 of the funds 
appropriated by this subchapter shall be made available for security 
assistance for the West Bank.

                    migration and refugee assistance

     For an additional amount for ``Migration and Refugee Assistance'', 
$300,000,000, 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'', $25,000,000, to remain available until 
expended.

    nonproliferation, anti-terrorism, demining and related programs

     For an additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', $11,200,000, 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'', $72,500,000, to remain available until September 30, 2009, 
of which up to $66,500,000 shall be made available for assistance for 
Mexico.

 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'', 
$737,900,000, 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 $581,500,000 of the funds appropriated 
under this heading shall be available for diplomatic operations in 
Iraq.

                      office of inspector general

                     (including transfers 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 $46,500,000 shall 
be transferred to the Special Inspector General for Iraq Reconstruction 
for reconstruction oversight and up to $5,000,000 shall be transferred 
to the Special Inspector General for Afghanistan Reconstruction for 
reconstruction oversight.

            embassy security, construction, and maintenance

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

                      International Organizations

              contributions to international organizations

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

        contributions for international peacekeeping activities

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

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

     For an additional amount for ``International Broadcasting 
Operations'', $8,000,000, 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,'' 
$1,147,300,000, which shall become available on October 1, 2008 and 
remain available through September 30, 2009, of which not more than 
$100,000,000 may be made available for assistance for Iraq, 
$100,000,000 shall be made available for assistance for Jordan, and 
$15,000,000 may be made available for energy-related assistance for 
North Korea, notwithstanding any other provision of law: Provided, That 
not more than $150,000,000 of the funds appropriated under this heading 
in this subchapter shall be made available for assistance for the West 
Bank.

                          Department of State

          international narcotics control and law enforcement

     For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $204,500,000, 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 made available by 
this subchapter shall be made available for security assistance for the 
West Bank and up to $53,500,000 shall 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'', $170,000,000, which shall become available on October 1, 
2008 and remain available through September 30, 2009, of which 
$100,000,000 shall be made available for assistance for Jordan and up 
to $50,000,000 shall be made available for assistance for Mexico: 
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'', 
$85,000,000, which shall become available on October 1, 2008 and remain 
available through September 30, 2009.

             SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER

                        extension of authorities

    Sec. 1401.  Funds appropriated by this chapter may be obligated and 
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 
2412), section 15 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization 
Act, Fiscal 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)).

                              afghanistan

    Sec. 1402  (a) Assistance for Women and Girls.--Funds appropriated 
by this chapter under the heading ``Economic Support Fund'' that are 
available for assistance for Afghanistan shall be made available, to 
the maximum extent practicable, through local Afghan provincial and 
municipal governments and Afghan civil society organizations and in a 
manner that emphasizes the participation of Afghan women and directly 
improves the economic, social and political status of Afghan women and 
girls.
    (b) Higher Education.--Of the funds appropriated by this chapter 
under the heading ``Economic Support Fund'' that are made available for 
education programs in Afghanistan, not less than 50 percent shall be 
made available to support higher education and vocational training 
programs in law, accounting, engineering, public administration, and 
other disciplines necessary to rebuild the country, in which the 
participation of women is emphasized.
    (c) Civilian Assistance.--Of the funds appropriated by this chapter 
under the heading ``Economic Support Fund'' that are available for 
assistance for Afghanistan, not less than $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) Anticorruption.--Not later than 90 days after 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. 1403.  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.

