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: 

Ω1æPage 60 of the Senate engrossed amendment, after 

line 3, insert the following: 

1 TITLE X—POLICY REGARDING OPERATIONS IN 

2 IRAQ 

3 SENSE OF CONGRESS REGARDING UNITED STATES

4 MILITARY PERSONNEL

5 SEC. 10001. It is the sense of the Congress that the 

6 performance of United States military personnel should be 

7 commended, their courage and sacrifice have been excep8 tional, and when they come home, their service should be 

9 recognized appropriately. 
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1 UNITS DEPLOYED FOR COMBAT TO BE FULLY MISSION

2 CAPABLE

3 SEC. 10002. (a) The Congress finds that it is the policy 

4 of the Department of Defense that units should not be de5 ployed for combat unless they are rated ‘‘fully mission capa6 ble’’. 

7 (b) None of the funds made available in this or any 

8 other Act may be used to deploy any unit of the Armed 

9 Forces to Iraq unless the President has certified in writing 

10 to the Committees on Appropriations and the Committees 

11 on Armed Services of the House of Representatives and the 

12 Senate at least 15 days in advance of the deployment that 

13 the unit is fully mission capable in advance of entry into 

14 Iraq. 

15 (c) For purposes of subsection (b), the term ‘‘fully mis16 sion capable’’ means capable of performing assigned mis17 sion essential tasks to the prescribed standards under the 

18 conditions expected in the theater of operation, consistent 

19 with the guidelines set forth in the DoD Directive 7730.65, 

20 Subject: Department of Defense Readiness Reporting Sys21 tem; the Interim Force Allocation Guidance to the Global 

22 Force Management Board, dated February 6, 2008; and 

23 Army Regulation 220–1, Subject: Unit Status Reporting, 

24 dated December 19, 2006. 
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1 (d) The President, by certifying in writing to the Com2 mittees on Appropriations and the Committees on Armed 

3 Services of the House of Representatives and the Senate that 

4 the deployment to Iraq of a unit that is not assessed mission 

5 capable is required for reasons of national security and by 

6 submitting along with the certification a report in classified 

7 and unclassified form detailing the particular reason or 

8 reasons why the unit’s deployment is necessary despite the 

9 unit commander’s assessment that the unit is not mission 

10 capable, may waive the limitations prescribed in subsection 

11 (b) on a unit-by-unit basis. 

12 TIME LIMIT ON COMBAT DEPLOYMENTS

13 SEC. 10003. (a) The Congress finds that it is the policy 

14 of the Department of Defense that Army, Army Reserve, 

15 and National Guard units should not be deployed for com16 bat beyond 365 days and that Marine Corps and Marine 

17 Corps Reserve units should not be deployed for combat be18 yond 210 days. 

19 (b) None of the funds made available in this or any 

20 other Act may be obligated or expended to initiate the devel21 opment of, continue the development of, or execute any order 

22 that has the effect of extending the deployment for Operation 

23 Iraqi Freedom of— 

24 (1) any unit of the Army, Army Reserve, or 

25 Army National Guard beyond 365 days; or 
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1 (2) any unit of the Marine Corps or Marine 

2 Corps Reserve beyond 210 days. 

3 (c) The limitation prescribed in subsection (b) shall 

4 not be construed to require force levels in Iraq to be de5 creased below the total United States force levels in Iraq 

6 as of January 9, 2007. 

7 (d) The President may waive the limitations pre8 scribed in subsection (b) on a unit-by-unit basis if the 

9 President certifies in writing to the Committees on Appro10 priations and the Committees on Armed Services of the 

11 House of Representatives and the Senate that the extension 

12 of a unit’s deployment in Iraq beyond the period applicable 

13 to the unit under such subsection is required for reasons 

14 of national security. The certification shall include a report, 

15 in classified and unclassified form, detailing the particular 

16 reason or reasons why the unit’s extended deployment is 

17 necessary. 

18 DWELL TIME BETWEEN COMBAT DEPLOYMENTS

19 SEC. 10004. (a) The Congress finds that it is the policy 

20 of the Department of Defense that an Army, Army Reserve, 

21 or National Guard unit should not be redeployed for combat 

22 if the unit has been deployed within the previous 365 con23 secutive days and that a Marine Corps or Marine Corps 

24 Reserve unit should not be redeployed for combat if the unit 

25 has been deployed within the previous 210 days. 
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1 (b) None of the funds made available in this or any 

2 other Act may be obligated or expended to initiate the devel3 opment of, continue the development of, or execute any order 

4 that has the effect of deploying for Operation Iraqi Freedom 

5 of— 

6 (1) any unit of the Army, Army Reserve, or 

7 Army National Guard if such unit has been deployed 

8 within the previous 365 consecutive days; or 

9 (2) any unit of the Marine Corps or Marine 

10 Corps Reserve if such unit has been deployed within 

11 the previous 210 consecutive days. 

12 (c) The limitation prescribed in subsection (b) shall 

13 not be construed to require force levels in Iraq to be de14 creased below the total United States force levels in Iraq 

15 as of January 9, 2007. 

16 (d) The President may waive the limitations pre17 scribed in subsection (b) on a unit-by-unit basis if the 

18 President certifies in writing to the Committees on Appro19 priations and the Committees on Armed Services of the 

20 House of Representatives and the Senate that the redeploy21 ment of a unit to Iraq in advance of the expiration of the 

22 period applicable to the unit under such subsection is re23 quired for reasons of national security. The certification 

24 shall include a report, in classified and unclassified form, 
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1 detailing the particular reason or reasons why the unit’s 

2 early redeployment is necessary. 

3 LIMITATION ON INTERROGATION TECHNIQUES

4 SEC. 10005. (a) No individual in the custody or under 

5 the effective control of an element of the intelligence commu6 nity or instrumentality thereof, regardless of nationality or 

7 physical location, shall be subject to any treatment or tech8 nique of interrogation not authorized by the United States 

9 Army Field Manual on Human Intelligence Collector Oper10 ations. 

11 (b) In this section, the term ‘‘instrumentality’’, with 

12 respect to an element of the intelligence community, means 

13 a contractor or subcontractor at any tier of the element of 

14 the intelligence community. 

15 REGISTRATION WITH THE INTERNATIONAL COMMITTEE OF

16 THE RED CROSS

17 SEC. 10006. (a) None of the funds appropriated or oth18 erwise made available in this or any other Act may be used 

19 to detain any individual who is in the custody or under 

20 the effective control of an element of the intelligence commu21 nity or an instrumentality thereof unless the International 

22 Committee of the Red Cross is provided notification of the 

23 detention of and access to such person in a timely manner 

24 and consistent with the practices of the Armed Forces of 

25 the United States. 
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1 (b) For purposes of this section, the term ‘‘instrumen2 tality’’, with respect to an element of the intelligence com3 munity, means a contractor or subcontractor at any tier 

4 of the element of the intelligence community. 

5 (c) Nothing in this section shall be construed to create 

6 or otherwise imply the authority to detain, or to limit or 

7 otherwise affect any other rights or obligations which may 

8 arise under the Geneva Conventions or other laws, or to 

9 state all of the situations under which notification to and 

10 access for the International Committee of the Red Cross is 

11 required or allowed. 

12 PROHIBITION OF PERMANENT BASES IN IRAQ

13 SEC. 10007. None of the funds appropriated or other14 wise made available in this or any other Act may be obli15 gated or expended by the United States Government for a 

16 purpose as follows: 

17 (1) To establish any military installation or base 

18 for the purpose of providing for the permanent sta19 tioning of United States Armed Forces in Iraq. 

20 (2) To exercise United States control over any 

21 oil resource of Iraq. 

22 LIMITATION ON DEFENSE AGREEMENTS WITH THE

23 GOVERNMENT OF IRAQ

24 SEC. 10008. (a) None of the funds appropriated or oth25 erwise made available in this or any other Act may be used 

26 to negotiate, enter into, or implement any agreement with 
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1 the Government of Iraq that includes security assurances 

2 for mutual defense, unless the agreement— 

3 (1) is in the form of a treaty requiring the ad4 vice and consent of the Senate (or is intended to take 

5 that form in the case of an agreement under negotia6 tion); or 

7 (2) is specifically authorized by a law enacted 

8 after the date of enactment of this Act. 

9 (b) For purposes of this section, an agreement shall 

10 be considered to include security assurances for mutual de11 fense if it includes provisions addressing any of the fol12 lowing: 

13 (1) A binding commitment to deploy United 

14 States Armed Forces in defense of Iraq, or of any gov15 ernment or faction in Iraq, against any foreign or do16 mestic threat. 

17 (2) The number of United States Armed Forces 

18 personnel to be deployed to, or stationed in, Iraq. 

19 (3) The mission of United States Armed Forces 

20 deployed to Iraq. 

21 (4) The duration of the presence of United States 

22 Armed Forces in Iraq. 

23 PROHIBITION ON AGREEMENTS SUBJECTING ARMED

24 FORCES TO IRAQI CRIMINAL JURISDICTION

25 SEC. 10009. None of the funds appropriated or other26 wise made available in this or any other Act may be used 
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1 to negotiate, enter into, or implement an agreement with 

2 the Government of Iraq that would subject members of the 

3 Armed Forces of the United States to the jurisdiction of 

4 Iraq criminal courts or punishment under Iraq law. 

5 REQUIREMENT FOR MATCHING FUNDS FROM GOVERNMENT

6 OF IRAQ

7 SEC. 10010. (a) Notwithstanding any other provision 

8 of law, funds appropriated or otherwise made available in 

9 this or any other Act for assistance for Iraq, including 

10 training, capacity building, and construction and repair 

11 of infrastructure, shall be available only to the extent that 

12 the Government of Iraq matches such assistance on a dollar13 for-dollar basis. 

14 (b) subsection (a) shall not apply to— 

15 (1) grants and cooperative agreements for pro16 grams to promote democracy and human rights; 

17 (2) the Community Action Program and other 

18 direct assistance to non-governmental organizations; 

19 (3) humanitarian demining; 

20 (4) assistance for refugees, internally displaced 

21 persons, and civilian victims of military operations; 

22 (5) intelligence or intelligence-related activities; 

23 or 

24 (6) projects with an estimated cost of less than 

25 $750,000 undertaken through the Commander’s Emer26 gency Response Program. 
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1 (c) The Secretary of State and the Secretary of Defense 

2 shall certify to the Committees on Appropriations of the 

3 House of Representatives and Senate, prior to the initial 

4 obligation by their respective Departments of funds covered 

5 by the limitation in subsection (a), that the Government 

6 of Iraq has committed to obligate matching funds on a dol7 lar-for-dollar basis. The Secretary of State shall submit a 

8 report to the Committees on Appropriations not later than 

9 September 30, 2009 detailing the amounts of funds obli10 gated and expended by the Government of Iraq to meet the 

11 requirements of this section. 

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

13 the Secretary of State shall submit a report to the Commit14 tees on Appropriations detailing the amounts provided by 

15 the Government of Iraq since June 30, 2004, to assist Iraqi 

16 refugees in Syria, Jordan, and elsewhere, and the amount 

17 of such assistance the Government of Iraq plans to provide 

18 in fiscal year 2008. The Secretary shall work expeditiously 

19 with the Government of Iraq to establish an account within 

20 its annual budget sufficient to, at a minimum, match 

21 United States contributions on a dollar-for-dollar basis to 

22 organizations and programs for the purpose of assisting 

23 Iraqi refugees. 

24 (e) As part of the report required by section 609 of 

25 division L of the Consolidated Appropriations Act, 2008 
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1 (Public Law 110–161), the Secretary of Defense shall sub2 mit to Congress a report on the most recent annual budget 

3 for the Government of Iraq, including— 

4 (1) a description of amounts budgeted for sup5 port of Iraqi security and police forces and an assess6 ment of how planned funding will impact the train7 ing, equipping and overall readiness of those forces; 

8 (2) an assessment of the capacity of the Govern9 ment of Iraq to implement the budget as planned, in10 cluding reports on year-to-year spend rates, if avail11 able; and 

12 (3) a description of any budget surplus or def13 icit, if applicable. 

14 PARTIAL REIMBURSEMENT FROM IRAQ FOR FUEL COSTS

15 SEC. 10011. (a) None of the funds made available in 

16 this Act under the heading ‘‘Operation and Maintenance, 

17 Defense-Wide’’ for the Office of the Secretary of Defense or 

18 Washington Headquarters Services may be obligated or ex19 pended until the agreement described in subsection (b)(1) 

20 is complete and the report required by subsection (b)(2) has 

21 been transmitted to Congress, except that the limitation in 

22 this subsection may be waived if the President determines 

23 and certifies to the Committees on Appropriations of the 

24 House of Representatives and Senate that such waiver is 

25 in the national security interests of the United States. 
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1 (b) Not later than 90 days after enactment of this Act, 

2 the President shall— 

3 (1) complete an agreement with the Government 

4 of Iraq to subsidize fuel costs for United States Armed 

5 Forces operating in Iraq so the price of fuel per gal6 lon to those forces is equal to the discounted price per 

7 gallon at which the Government of Iraq is providing 

8 fuel for domestic Iraqi consumption; and 

9 (2) transmit a report to the Committees on Ap10 propriations on the details and terms of that agree11 ment. 

12 (c) Amounts received from the Government of Iraq 

13 under an agreement described in subsection (b)(1) shall be 

14 credited to the appropriations or funds that incurred obli15 gations for the fuel costs being subsidized, as determined 

16 by the Secretary of Defense. 

17 TIMETABLE FOR REDEPLOYMENT OF UNITED STATES

18 FORCES FROM IRAQ

19 SEC. 10012. (a) Notwithstanding any other provision 

20 of law, funds appropriated or otherwise made available in 

21 this Act may be used to plan and execute a safe and orderly 

22 redeployment of United States Armed Forces from Iraq. 

23 (b) Within 30 days after enactment of this Act, the 

24 President shall commence an immediate and orderly rede25 ployment of United States Armed Forces from Iraq, with 

26 a goal of completing such redeployment within 18 months. 
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1 The President shall endeavor to begin such redeployment 

2 with units of the Armed Forces that have been deployed in 

3 excess of 365 days, except to the extent those units are need4 ed to provide for the safe withdrawal of other units of the 

5 Armed Forces or to protect United States and Coalition 

6 personnel and infrastructure. 

7 (c) After completion of the redeployment required by 

8 subsection (b), members of the United States Armed Forces 

9 may be deployed to, or maintained in, Iraq only to the ex10 tent necessary to carry out the following missions: 

11 (1) Protecting the diplomatic facilities, Armed 

12 Forces, and citizens of the United States in Iraq. 

13 (2) Conducting limited training of, equipping, 

14 and providing logistical and intelligence support to, 

15 Iraqi security forces. 

16 (3) Engaging in targeted counterterrorism oper17 ations against al-Qaeda, groups affiliated with al18 Qaeda, and other terrorist organizations in Iraq. 

19 (d) Not later than July 1, 2008, and every 90 days 

20 thereafter, the Secretary of Defense shall submit to the con21 gressional defense committees a report setting forth the fol22 lowing: 

23 (1) The current plan for and the status of the re24 duction of United States Armed Forces in Iraq and 

25 the transition of the Armed Forces in Iraq to a lim-
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1 ited presence whose missions do not exceed the mis2 sions specified in subsection (c), including the associ3 ated force reductions and adjustments and expecta4 tions with respect to timelines and the force levels an5 ticipated to perform those missions. 

6 (2) A comprehensive current description of efforts 

7 to prepare for the reduction and transition of United 

8 States Armed Forces in Iraq in accordance with this 

9 section and to limit any destabilizing consequences of 

10 such reduction and transition, including a descrip11 tion of efforts to work with the United Nations and 

12 countries in the region toward that objective. 

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

14 the Secretary of State shall provide to the Committees on 

15 Appropriations of the House of Representatives and Senate 

16 a strategy for civilian-led post-conflict stabilization and re17 construction assistance for Iraq. The strategy (which may 

18 be provided in classified form if necessary) shall include— 

19 (1) the plans and timetable for transfer of all re20 sponsibility for United States post-conflict stabiliza21 tion and reconstruction assistance from the Depart22 ment of Defense to the Department of State and the 

23 United States Agency for International Development; 

24 and 
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1 (2) the staff, security and resource requirements 

2 for United States diplomatic efforts and assistance 

3 programs in Iraq. 

4 TITLE XI—REFORMS RELATED TO WAR 

5 PROFITEERING AND CONTRACTORS 

6 CHAPTER 1—ADJUSTMENT OF WARTIME 

7 STATUTE OF LIMITATIONS 

8 ADJUSTMENT OF WARTIME STATUTE OF LIMITATIONS

9 SEC. 11101. Section 3287 of title 18, United States 

10 Code, is amended— 

11 (1) by inserting ‘‘or Congress has enacted a spe12 cific authorization for the use of the Armed Forces, as 

13 described in section 5(b) of the War Powers Resolu14 tion (50 U.S.C. 1544(b)),’’ after ‘‘is at war’’; 

15 (2) by inserting ‘‘or directly connected with or 

16 related to the authorized use of the Armed Forces’’ 

17 after ‘‘prosecution of the war’’; 

18 (3) by striking ‘‘three years’’ and inserting ‘‘5 

19 years’’; 

20 (4) by striking ‘‘proclaimed by the President’’ 

21 and inserting ‘‘proclaimed by a Presidential procla22 mation, with notice to Congress,’’; and 

23 (5) by adding at the end the following: ‘‘For pur24 poses of applying such definitions in this section, the 

25 term ‘war’ includes a specific authorization for the 
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1 use of the Armed Forces, as described in section 5(b) 

2 of the War Powers Resolution (50 U.S.C. 1544(b)).’’. 