                                 mexico

    Sec. 1404.  (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 $296,500,000 of the funds 
appropriated in subchapter A and $103,500,000 of the funds appropriated 
in subchapter B shall be made available for assistance for Mexico, only 
to combat drug trafficking and related violent crime, and for judicial 
reform, institution building, and rule of law activities, of which not 
less than $73,500,000 shall be used for judicial reform, institution 
building, and rule of law activities: Provided, That none of the funds 
made available under this section shall be made available for budget 
support or as cash payments: Provided further, That none of the funds 
made available under this section shall be available for obligation 
until the Secretary of State determines and reports to the Committees 
on Appropriations that vetting procedures are in place to ensure that 
relevant members and units of the Mexican armed forces and police 
forces that may receive assistance pursuant to this section have not 
been involved in human rights violations or corrupt acts.
    (b) Allocation of Funds.--25 percent of the funds made available by 
this chapter for assistance for Mexico under the headings 
``International Narcotics Control and Law Enforcement'' and ``Foreign 
Military Financing Program'' shall be withheld from obligation until 
the Secretary of State reports to the Committees on Appropriations on 
the requirements described in subsection (c).
    (c) Requirements.--The requirements referred to in subsection (b) 
are the following:
            (1) The Government of Mexico is--
                    (A) improving the transparency and accountability 
                of Federal police forces and engaging with state and 
                municipal authorities to improve the transparency and 
                accountability of state and municipal police forces 
                through mechanisms such as police complaints 
                commissions;
                    (B) ensuring meaningful engagement with civil 
                society to monitor efforts to combat drug trafficking 
                and related violent crime, judicial reform, institution 
                building, and rule of law activities to ensure due 
                process and the protection of freedom of expression, 
                association, and assembly in accordance with Mexican 
                and international law; and
                    (C) ensuring that, in accordance with applicable 
                Mexican law, the Mexican armed forces and the Federal 
                police forces are cooperating with civilian prosecutors 
                and judicial authorities in investigating and 
                prosecuting in the civilian justice system those 
                individuals, including military personnel, who have 
                been credibly alleged under Mexican law to have 
                committed violations of internationally recognized 
                human rights, and, consistent with Mexican and 
                international law, is vigorously enforcing the 
                prohibition on the use of testimony obtained through 
                torture or other ill-treatment.
            (2) The Federal Public Security Secretary and the Minister 
        of Defense, respectively, in accordance with applicable Mexican 
        law, are suspending or placing on administrative duty, those 
        members of the Federal police and armed forces who have been 
        credibly alleged under Mexican law, to have committed 
        violations of internationally recognized human rights or 
        participated in corrupt acts and have established policies that 
        reward respect for human rights, in particular regarding the 
        use of force.
            (3) The Attorney General and other relevant authorities of 
        the Mexican Government are investigating and prosecuting 
        members of the Mexican armed forces and police forces who have 
        been credibly alleged under Mexican law to have committed 
        violations of internationally recognized human rights.
    (d) Exception.--Notwithstanding subsections (b) and (c), 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 encompassing Federal, state, and municipal police officials, 
and $5,000,000 may be made available to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to deploy special agents in Mexico to support 
Mexican law enforcement agencies in tracing seized firearms and 
investigating firearms trafficking cases: Provided, That section 484(a) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291c(a)) shall not 
apply with respect to assistance for Mexico made available by this 
chapter.
    (e) Report.--The report required in subsection (b) shall include a 
description of actions taken with respect to each requirement specified 
in subsection (c) and the cases or issues brought to the attention of 
the Secretary of State for which the response or action taken has been 
inadequate.
    (f) Vetting.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
Committees on Appropriations a report, in classified form if necessary, 
detailing the procedures used to vet Mexican armed forces and police 
forces for eligibility to receive assistance under this section.
    (g) 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).
    (h) 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 for combating drug trafficking and 
related violent crime, judicial reform, institution building, and rule 
of law activities, with concrete goals, actions to be taken, budget 
proposals, and anticipated results.
    (i) Consultation.--Not later than 90 days after the date of the 
enactment of this Act, and every 180 days thereafter until September 
30, 2010, the Secretary of State shall consult with Mexican and 
internationally recognized human rights organizations on progress in 
meeting the requirements described in subsection (c).