3 CHAPTER 2—WAR PROFITEERING AND FRAUD 

4 WAR PROFITEERING AND FRAUD

5 SEC. 11201. (a) PROHIBITION ON WAR PROFIT6 EERING.— 

7 (1) IN GENERAL.—Chapter 47 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 1041. War profiteering and fraud 

11 ‘‘(a) PROHIBITION.—Whoever, in any matter involv12 ing a contract with, or the provision of goods or services 

13 to, the United States or a provisional authority, in connec14 tion with a mission of the United States Government over15 seas, knowingly— 

16 ‘‘(1)(A) executes or attempts to execute a scheme 

17 or artifice to defraud the United States or that au18 thority; or 

19 ‘‘(B) materially overvalues any good or service 

20 with the intent to defraud the United States or that 

21 authority; 

22 shall be fined not more than $1,000,000 or impris23 oned not more than 20 years, or both; or 

24 ‘‘(2) in connection with the contract or the pro25 vision of those goods or services— 
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1 ‘‘(A) falsifies, conceals, or covers up by any 

2 trick, scheme, or device a material fact; 

3 ‘‘(B) makes any materially false, fictitious, 

4 or fraudulent statements or representations; or 

5 ‘‘(C) makes or uses any materially false 

6 writing or document knowing the same to con7 tain any materially false, fictitious, or fraudu8 lent statement or entry; 

9 shall be fined not more than $1,000,000 or impris10 oned not more than 10 years, or both. 

11 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is 

12 extraterritorial Federal jurisdiction over an offense under 

13 this section. 

14 ‘‘(c) VENUE.—A prosecution for an offense under this 

15 section may be brought— 

16 ‘‘(1) as authorized by chapter 211 of this title; 

17 ‘‘(2) in any district where any act in further18 ance of the offense took place; or 

19 ‘‘(3) in any district where any party to the con20 tract or provider of goods or services is located.’’. 

21 (2) TABLE OF SECTIONS.—The table of sections 

22 for chapter 47 of such title is amended by adding at 

23 the end the following: 

‘‘1041. War profiteering and fraud.’’. 
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1 (b) CRIMINAL FORFEITURE.—Section 982(a)(2)(B) of 

2 title 18, United States Code, is amended by striking ‘‘or 

3 1030’’ and inserting ‘‘1030, or 1041’’. 

4 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

5 title 18, United States Code, is amended by inserting ‘‘sec6 tion 1041 (relating to war profiteering and fraud),’’ after 

7 ‘‘liquidating agent of financial institution),’’. 

8 (d) RICO.—Section 1961(1) of title 18, United States 

9 Code, is amended by inserting ‘‘section 1041 (relating to 

10 war profiteering and fraud),’’ after ‘‘in connection with ac11 cess devices),’’. 

12 CHAPTER 3—MILITARY EXTRATERRITORIAL 

13 JURISDICTION 

14 SHORT TITLE

15 SEC. 11301. This chapter may be cited as the ‘‘MEJA 

16 Expansion and Enforcement Act of 2008’’. 

17 LEGAL STATUS OF CONTRACT PERSONNEL

18 SEC. 11302. (a) CLARIFICATION OF MILITARY

19 EXTRATERRITORIAL JURISDICTION ACT.— 

20 (1) INCLUSION OF FEDERAL EMPLOYEES AND

21 CONTRACTORS.—Section 3261(a) of title 18, United 

22 States Code, is amended— 

23 (A) in paragraph (1), by striking ‘‘or’’ at 

24 the end; 
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1 (B) in paragraph (2), by striking the 

2 comma at the end and inserting a semicolon; 

3 and 

4 (C) by inserting after paragraph (2) the fol5 lowing new paragraphs: 

6 ‘‘(3) while employed by any Department or 

7 agency of the United States other than the Armed 

8 Forces in a foreign country in which the Armed 

9 Forces are conducting a qualifying military oper10 ation; or 

11 ‘‘(4) while employed as a security officer or secu12 rity contractor by any Department or agency of the 

13 United States other than the Armed Forces,’’. 

14 (2) DEFINITIONS.—Section 3267 of title 18, 

15 United States Code, is amended— 

16 (A) in paragraph (1), by striking subpara17 graph (A) and inserting the following new sub18 paragraph: 

19 ‘‘(A) employed by or performing services 

20 under a contract with or grant from the Depart21 ment of Defense (including a nonappropriated 

22 fund instrumentality of the Department) as— 

23 ‘‘(i) a civilian employee (including an 

24 employee from any other Executive agency 
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1 on temporary assignment to the Depart2 ment of Defense); 

3 ‘‘(ii) a contractor (including a subcon4 tractor at any tier); or 

5 ‘‘(iii) an employee of a contractor (in6 cluding a subcontractor at any tier);’’; and 

7 (B) by adding at the end the following new 

8 paragraphs: 

9 ‘‘(5) The term ‘employed by any Department or 

10 agency of the United States other than the Armed 

11 Forces’ means— 

12 ‘‘(A) employed by or performing services 

13 under a contract with or grant from any De14 partment or agency of the United States, or any 

15 provisional authority funded in whole or sub16 stantial part or created by the United States 

17 Government, other than the Department of De18 fense as— 

19 ‘‘(i) a civilian employee; 

20 ‘‘(ii) a contractor (including a subcon21 tractor at any tier); or 

22 ‘‘(iii) an employee of a contractor (in23 cluding a subcontractor at any tier); 

24 ‘‘(B) present or residing outside the United 

25 States in connection with such employment; and 
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1 ‘‘(C) not a national of or ordinarily a resi2 dent in the host nation. 

3 ‘‘(6) The term ‘employed as a security officer or 

4 security contractor by any Department or agency of 

5 the United States other than the Armed Forces’ 

6 means— 

7 ‘‘(A) employed by or performing services 

8 under a contract with or grant from any De9 partment or agency of the United States, or any 

10 provisional authority funded in whole or sub11 stantial part or created by the United States 

12 Government, other than the Department of De13 fense as— 

14 ‘‘(i) a civilian employee; 

15 ‘‘(ii) a contractor (including a subcon16 tractor at any tier); or 

17 ‘‘(iii) an employee of a contractor (in18 cluding a subcontractor at any tier); 

19 ‘‘(B) authorized in the course of such em20 ployment— 

21 ‘‘(i) to provide physical protection to 

22 or security for persons, places, buildings, fa23 cilities, supplies, or means of transpor24 tation; 
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1 ‘‘(ii) to carry or possess a firearm or 

2 dangerous weapon, as defined by section 

3 930(g)(2) of this chapter; 

4 ‘‘(iii) to use force against another; or 

5 ‘‘(iv) to supervise individuals per6 forming the activities described in clause 

7 (i), (ii) or (iii); 

8 ‘‘(C) present or residing outside the United 

9 States in connection with such employment; and 

10 ‘‘(D) not a national of or ordinarily resi11 dent in the host nation. 

12 ‘‘(7) The term ‘qualifying military operation’ 

13 means— 

14 ‘‘(A) a military operation covered by a dec15 laration of war or an authorization of the use of 

16 military force by Congress; 

17 ‘‘(B) a contingency operation (as defined in 

18 section 101 of title 10); or 

19 ‘‘(C) any other military operation outside of 

20 the United States, including a humanitarian as21 sistance or peace keeping operation, provided 

22 such operation is conducted pursuant to an order 

23 from or approved by the Secretary of Defense.’’. 

24 (b) DEPARTMENT OF JUSTICE INSPECTOR GENERAL

25 REPORT.— 
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1 (1) REPORT REQUIRED.—Not later than 180 

2 days after the date of the enactment of this Act, the 

3 Inspector General of the Department of Justice, in 

4 consultation with the Inspectors General of the De5 partment of Defense, the Department of State, the 

6 United States Agency for International Development, 

7 the Department of Agriculture, the Department of 

8 Energy, and other appropriate Federal departments 

9 and agencies, shall submit to Congress a report in ac10 cordance with this subsection. 

11 (2) CONTENT OF REPORT.—The report under 

12 paragraph (1) shall include, for the period beginning 

13 on October 1, 2001, and ending on the date of the re14 port— 

15 (A) unless the description pertains to non16 public information that relates to an ongoing in17 vestigation or criminal or civil proceeding under 

18 seal, a description of any alleged violations of 

19 section 3261 of title 18, United States Code, re20 ported to the Inspector Generals identified in 

21 paragraph (1) or the Department of Justice, in22 cluding— 

23 (i) the date of the complaint and the 

24 type of offense alleged; 
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1 (ii) whether any investigation was 

2 opened or declined based on the complaint; 

3 (iii) whether the investigation was 

4 closed, and if so, when it was closed; 

5 (iv) whether a criminal or civil case 

6 was filed as a result of the investigation, 

7 and if so, when it was filed; and 

8 (v) any charges or complaints filed in 

9 those cases; and 

10 (B) unless the description pertains to non11 public information that relates to an ongoing in12 vestigation or criminal or civil proceeding under 

13 seal, and with appropriate safeguards for the 

14 protection of national security information, a de15 scription of any shooting or escalation of force 

16 incidents in Iraq or Afghanistan involving al17 leged misconduct by persons employed as a secu18 rity officer or security contractor by any Depart19 ment or agency of the United States, and any of20 ficial action taken against such persons. 

21 (3) FORM OF REPORT.—The report under para22 graph (1) shall be submitted in unclassified form, but 

23 may contain a classified annex as appropriate. 

24 INVESTIGATIVE UNITS FOR CONTRACTOR OVERSIGHT

25 SEC. 11303. (a) ESTABLISHMENT OF INVESTIGATIVE

26 UNITS FOR CONTRACTOR OVERSIGHT.— 
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1 (1) IN GENERAL.—The Attorney General, in con2 sultation with the Secretary of Defense, the Secretary 

3 of State, the Secretary of Homeland Security, and the 

4 heads of any other Federal departments or agencies 

5 responsible for employing private security contractors 

6 or contractors (or subcontractors at any tier) in a for7 eign country where the Armed Forces are conducting 

8 a qualifying military operation— 

9 (A) shall assign adequate personnel and re10 sources through the creation of Investigative 

11 Units for Contractor Oversight to investigate al12 legations of criminal violations under para13 graphs (3) and (4) of section 3261(a) of title 18, 

14 United States Code (as amended by section 

15 11302(a) of this chapter); and 

16 (B) may authorize the overseas deployment 

17 of law enforcement agents and other Department 

18 of Justice personnel for that purpose. 

19 (2) RULE OF CONSTRUCTION.—Nothing in this 

20 subsection shall limit any existing authority of the 

21 Attorney General or any Federal law enforcement 

22 agency to investigate violations of Federal law or de23 ploy personnel overseas. 

24 (b) REFERRAL FOR PROSECUTION.—Upon conclusion 

25 of an investigation of an alleged violation of sections 
26 

•HR 2642 EAH 

1 3261(a)(3) and 3261(a)(4) of title 18, United States Code, 

2 an Investigative Unit for Contractor Oversight may refer 

3 the matter to the Attorney General for further action, as 

4 appropriate in the discretion of the Attorney General. 

5 (c) RESPONSIBILITIES OF THE ATTORNEY GEN6 ERAL.— 

7 (1) INVESTIGATION.—The Attorney General shall 

8 have the principal authority for the enforcement of 

9 sections 3261(a)(3) and 3261(a)(4) of title 18, United 

10 States Code, and shall have the authority to initiate, 

11 conduct, and supervise investigations of any alleged 

12 violations of such sections 3261(a)(3) and 3261(a)(4). 

13 (2) ASSISTANCE ON REQUEST OF THE ATTORNEY

14 GENERAL.—Notwithstanding any statute, rule, or reg15 ulation to the contrary, the Attorney General may re16 quest assistance from the Secretary of Defense, the 

17 Secretary of State, or the head of any other Executive 

18 agency to enforce this chapter. This requested assist19 ance may include the assignment of additional per20 sonnel and resources to an Investigative Unit for Con21 tractor Oversight established by the Attorney General 

22 under subsection (a). 

23 (3) ANNUAL REPORT.—Not later than one year 

24 after the date of enactment of this Act, and annually 

25 thereafter, the Attorney General, in consultation with 
27 

•HR 2642 EAH 

1 the Secretary of Defense and the Secretary of State, 

2 shall submit to Congress a report containing— 

3 (A) the number of violations of sections 

4 3261(a)(3) and 3261(a)(4) of title 18, United 

5 States Code, received, investigated, and referred 

6 for prosecution by Federal law enforcement au7 thorities during the previous year; 

8 (B) the number and location of Investiga9 tive Units for Contractor Oversight deployed to 

10 investigate violations of such sections 3261(a)(3) 

11 and 3261(a)(4) during the previous year; and 

12 (C) any recommended changes to Federal 

13 law that the Attorney General considers nec14 essary to enforce this chapter and the amend15 ments made by this chapter and chapter 212 of 

16 title 18, United States Code. 

17 REMOVAL PROCEDURES FOR NON-DEPARTMENT OF

18 DEFENSE EMPLOYEES AND CONTRACTORS

19 SEC. 11304. (a) ATTORNEY GENERAL REGULA20 TIONS.—Section 3266 of title 18, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(d) The Attorney General, after consultation with the 

23 Secretary of Defense, the Secretary of State, and the Direc24 tor of National Intelligence, may prescribe regulations gov25 erning the investigation, apprehension, detention, delivery, 

26 and removal of persons described in sections 3261(a)(3) and 
28 

•HR 2642 EAH 

1 3261(a)(4) and describing the notice due, if any, foreign 

2 nationals potentially subject to the criminal jurisdiction of 

3 the United States under those sections.’’. 

4 (b) CLARIFYING AND CONFORMING AMENDMENTS.— 

5 (1) IN GENERAL.—Chapter 212 of title 18, 

6 United States Code, is amended— 

7 (A) in section 3261(a)— 

8 (i) by inserting ‘‘against the United 

9 States’’ after ‘‘offense’’ the first time it ap10 pears; and 

11 (ii) by inserting ‘‘within the United 

12 States or’’ after ‘‘had been engaged in’’; 

13 (B) in section 3262— 

14 (i) in subsection (a), by striking ‘‘sec15 tion 3261(a)’’ the first place it appears and 

16 inserting ‘‘section 3261(a)(1) or 

17 3261(a)(2)’’; 

18 (ii) by redesignating subsection (b) as 

19 subsection (c); and 

20 (iii) by inserting after subsection (a) 

21 the following new subsection (b): 

22 ‘‘(b) The Attorney General may designate and author23 ize any person serving in a law enforcement position in 

24 the Department of Justice, the Department of Defense, the 

25 Department State, or any other Executive agency to arrest, 
29 

•HR 2642 EAH 

1 in accordance with applicable international agreements, 

2 outside the United States any person described in section 

3 3261(a) if there is probable cause to believe that such person 

4 violated section 3261(a).’’; 

5 (C) in section 3263(a), by striking ‘‘section 

6 3261(a)’’ the first place it appears and inserting 

7 ‘‘section 3261(a)(1) or 3261(a)(2)’’; 

8 (D) in section 3264(a), by inserting ‘‘de9 scribed in section 3261(a)(1) or 3261(a)(2)’’ be10 fore ‘‘arrested’’; 

11 (E) section 3265(a)(1) by inserting ‘‘de12 scribed in section 3261(a)(1) or 3261(a)(2)’’ be13 fore ‘‘arrested’’; and 

14 (F) in section 3266(a), by striking ‘‘under 

15 this chapter’’ and inserting ‘‘described in section 

16 3261(a)(1) or 3261(a)(2)’’. 

17 (2) ADDITIONAL AMENDMENT.—Section 7(9) of 

18 title 18, United States Code, is amended by striking 

19 ‘‘section 3261(a)’’ and inserting ‘‘section 3261(a)(1) 

20 or 3261(a)(2)’’. 

21 RULES OF CONSTRUCTION

22 SEC. 11305. (a) IN GENERAL.—Nothing in this chap23 ter or the amendments made by this chapter shall apply 

24 to authorized and otherwise lawful intelligence activities 

25 carried out by or at the direction of the United States. 
30 

•HR 2642 EAH 

1 (b) DEFENSES.—Nothing in this section shall be con2 strued to limit or extinguish any defense or protection oth3 erwise available to any person or entity from suit, civil or 

4 criminal liability, or damages, or to provide immunity 

5 from prosecution for any criminal offense by the proper au6 thorities. 

7 (c) EXISTING EXTRATERRITORIAL JURISDICTION.— 

8 Nothing in this chapter or the amendments made by this 

9 chapter shall be construed to limit or affect the 

10 extraterritorial jurisdiction related to any Federal statute 

11 not amended by this chapter. 

12 DEFINITION

13 SEC. 11306. For purposes of this chapter and the 

14 amendments made by this chapter, the term ‘‘Executive 

15 agency’’ has the meaning given in section 105 of title 5, 

16 United States Code. 

17 EFFECTIVE DATE

18 SEC. 11307. (a) IMMEDIATE EFFECTIVENESS.—The 

19 provisions of this chapter shall enter into effect immediately 

20 upon the enactment of this Act. 

21 (b) IMPLEMENTATION.—The Attorney General and the 

22 head of any other Federal department or agency to which 

23 this chapter applies shall have 90 days after the date of 

24 the enactment of this Act to ensure compliance with the pro25 visions of this chapter. 
31 

•HR 2642 EAH 

Ω2æPage 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: 

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

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

5 TITLE I—MILITARY CONSTRUCTION, VETERANS 

6 AFFAIRS, INTERNATIONAL AFFAIRS, AND 

7 OTHER SECURITY-RELATED MATTERS 

8 CHAPTER 1—AGRICULTURE 

9 DEPARTMENT OF AGRICULTURE 

10 FOREIGN AGRICULTURAL SERVICE

11 PUBLIC LAW 480 TITLE II GRANTS

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

13 II Grants’’, $850,000,000, to remain available until ex14 pended. 

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

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

17 1, 2008, and to remain available until expended. 
32 

•HR 2642 EAH 

1 CHAPTER 2—COMMERCE, JUSTICE, AND SCIENCE 

2 DEPARTMENT OF JUSTICE 

3 OFFICE OF INSPECTOR GENERAL

4 For an additional amount for ‘‘Office of Inspector 

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

6 30, 2009. 

7 LEGAL ACTIVITIES

8 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

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

11 until September 30, 2009. 

12 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

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

15 until September 30, 2009. 

16 UNITED STATES MARSHALS SERVICE

17 SALARIES AND EXPENSES

18 For an additional amount for ‘‘Salaries and Ex19 penses’’, $18,621,000, to remain available until September 

20 30, 2009. 

21 FEDERAL BUREAU OF INVESTIGATION

22 SALARIES AND EXPENSES

23 For an additional amount for ‘‘Salaries and Ex24 penses’’, $92,169,000, to remain available until September 

25 30, 2009. 
33 

•HR 2642 EAH 

1 For an additional amount for ‘‘Salaries and Ex2 penses’’, $82,600,000, to become available on October 1, 

3 2008, and to remain available until September 30, 2009. 

4 DRUG ENFORCEMENT ADMINISTRATION

5 SALARIES AND EXPENSES

6 For an additional amount for ‘‘Salaries and Ex7 penses’’, $12,166,000, to remain available until September 

8 30, 2009. 

9 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

10 EXPLOSIVES

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Salaries and Ex13 penses’’, $4,000,000, to remain available until September 

14 30, 2009. 

15 FEDERAL PRISON SYSTEM

16 SALARIES AND EXPENSES

17 For an additional amount for ‘‘Salaries and Ex18 penses’’, $9,100,000, to remain available until September 

19 30, 2009. 

20 CHAPTER 3—MILITARY CONSTRUCTION AND 

21 VETERANS AFFAIRS 

22 DEPARTMENT OF DEFENSE 

23 MILITARY CONSTRUCTION, ARMY

24 For an additional amount for ‘‘Military Construction, 

25 Army’’, $1,432,700,000, to remain available until Sep-
34 

•HR 2642 EAH 

1 tember 30, 2009: Provided, That notwithstanding any other 

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

3 to carry out planning and design and military construction 

4 projects not otherwise authorized by law: Provided further, 

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

6 $73,400,000 shall be available for study, planning, design, 

7 and architect and engineer services: Provided further, That 

8 of the funds made available under this heading, $72,000,000 

9 shall not be obligated or expended until after that date on 

10 which the Secretary of Defense submits a detailed spending 

11 plan, including a 1391 form for each facilities replacement 

12 project, to the Committees on Appropriations of the House 

13 of Representatives and Senate: Provided further, That of the 

14 funds provided under this heading, $533,700,000 shall not 

15 be obligated or expended until the Secretary of Defense cer16 tifies that none of the funds are to be used for the purpose 

17 of providing facilities for the permanent basing of United 

18 States military personnel in Iraq. 

19 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

20 For an additional amount for ‘‘Military Construction, 

21 Navy and Marine Corps’’, $423,357,000, to remain avail22 able until September 30, 2009: Provided, That notwith23 standing any other provision of law, such funds may be 

24 obligated and expended to carry out planning and design 

25 and military construction projects not otherwise authorized 
35 

•HR 2642 EAH 

1 by law: Provided further, That of the funds provided under 

2 this heading, not to exceed $15,843,000 shall be available 

3 for study, planning, design, and architect and engineer 

4 services. 

5 MILITARY CONSTRUCTION, AIR FORCE

6 For an additional amount for ‘‘Military Construction, 

7 Air Force’’, $409,627,000, to remain available until Sep8 tember 30, 2009: Provided, That notwithstanding any other 

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

10 to carry out planning and design and military construction 

11 projects not otherwise authorized by law: Provided further, 

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

13 $36,427,000 shall be available for study, planning, design, 

14 and architect and engineer services: Provided further, That 

15 of the funds provided under this heading, $58,300,000 shall 

16 not be obligated or expended until the Secretary of Defense 

17 certifies that none of the funds are to be used for the purpose 

18 of providing facilities for the permanent basing of United 

19 States military personnel in Iraq. 

20 MILITARY CONSTRUCTION, DEFENSE-WIDE

21 For an additional amount for ‘‘Military Construction, 

22 Defense-Wide’’, $1,009,600,000, to remain available until 

23 September 30, 2009: Provided, That notwithstanding any 

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

25 expended to carry out planning and design and military 
36 

•HR 2642 EAH 

1 construction projects not otherwise authorized by law: Pro2 vided further, That of the funds provided, $982,000,000 

3 shall be for medical treatment facilities construction (in4 cluding planning and design) and shall remain available 

5 until September 30, 2012. 

6 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

7 CORPS

8 For an additional amount for ‘‘Family Housing Con9 struction, Navy and Marine Corps,’’ $11,766,000, to remain 

10 available until September 30, 2009: Provided, That not11 withstanding any other provision of law, such funds may 

12 be obligated and expended to carry out planning and design 

13 and military construction projects not otherwise authorized 

14 by law. 

15 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

16 For deposit into the Department of Defense Base Clo17 sure Account 2005, established by section 2906A(a)(1) of the 

18 Defense Base Closure and Realignment Act of 1990 (10 

19 U.S.C. 2687 note), $1,354,634,000, to remain available 

20 until expended: Provided, That notwithstanding any other 

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

22 to carry out planning and design and military construction 

23 projects not otherwise authorized by law. 
37 

•HR 2642 EAH 

1 DEPARTMENT OF VETERANS AFFAIRS 

2 DEPARTMENTAL ADMINISTRATION

3 GENERAL OPERATING EXPENSES

4 For an additional amount for ‘‘General Operating Ex5 penses’’, $100,000,000, to remain available until September 

6 30, 2009. 

7 INFORMATION TECHNOLOGY SYSTEMS

8 For an additional amount for ‘‘Information Tech9 nology Systems’’, $20,000,000, to remain available until 

10 September 30, 2009. 

11 GENERAL PROVISION, THIS CHAPTER 

12 SEC. 1301. None of the funds appropriated in this or 

13 any other Act may be used to terminate, reorganize, or relo14 cate the Armed Forces Institute of Pathology until the 

15 President has established, as required by section 722 of the 

16 National Defense Authorization Act for Fiscal Year 2008 

17 (Public Law 110–181; 122 Stat. 199; 10 U.S.C. 176 note), 

18 a Joint Pathology Center. 
38 

•HR 2642 EAH 

1 CHAPTER 4—DEPARTMENT OF STATE AND 

2 FOREIGN OPERATIONS 

3 SUBCHAPTER A—SUPPLEMENTAL 

4 APPROPRIATIONS FOR FISCAL YEAR 2008 

5 DEPARTMENT OF STATE 

6 ADMINISTRATION OF FOREIGN AFFAIRS

7 DIPLOMATIC AND CONSULAR PROGRAMS

8 For an additional amount for ‘‘Diplomatic and Con9 sular Programs’’, $1,606,808,000, to remain available until 

10 September 30, 2009, of which $210,508,000 for worldwide 

11 security protection is available until expended: Provided, 

12 That not more than $1,295,000,000 of the funds appro13 priated under this heading shall be available for diplomatic 

14 operations in Iraq: Provided further, That of the funds ap15 propriated under this heading, not more than $30,000,000 

16 shall be available to establish and implement a coordinated 

17 civilian response capacity at the United States Department 

18 of State. 

19 OFFICE OF INSPECTOR GENERAL

20 (INCLUDING TRANSFER OF FUNDS)

21 For an additional amount for ‘‘Office of Inspector 

22 General’’, $7,500,000, to remain available until September 

23 30, 2009: Provided, That $2,500,000 shall be transferred to 

24 the Special Inspector General for Iraq Reconstruction for 

25 reconstruction oversight. 
39 

•HR 2642 EAH 

1 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

2 For an additional amount for ‘‘Embassy Security, 

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

4 available until expended, for facilities in Afghanistan. 

5 INTERNATIONAL ORGANIZATIONS

6 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

7 For an additional amount for ‘‘Contributions to Inter8 national Organizations’’, $53,000,000 to remain available 

9 until September 30, 2009. 

10 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

11 ACTIVITIES

12 For an additional amount for ‘‘Contributions for 

13 International Peacekeeping Activities’’, $333,600,000, to re14 main available until September 30, 2009, for the United 

15 Nations–African Union Hybrid Mission in Darfur. 

16 BILATERAL ECONOMIC ASSISTANCE 

17 FUNDS APPROPRIATED TO THE PRESIDENT

18 INTERNATIONAL DISASTER ASSISTANCE

19 For an additional amount for ‘‘International Disaster 

20 Assistance’’, $200,000,000, to remain available until ex21 pended. 

22 OPERATING EXPENSES OF THE UNITED STATES AGENCY

23 FOR INTERNATIONAL DEVELOPMENT

24 For an additional amount for ‘‘Operating Expenses of 

25 the United States Agency for International Development’’, 
40 

•HR 2642 EAH 

1 $142,000,000, to remain available until September 30, 

2 2009: Provided, That of the funds appropriated under this 

3 heading, not more than $20,000,000 shall be available to 

4 establish and implement a coordinated civilian response ca5 pacity at the United States Agency for International Devel6 opment. 

7 OPERATING EXPENSES OF THE UNITED STATES AGENCY

8 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN9 SPECTOR GENERAL

10 For an additional amount for ‘‘Operating Expenses of 

11 the United States Agency for International Development 

12 Office of Inspector General’’, $4,000,000, to remain avail13 able until September 30, 2009. 

14 OTHER BILATERAL ECONOMIC ASSISTANCE

15 ECONOMIC SUPPORT FUND

16 For an additional amount for ‘‘Economic Support 

17 Fund’’, $1,747,000,000, to remain available until Sep18 tember 30, 2009, of which not more than $440,000,000 may 

19 be made available for assistance for Iraq, $150,000,000 

20 shall be made available for assistance for Jordan to meet 

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

22 available for energy-related assistance for North Korea, not23 withstanding any other provision of law: Provided, That 

24 not more than $100,000,000 of the funds appropriated 

25 under this heading shall be made available for assistance 
41 

•HR 2642 EAH 

1 for the West Bank and none of such funds shall be for cash 

2 transfer assistance: Provided further, That of the funds ap3 propriated under this heading, $1,000,000 shall be made 

4 available for the Office of the United Nations High Commis5 sioner for Human Rights in Mexico: Provided further, That 

6 the funds made available under this heading for energy-re7 lated assistance for North Korea may be made available to 

8 support the goals of the Six Party Talks Agreements after 

9 the Secretary of State determines and reports to the Com10 mittees on Appropriations that North Korea is continuing 

11 to fulfill its commitments under such agreements. 

12 DEPARTMENT OF STATE

13 DEMOCRACY FUND

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

15 $75,000,000, to remain available until September 30, 2009, 

16 for democracy programs in Iraq. 

17 INTERNATIONAL NARCOTICS CONTROL AND LAW

18 ENFORCEMENT

19 For an additional amount for ‘‘International Nar20 cotics Control and Law Enforcement’’, $419,300,000, to re21 main available until September 30, 2009: Provided, That 

22 not more than $25,000,000 of the funds appropriated by 

23 this subchapter shall be made available for security assist24 ance for the West Bank. 
42 

•HR 2642 EAH 

1 MIGRATION AND REFUGEE ASSISTANCE

2 For an additional amount for ‘‘Migration and Refugee 

3 Assistance’’, $300,000,000, to remain available until ex4 pended. 

5 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

6 ASSISTANCE FUND

7 For an additional amount for ‘‘United States Emer8 gency Refugee and Migration Assistance Fund’’, 

9 $25,000,000, to remain available until expended. 

10 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

11 RELATED PROGRAMS

12 For an additional amount for ‘‘Nonproliferation, 

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

14 $11,200,000, to remain available until September 30, 2009. 

15 MILITARY ASSISTANCE 

16 FUNDS APPROPRIATED TO THE PRESIDENT

17 FOREIGN MILITARY FINANCING PROGRAM

18 For an additional amount for ‘‘Foreign Military Fi19 nancing Program’’, $72,500,000, to remain available until 

20 September 30, 2009, of which up to $66,500,000 shall be 

21 made available for assistance for Mexico. 
43 

•HR 2642 EAH 

1 SUBCHAPTER B—BRIDGE FUND SUPPLEMENTAL 

2 APPROPRIATIONS FOR FISCAL YEAR 2009 

3 DEPARTMENT OF STATE 

4 ADMINISTRATION OF FOREIGN AFFAIRS

5 DIPLOMATIC AND CONSULAR PROGRAMS

6 For an additional amount for ‘‘Diplomatic and Con7 sular Programs’’, $737,900,000, which shall become avail8 able on October 1, 2008 and remain available through Sep9 tember 30, 2009: Provided, That of the funds appropriated 

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

11 protection and shall remain available until expended: Pro12 vided further, That not more than $581,500,000 of the funds 

13 appropriated under this heading shall be available for dip14 lomatic operations in Iraq. 

15 OFFICE OF INSPECTOR GENERAL

16 (INCLUDING TRANSFERS OF FUNDS)

17 For an additional amount for ‘‘Office of Inspector 

18 General’’, $57,000,000, which shall become available on Oc19 tober 1, 2008 and remain available through September 30, 

20 2009: Provided, That $46,500,000 shall be transferred to the 

21 Special Inspector General for Iraq Reconstruction for recon22 struction oversight and up to $5,000,000 shall be trans23 ferred to the Special Inspector General for Afghanistan Re24 construction for reconstruction oversight. 
44 

•HR 2642 EAH 

1 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

2 For an additional amount for ‘‘Embassy Security, 

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

4 become available on October 1, 2008 and remain available 

5 until expended, for facilities in Afghanistan. 

6 INTERNATIONAL ORGANIZATIONS

7 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

8 For an additional amount for ‘‘Contributions to Inter9 national Organizations’’, $75,000,000, which shall become 

10 available on October 1, 2008 and remain available through 

11 September 30, 2009. 

12 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

13 ACTIVITIES

14 For an additional amount for ‘‘Contributions for 

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

16 which shall become available on October 1, 2008 and re17 main available through September 30, 2009. 

18 RELATED AGENCY 

19 BROADCASTING BOARD OF GOVERNORS

20 INTERNATIONAL BROADCASTING OPERATIONS

21 For an additional amount for ‘‘International Broad22 casting Operations’’, $8,000,000, which shall become avail23 able on October 1, 2008 and remain available through Sep24 tember 30, 2009. 
45 

•HR 2642 EAH 

1 BILATERAL ECONOMIC ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 GLOBAL HEALTH AND CHILD SURVIVAL

4 For an additional amount for ‘‘Global Health and 

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

6 on October 1, 2008 and remain available through Sep7 tember 30, 2009, for programs to combat avian influenza. 

8 DEVELOPMENT ASSISTANCE

9 For an additional amount for ‘‘Development Assist10 ance’’, $200,000,000, for assistance for developing countries 

11 to address the international food crisis notwithstanding any 

12 other provision of law, which shall become available on Oc13 tober 1, 2008 and remain available through September 30, 

14 2010: Provided, That such assistance should be carried out 

15 consistent with the purposes of section 103(a)(1) of the For16 eign Assistance Act of 1961: Provided further, That not 

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

18 or regional purchase and distribution of food: Provided fur19 ther, That the Secretary of State shall submit to the Com20 mittees on Appropriations not later than 45 days after en21 actment of this Act, and prior to the initial obligation of 

22 funds appropriated under this heading, a report on the pro23 posed uses of such funds to alleviate hunger and malnutri24 tion, including a list of those countries facing significant 

25 food shortages. 
46 

•HR 2642 EAH 

1 INTERNATIONAL DISASTER ASSISTANCE

2 For an additional amount for ‘‘International Disaster 

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

4 October 1, 2008 and remain available until expended. 

5 OPERATING EXPENSES OF THE UNITED STATES AGENCY

6 FOR INTERNATIONAL DEVELOPMENT

7 For an additional amount for ‘‘Operating Expenses of 

8 the United States Agency for International Development’’, 

9 $93,000,000, which shall become available on October 1, 

10 2008 and remain available through September 30, 2009. 

11 OPERATING EXPENSES OF THE UNITED STATES AGENCY

12 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN13 SPECTOR GENERAL

14 For an additional amount for ‘‘Operating Expenses of 

15 the United States Agency for International Development 

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

17 available on October 1, 2008 and remain available through 

18 September 30, 2009. 

19 OTHER BILATERAL ECONOMIC ASSISTANCE

20 ECONOMIC SUPPORT FUND

21 For an additional amount for ‘‘Economic Support 

22 Fund,’’ $1,147,300,000, which shall become available on Oc23 tober 1, 2008 and remain available through September 30, 

24 2009, of which not more than $100,000,000 may be made 

25 available for assistance for Iraq, $100,000,000 shall be 
47 

•HR 2642 EAH 

1 made available for assistance for Jordan, and $15,000,000 

2 may be made available for energy-related assistance for 

3 North Korea, notwithstanding any other provision of law: 

4 Provided, That not more than $150,000,000 of the funds 

5 appropriated under this heading in this subchapter shall 

6 be made available for assistance for the West Bank. 

7 DEPARTMENT OF STATE

8 INTERNATIONAL NARCOTICS CONTROL AND LAW

9 ENFORCEMENT

10 For an additional amount for ‘‘International Nar11 cotics Control and Law Enforcement’’, $204,500,000, which 

12 shall become available on October 1, 2008 and remain 

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

14 more than $50,000,000 of the funds made available by this 

15 subchapter shall be made available for security assistance 

16 for the West Bank and up to $53,500,000 shall be made 

17 available for assistance for Mexico. 

18 MIGRATION AND REFUGEE ASSISTANCE

19 For an additional amount for ‘‘Migration and Refugee 

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

21 October 1, 2008 and remain available until expended. 

22 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

23 RELATED PROGRAMS

24 For an additional amount for ‘‘Nonproliferation, 

25 Anti-Terrorism, Demining and Related Programs’’, 
48 

•HR 2642 EAH 

1 $4,500,000, for humanitarian demining assistance for Iraq, 

2 which shall become available on October 1, 2008 and re3 main available through September 30, 2009. 

4 MILITARY ASSISTANCE 

5 FUNDS APPROPRIATED TO THE PRESIDENT

6 FOREIGN MILITARY FINANCING PROGRAM

7 For an additional amount for ‘‘Foreign Military Fi8 nancing Program’’, $170,000,000, which shall become avail9 able on October 1, 2008 and remain available through Sep10 tember 30, 2009, of which $100,000,000 shall be made avail11 able for assistance for Jordan and up to $50,000,000 shall 

12 be made available for assistance for Mexico: Provided, That 

13 section 3802(c) of title III, chapter 8 of Public Law 110– 

14 28 shall apply to funds made available under this heading 

15 for assistance for Lebanon. 

16 PEACEKEEPING OPERATIONS

17 For an additional amount for ‘‘Peacekeeping Oper18 ations’’, $85,000,000, which shall become available on Octo19 ber 1, 2008 and remain available through September 30, 

20 2009. 