                            central america

    Sec. 1405.  (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'', 
$61,500,000 shall be made available for assistance for the countries of 
Central America, Haiti, and the Dominican Republic only to combat drug 
trafficking and related violent crime, and for judicial reform, 
institution building, rule of law activities, and maritime security: 
Provided, That of the funds appropriated under the heading ``Economic 
Support Fund'', $15,000,000 shall be made available through the United 
States Agency for International Development for an Economic and Social 
Development Fund for the countries of Central America: Provided 
further, That of the funds appropriated under the heading 
``International Narcotics Control and Law Enforcement'', $2,500,000 
shall be made available for assistance for Haiti and $2,500,000 shall 
be made available for assistance for the Dominican Republic: Provided 
further, That none of the funds shall be made available for budget 
support or as cash payments: Provided further, That none of the funds 
shall be available for obligation until the Secretary of State 
determines and reports to the Committees on Appropriations that vetting 
procedures are in place to ensure that Federal and municipal police 
forces and the armed forces of the countries of Central America that 
may receive assistance pursuant to this section have not been involved 
in human rights violations or corrupt acts.
    (b) Allocation of Funds.--(1) Up to 75 percent of the funds 
appropriated under the headings ``International Narcotics Control and 
Law Enforcement'' and ``Foreign Military Financing Program'' in 
subchapter A that are available for assistance for the countries of 
Central America may be obligated prior to the certification and report 
by the Secretary of State required in paragraph (2).
    (2) The balance of the funds may be obligated not less than 120 
days after the date of the enactment of this Act if, before such 
obligation, the Secretary of State determines and reports to the 
Committees on Appropriations that the requirements in subsection (c) 
have been met.
    (c) Requirements.--The requirements referred to in subsection 
(b)(2) are the following:
            (1) The International Law Enforcement Academy (ILEA) in San 
        Salvador, El Salvador is establishing a vetting procedure for 
        police and other public security officials attending programs 
        at the ILEA.
            (2) The countries of Central America are--
                    (A) vetting members and units of Federal and 
                municipal police forces and the armed forces that may 
                receive assistance to ensure such members and units 
                have not been involved in human rights violations or 
                corrupt acts;
                    (B) strengthening law enforcement capabilities, 
                developing effective systems information exchange, 
                improving demand reduction, and expanding public 
                education, prevention, and treatment programs;
                    (C) improving controls on chemical precursors;
                    (D) adopting and implementing reforms that improve 
                the capacity and protect the independence of the 
                judiciary;
                    (E) reforming criminal procedures to ensure due 
                process and training Federal and municipal police 
                leadership in modern policing to curb police abuses;
                    (F) targeting organizational structures and 
                financial and other assets of drug cartels;
                    (G) taking steps to curb corruption in law 
                enforcement agencies; and
                    (H) suspending, prosecuting, and punishing members 
                of the police forces who have been credibly alleged to 
                have committed violations of human rights and corrupt 
                acts, and establishing policies for members of such 
                forces that reward respect for human rights, in 
                particular regarding the use of force.
    (d) Report.--The report required in subsection (b)(2) shall include 
actions taken with respect to each requirement and the cases or issues 
brought to the attention of the Secretary for which the response or 
action taken has been inadequate.
    (e) Vetting.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State shall submit a report to 
the Committees on Appropriations, in classified form if necessary, 
detailing the procedures used by the Government of the United States to 
vet the Federal and municipal police and the armed forces of the 
countries of Central America for eligibility to receive assistance 
under this section.
    (f) Notification.--Funds made available for the countries of 
Central America 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).
    (g) 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 violent crime, 
judicial reform, institution building, and rule of law activities, with 
concrete goals, actions to be taken, budget proposals and anticipated 
results.
    (h) Consultation.--Not later than 90 days after the date of 
enactment of this Act and every 120 days thereafter until September 30, 
2010, the Secretary of State shall consult with internationally 
recognized human rights organizations, and human rights organizations 
in the countries of Central America receiving assistance pursuant to 
this section, on progress in meeting the requirements described in 
subsection (c).
    (i) 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 transfer of funds)

    Sec. 1406. (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.''.

                              rescissions

    Sec. 1407.  (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) Section 8002 of this Act shall not apply to this section.

                              allocations

    Sec. 1408.  (a) Funds provided in 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. 1409.  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 plan and notification procedures

    Sec. 1410.  (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. 1411.  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--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.

                CHAPTER 2--ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              construction

    For an additional amount for ``Construction'', for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $2,835,000,000, to remain available 
until expended: Provided, That such sums shall not be available until 
October 1, 2008: Provided further, 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.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses relating to the consequences 
of Hurricane Katrina and other hurricanes of the 2005 season, 
$2,926,000,000, to remain available until expended: Provided, That such 
sums shall not be available until October 1, 2008: Provided further, 
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 used to complete 
the authorized protection for the Lake Pontchartrain and Vicinity 
Project and for the West Bank and Vicinity Project: 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.

       CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION

                          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.

                     CHAPTER 4--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--VETERANS EDUCATIONAL ASSISTANCE

                              short title

    Sec. 3001.  This title may be cited as the ``Post-9/11 Veterans 
Educational Assistance Act of 2008''.

                                findings

    Sec. 3002.  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. 3003.  (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.