21 SUBCHAPTER C—GENERAL PROVISIONS, THIS 

22 CHAPTER 

23 EXTENSION OF AUTHORITIES

24 SEC. 1401. Funds appropriated by this chapter may 

25 be obligated and expended notwithstanding section 10 of 
49 

•HR 2642 EAH 

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

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

3 2680), section 313 of the Foreign Relations Authorization 

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

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

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

7 AFGHANISTAN

8 SEC. 1402 (a) ASSISTANCE FOR WOMEN AND GIRLS.— 

9 Funds appropriated by this chapter under the heading 

10 ‘‘Economic Support Fund’’ that are available for assistance 

11 for Afghanistan shall be made available, to the maximum 

12 extent practicable, through local Afghan provincial and mu13 nicipal governments and Afghan civil society organizations 

14 and in a manner that emphasizes the participation of Af15 ghan women and directly improves the economic, social and 

16 political status of Afghan women and girls. 

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

18 by this chapter under the heading ‘‘Economic Support 

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

20 Afghanistan, not less than 50 percent shall be made avail21 able to support higher education and vocational training 

22 programs in law, accounting, engineering, public adminis23 tration, and other disciplines necessary to rebuild the coun24 try, in which the participation of women is emphasized. 

25 (c) CIVILIAN ASSISTANCE.—Of the funds appropriated 

26 by this chapter under the heading ‘‘Economic Support 
50 

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1 Fund’’ that are available for assistance for Afghanistan, not 

2 less than $2,000,000 shall be made available for a United 

3 States contribution to the North Atlantic Treaty Organiza4 tion/International Security Assistance Force Post-Oper5 ations Humanitarian Relief Fund. 

6 (d) ANTICORRUPTION.—Not later than 90 days after 

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

8 (1) submit a report to the Committees on Appro9 priations on actions being taken by the Government 

10 of Afghanistan to combat corruption within the na11 tional and provincial governments, including to re12 move and prosecute officials who have committed cor13 rupt acts; 

14 (2) submit a list to the Committees on Appro15 priations, in classified form if necessary, of senior Af16 ghan officials who the Secretary has credible evidence 

17 to believe have committed corrupt acts; and 

18 (3) certify and report to the Committees on Ap19 propriations that effective mechanisms are in place to 

20 ensure that assistance to national government min21 istries and provincial governments will be properly 

22 accounted for. 

23 WEST BANK

24 SEC. 1403. Not later than 90 days after the date of 

25 enactment of this Act, and 180 days thereafter, the Sec26 retary of State shall submit to the Committees on Appro-
51 

•HR 2642 EAH 

1 priations a report on assistance provided by the United 

2 States for the training of Palestinian security forces, in3 cluding detailed descriptions of the training, curriculum, 

4 and equipment provided; an assessment of the training and 

5 the performance of forces after training has been completed; 

6 and a description of the assistance that has been pledged 

7 and provided to Palestinian security forces by other donors: 

8 Provided, That not later than 90 days after the date of en9 actment of this Act, the Secretary of State shall report to 

10 the Committees on Appropriations, in classified form if nec11 essary, on the security strategy of the Palestinian Author12 ity. 

13 MEXICO

14 SEC. 1404. (a) ASSISTANCE FOR MEXICO.—Of the 

15 funds appropriated under the headings ‘‘International Nar16 cotics Control and Law Enforcement’’, ‘‘Foreign Military 

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

18 this chapter, not more than $296,500,000 of the funds ap19 propriated in subchapter A and $103,500,000 of the funds 

20 appropriated in subchapter B shall be made available for 

21 assistance for Mexico, only to combat drug trafficking and 

22 related violent crime, and for judicial reform, institution 

23 building, and rule of law activities, of which not less than 

24 $73,500,000 shall be used for judicial reform, institution 

25 building, and rule of law activities: Provided, That none 

26 of the funds made available under this section shall be made 
52 

•HR 2642 EAH 

1 available for budget support or as cash payments: Provided 

2 further, That none of the funds made available under this 

3 section shall be available for obligation until the Secretary 

4 of State determines and reports to the Committees on Ap5 propriations that vetting procedures are in place to ensure 

6 that relevant members and units of the Mexican armed 

7 forces and police forces that may receive assistance pursu8 ant to this section have not been involved in human rights 

9 violations or corrupt acts. 

10 (b) ALLOCATION OF FUNDS.—25 percent of the funds 

11 made available by this chapter for assistance for Mexico 

12 under the headings ‘‘International Narcotics Control and 

13 Law Enforcement’’ and ‘‘Foreign Military Financing Pro14 gram’’ shall be withheld from obligation until the Secretary 

15 of State reports to the Committees on Appropriations on 

16 the requirements described in subsection (c). 

17 (c) REQUIREMENTS.—The requirements referred to in 

18 subsection (b) are the following: 

19 (1) The Government of Mexico is— 

20 (A) improving the transparency and ac21 countability of Federal police forces and engag22 ing with state and municipal authorities to im23 prove the transparency and accountability of 

24 state and municipal police forces through mecha25 nisms such as police complaints commissions; 
53 

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1 (B) ensuring meaningful engagement with 

2 civil society to monitor efforts to combat drug 

3 trafficking and related violent crime, judicial re4 form, institution building, and rule of law ac5 tivities to ensure due process and the protection 

6 of freedom of expression, association, and assem7 bly in accordance with Mexican and inter8 national law; and 

9 (C) ensuring that, in accordance with ap10 plicable Mexican law, the Mexican armed forces 

11 and the Federal police forces are cooperating 

12 with civilian prosecutors and judicial authorities 

13 in investigating and prosecuting in the civilian 

14 justice system those individuals, including mili15 tary personnel, who have been credibly alleged 

16 under Mexican law to have committed violations 

17 of internationally recognized human rights, and, 

18 consistent with Mexican and international law, 

19 is vigorously enforcing the prohibition on the use 

20 of testimony obtained through torture or other 

21 ill-treatment. 

22 (2) The Federal Public Security Secretary and 

23 the Minister of Defense, respectively, in accordance 

24 with applicable Mexican law, are suspending or plac25 ing on administrative duty, those members of the 
54 

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1 Federal police and armed forces who have been 

2 credibly alleged under Mexican law, to have com3 mitted violations of internationally recognized human 

4 rights or participated in corrupt acts and have estab5 lished policies that reward respect for human rights, 

6 in particular regarding the use of force. 

7 (3) The Attorney General and other relevant au8 thorities of the Mexican Government are investigating 

9 and prosecuting members of the Mexican armed forces 

10 and police forces who have been credibly alleged under 

11 Mexican law to have committed violations of inter12 nationally recognized human rights. 

13 (d) EXCEPTION.—Notwithstanding subsections (b) and 

14 (c), of the funds appropriated by subchapter A for assist15 ance for Mexico under the heading ‘‘International Narcotics 

16 Control and Law Enforcement’’, $3,000,000 shall be made 

17 available for technical and other assistance to enable the 

18 Government of Mexico to implement a unified national reg19 istry encompassing Federal, state, and municipal police of20 ficials, and $5,000,000 may be made available to the Bu21 reau of Alcohol, Tobacco, Firearms and Explosives to deploy 

22 special agents in Mexico to support Mexican law enforce23 ment agencies in tracing seized firearms and investigating 

24 firearms trafficking cases: Provided, That section 484(a) of 

25 the Foreign Assistance Act of 1961 (22 U.S.C. 2291c(a)) 
55 

•HR 2642 EAH 

1 shall not apply with respect to assistance for Mexico made 

2 available by this chapter. 

3 (e) REPORT.—The report required in subsection (b) 

4 shall include a description of actions taken with respect to 

5 each requirement specified in subsection (c) and the cases 

6 or issues brought to the attention of the Secretary of State 

7 for which the response or action taken has been inadequate. 

8 (f) VETTING.—Not later than 30 days after the date 

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

10 submit to the Committees on Appropriations a report, in 

11 classified form if necessary, detailing the procedures used 

12 to vet Mexican armed forces and police forces for eligibility 

13 to receive assistance under this section. 

14 (g) NOTIFICATION.—Funds made available for Mexico 

15 by this chapter shall be subject to the regular notification 

16 procedures of the Committees on Appropriations and sec17 tion 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 

18 2394–1). 

19 (h) SPENDING PLAN.—Not later than 45 days after the 

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

21 shall submit to the Committees on Appropriations a de22 tailed spending plan for funds appropriated or otherwise 

23 made available for Mexico by this chapter, which shall in24 clude a strategy for combating drug trafficking and related 

25 violent crime, judicial reform, institution building, and 
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1 rule of law activities, with concrete goals, actions to be 

2 taken, budget proposals, and anticipated results. 

3 (i) CONSULTATION.—Not later than 90 days after the 

4 date of the enactment of this Act, and every 180 days there5 after until September 30, 2010, the Secretary of State shall 

6 consult with Mexican and internationally recognized 

7 human rights organizations on progress in meeting the re8 quirements described in subsection (c). 

9 CENTRAL AMERICA

10 SEC. 1405. (a) ASSISTANCE FOR THE COUNTRIES OF

11 CENTRAL AMERICA.—Of the funds appropriated in sub12 chapter A under the headings ‘‘International Narcotics 

13 Control and Law Enforcement’’, ‘‘Foreign Military Financ14 ing Program’’, ‘‘Nonproliferation, Anti-Terrorism, 

15 Demining and Related Programs’’, and ‘‘Economic Sup16 port Fund’’, $61,500,000 shall be made available for assist17 ance for the countries of Central America, Haiti, and the 

18 Dominican Republic only to combat drug trafficking and 

19 related violent crime, and for judicial reform, institution 

20 building, rule of law activities, and maritime security: Pro21 vided, That of the funds appropriated under the heading 

22 ‘‘Economic Support Fund’’, $15,000,000 shall be made 

23 available through the United States Agency for Inter24 national Development for an Economic and Social Develop25 ment Fund for the countries of Central America: Provided 

26 further, That of the funds appropriated under the heading 
57 

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

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

3 and $2,500,000 shall be made available for assistance for 

4 the Dominican Republic: Provided further, That none of the 

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

6 payments: Provided further, That none of the funds shall 

7 be available for obligation until the Secretary of State deter8 mines and reports to the Committees on Appropriations 

9 that vetting procedures are in place to ensure that Federal 

10 and municipal police forces and the armed forces of the 

11 countries of Central America that may receive assistance 

12 pursuant to this section have not been involved in human 

13 rights violations or corrupt acts. 

14 (b) ALLOCATION OF FUNDS.—(1) Up to 75 percent of 

15 the funds appropriated under the headings ‘‘International 

16 Narcotics Control and Law Enforcement’’ and ‘‘Foreign 

17 Military Financing Program’’ in subchapter A that are 

18 available for assistance for the countries of Central America 

19 may be obligated prior to the certification and report by 

20 the Secretary of State required in paragraph (2). 

21 (2) The balance of the funds may be obligated not less 

22 than 120 days after the date of the enactment of this Act 

23 if, before such obligation, the Secretary of State determines 

24 and reports to the Committees on Appropriations that the 

25 requirements in subsection (c) have been met. 
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1 (c) REQUIREMENTS.—The requirements referred to in 

2 subsection (b)(2) are the following: 

3 (1) The International Law Enforcement Acad4 emy (ILEA) in San Salvador, El Salvador is estab5 lishing a vetting procedure for police and other public 

6 security officials attending programs at the ILEA. 

7 (2) The countries of Central America are— 

8 (A) vetting members and units of Federal 

9 and municipal police forces and the armed forces 

10 that may receive assistance to ensure such mem11 bers and units have not been involved in human 

12 rights violations or corrupt acts; 

13 (B) strengthening law enforcement capabili14 ties, developing effective systems information ex15 change, improving demand reduction, and ex16 panding public education, prevention, and treat17 ment programs; 

18 (C) improving controls on chemical precur19 sors; 

20 (D) adopting and implementing reforms 

21 that improve the capacity and protect the inde22 pendence of the judiciary; 

23 (E) reforming criminal procedures to ensure 

24 due process and training Federal and municipal 
59 

•HR 2642 EAH 

1 police leadership in modern policing to curb po2 lice abuses; 

3 (F) targeting organizational structures and 

4 financial and other assets of drug cartels; 

5 (G) taking steps to curb corruption in law 

6 enforcement agencies; and 

7 (H) suspending, prosecuting, and punishing 

8 members of the police forces who have been 

9 credibly alleged to have committed violations of 

10 human rights and corrupt acts, and establishing 

11 policies for members of such forces that reward 

12 respect for human rights, in particular regard13 ing the use of force. 

14 (d) REPORT.—The report required in subsection (b)(2) 

15 shall include actions taken with respect to each requirement 

16 and the cases or issues brought to the attention of the Sec17 retary for which the response or action taken has been inad18 equate. 

19 (e) VETTING.—Not later than 30 days after the date 

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

21 submit a report to the Committees on Appropriations, in 

22 classified form if necessary, detailing the procedures used 

23 by the Government of the United States to vet the Federal 

24 and municipal police and the armed forces of the countries 
60 

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1 of Central America for eligibility to receive assistance under 

2 this section. 

3 (f) NOTIFICATION.—Funds made available for the 

4 countries of Central America in subchapter A shall be sub5 ject to the regular notification procedures of the Committees 

6 on Appropriations and section 634A of the Foreign Assist7 ance Act of 1961 (22 U.S.C. 2394–1). 

8 (g) SPENDING PLAN.—Not later than 45 days after en9 actment of this Act the Secretary of State shall submit to 

10 the Committees on Appropriations a detailed spending plan 

11 for funds appropriated or otherwise made available for the 

12 countries of Central America, Haiti and the Dominican Re13 public in subchapter A, which shall include a strategy for 

14 combating drug trafficking and related violent crime, judi15 cial reform, institution building, and rule of law activities, 

16 with concrete goals, actions to be taken, budget proposals 

17 and anticipated results. 

18 (h) CONSULTATION.—Not later than 90 days after the 

19 date of enactment of this Act and every 120 days thereafter 

20 until September 30, 2010, the Secretary of State shall con21 sult with internationally recognized human rights organi22 zations, and human rights organizations in the countries 

23 of Central America receiving assistance pursuant to this 

24 section, on progress in meeting the requirements described 

25 in subsection (c). 
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1 (i) DEFINITION.—For the purposes of this section, the 

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

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

4 Panama. 

5 BUYING POWER MAINTENANCE ACCOUNT

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 1406. (a) Of the funds appropriated under the 

8 heading ‘‘Diplomatic and Consular Programs’’ and allo9 cated by section 3810 of the U.S. Troop Readiness, Vet10 erans’ Care, Katrina Recovery, and Iraq Accountability 

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

12 $26,000,000 shall be transferred to and merged with funds 

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

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

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

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

17 the regular notification procedures of the Committees on 

18 Appropriations and in accordance with the procedures in 

19 section 34 of the State Department Basic Authorities Act 

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

21 to this section shall be available, without fiscal year limita22 tion, pursuant to section 24 of the State Department Basic 

23 Authorities Act of 1956 (22 U.S.C. 2696). 
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1 (b) Section 24(b)(7) of the State Department Basic Au2 thorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by 

3 amending subparagraph (D) to read as follows: 

4 ‘‘(D) The authorities contained in this 

5 paragraph may be exercised only with respect to 

6 funds appropriated or otherwise made available 

7 after fiscal year 2008.’’. 

8 RESCISSIONS

9 SEC. 1407. (a) WORLD FOOD PROGRAM.—(1) For an 

10 additional amount for a contribution to the World Food 

11 Program to assist farmers in countries affected by food 

12 shortages to increase crop yields, notwithstanding any other 

13 provision of law, $20,000,000, to remain available until ex14 pended. 

15 (2) Of the funds appropriated under the heading ‘‘An16 dean Counterdrug Initiative’’ in prior Acts making appro17 priations for foreign operations, export financing, and re18 lated programs, $20,000,000 are rescinded. 

19 (b) SUDAN.—(1) For an additional amount for ‘‘Inter20 national Narcotics Control and Law Enforcement’’, 

21 $10,000,000, for assistance for Sudan to support formed po22 lice units, to remain available until September 30, 2009, 

23 and subject to prior consultation with the Committees on 

24 Appropriations. 

25 (2) Of the funds appropriated under the heading 

26 ‘‘International Narcotics Control and Law Enforcement’’ in 
63 

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1 prior Acts making appropriations for foreign operations, 

2 export financing, and related programs, $10,000,000 are re3 scinded. 

4 (c) Section 8002 of this Act shall not apply to this 

5 section. 

6 ALLOCATIONS

7 SEC. 1408. (a) Funds provided in this chapter for the 

8 following accounts shall be made available for programs 

9 and countries in the amounts contained in the respective 

10 tables included in the explanatory statement printed in the 

11 Congressional Record accompanying this Act: 

12 ‘‘Diplomatic and Consular Programs’’ 

13 ‘‘Economic Support Fund’’. 

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

15 contained in such tables in the explanatory statement print16 ed in the Congressional Record accompanying this Act shall 

17 be subject to the regular notification procedures of the Com18 mittees on Appropriations and section 634A of the Foreign 

19 Assistance Act of 1961. 

20 REPROGRAMMING AUTHORITY

21 SEC. 1409. Notwithstanding any other provision of 

22 law, to include minimum funding requirements or funding 

23 directives, funds made available under the headings ‘‘Devel24 opment Assistance’’ and ‘‘Economic Support Fund’’ in 

25 prior Acts making appropriations for foreign operations, 

26 export financing, and related programs may be made avail-
64 

•HR 2642 EAH 

1 able to address critical food shortages, subject to prior con2 sultation with, and the regular notification procedures of, 

3 the Committees on Appropriations. 

4 SPENDING PLAN AND NOTIFICATION PROCEDURES

5 SEC. 1410. (a) SUBCHAPTER A SPENDING PLAN.—Not 

6 later than 45 days after the enactment of this Act the Sec7 retary of State shall submit to the Committees on Appro8 priations a report detailing planned expenditures for funds 

9 appropriated under the headings in subchapter A, except 

10 for funds appropriated under the headings ‘‘International 

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

12 and ‘‘United States Emergency Refugee and Migration As13 sistance Fund’’. 

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

15 of State shall submit to the Committees on Appropriations 

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

17 obligation of funds, a detailed spending plan for funds ap18 propriated or otherwise made available in subchapter B, 

19 except for funds appropriated under the headings ‘‘Inter20 national Disaster Assistance’’, ‘‘Migration and Refugee As21 sistance’’, and ‘‘United States Emergency Refugee and Mi22 gration Assistance Fund’’. 

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

24 chapter shall be subject to the regular notification proce25 dures of the Committees on Appropriations and section 

26 634A of the Foreign Assistance Act of 1961. 
65 

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1 TERMS AND CONDITIONS

2 SEC. 1411. Unless otherwise provided for in this Act, 

3 funds appropriated or otherwise made available by this 

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

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

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

9 TITLE II—DOMESTIC MATTERS 

10 CHAPTER 1—COMMERCE, JUSTICE, AND SCIENCE 

11 DEPARTMENT OF COMMERCE 

12 BUREAU OF THE CENSUS

13 PERIODIC CENSUSES AND PROGRAMS

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Periodic Censuses and 

16 Programs’’, $210,000,000, to remain available until ex17 pended, for necessary expenses related to the 2010 Decennial 

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

19 transferred to the ‘‘Office of Inspector General’’ at the De20 partment of Commerce for necessary expenses associated 

21 with oversight activities of the 2010 Decennial Census: Pro22 vided further, That not less than $1,000,000 shall be used 

23 only for a reimbursable agreement with the Defense Con24 tract Management Agency to provide continuing contract 

25 management oversight of the 2010 Decennial Census. 
66 

•HR 2642 EAH 

1 DEPARTMENT OF JUSTICE 

2 FEDERAL PRISON SYSTEM

3 SALARIES AND EXPENSES

4 For an additional amount for ‘‘Salaries and Ex5 penses’’, $178,000,000, to remain available until September 

6 30, 2008. 

7 CHAPTER 2—ENERGY AND WATER 

8 DEVELOPMENT 

9 DEPARTMENT OF DEFENSE—CIVIL 

10 DEPARTMENT OF THE ARMY 

11 CORPS OF ENGINEERS—CIVIL

12 CONSTRUCTION

13 For an additional amount for ‘‘Construction’’, for nec14 essary expenses related to the consequences of Hurricane 

15 Katrina and other hurricanes of the 2005 season, 

16 $2,835,000,000, to remain available until expended: Pro17 vided, That such sums shall not be available until October 

18 1, 2008: Provided further, That the Secretary of the Army 

19 is directed to use $1,997,000,000 of the funds provided here20 in to modify authorized projects in southeast Louisiana to 

21 provide hurricane, storm and flood damage reduction in the 

22 greater New Orleans and surrounding areas to the levels 

23 of protection necessary to achieve the certification required 

24 for participation in the National Flood Insurance Program 

25 under the base flood elevations current at the time of enact-
67 

•HR 2642 EAH 

1 ment of this Act, and shall use $1,077,000,000 of those funds 

2 for the Lake Pontchartrain and Vicinity project and 

3 $920,000,000 of those funds for the West Bank and Vicinity 

4 project: Provided further, That, in addition, $838,000,000 

5 of the funds provided herein shall be for elements of South6 east Louisiana Urban Drainage project within the geo7 graphic perimeter of the West Bank and Vicinity and Lake 

8 Pontchartrain and Vicinity projects, to provide for interior 

9 drainage of runoff from rainfall with a ten percent annual 

10 exceedance probability: Provided further, That the amounts 

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

12 35 percent non-Federal cost share for the specified purposes: 

13 Provided further, That beginning not later than 60 days 

14 after the date of enactment of this Act, the Chief of Engi15 neers, acting through the Assistant Secretary of the Army 

16 for Civil Works, shall provide monthly reports to the Com17 mittees on Appropriations of the House of Representatives 

18 and the Senate detailing the allocation and obligation of 

19 these funds. 

20 FLOOD CONTROL AND COASTAL EMERGENCIES

21 For an additional amount for ‘‘Flood Control and 

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

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

24 relating to the consequences of Hurricane Katrina and other 

25 hurricanes of the 2005 season, $2,926,000,000, to remain 
68 

•HR 2642 EAH 

1 available until expended: Provided, That such sums shall 

2 not be available until October 1, 2008: Provided further, 

3 That funds provided herein shall be used to reduce the risk 

4 of hurricane and storm damages to the greater New Orleans 

5 metropolitan area, at full Federal expense, for the following: 

6 $704,000,000 shall be used to modify the 17th Street, Orle7 ans Avenue, and London Avenue drainage canals and in8 stall pumps and closure structures at or near the lakefront; 

9 $90,000,000 shall be used for storm-proofing interior pump 

10 stations to ensure the operability of the stations during hur11 ricanes, storms, and high water events; $459,000,000 shall 

12 be used for armoring critical elements of the New Orleans 

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

14 shall be used to improve protection at the Inner Harbor 

15 Navigation Canal; $456,000,000 shall be used to replace or 

16 modify certain non-Federal levees in Plaquemines Parish 

17 to incorporate the levees into the existing New Orleans to 

18 Venice hurricane protection project; $412,000,000 shall be 

19 used for reinforcing or replacing flood walls, as necessary, 

20 in the existing Lake Pontchartrain and Vicinity project 

21 and the existing West Bank and Vicinity project to improve 

22 the performance of the systems; $393,000,000 shall be used 

23 for repair and restoration of authorized protections and 

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

25 authorized protection for the Lake Pontchartrain and Vi-
69 

•HR 2642 EAH 

1 cinity Project and for the West Bank and Vicinity Project: 

2 Provided further, That beginning not later than 60 days 

3 after the date of enactment of this Act, the Chief of Engi4 neers, acting through the Assistant Secretary of the Army 

5 for Civil Works, shall provide monthly reports to the Com6 mittees on Appropriations of the House of Representatives 

7 and the Senate detailing the allocation and obligation of 

8 these funds: Provided further, That any project using funds 

9 appropriated under this heading shall be initiated only 

10 after non-Federal interests have entered into binding agree11 ments with the Assistant Secretary of the Army for Civil 

12 Works requiring the non-Federal interests to pay 100 per13 cent of the operation, maintenance, repair, replacement, 

14 and rehabilitation costs of completed elements and to hold 

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

16 construction, operation, and maintenance of the project, ex17 cept for damages due to the fault or negligence of the United 

18 States or its contractors: Provided further, That the expend19 iture of funds as provided above may be made without re20 gard to individual amounts or purposes except that any 

21 reallocation of funds that is necessary to accomplish the es22 tablished goals is authorized, subject to the approval of the 

23 House and Senate Committees on Appropriations. 
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•HR 2642 EAH 

1 CHAPTER 3—LABOR, HEALTH AND HUMAN 

2 SERVICES, AND EDUCATION 

3 DEPARTMENT OF LABOR 

4 EMPLOYMENT AND TRAINING ADMINISTRATION

5 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

6 SERVICE OPERATIONS

7 For an additional amount for ‘‘State Unemployment 

8 Insurance and Employment Service Operations’’ for grants 

9 to the States for the administration of State unemployment 

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

11 Employment Security Administration Account in the Un12 employment Trust Fund, to be used for unemployment in13 surance workloads experienced by the States through Sep14 tember 30, 2008, which shall be available for Federal obliga15 tion through December 31, 2008. 

16 CHAPTER 4—LEGISLATIVE BRANCH 

17 HOUSE OF REPRESENTATIVES 

18 PAYMENT TO WIDOWS AND HEIRS OF DECEASED

19 MEMBERS OF CONGRESS

20 For payment to Annette Lantos, widow of Tom Lan21 tos, late a Representative from the State of California, 

22 $169,300: Provided, That section 8002 shall not apply to 

23 this appropriation. 
71 

•HR 2642 EAH 

1 TITLE III—VETERANS EDUCATIONAL 

2 ASSISTANCE 

3 SHORT TITLE

4 SEC. 3001. This title may be cited as the ‘‘Post-9/11 

5 Veterans Educational Assistance Act of 2008’’. 

6 FINDINGS

7 SEC. 3002. Congress makes the following findings: 

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

9 the United States, and the brave members of the 

10 Armed Forces of the United States were called to the 

11 defense of the Nation. 

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

13 has been especially arduous for the members of the 

14 Armed Forces since September 11, 2001. 

15 (3) The United States has a proud history of of16 fering educational assistance to millions of veterans, 

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

18 since World War II. Educational assistance for vet19 erans helps reduce the costs of war, assist veterans in 

20 readjusting to civilian life after wartime service, and 

21 boost the United States economy, and has a positive 

22 effect on recruitment for the Armed Forces. 

23 (4) The current educational assistance program 

24 for veterans is outmoded and designed for peacetime 

25 service in the Armed Forces. 
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•HR 2642 EAH 

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

2 military service and recognize the difficult challenges 

3 involved in readjusting to civilian life after wartime 

4 service in the Armed Forces. 

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

6 States to provide veterans who serve on active duty 

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

8 enhanced educational assistance benefits that are wor9 thy of such service and are commensurate with the 

10 educational assistance benefits provided by a grateful 

11 Nation to veterans of World War II. 

12 EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED

13 FORCES WHO SERVE AFTER SEPTEMBER 11, 2001

14 SEC. 3003. (a) EDUCATIONAL ASSISTANCE AUTHOR15 IZED.— 

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

17 States Code, is amended by inserting after chapter 32 

18 the following new chapter: 

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

20 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. 
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‘‘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. 

1 ‘‘SUBCHAPTER I—DEFINITIONS 

2 ‘‘§ 3301. Definitions 

3 ‘‘In this chapter: 

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

5 follows (subject to the limitations specified in sections 

6 3002(6) and 3311(b) of this title): 

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

8 components of the Armed Forces, the meaning 

9 given such term in section 101(21)(A) of this 

10 title. 

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

12 components of the Armed Forces, service on ac13 tive duty under a call or order to active duty 

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

15 12302, or 12304 of title 10. 

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

17 means the following: 

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

19 Basic Combat Training and Advanced Indi20 vidual Training. 
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1 ‘‘(B) In the case of members of the Navy, 

2 Recruit Training (or Boot Camp) and Skill 

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

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

5 Force, Basic Military Training and Technical 

6 Training. 

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

8 Corps, Recruit Training and Marine Corps 

9 Training (or School of Infantry Training). 

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

11 Guard, Basic Training. 

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

13 meaning the meaning given such term in section 3002 

14 of this title, except to the extent otherwise provided in 

15 section 3313 of this title. 

16 ‘‘(4) The term ‘Secretary of Defense’ has the 

17 meaning given such term in section 3002 of this title. 

18 ‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE 

19 ‘‘§ 3311. Educational assistance for service in the 

20 Armed Forces commencing on or after 

21 September 11, 2001: entitlement 

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

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

24 to educational assistance under this chapter. 
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1 ‘‘(b) COVERED INDIVIDUALS.—An individual described 

2 in this subsection is any individual as follows: 

3 ‘‘(1) An individual who— 

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

5 2001, serves an aggregate of at least 36 months 

6 on active duty in the Armed Forces (including 

7 service on active duty in entry level and skill 

8 training); and 

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

10 subparagraph (A)— 

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

12 ‘‘(ii) is discharged or released from ac13 tive duty as described in subsection (c). 

14 ‘‘(2) An individual who— 

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

16 2001, serves at least 30 continuous days on ac17 tive duty in the Armed Forces; and 

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

19 subparagraph (A), is discharged or released from 

20 active duty in the Armed Forces for a service21 connected disability. 

22 ‘‘(3) An individual who— 

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

24 2001, serves an aggregate of at least 30 months, 

25 but less than 36 months, on active duty in the 
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1 Armed Forces (including service on active duty 

2 in entry level and skill training); and 

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

4 subparagraph (A)— 

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

6 aggregate of less than 36 months; or 

7 ‘‘(ii) before completion of service on ac8 tive duty of an aggregate of 36 months, is 

9 discharged or released from active duty as 

10 described in subsection (c). 

11 ‘‘(4) An individual who— 

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

13 2001, serves an aggregate of at least 24 months, 

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

15 Armed Forces (including service on active duty 

16 in entry level and skill training); and 

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

18 subparagraph (A)— 

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

20 aggregate of less than 30 months; or 

21 ‘‘(ii) before completion of service on ac22 tive duty of an aggregate of 30 months, is 

23 discharged or released from active duty as 

24 described in subsection (c). 

25 ‘‘(5) An individual who— 
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1 ‘‘(A) commencing on or after September 11, 

2 2001, serves an aggregate of at least 18 months, 

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

4 Armed Forces (excluding service on active duty 

5 in entry level and skill training); and 

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

7 subparagraph (A)— 

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

9 aggregate of less than 24 months; or 

10 ‘‘(ii) before completion of service on ac11 tive duty of an aggregate of 24 months, is 

12 discharged or released from active duty as 

13 described in subsection (c). 

14 ‘‘(6) An individual who— 

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

16 2001, serves an aggregate of at least 12 months, 

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

18 Armed Forces (excluding service on active duty 

19 in entry level and skill training); and 

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

21 subparagraph (A)— 

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

23 aggregate of less than 18 months; or 

24 ‘‘(ii) before completion of service on ac25 tive duty of an aggregate of 18 months, is 
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1 discharged or released from active duty as 

2 described in subsection (c). 

3 ‘‘(7) An individual who— 

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

5 2001, serves an aggregate of at least 6 months, 

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

7 Armed Forces (excluding service on active duty 

8 in entry level and skill training); and 

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

10 subparagraph (A)— 

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

12 aggregate of less than 12 months; or 

13 ‘‘(ii) before completion of service on ac14 tive duty of an aggregate of 12 months, is 

15 discharged or released from active duty as 

16 described in subsection (c). 

17 ‘‘(8) An individual who— 

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

19 2001, serves an aggregate of at least 90 days, but 

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

21 Forces (excluding service on active duty in entry 

22 level and skill training); and 

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

24 subparagraph (A)— 
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1 ‘‘(i) continues on active duty for an 

2 aggregate of less than 6 months; or 

3 ‘‘(ii) before completion of service on ac4 tive duty of an aggregate of 6 months, is 

5 discharged or released from active duty as 

6 described in subsection (c). 

7 ‘‘(c) COVERED DISCHARGES AND RELEASES.—A dis8 charge or release from active duty of an individual de9 scribed in this subsection is a discharge or release as follows: 

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

11 Forces with an honorable discharge. 

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

13 Armed Forces characterized by the Secretary con14 cerned as honorable service and placement on the re15 tired list, transfer to the Fleet Reserve or Fleet Ma16 rine Corps Reserve, or placement on the temporary 

17 disability retired list. 

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

19 Forces for further service in a reserve component of 

20 the Armed Forces after service on active duty charac21 terized by the Secretary concerned as honorable serv22 ice. 

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

24 the Armed Forces for— 
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1 ‘‘(A) a medical condition which preexisted 

2 the service of the individual as described in the 

3 applicable paragraph of subsection (b) and 

4 which the Secretary determines is not service5 connected; 

6 ‘‘(B) hardship; or 

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

8 was not characterized as a disability and did 

9 not result from the individual’s own willful mis10 conduct but did interfere with the individual’s 

11 performance of duty, as determined by the Sec12 retary concerned in accordance with regulations 

13 prescribed by the Secretary of Defense. 

14 ‘‘(d) PROHIBITION ON TREATMENT OF CERTAIN SERV15 ICE AS PERIOD OF ACTIVE DUTY.—The following periods 

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

17 active duty on which an individual’s entitlement to edu18 cational assistance under this chapter is based: 

19 ‘‘(1) A period of service on active duty of an offi20 cer pursuant to an agreement under section 2107(b) 

21 of title 10. 

22 ‘‘(2) A period of service on active duty of an offi23 cer pursuant to an agreement under section 4348, 

24 6959, or 9348 of title 10. 
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1 ‘‘(3) A period of service that is terminated be2 cause of a defective enlistment and induction based 

3 on— 

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

5 purposes of service in the Armed Forces; 

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

7 or 

8 ‘‘(C) a defective enlistment agreement. 

9 ‘‘(e) TREATMENT OF INDIVIDUALS ENTITLED UNDER

10 MULTIPLE PROVISIONS.—In the event an individual enti11 tled to educational assistance under this chapter is entitled 

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

13 the individual shall be treated as being entitled to edu14 cational assistance under this chapter by reason of para15 graph (5) of such subsection. 

16 ‘‘§ 3312. Educational assistance: duration 

17 ‘‘(a) IN GENERAL.—Subject to section 3695 of this title 

18 and except as provided in subsections (b) and (c), an indi19 vidual entitled to educational assistance under this chapter 

20 is entitled to a number of months of educational assistance 

21 under section 3313 of this title equal to 36 months. 

22 ‘‘(b) CONTINUING RECEIPT.—The receipt of edu23 cational assistance under section 3313 of this title by an 

24 individual entitled to educational assistance under this 
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1 chapter is subject to the provisions of section 3321(b)(2) of 

2 this title. 

3 ‘‘(c) DISCONTINUATION OF EDUCATION FOR ACTIVE

4 DUTY.—(1) Any payment of educational assistance de5 scribed in paragraph (2) shall not— 

6 ‘‘(A) be charged against any entitlement to edu7 cational assistance of the individual concerned under 

8 this chapter; or 

9 ‘‘(B) be counted against the aggregate period for 

10 which section 3695 of this title limits the individual’s 

11 receipt of educational assistance under this chapter. 

12 ‘‘(2) Subject to paragraph (3), the payment of edu13 cational assistance described in this paragraph is the pay14 ment of such assistance to an individual for pursuit of a 

15 course or courses under this chapter if the Secretary finds 

16 that the individual— 

17 ‘‘(A)(i) in the case of an individual not serving 

18 on active duty, had to discontinue such course pursuit 

19 as a result of being called or ordered to serve on ac20 tive duty under section 688, 12301(a), 12301(d), 

21 12301(g), 12302, or 12304 of title 10; or 

22 ‘‘(ii) in the case of an individual serving on ac23 tive duty, had to discontinue such course pursuit as 

24 a result of being ordered to a new duty location or 
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1 assignment or to perform an increased amount of 

2 work; and 

3 ‘‘(B) failed to receive credit or lost training time 

4 toward completion of the individual’s approved edu5 cation, professional, or vocational objective as a result 

6 of having to discontinue, as described in subpara7 graph (A), the individual’s course pursuit. 

8 ‘‘(3) The period for which, by reason of this subsection, 

9 educational assistance is not charged against entitlement 

10 or counted toward the applicable aggregate period under 

11 section 3695 of this title shall not exceed the portion of the 

12 period of enrollment in the course or courses from which 

13 the individual failed to receive credit or with respect to 

14 which the individual lost training time, as determined 

15 under paragraph (2)(B). 