               ``subchapter iii--administrative provisions

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

                      ``SUBCHAPTER I--DEFINITIONS

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

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

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

              ``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

``Sec. 3321. Time limitation for use of and eligibility for entitlement
    ``(a) In General.--Except as provided in this section, the period 
during which an individual entitled to educational assistance under 
this chapter may use such individual's entitlement expires at the end 
of the 15-year period beginning on the date of such individual's last 
discharge or release from active duty.
    ``(b) Exceptions.--(1) Subsections (b), (c), and (d) of section 
3031 of this title shall apply with respect to the running of the 15-
year period described in subsection (a) of this section in the same 
manner as such subsections apply under section 3031 of this title with 
respect to the running of the 10-year period described in section 
3031(a) of this title.
    ``(2) Section 3031(f) of this title shall apply with respect to the 
termination of an individual's entitlement to educational assistance 
under this chapter in the same manner as such section applies to the 
termination of an individual's entitlement to educational assistance 
under chapter 30 of this title, except that, in the administration of 
such section for purposes of this chapter, the reference to section 
3013 of this title shall be deemed to be a reference to 3312 of this 
title.
    ``(3) For purposes of subsection (a), an individual's last 
discharge or release from active duty shall not include any discharge 
or release from a period of active duty of less than 90 days of 
continuous service, unless the individual is discharged or released as 
described in section 3311(b)(2) of this title.
``Sec. 3322. Bar to duplication of educational assistance benefits
    ``(a) In General.--An individual entitled to educational assistance 
under this chapter who is also eligible for educational assistance 
under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 
1607 of title 10, or the provisions of the Hostage Relief Act of 1980 
(Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance 
under two or more such programs concurrently, but shall elect (in such 
form and manner as the Secretary may prescribe) under which chapter or 
provisions to receive educational assistance.
    ``(b) Inapplicability of Service Treated Under Educational Loan 
Repayment Programs.--A period of service counted for purposes of 
repayment of an education loan under chapter 109 of title 10 may not be 
counted as a period of service for entitlement to educational 
assistance under this chapter.
    ``(c) Service in Selected Reserve.--An individual who serves in the 
Selected Reserve may receive credit for such service under only one of 
this chapter, chapter 30 of this title, and chapters 1606 and 1607 of 
title 10, and shall elect (in such form and manner as the Secretary may 
prescribe) under which chapter such service is to be credited.
    ``(d) Additional Coordination Matters.--In the case of an 
individual entitled to educational assistance under chapter 30, 31, 32, 
or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the 
provisions of the Hostage Relief Act of 1980, or making contributions 
toward entitlement to educational assistance under chapter 30 of this 
title, as of August 1, 2009, coordination of entitlement to educational 
assistance under this chapter, on the one hand, and such chapters or 
provisions, on the other, shall be governed by the provisions of 
section 3003(c) of the Post-9/11 Veterans Educational Assistance Act of 
2008.
``Sec. 3323. Administration
    ``(a) In General.--(1) Except as otherwise provided in this 
chapter, the provisions specified in section 3034(a)(1) of this title 
shall apply to the provision of educational assistance under this 
chapter.
    ``(2) In applying the provisions referred to in paragraph (1) to an 
individual entitled to educational assistance under this chapter for 
purposes of this section, the reference in such provisions to the term 
`eligible veteran' shall be deemed to refer to an individual entitled 
to educational assistance under this chapter.
    ``(3) In applying section 3474 of this title to an individual 
entitled to educational assistance under this chapter for purposes of 
this section, the reference in such section 3474 to the term 
`educational assistance allowance' shall be deemed to refer to 
educational assistance payable under section 3313 of this title.
    ``(4) In applying section 3482(g) of this title to an individual 
entitled to educational assistance under this chapter for purposes of 
this section--
            ``(A) the first reference to the term `educational 
        assistance allowance' in such section 3482(g) shall be deemed 
        to refer to educational assistance payable under section 3313 
        of this title; and
            ``(B) the first sentence of paragraph (1) of such section 
        3482(g) shall be applied as if such sentence ended with 
        `equipment'.
    ``(b) Information on Benefits.--(1) The Secretary of Veterans 
Affairs shall provide the information described in paragraph (2) to 
each member of the Armed Forces at such times as the Secretary of 
Veterans Affairs and the Secretary of Defense shall jointly prescribe 
in regulations.
    ``(2) The information described in this paragraph is information on 
benefits, limitations, procedures, eligibility requirements (including 
time-in-service requirements), and other important aspects of 
educational assistance under this chapter, including application forms 
for such assistance under section 5102 of this title.
    ``(3) The Secretary of Veterans Affairs shall furnish the 
information and forms described in paragraph (2), and other educational 
materials on educational assistance under this chapter, to educational 
institutions, training establishments, military education personnel, 
and such other persons and entities as the Secretary considers 
appropriate.
    ``(c) Regulations.--(1) The Secretary shall prescribe regulations 
for the administration of this chapter.
    ``(2) Any regulations prescribed by the Secretary of Defense for 
purposes of this chapter shall apply uniformly across the Armed Forces.
``Sec. 3324. Allocation of administration and costs
    ``(a) Administration.--Except as otherwise provided in this 
chapter, the Secretary shall administer the provision of educational 
assistance under this chapter.
    ``(b) Costs.--Payments for entitlement to educational assistance 
earned under this chapter shall be made from funds appropriated to, or 
otherwise made available to, the Department of Veterans Affairs for the 
payment of readjustment benefits.''.
            (2) Clerical amendments.--The tables of chapters at the 
        beginning of title 38, United States Code, and at the beginning 
        of part III of such title, are each amended by inserting after 
        the item relating to chapter 32 the following new item:

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

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

    Sec. 3004.  (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. 3005.  Section 3674(a)(4) of title 38, United States Code, is 
amended by striking ``may not exceed'' and all that follows through the 
end and inserting ``shall be $19,000,000.''.

             TITLE 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 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.

              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.
    (c) Special Rule.--
            (1) In general.--Notwithstanding any other provision of 
        this section, if, at the time that the individual's account is 
        exhausted or at any time thereafter, such individual's State is 
        in an extended benefit period (as determined under paragraph 
        (2)), then, such account shall be augmented by an amount equal 
        to the amount originally established in such account (as 
        determined under subsection (b)(1)).
            (2) Extended benefit period.--For purposes of paragraph 
        (1), a State shall be considered to be in an extended benefit 
        period, as of any given time, if--
                    (A) such a period is then in effect for such State 
                under the Federal-State Extended Unemployment 
                Compensation Act of 1970;
                    (B) such a period would then be in effect for such 
                State under such Act if section 203(d) of such Act--
                            (i) were applied by substituting ``4'' for 
                        ``5'' each place it appears; and
                            (ii) did not include the requirement under 
                        paragraph (1)(A); or
                    (C) such a period would then be in effect for such 
                State under such Act if--
                            (i) section 203(f) of such Act were applied 
                        to such State (regardless of whether the State 
                        by law had provided for such application); and
                            (ii) such section 203(f)--
                                    (I) were applied by substituting 
                                `6.0' for `6.5' in paragraph (1)(A)(i); 
                                and
                                    (II) did not include the 
                                requirement under paragraph (1)(A)(ii).

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

    Sec. 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 paragraphs (2) and (3), 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 augmentation.--If the account of an individual 
        is exhausted after the last day of such last week (as so 
        determined), then section 4002(c) shall not apply and such 
        account shall not be augmented under such section, regardless 
        of whether such individual's State is in an extended benefit 
        period (as determined under paragraph (2) of such section).
            (3) Limit on compensation.--No compensation shall be 
        payable by reason of paragraph (1) for any week beginning after 
        June 30, 2009.