16 ‘‘§ 3313. Educational assistance: amount; payment 

17 ‘‘(a) PAYMENT.—The Secretary shall pay to each indi18 vidual entitled to educational assistance under this chapter 

19 who is pursuing an approved program of education (other 

20 than a program covered by subsections (e) and (f)) the 

21 amounts specified in subsection (c) to meet the expenses of 

22 such individual’s subsistence, tuition, fees, and other edu23 cational costs for pursuit of such program of education. 

24 ‘‘(b) APPROVED PROGRAMS OF EDUCATION.—A pro25 gram of education is an approved program of education 
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1 for purposes of this chapter if the program of education is 

2 offered by an institution of higher learning (as that term 

3 is defined in section 3452(f) of this title) and is approved 

4 for purposes of chapter 30 of this title (including approval 

5 by the State approving agency concerned). 

6 ‘‘(c) AMOUNT OF EDUCATIONAL ASSISTANCE.—The 

7 amounts payable under this subsection for pursuit of an 

8 approved program of education are amounts as follows: 

9 ‘‘(1) In the case of an individual entitled to edu10 cational assistance under this chapter by reason of 

11 section 3311(b)(1) or 3311(b)(2) of this title, amounts 

12 as follows: 

13 ‘‘(A) An amount equal to the established 

14 charges for the program of education, except that 

15 the amount payable under this subparagraph 

16 may not exceed the maximum amount of estab17 lished charges regularly charged in-State stu18 dents for full-time pursuit of approved programs 

19 of education for undergraduates by the public in20 stitution of higher education offering approved 

21 programs of education for undergraduates in the 

22 State in which the individual is enrolled that 

23 has the highest rate of regularly-charged estab24 lished charges for such programs of education 

25 among all public institutions of higher education 
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1 in such State offering such programs of edu2 cation. 

3 ‘‘(B) A monthly stipend in an amount as 

4 follows: 

5 ‘‘(i) For each month the individual 

6 pursues the program of education, other 

7 than a program of education offered through 

8 distance learning, a monthly housing sti9 pend amount equal to the monthly amount 

10 of the basic allowance for housing payable 

11 under section 403 of title 37 for a member 

12 with dependents in pay grade E–5 residing 

13 in the military housing area that encom14 passes all or the majority portion of the 

15 ZIP code area in which is located the insti16 tution of higher education at which the in17 dividual is enrolled. 

18 ‘‘(ii) For the first month of each quar19 ter, semester, or term, as applicable, of the 

20 program of education pursued by the indi21 vidual, a lump sum amount for books, sup22 plies, equipment, and other educational 

23 costs with respect to such quarter, semester, 

24 or term in the amount equal to— 

25 ‘‘(I) $1,000, multiplied by 
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1 ‘‘(II) the fraction which is the 

2 portion of a complete academic year 

3 under the program of education that 

4 such quarter, semester, or term con5 stitutes. 

6 ‘‘(2) In the case of an individual entitled to edu7 cational assistance under this chapter by reason of 

8 section 3311(b)(3) of this title, amounts equal to 90 

9 percent of the amounts that would be payable to the 

10 individual under paragraph (1) for the program of 

11 education if the individual were entitled to amounts 

12 for the program of education under paragraph (1) 

13 rather than this paragraph. 

14 ‘‘(3) In the case of an individual entitled to edu15 cational assistance under this chapter by reason of 

16 section 3311(b)(4) of this title, amounts equal to 80 

17 percent of the amounts that would be payable to the 

18 individual under paragraph (1) for the program of 

19 education if the individual were entitled to amounts 

20 for the program of education under paragraph (1) 

21 rather than this paragraph. 

22 ‘‘(4) In the case of an individual entitled to edu23 cational assistance under this chapter by reason of 

24 section 3311(b)(5) of this title, amounts equal to 70 

25 percent of the amounts that would be payable to the 
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1 individual under paragraph (1) for the program of 

2 education if the individual were entitled to amounts 

3 for the program of education under paragraph (1) 

4 rather than this paragraph. 

5 ‘‘(5) In the case of an individual entitled to edu6 cational assistance under this chapter by reason of 

7 section 3311(b)(6) of this title, amounts equal to 60 

8 percent of the amounts that would be payable to the 

9 individual under paragraph (1) for the program of 

10 education if the individual were entitled to amounts 

11 for the program of education under paragraph (1) 

12 rather than this paragraph. 

13 ‘‘(6) In the case of an individual entitled to edu14 cational assistance under this chapter by reason of 

15 section 3311(b)(7) of this title, amounts equal to 50 

16 percent of the amounts that would be payable to the 

17 individual under paragraph (1) for the program of 

18 education if the individual were entitled to amounts 

19 for the program of education under paragraph (1) 

20 rather than this paragraph. 

21 ‘‘(7) In the case of an individual entitled to edu22 cational assistance under this chapter by reason of 

23 section 3311(b)(8) of this title, amounts equal to 40 

24 percent of the amounts that would be payable to the 

25 individual under paragraph (1) for the program of 
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1 education if the individual were entitled to amounts 

2 for the program of education under paragraph (1) 

3 rather than this paragraph. 

4 ‘‘(d) FREQUENCY OF PAYMENT.—(1) Payment of the 

5 amounts payable under subsection (c)(1)(A), and of similar 

6 amounts payable under paragraphs (2) through (7) of sub7 section (c), for pursuit of a program of education shall be 

8 made for the entire quarter, semester, or term, as applicable, 

9 of the program of education. 

10 ‘‘(2) Payment of the amount payable under subsection 

11 (c)(1)(B), and of similar amounts payable under para12 graphs (2) through (7) of subsection (c), for pursuit of a 

13 program of education shall be made on a monthly basis. 

14 ‘‘(3) The Secretary shall prescribe in regulations meth15 ods for determining the number of months (including frac16 tions thereof) of entitlement of an individual to educational 

17 assistance this chapter that are chargeable under this chap18 ter for an advance payment of amounts under paragraphs 

19 (1) and (2) for pursuit of a program of education on a 

20 quarter, semester, term, or other basis. 

21 ‘‘(e) PROGRAMS OF EDUCATION PURSUED ON ACTIVE

22 DUTY.—(1) Educational assistance is payable under this 

23 chapter for pursuit of an approved program of education 

24 while on active duty. 
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1 ‘‘(2) The amount of educational assistance payable 

2 under this chapter to an individual pursuing a program 

3 of education while on active duty is the lesser of— 

4 ‘‘(A) the established charges which similarly 

5 circumstanced nonveterans enrolled in the program of 

6 education involved would be required to pay; or 

7 ‘‘(B) the amount of the charges of the educational 

8 institution as elected by the individual in the manner 

9 specified in section 3014(b)(1) of this title. 

10 ‘‘(3) Payment of the amount payable under paragraph 

11 (2) for pursuit of a program of education shall be made 

12 for the entire quarter, semester, or term, as applicable, of 

13 the program of education. 

14 ‘‘(4) For each month (as determined pursuant to the 

15 methods prescribed under subsection (d)(3)) for which 

16 amounts are paid an individual under this subsection, the 

17 entitlement of the individual to educational assistance 

18 under this chapter shall be charged at the rate of one month 

19 for each such month. 

20 ‘‘(f) PROGRAMS OF EDUCATION PURSUED ON HALF21 TIME BASIS OR LESS.—(1) Educational assistance is pay22 able under this chapter for pursuit of an approved program 

23 of education on half-time basis or less. 
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1 ‘‘(2) The educational assistance payable under this 

2 chapter to an individual pursuing a program of education 

3 on half-time basis or less is the amounts as follows: 

4 ‘‘(A) The amount equal to the lesser of— 

5 ‘‘(i) the established charges which similarly 

6 circumstanced nonveterans enrolled in the pro7 gram of education involved would be required to 

8 pay; or 

9 ‘‘(ii) the maximum amount that would be 

10 payable to the individual for the program of edu11 cation under paragraph (1)(A) of subsection (c), 

12 or under the provisions of paragraphs (2) 

13 through (7) of subsection (c) applicable to the in14 dividual, for the program of education if the in15 dividual were entitled to amounts for the pro16 gram of education under subsection (c) rather 

17 than this subsection. 

18 ‘‘(B) A stipend in an amount equal to the 

19 amount of the appropriately reduced amount of the 

20 lump sum amount for books, supplies, equipment, and 

21 other educational costs otherwise payable to the indi22 vidual under subsection (c). 

23 ‘‘(3) Payment of the amounts payable to an individual 

24 under paragraph (2) for pursuit of a program of education 

25 on half-time basis or less shall be made for the entire quar-
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1 ter, semester, or term, as applicable, of the program of edu2 cation. 

3 ‘‘(4) For each month (as determined pursuant to the 

4 methods prescribed under subsection (d)(3)) for which 

5 amounts are paid an individual under this subsection, the 

6 entitlement of the individual to educational assistance 

7 under this chapter shall be charged at a percentage of a 

8 month equal to— 

9 ‘‘(A) the number of course hours borne by the in10 dividual in pursuit of the program of education in11 volved, divided by 

12 ‘‘(B) the number of course hours for full-time 

13 pursuit of such program of education. 

14 ‘‘(g) PAYMENT OF ESTABLISHED CHARGES TO EDU15 CATIONAL INSTITUTIONS.—Amounts payable under sub16 sections (c)(1)(A) (and of similar amounts payable under 

17 paragraphs (2) through (7) of subsection (c)), (e)(2) and 

18 (f)(2)(A) shall be paid directly to the educational institu19 tion concerned. 

20 ‘‘(h) ESTABLISHED CHARGES DEFINED.—(1) In this 

21 section, the term ‘established charges’, in the case of a pro22 gram of education, means the actual charges (as determined 

23 pursuant to regulations prescribed by the Secretary) for tui24 tion and fees which similarly circumstanced nonveterans 
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1 enrolled in the program of education would be required to 

2 pay. 

3 ‘‘(2) Established charges shall be determined for pur4 poses of this subsection on the following basis: 

5 ‘‘(A) In the case of an individual enrolled in a 

6 program of education offered on a term, quarter, or 

7 semester basis, the tuition and fees charged the indi8 vidual for the term, quarter, or semester. 

9 ‘‘(B) In the case of an individual enrolled in a 

10 program of education not offered on a term, quarter, 

11 or semester basis, the tuition and fees charged the in12 dividual for the entire program of education. 

13 ‘‘§ 3314. Tutorial assistance 

14 ‘‘(a) IN GENERAL.—Subject to subsection (b), an indi15 vidual entitled to educational assistance under this chapter 

16 shall also be entitled to benefits provided an eligible veteran 

17 under section 3492 of this title. 

18 ‘‘(b) CONDITIONS.—(1) The provision of benefits under 

19 subsection (a) shall be subject to the conditions applicable 

20 to an eligible veteran under section 3492 of this title. 

21 ‘‘(2) In addition to the conditions specified in para22 graph (1), benefits may not be provided to an individual 

23 under subsection (a) unless the professor or other individual 

24 teaching, leading, or giving the course for which such bene25 fits are provided certifies that— 
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1 ‘‘(A) such benefits are essential to correct a defi2 ciency of the individual in such course; and 

3 ‘‘(B) such course is required as a part of, or is 

4 prerequisite or indispensable to the satisfactory pur5 suit of, an approved program of education. 

6 ‘‘(c) AMOUNT.—(1) The amount of benefits described 

7 in subsection (a) that are payable under this section may 

8 not exceed $100 per month, for a maximum of 12 months, 

9 or until a maximum of $1,200 is utilized. 

10 ‘‘(2) The amount provided an individual under this 

11 subsection is in addition to the amounts of educational as12 sistance paid the individual under section 3313 of this title. 

13 ‘‘(d) NO CHARGE AGAINST ENTITLEMENT.—Any bene14 fits provided an individual under subsection (a) are in ad15 dition to any other educational assistance benefits provided 

16 the individual under this chapter. 

17 ‘‘§ 3315. Licensure and certification tests 

18 ‘‘(a) IN GENERAL.—An individual entitled to edu19 cational assistance under this chapter shall also be entitled 

20 to payment for one licensing or certification test described 

21 in section 3452(b) of this title. 

22 ‘‘(b) LIMITATION ON AMOUNT.—The amount payable 

23 under subsection (a) for a licensing or certification test may 

24 not exceed the lesser of— 

25 ‘‘(1) $2,000; or 
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1 ‘‘(2) the fee charged for the test. 

2 ‘‘(c) NO CHARGE AGAINST ENTITLEMENT.—Any 

3 amount paid an individual under subsection (a) is in addi4 tion to any other educational assistance benefits provided 

5 the individual under this chapter. 

6 ‘‘§ 3316. Supplemental educational assistance: mem7 bers with critical skills or specialty; mem8 bers serving additional service 

9 ‘‘(a) INCREASED ASSISTANCE FOR MEMBERS WITH

10 CRITICAL SKILLS OR SPECIALTY.—(1) In the case of an in11 dividual who has a skill or specialty designated by the Sec12 retary concerned as a skill or specialty in which there is 

13 a critical shortage of personnel or for which it is difficult 

14 to recruit or, in the case of critical units, retain personnel, 

15 the Secretary concerned may increase the monthly amount 

16 of educational assistance otherwise payable to the indi17 vidual under paragraph (1)(B) of section 3313(c) of this 

18 title, or under paragraphs (2) through (7) of such section 

19 (as applicable). 

20 ‘‘(2) The amount of the increase in educational assist21 ance authorized by paragraph (1) may not exceed the 

22 amount equal to the monthly amount of increased basic 

23 educational assistance providable under section 3015(d)(1) 

24 of this title at the time of the increase under paragraph 

25 (1). 
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1 ‘‘(b) SUPPLEMENTAL ASSISTANCE FOR ADDITIONAL

2 SERVICE.—(1) The Secretary concerned may provide for the 

3 payment to an individual entitled to educational assistance 

4 under this chapter of supplemental educational assistance 

5 for additional service authorized by subchapter III of chap6 ter 30 of this title. The amount so payable shall be payable 

7 as an increase in the monthly amount of educational assist8 ance otherwise payable to the individual under paragraph 

9 (1)(B) of section 3313(c) of this title, or under paragraphs 

10 (2) through (7) of such section (as applicable). 

11 ‘‘(2) Eligibility for supplement educational assistance 

12 under this subsection shall be determined in accordance 

13 with the provisions of subchapter III of chapter 30 of this 

14 title, except that any reference in such provisions to eligi15 bility for basic educational assistance under a provision of 

16 subchapter II of chapter 30 of this title shall be treated as 

17 a reference to eligibility for educational assistance under 

18 the appropriate provision of this chapter. 

19 ‘‘(3) The amount of supplemental educational assist20 ance payable under this subsection shall be the amount 

21 equal to the monthly amount of supplemental educational 

22 payable under section 3022 of this title. 

23 ‘‘(c) REGULATIONS.—The Secretaries concerned shall 

24 administer this section in accordance with such regulations 

25 as the Secretary of Defense shall prescribe. 
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1 ‘‘§ 3317. Public-private contributions for additional 

2 educational assistance 

3 ‘‘(a) ESTABLISHMENT OF PROGRAM.—In instances 

4 where the educational assistance provided pursuant to sec5 tion 3313(c)(1)(A) does not cover the full cost of established 

6 charges (as specified in section 3313 of this title), the Sec7 retary shall carry out a program under which colleges and 

8 universities can, voluntarily, enter into an agreement with 

9 the Secretary to cover a portion of those established charges 

10 not otherwise covered under section 3313(c)(1)(A), which 

11 contributions shall be matched by equivalent contributions 

12 toward such costs by the Secretary. The program shall only 

13 apply to covered individuals described in paragraphs (1) 

14 and (2) of section 3311(b). 

15 ‘‘(b) DESIGNATION OF PROGRAM.—The program under 

16 this section shall be known as the ‘Yellow Ribbon G.I. Edu17 cation Enhancement Program’. 

18 ‘‘(c) AGREEMENTS.—The Secretary shall enter into an 

19 agreement with each college or university seeking to partici20 pate in the program under this section. Each agreement 

21 shall specify the following: 

22 ‘‘(1) The manner (whether by direct grant, schol23 arship, or otherwise) of the contributions to be made 

24 by the college or university concerned. 

25 ‘‘(2) The maximum amount of the contribution 

26 to be made by the college or university concerned with 
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1 respect to any particular individual in any given 

2 academic year. 

3 ‘‘(3) The maximum number of individuals for 

4 whom the college or university concerned will make 

5 contributions in any given academic year. 

6 ‘‘(4) Such other matters as the Secretary and the 

7 college or university concerned jointly consider appro8 priate. 

9 ‘‘(d) MATCHING CONTRIBUTIONS.—(1) In instances 

10 where the educational assistance provided an individual 

11 under section 3313(c)(1)(A) of this title does not cover the 

12 full cost of tuition and mandatory fees at a college or uni13 versity, the Secretary shall provide up to 50 percent of the 

14 remaining costs for tuition and mandatory fees if the college 

15 or university voluntarily enters into an agreement with the 

16 Secretary to match an equal percentage of any of the re17 maining costs for such tuition and fees. 

18 ‘‘(2) Amounts available to the Secretary under section 

19 3324(b) of this title for payment of the costs of this chapter 

20 shall be available to the Secretary for purposes of paragraph 

21 (1). 

22 ‘‘(e) OUTREACH.—The Secretary shall make available 

23 on the Internet website of the Department available to the 

24 public a current list of the colleges and universities partici25 pating in the program under this section. The list shall 
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1 specify, for each college or university so listed, appropriate 

2 information on the agreement between the Secretary and 

3 such college or university under subsection (c). 

4 ‘‘SUBCHAPTER III—ADMINISTRATIVE 

5 PROVISIONS 

6 ‘‘§ 3321. Time limitation for use of and eligibility for 

7 entitlement 

8 ‘‘(a) IN GENERAL.—Except as provided in this section, 

9 the period during which an individual entitled to edu10 cational assistance under this chapter may use such indi11 vidual’s entitlement expires at the end of the 15-year period 

12 beginning on the date of such individual’s last discharge 

13 or release from active duty. 

14 ‘‘(b) EXCEPTIONS.—(1) Subsections (b), (c), and (d) 

15 of section 3031 of this title shall apply with respect to the 

16 running of the 15-year period described in subsection (a) 

17 of this section in the same manner as such subsections apply 

18 under section 3031 of this title with respect to the running 

19 of the 10-year period described in section 3031(a) of this 

20 title. 

21 ‘‘(2) Section 3031(f) of this title shall apply with re22 spect to the termination of an individual’s entitlement to 

23 educational assistance under this chapter in the same man24 ner as such section applies to the termination of an individ25 ual’s entitlement to educational assistance under chapter 30 
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1 of this title, except that, in the administration of such sec2 tion for purposes of this chapter, the reference to section 

3 3013 of this title shall be deemed to be a reference to 3312 

4 of this title. 

5 ‘‘(3) For purposes of subsection (a), an individual’s 

6 last discharge or release from active duty shall not include 

7 any discharge or release from a period of active duty of 

8 less than 90 days of continuous service, unless the indi9 vidual is discharged or released as described in section 

10 3311(b)(2) of this title. 

11 ‘‘§ 3322. Bar to duplication of educational assistance 

12 benefits 

13 ‘‘(a) IN GENERAL.—An individual entitled to edu14 cational assistance under this chapter who is also eligible 

15 for educational assistance under chapter 30, 31, 32, or 35 

16 of this title, chapter 107, 1606, or 1607 of title 10, or the 

17 provisions of the Hostage Relief Act of 1980 (Public Law 

18 96–449; 5 U.S.C. 5561 note) may not receive assistance 

19 under two or more such programs concurrently, but shall 

20 elect (in such form and manner as the Secretary may pre21 scribe) under which chapter or provisions to receive edu22 cational assistance. 

23 ‘‘(b) INAPPLICABILITY OF SERVICE TREATED UNDER

24 EDUCATIONAL LOAN REPAYMENT PROGRAMS.—A period of 

25 service counted for purposes of repayment of an education 
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1 loan under chapter 109 of title 10 may not be counted as 

2 a period of service for entitlement to educational assistance 

3 under this chapter. 

4 ‘‘(c) SERVICE IN SELECTED RESERVE.—An individual 

5 who serves in the Selected Reserve may receive credit for 

6 such service under only one of this chapter, chapter 30 of 

7 this title, and chapters 1606 and 1607 of title 10, and shall 

8 elect (in such form and manner as the Secretary may pre9 scribe) under which chapter such service is to be credited. 

10 ‘‘(d) ADDITIONAL COORDINATION MATTERS.—In the 

11 case of an individual entitled to educational assistance 

12 under chapter 30, 31, 32, or 35 of this title, chapter 107, 

13 1606, or 1607 of title 10, or the provisions of the Hostage 

14 Relief Act of 1980, or making contributions toward entitle15 ment to educational assistance under chapter 30 of this 

16 title, as of August 1, 2009, coordination of entitlement to 

17 educational assistance under this chapter, on the one hand, 

18 and such chapters or provisions, on the other, shall be gov19 erned by the provisions of section 3003(c) of the Post-9/11 

20 Veterans Educational Assistance Act of 2008. 

21 ‘‘§ 3323. Administration 

22 ‘‘(a) IN GENERAL.—(1) Except as otherwise provided 

23 in this chapter, the provisions specified in section 

24 3034(a)(1) of this title shall apply to the provision of edu25 cational assistance under this chapter. 
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1 ‘‘(2) In applying the provisions referred to in para2 graph (1) to an individual entitled to educational assist3 ance under this chapter for purposes of this section, the ref4 erence in such provisions to the term ‘eligible veteran’ shall 

5 be deemed to refer to an individual entitled to educational 

6 assistance under this chapter. 

7 ‘‘(3) In applying section 3474 of this title to an indi8 vidual entitled to educational assistance under this chapter 

9 for purposes of this section, the reference in such section 

10 3474 to the term ‘educational assistance allowance’ shall 

11 be deemed to refer to educational assistance payable under 

12 section 3313 of this title. 

13 ‘‘(4) In applying section 3482(g) of this title to an in14 dividual entitled to educational assistance under this chap15 ter for purposes of this section— 

16 ‘‘(A) the first reference to the term ‘educational 

17 assistance allowance’ in such section 3482(g) shall be 

18 deemed to refer to educational assistance payable 

19 under section 3313 of this title; and 

20 ‘‘(B) the first sentence of paragraph (1) of such 

21 section 3482(g) shall be applied as if such sentence 

22 ended with ‘equipment’. 

23 ‘‘(b) INFORMATION ON BENEFITS.—(1) The Secretary 

24 of Veterans Affairs shall provide the information described 

25 in paragraph (2) to each member of the Armed Forces at 
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1 such times as the Secretary of Veterans Affairs and the Sec2 retary of Defense shall jointly prescribe in regulations. 

3 ‘‘(2) The information described in this paragraph is 

4 information on benefits, limitations, procedures, eligibility 

5 requirements (including time-in-service requirements), and 

6 other important aspects of educational assistance under this 

7 chapter, including application forms for such assistance 

8 under section 5102 of this title. 

9 ‘‘(3) The Secretary of Veterans Affairs shall furnish 

10 the information and forms described in paragraph (2), and 

11 other educational materials on educational assistance under 

12 this chapter, to educational institutions, training establish13 ments, military education personnel, and such other persons 

14 and entities as the Secretary considers appropriate. 

15 ‘‘(c) REGULATIONS.—(1) The Secretary shall prescribe 

16 regulations for the administration of this chapter. 

17 ‘‘(2) Any regulations prescribed by the Secretary of 

18 Defense for purposes of this chapter shall apply uniformly 

19 across the Armed Forces. 

20 ‘‘§ 3324. Allocation of administration and costs 

21 ‘‘(a) ADMINISTRATION.—Except as otherwise provided 

22 in this chapter, the Secretary shall administer the provision 

23 of educational assistance under this chapter. 

24 ‘‘(b) COSTS.—Payments for entitlement to educational 

25 assistance earned under this chapter shall be made from 
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1 funds appropriated to, or otherwise made available to, the 

2 Department of Veterans Affairs for the payment of readjust3 ment benefits.’’. 

4 (2) CLERICAL AMENDMENTS.—The tables of 

5 chapters at the beginning of title 38, United States 

6 Code, and at the beginning of part III of such title, 

7 are each amended by inserting after the item relating 

8 to chapter 32 the following new item: 

‘‘33. Post-9/11 Educational Assistance ........................................... 3301’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) AMENDMENTS RELATING TO DUPLICATION OF

11 BENEFITS.— 

12 (A) Section 3033 of title 38, United States 

13 Code, is amended— 

14 (i) in subsection (a)(1), by inserting 

15 ‘‘33,’’ after ‘‘32,’’; and 

16 (ii) in subsection (c), by striking ‘‘both 

17 the program established by this chapter and 

18 the program established by chapter 106 of 

19 title 10’’ and inserting ‘‘two or more of the 

20 programs established by this chapter, chap21 ter 33 of this title, and chapters 1606 and 

22 1607 of title 10’’. 

23 (B) Paragraph (4) of section 3695(a) of 

24 such title is amended to read as follows: 
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1 ‘‘(4) Chapters 30, 32, 33, 34, 35, and 36 of this 

2 title.’’. 

3 (C) Section 16163(e) of title 10, United 

4 States Code, is amended by inserting ‘‘33,’’ after 

5 ‘‘32,’’. 

6 (2) ADDITIONAL CONFORMING AMENDMENTS.— 

7 (A) Title 38, United States Code, is further 

8 amended by inserting ‘‘33,’’ after ‘‘32,’’ each 

9 place it appears in the following provisions: 

10 (i) In subsections (b) and (e)(1) of sec11 tion 3485. 

12 (ii) In section 3688(b). 

13 (iii) In subsections (a)(1), (c)(1), 

14 (c)(1)(G), (d), and (e)(2) of section 3689. 

15 (iv) In section 3690( b)(3)(A). 

16 (v) In subsections (a) and (b) of section 

17 3692. 

18 (vi) In section 3697(a). 

19 (B) Section 3697A(b)(1) of such title is 

20 amended by striking ‘‘or 32’’ and inserting ‘‘32, 

21 or 33’’. 

22 (c) APPLICABILITY TO INDIVIDUALS UNDER MONT23 GOMERY GI BILL PROGRAM.— 

24 (1) INDIVIDUALS ELIGIBLE TO ELECT PARTICIPA25 TION IN POST-9/11 EDUCATIONAL ASSISTANCE.—An 
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1 individual may elect to receive educational assistance 

2 under chapter 33 of title 38, United States Code (as 

3 added by subsection (a)), if such individual— 

4 (A) as of August 1, 2009— 

5 (i) is entitled to basic educational as6 sistance under chapter 30 of title 38, United 

7 States Code, and has used, but retains un8 used, entitlement under that chapter; 

9 (ii) is entitled to educational assist10 ance under chapter 107, 1606, or 1607 of 

11 title 10, United States Code, and has used, 

12 but retains unused, entitlement under the 

13 applicable chapter; 

14 (iii) is entitled to basic educational as15 sistance under chapter 30 of title 38, United 

16 States Code, but has not used any entitle17 ment under that chapter; 

18 (iv) is entitled to educational assist19 ance under chapter 107, 1606, or 1607 of 

20 title 10, United States Code, but has not 

21 used any entitlement under such chapter; 

22 (v) is a member of the Armed Forces 

23 who is eligible for receipt of basic edu24 cational assistance under chapter 30 of title 

25 38, United States Code, and is making con-
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1 tributions toward such assistance under sec2 tion 3011(b) or 3012(c) of such title; or 

3 (vi) is a member of the Armed Forces 

4 who is not entitled to basic educational as5 sistance under chapter 30 of title 38, United 

6 States Code, by reason of an election under 

7 section 3011(c)(1) or 3012(d)(1) of such 

8 title; and 

9 (B) as of the date of the individual’s elec10 tion under this paragraph, meets the require11 ments for entitlement to educational assistance 

12 under chapter 33 of title 38, United States Code 

13 (as so added). 

14 (2) CESSATION OF CONTRIBUTIONS TOWARD GI

15 BILL.—Effective as of the first month beginning on or 

16 after the date of an election under paragraph (1) of 

17 an individual described by subparagraph (A)(v) of 

18 that paragraph, the obligation of the individual to 

19 make contributions under section 3011(b) or 3012(c) 

20 of title 38, United States Code, as applicable, shall 

21 cease, and the requirements of such section shall be 

22 deemed to be no longer applicable to the individual. 

23 (3) REVOCATION OF REMAINING TRANSFERRED

24 ENTITLEMENT.— 
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1 (A) ELECTION TO REVOKE.—If, on the date 

2 an individual described in subparagraph (A)(i) 

3 or (A)(iii) of paragraph (1) makes an election 

4 under that paragraph, a transfer of the entitle5 ment of the individual to basic educational as6 sistance under section 3020 of title 38, United 

7 States Code, is in effect and a number of months 

8 of the entitlement so transferred remain unuti9 lized, the individual may elect to revoke all or a 

10 portion of the entitlement so transferred that re11 mains unutilized. 

12 (B) AVAILABILITY OF REVOKED ENTITLE13 MENT.—Any entitlement revoked by an indi14 vidual under this paragraph shall no longer be 

15 available to the dependent to whom transferred, 

16 but shall be available to the individual instead 

17 for educational assistance under chapter 33 of 

18 title 38, United States Code (as so added), in ac19 cordance with the provisions of this subsection. 

20 (C) AVAILABILITY OF UNREVOKED ENTITLE21 MENT.—Any entitlement described in subpara22 graph (A) that is not revoked by an individual 

23 in accordance with that subparagraph shall re24 main available to the dependent or dependents 

25 concerned in accordance with the current trans-
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1 fer of such entitlement under section 3020 of title 

2 38, United States Code. 

3 (4) POST-9/11 EDUCATIONAL ASSISTANCE.— 

4 (A) IN GENERAL.—Subject to subparagraph 

5 (B) and except as provided in paragraph (5), an 

6 individual making an election under paragraph 

7 (1) shall be entitled to educational assistance 

8 under chapter 33 of title 38, United States Code 

9 (as so added), in accordance with the provisions 

10 of such chapter, instead of basic educational as11 sistance under chapter 30 of title 38, United 

12 States Code, or educational assistance under 

13 chapter 107, 1606, or 1607 of title 10, United 

14 States Code, as applicable. 

15 (B) LIMITATION ON ENTITLEMENT FOR CER16 TAIN INDIVIDUALS.—In the case of an individual 

17 making an election under paragraph (1) who is 

18 described by subparagraph (A)(i) of that para19 graph, the number of months of entitlement of 

20 the individual to educational assistance under 

21 chapter 33 of title 38, United States Code (as so 

22 added), shall be the number of months equal to— 

23 (i) the number of months of unused en24 titlement of the individual under chapter 30 
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1 of title 38, United States Code, as of the 

2 date of the election, plus 

3 (ii) the number of months, if any, of 

4 entitlement revoked by the individual under 

5 paragraph (3)(A). 

6 (5) CONTINUING ENTITLEMENT TO EDUCATIONAL

7 ASSISTANCE NOT AVAILABLE UNDER 9/11 ASSISTANCE

8 PROGRAM.— 

9 (A) IN GENERAL.—In the event educational 

10 assistance to which an individual making an 

11 election under paragraph (1) would be entitled 

12 under chapter 30 of title 38, United States Code, 

13 or chapter 107, 1606, or 1607 of title 10, United 

14 States Code, as applicable, is not authorized to 

15 be available to the individual under the provi16 sions of chapter 33 of title 38, United States 

17 Code (as so added), the individual shall remain 

18 entitled to such educational assistance in accord19 ance with the provisions of the applicable chap20 ter. 

21 (B) CHARGE FOR USE OF ENTITLEMENT.— 

22 The utilization by an individual of entitlement 

23 under subparagraph (A) shall be chargeable 

24 against the entitlement of the individual to edu25 cational assistance under chapter 33 of title 38, 
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1 United States Code (as so added), at the rate of 

2 one month of entitlement under such chapter 33 

3 for each month of entitlement utilized by the in4 dividual under subparagraph (A) (as determined 

5 as if such entitlement were utilized under the 

6 provisions of chapter 30 of title 38, United 

7 States Code, or chapter 107, 1606, or 1607 of 

8 title 10, United States Code, as applicable). 

9 (6) ADDITIONAL POST-9/11 ASSISTANCE FOR

10 MEMBERS HAVING MADE CONTRIBUTIONS TOWARD GI

11 BILL.— 

12 (A) ADDITIONAL ASSISTANCE.—In the case 

13 of an individual making an election under para14 graph (1) who is described by clause (i), (iii), or 

15 (v) of subparagraph (A) of that paragraph, the 

16 amount of educational assistance payable to the 

17 individual under chapter 33 of title 38, United 

18 States Code (as so added), as a monthly stipend 

19 payable under paragraph (1)(B) of section 

20 3313(c) of such title (as so added), or under 

21 paragraphs (2) through (7) of that section (as 

22 applicable), shall be the amount otherwise pay23 able as a monthly stipend under the applicable 

24 paragraph increased by the amount equal to— 
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1 (i) the total amount of contributions 

2 toward basic educational assistance made 

3 by the individual under section 3011(b) or 

4 3012(c) of title 38, United States Code, as 

5 of the date of the election, multiplied by 

6 (ii) the fraction— 

7 (I) the numerator of which is— 

8 (aa) the number of months of 

9 entitlement to basic educational 

10 assistance under chapter 30 of 

11 title 38, United States Code, re12 maining to the individual at the 

13 time of the election; plus 

14 (bb) the number of months, if 

15 any, of entitlement under such 

16 chapter 30 revoked by the indi17 vidual under paragraph (3)(A); 

18 and 

19 (II) the denominator of which is 

20 36 months. 

21 (B) MONTHS OF REMAINING ENTITLEMENT

22 FOR CERTAIN INDIVIDUALS.—In the case of an 

23 individual covered by subparagraph (A) who is 

24 described by paragraph (1)(A)(v), the number of 

25 months of entitlement to basic educational assist-
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1 ance remaining to the individual for purposes of 

2 subparagraph (A)(ii)(I)(aa) shall be 36 months. 

3 (C) TIMING OF PAYMENT.—The amount 

4 payable with respect to an individual under sub5 paragraph (A) shall be paid to the individual to6 gether with the last payment of the monthly sti7 pend payable to the individual under paragraph 

8 (1)(B) of section 3313(c) of title 38, United 

9 States Code (as so added), or under paragraphs 

10 (2) through (7) of that section (as applicable), 

11 before the exhaustion of the individual’s entitle12 ment to educational assistance under chapter 33 

13 of such title (as so added). 

14 (7) CONTINUING ENTITLEMENT TO ADDITIONAL

15 ASSISTANCE FOR CRITICAL SKILLS OR SPECIALITY

16 AND ADDITIONAL SERVICE.—An individual making 

17 an election under paragraph (1)(A) who, at the time 

18 of the election, is entitled to increased educational as19 sistance under section 3015(d) of title 38, United 

20 States Code, or section 16131(i) of title 10, United 

21 States Code, or supplemental educational assistance 

22 under subchapter III of chapter 30 of title 38, United 

23 States Code, shall remain entitled to such increased 

24 educational assistance or supplemental educational 

25 assistance in the utilization of entitlement to edu-
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1 cational assistance under chapter 33 of title 38, 

2 United States Code (as so added), in an amount 

3 equal to the quarter, semester, or term, as applicable, 

4 equivalent of the monthly amount of such increased 

5 educational assistance or supplemental educational 

6 assistance payable with respect to the individual at 

7 the time of the election. 

8 (8) IRREVOCABILITY OF ELECTIONS.—An election 

9 under paragraph (1) or (3)(A) is irrevocable. 

10 (d) EFFECTIVE DATE.—This section and the amend11 ments made by this section shall take effect on August 1, 

12 2009. 