                      TITLE V--MEDICAID PROVISIONS

    Sec. 5001. (a) Moratoria on Certain Medicaid Regulations.--
            (1) Extension of certain moratoria in public law 110-28.--
        Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' Care, 
        Katrina Recovery, and Iraq Accountability Appropriations Act, 
        2007 (Public Law 110-28) is amended--
                    (A) by striking ``prior to the date that is 1 year 
                after the date of enactment of this Act'' and inserting 
                ``prior to April 1, 2009'';
                    (B) in subparagraph (A), by inserting after 
                ``Federal Regulations)'' the following: ``or in the 
                final regulation, relating to such parts, published on 
                May 29, 2007 (72 Federal Register 29748)''; and
                    (C) in subparagraph (C), by inserting before the 
                period at the end the following: ``, including the 
                proposed regulation published on May 23, 2007 (72 
                Federal Register 28930)''.
            (2) Extension of certain moratoria in public law 110-173.--
        Section 206 of the Medicare, Medicaid, and SCHIP Extension Act 
        of 2007 (Public Law 110-173) is amended--
                    (A) by striking ``June 30, 2008'' and inserting 
                ``April 1, 2009'';
                    (B) by inserting ``, including the proposed 
                regulation published on August 13, 2007 (72 Federal 
                Register 45201),'' after ``rehabilitation services''; 
                and
                    (C) by inserting ``, including the final regulation 
                published on December 28, 2007 (72 Federal Register 
                73635),'' after ``school-based transportation''.
            (3) 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), (C), or (D) if such 
                restrictions are more restrictive in any aspect than 
                those applied to the respective provision as of the 
                date specified in subparagraph (E) 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) Proposed regulation relating to redefinition of 
                medicaid outpatient hospital services.--The provision 
                described in this subparagraph is the proposed 
                regulation relating to clarification of outpatient 
                clinic and hospital facility services definition and 
                upper payment limit under the Medicaid program 
                published on September 28, 2007 (72 Federal Register 
                55158) in its entirety.
                    (D) 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).
                    (E) Date specified.--The date specified in this 
                subparagraph for the provision described in--
                            (i) subparagraph (B) is December 3, 2007;
                            (ii) subparagraph (C) is September 27, 
                        2007; or
                            (iii) subparagraph (D) 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 Secretary 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 the 
                Secretary $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 the Secretary 
        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 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 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 July 1, 2008, 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) and in the 
                provisions described in subparagraph (B) through (D) of 
                paragraph (3) of such subsection were intended to 
                address;
                    (B) detailing 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 July 1, 2008, 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 March 
                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 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 material to 
                the determination of 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.
    (e) Adjustment to PAQI Fund.--Section 1848(l)(2) of the Social 
Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by section 101(a)(2) 
of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 
110-173), is amended--
            (1) in subparagraph (A)(i)--
                    (A) in subclause (III), by striking 
                ``$4,960,000,000'' and inserting ``$3,940,000,000''; 
                and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(IV) For expenditures during 
                                2014, an amount equal to 
                                $3,750,000,000.'';
            (2) in subparagraph (A)(ii), by adding at the end the 
        following new subclause:
                                    ``(IV) 2014.--The amount available 
                                for expenditures during 2014 shall only 
                                be available for an adjustment to the 
                                update of the conversion factor under 
                                subsection (d) for that year.''; and
            (3) in subparagraph (B)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(iv) 2014 for payment with respect to 
                        physicians' services furnished during 2014.''.

  TITLE 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--GI BILL FINANCING PROVISION

                      gi bill financing provision

    Sec. 7001.  (a) In General.--Part I of subchapter A of chapter 1 of 
the Internal Revenue Code of 1986 is amended by inserting after section 
1 the following new section:

``SEC. 1A. INCREASE IN TAX ON HIGH INCOME INDIVIDUALS TO FINANCE THE GI 
              BILL.

    ``(a) General Rule.--In the case of a taxpayer other than a 
corporation, there is hereby imposed (in addition to any other tax 
imposed by this subtitle) a tax equal to 0.47 percent of so much of 
modified adjusted gross income as exceeds $500,000 ($1,000,000 in the 
case of a joint return or a surviving spouse (as defined in section 
2(a)).
    ``(b) Modified Adjusted Gross Income.--For purposes of this 
section, the term `modified adjusted gross income' means adjusted gross 
income reduced by any deduction allowed for investment interest (as 
defined in section 163(d)). In the case of an estate or trust, a rule 
similar to the rule of section 67(e) shall apply for purposes of 
determining adjusted gross income for purposes of this section.
    ``(c) Nonresident Alien.--In the case of a nonresident alien 
individual, only amounts taken into account in connection with the tax 
imposed by section 871(b) shall be taken into account under this 
section.
    ``(d) Marital Status.--For purposes of this section, marital status 
shall be determined under section 7703.
    ``(e) Not Treated as Tax Imposed by This Chapter for Certain 
Purposes.--The tax imposed under this section shall not be treated as 
tax imposed by this chapter for purposes of determining the amount of 
any credit under this chapter or for purposes of section 55.''.
    (b) Clerical Amendment.--The table of sections for part I of 
subchapter A of chapter 1 of such Code is amended by inserting after 
the item relating to section 1 the following new item:

``Sec. 1A. Increase in tax on high income individuals to finance the GI 
                            bill.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2008.
    (d) Section 15 Not to Apply.--The amendment made by subsection (a) 
shall not be treated as a change in a rate of tax for purposes of 
section 15 of the Internal Revenue Code of 1986.

                     TITLE VIII--GENERAL PROVISIONS

                         availability of funds

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

                         emergency designation

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

                              short title

    Sec. 8003.  This Act may be cited as the ``Supplemental 
Appropriations Act, 2008''.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                               H.R. 2642

_______________________________________________________________________

                  HOUSE AMENDMENTS TO SENATE AMENDMENT
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