13 INCREASE IN AMOUNTS OF BASIC EDUCATIONAL

14 ASSISTANCE UNDER THE MONTGOMERY GI BILL

15 SEC. 3004. (a) EDUCATIONAL ASSISTANCE BASED ON

16 THREE-YEAR PERIOD OF OBLIGATED SERVICE.—Sub17 section (a)(1) of section 3015 of title 38, United States Code, 

18 is amended— 

19 (1) by striking subparagraphs (A) through (C) 

20 and inserting the following new subparagraph: 

21 ‘‘(A) for months occurring during the period be22 ginning on August 1, 2008, and ending on the last 

23 day of fiscal year 2009, $1,321; and’’; and 

24 (2) by redesignating subparagraph (D) as sub25 paragraph (B). 
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1 (b) EDUCATIONAL ASSISTANCE BASED ON TWO-YEAR

2 PERIOD OF OBLIGATED SERVICE.—Subsection (b)(1) of 

3 such section is amended— 

4 (1) by striking subparagraphs (A) through (C) 

5 and inserting the following new subparagraph: 

6 ‘‘(A) for months occurring during the period be7 ginning on August 1, 2008, and ending on the last 

8 day of fiscal year 2009, $1,073; and’’; and 

9 (2) by redesignating subparagraph (D) as sub10 paragraph (B). 

11 (c) MODIFICATION OF MECHANISM FOR COST-OF-LIV12 ING ADJUSTMENTS.—Subsection (h)(1) of such section is 

13 amended by striking subparagraphs (A) and (B) and in14 serting the following new subparagraphs: 

15 ‘‘(A) the average cost of undergraduate tuition in 

16 the United States, as determined by the National 

17 Center for Education Statistics, for the last academic 

18 year preceding the beginning of the fiscal year for 

19 which the increase is made, exceeds 

20 ‘‘(B) the average cost of undergraduate tuition in 

21 the United States, as so determined, for the academic 

22 year preceding the academic year described in sub23 paragraph (A).’’. 

24 (d) EFFECTIVE DATE.— 
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1 (1) IN GENERAL.—The amendments made by 

2 this section shall take effect on August 1, 2008. 

3 (2) NO COST-OF-LIVING ADJUSTMENT FOR FISCAL

4 YEAR 2009.—The adjustment required by subsection 

5 (h) of section 3015 of title 38, United States Code (as 

6 amended by this section), in rates of basic educational 

7 assistance payable under subsections (a) and (b) of 

8 such section (as so amended) shall not be made for 

9 fiscal year 2009. 

10 MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSE11 MENT OF STATE AND LOCAL AGENCIES ADMIN12 ISTERING VETERANS EDUCATION BENEFITS

13 SEC. 3005. Section 3674(a)(4) of title 38, United 

14 States Code, is amended by striking ‘‘may not exceed’’ and 

15 all that follows through the end and inserting ‘‘shall be 

16 $19,000,000.’’. 

17 TITLE IV—EMERGENCY UNEMPLOYMENT 

18 COMPENSATION 

19 FEDERAL-STATE AGREEMENTS

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

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

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

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

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

25 days’ written notice to the Secretary, terminate such agree26 ment. 
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1 (b) PROVISIONS OF AGREEMENT.—Any agreement 

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

3 the State will make payments of emergency unemployment 

4 compensation to individuals who— 

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

7 with respect to a benefit year (excluding any benefit 

8 year that ended before May 1, 2007); 

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

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

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

14 (3) are not receiving compensation with respect 

15 to such week under the unemployment compensation 

16 law of Canada. 

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

20 under a State law when— 

21 (1) no payments of regular compensation can be 

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

25 individual’s base period; or 
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1 (2) such individual’s rights to such compensation 

2 have been terminated by reason of the expiration of 

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

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

6 of any agreement under this title— 

7 (1) the amount of emergency unemployment 

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

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

13 the State law for a week of total unemployment; 

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

15 which apply to claims for regular compensation and 

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

18 thereof, except where otherwise inconsistent with the 

19 provisions of this title or with the regulations or oper20 ating instructions of the Secretary promulgated to 

21 carry out this title; and 

22 (3) the maximum amount of emergency unem23 ployment compensation payable to any individual for 

24 whom an emergency unemployment compensation ac25 count is established under section 4002 shall not ex-
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1 ceed the amount established in such account for such 

2 individual. 

3 (e) ELECTION BY STATES.—Notwithstanding any 

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

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

6 may provide for the payment of emergency unemployment 

7 compensation prior to extended compensation to individ8 uals who otherwise meet the requirements of this section. 

9 EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT

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

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

12 eligible individual who files an application for emergency 

13 unemployment compensation, an emergency unemployment 

14 compensation account with respect to such individual’s ben15 efit year. 

16 (b) AMOUNT IN ACCOUNT.— 

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

18 account under subsection (a) shall be equal to the less19 er of— 

20 (A) 50 percent of the total amount of reg21 ular compensation (including dependents’ allow22 ances) payable to the individual during the indi23 vidual’s benefit year under such law, or 

24 (B) 13 times the individual’s average week25 ly benefit amount for the benefit year. 
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1 (2) WEEKLY BENEFIT AMOUNT.—For purposes of 

2 this subsection, an individual’s weekly benefit amount 

3 for any week is the amount of regular compensation 

4 (including dependents’ allowances) under the State 

5 law payable to such individual for such week for total 

6 unemployment. 

7 (c) SPECIAL RULE.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of this section, if, at the time that the indi10 vidual’s account is exhausted or at any time there11 after, such individual’s State is in an extended benefit 

12 period (as determined under paragraph (2)), then, 

13 such account shall be augmented by an amount equal 

14 to the amount originally established in such account 

15 (as determined under subsection (b)(1)). 

16 (2) EXTENDED BENEFIT PERIOD.—For purposes 

17 of paragraph (1), a State shall be considered to be in 

18 an extended benefit period, as of any given time, if— 

19 (A) such a period is then in effect for such 

20 State under the Federal-State Extended Unem21 ployment Compensation Act of 1970; 

22 (B) such a period would then be in effect for 

23 such State under such Act if section 203(d) of 

24 such Act— 
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1 (i) were applied by substituting ‘‘4’’ 

2 for ‘‘5’’ each place it appears; and 

3 (ii) did not include the requirement 

4 under paragraph (1)(A); or 

5 (C) such a period would then be in effect for 

6 such State under such Act if— 

7 (i) section 203(f) of such Act were ap8 plied to such State (regardless of whether 

9 the State by law had provided for such ap10 plication); and 

11 (ii) such section 203(f)— 

12 (I) were applied by substituting 

13 ‘6.0’ for ‘6.5’ in paragraph (1)(A)(i); 

14 and 

15 (II) did not include the require16 ment under paragraph (1)(A)(ii). 

17 PAYMENTS TO STATES HAVING AGREEMENTS FOR THE

18 PAYMENT OF EMERGENCY UNEMPLOYMENT COMPENSATION

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

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

21 title an amount equal to 100 percent of the emergency un22 employment compensation paid to individuals by the State 

23 pursuant to such agreement. 

24 (b) TREATMENT OF REIMBURSABLE COMPENSA25 TION.—No payment shall be made to any State under this 

26 section in respect of any compensation to the extent the 
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1 State is entitled to reimbursement in respect of such com2 pensation under the provisions of any Federal law other 

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

4 A State shall not be entitled to any reimbursement under 

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

6 the State is entitled to reimbursement under this title in 

7 respect of such compensation. 

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

9 any State by reason of such State having an agreement 

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

11 way of reimbursement (as may be determined by the Sec12 retary), in such amounts as the Secretary estimates the 

13 State will be entitled to receive under this title for each cal14 endar month, reduced or increased, as the case may be, by 

15 any amount by which the Secretary finds that the Sec16 retary’s estimates for any prior calendar month were great17 er or less than the amounts which should have been paid 

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

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

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

21 involved. 

22 FINANCING PROVISIONS

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

24 unemployment compensation account (as established by sec25 tion 905(a) of the Social Security Act (42 U.S.C. 1105(a)) 

26 of the Unemployment Trust Fund (as established by section 
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1 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for 

2 the making of payments to States having agreements en3 tered into under this title. 

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

5 time certify to the Secretary of the Treasury for payment 

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

7 title. The Secretary of the Treasury, prior to audit or settle8 ment by the Government Accountability Office, shall make 

9 payments to the State in accordance with such certification, 

10 by transfers from the extended unemployment compensation 

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

12 the Unemployment Trust Fund (as so established). 

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

14 out of the employment security administration account (as 

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

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

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

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

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

20 costs of administration of agreements under this title. 

21 (d) APPROPRIATIONS FOR CERTAIN PAYMENTS.— 

22 There are appropriated from the general fund of the Treas23 ury, without fiscal year limitation, to the extended unem24 ployment compensation account (as so established) of the 

25 Unemployment Trust Fund (as so established) such sums 
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1 as the Secretary estimates to be necessary to make the pay2 ments under this section in respect of— 

3 (1) compensation payable under chapter 85 of 

4 title 5, United States Code; and 

5 (2) compensation payable on the basis of services 

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

7 Code of 1986 applies. 

8 Amounts appropriated pursuant to the preceding sentence 

9 shall not be required to be repaid. 

10 FRAUD AND OVERPAYMENTS

11 SEC. 4005. (a) IN GENERAL.—If an individual know12 ingly has made, or caused to be made by another, a false 

13 statement or representation of a material fact, or knowingly 

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

15 fact, and as a result of such false statement or representa16 tion or of such nondisclosure such individual has received 

17 an amount of emergency unemployment compensation 

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

19 such individual— 

20 (1) shall be ineligible for further emergency un21 employment compensation under this title in accord22 ance with the provisions of the applicable State un23 employment compensation law relating to fraud in 

24 connection with a claim for unemployment compensa25 tion; and 
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1 (2) shall be subject to prosecution under section 

2 1001 of title 18, United States Code. 

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

4 received amounts of emergency unemployment compensa5 tion under this title to which they were not entitled, the 

6 State shall require such individuals to repay the amounts 

7 of such emergency unemployment compensation to the State 

8 agency, except that the State agency may waive such repay9 ment if it determines that— 

10 (1) the payment of such emergency unemploy11 ment compensation was without fault on the part of 

12 any such individual; and 

13 (2) such repayment would be contrary to equity 

14 and good conscience. 

15 (c) RECOVERY BY STATE AGENCY.— 

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

17 the amount to be repaid, or any part thereof, by de18 ductions from any emergency unemployment com19 pensation payable to such individual under this title 

20 or from any unemployment compensation payable to 

21 such individual under any State or Federal unem22 ployment compensation law administered by the 

23 State agency or under any other State or Federal law 

24 administered by the State agency which provides for 

25 the payment of any assistance or allowance with re-
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1 spect to any week of unemployment, during the 3-year 

2 period after the date such individuals received the 

3 payment of the emergency unemployment compensa4 tion to which they were not entitled, except that no 

5 single deduction may exceed 50 percent of the weekly 

6 benefit amount from which such deduction is made. 

7 (2) OPPORTUNITY FOR HEARING.—No repayment 

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

9 until a determination has been made, notice thereof 

10 and an opportunity for a fair hearing has been given 

11 to the individual, and the determination has become 

12 final. 

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

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

15 manner and to the same extent as determinations under 

16 the State unemployment compensation law, and only in 

17 that manner and to that extent. 

18 DEFINITIONS

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

20 ‘‘regular compensation’’, ‘‘extended compensation’’, ‘‘benefit 

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

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

23 under section 205 of the Federal-State Extended Unemploy24 ment Compensation Act of 1970 (26 U.S.C. 3304 note). 
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1 APPLICABILITY

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

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

4 shall apply to weeks of unemployment— 

5 (1) beginning after the date on which such agree6 ment is entered into; and 

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

8 (b) TRANSITION FOR AMOUNT REMAINING IN AC9 COUNT.— 

10 (1) IN GENERAL.—Subject to paragraphs (2) and 

11 (3), in the case of an individual who has amounts re12 maining in an account established under section 4002 

13 as of the last day of the last week (as determined in 

14 accordance with the applicable State law) ending on 

15 or before March 31, 2009, emergency unemployment 

16 compensation shall continue to be payable to such in17 dividual from such amounts for any week beginning 

18 after such last day for which the individual meets the 

19 eligibility requirements of this title. 

20 (2) LIMIT ON AUGMENTATION.—If the account of 

21 an individual is exhausted after the last day of such 

22 last week (as so determined), then section 4002(c) 

23 shall not apply and such account shall not be aug24 mented under such section, regardless of whether such 
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1 individual’s State is in an extended benefit period (as 

2 determined under paragraph (2) of such section). 

3 (3) LIMIT ON COMPENSATION.—No compensation 

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

5 week beginning after June 30, 2009. 

6 TITLE V—MEDICAID PROVISIONS 

7 SEC. 5001. (a) MORATORIA ON CERTAIN MEDICAID

8 REGULATIONS.— 

9 (1) EXTENSION OF CERTAIN MORATORIA IN PUB10 LIC LAW 110–28.—Section 7002(a)(1) of the U.S. 

11 Troop Readiness, Veterans’ Care, Katrina Recovery, 

12 and Iraq Accountability Appropriations Act, 2007 

13 (Public Law 110–28) is amended— 

14 (A) by striking ‘‘prior to the date that is 1 

15 year after the date of enactment of this Act’’ and 

16 inserting ‘‘prior to April 1, 2009’’; 

17 (B) in subparagraph (A), by inserting after 

18 ‘‘Federal Regulations)’’ the following: ‘‘or in the 

19 final regulation, relating to such parts, published 

20 on May 29, 2007 (72 Federal Register 29748)’’; 

21 and 

22 (C) in subparagraph (C), by inserting be23 fore the period at the end the following: ‘‘, in24 cluding the proposed regulation published on 

25 May 23, 2007 (72 Federal Register 28930)’’. 
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1 (2) EXTENSION OF CERTAIN MORATORIA IN PUB2 LIC LAW 110–173.—Section 206 of the Medicare, Med3 icaid, and SCHIP Extension Act of 2007 (Public 

4 Law 110–173) is amended— 

5 (A) by striking ‘‘June 30, 2008’’ and insert6 ing ‘‘April 1, 2009’’; 

7 (B) by inserting ‘‘, including the proposed 

8 regulation published on August 13, 2007 (72 

9 Federal Register 45201),’’ after ‘‘rehabilitation 

10 services’’; and 

11 (C) by inserting ‘‘, including the final regu12 lation published on December 28, 2007 (72 Fed13 eral Register 73635),’’ after ‘‘school-based trans14 portation’’. 

15 (3) ADDITIONAL MORATORIA.— 

16 (A) IN GENERAL.—Notwithstanding any 

17 other provision of law, the Secretary of Health 

18 and Human Services shall not, prior to April 1, 

19 2009, take any action (through promulgation of 

20 regulation, issuance of regulatory guidance, use 

21 of Federal payment audit procedures, or other 

22 administrative action, policy, or practice, in23 cluding a Medical Assistance Manual trans24 mittal or letter to State Medicaid directors) to 

25 impose any restrictions relating to a provision 
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1 described in subparagraph (B), (C), or (D) if 

2 such restrictions are more restrictive in any as3 pect than those applied to the respective provi4 sion as of the date specified in subparagraph (E) 

5 for such provision. 

6 (B) PORTION OF INTERIM FINAL REGULA7 TION RELATING TO MEDICAID TREATMENT OF OP8 TIONAL CASE MANAGEMENT SERVICES.— 

9 (i) IN GENERAL.—Subject to clause 

10 (ii), the provision described in this subpara11 graph is the interim final regulation relat12 ing to optional State plan case management 

13 services under the Medicaid program pub14 lished on December 4, 2007 (72 Federal 

15 Register 68077) in its entirety. 

16 (ii) EXCEPTION.—The provision de17 scribed in this subparagraph does not in18 clude the portion of such regulation as re19 lates directly to implementing section 

20 1915(g)(2)(A)(ii) of the Social Security Act, 

21 as amended by section 6052 of the Deficit 

22 Reduction Act of 2005 (Public Law 109– 

23 171), through the definition of case manage24 ment services and targeted case manage25 ment services contained in proposed section 
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1 440.169 of title 42, Code of Federal Regula2 tions, but only to the extent that such por3 tion is not more restrictive than the policies 

4 set forth in the Dear State Medicaid Direc5 tor letter on case management issued on 

6 January 19, 2001 (SMDL #01–013), and 

7 with respect to community transition case 

8 management, the Dear State Medicaid Di9 rector letter issued on July 25, 2000 

10 (Olmstead Update 3). 

11 (C) PROPOSED REGULATION RELATING TO

12 REDEFINITION OF MEDICAID OUTPATIENT HOS13 PITAL SERVICES.—The provision described in 

14 this subparagraph is the proposed regulation re15 lating to clarification of outpatient clinic and 

16 hospital facility services definition and upper 

17 payment limit under the Medicaid program pub18 lished on September 28, 2007 (72 Federal Reg19 ister 55158) in its entirety. 

20 (D) PORTION OF PROPOSED REGULATION

21 RELATING TO MEDICAID ALLOWABLE PROVIDER

22 TAXES.— 

23 (i) IN GENERAL.—Subject to clause 

24 (ii), the provision described in this subpara25 graph is the final regulation relating to 
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1 health-care-related taxes under the Medicaid 

2 program published on February 22, 2008 

3 (73 Federal Register 9685) in its entirety. 

4 (ii) EXCEPTION.—The provision de5 scribed in this subparagraph does not in6 clude the portions of such regulation as re7 late to the following: 

8 (I) REDUCTION IN THRESHOLD.— 

9 The reduction from 6 percent to 5.5 

10 percent in the threshold applied under 

11 section 433.68(f)(3)(i) of title 42, Code 

12 of Federal Regulations, for determining 

13 whether or not there is an indirect 

14 guarantee to hold a taxpayer harmless, 

15 as required to carry out section 

16 1903(w)(4)(C)(ii) of the Social Secu17 rity Act, as added by section 403 of the 

18 Medicare Improvement and Extension 

19 Act of 2006 (division B of Public Law 

20 109–432). 

21 (II) CHANGE IN DEFINITION OF

22 MANAGED CARE.—The change in the 

23 definition of managed care as proposed 

24 in the revision of section 433.56(a)(8) 

25 of title 42, Code of Federal Regula-
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1 tions, as required to carry out section 

2 1903(w)(7)(A)(viii) of the Social Secu3 rity Act, as amended by section 6051 

4 of the Deficit Reduction Act of 2005 

5 (Public Law 109–171). 

6 (E) DATE SPECIFIED.—The date specified 

7 in this subparagraph for the provision described 

8 in— 

9 (i) subparagraph (B) is December 3, 

10 2007; 

11 (ii) subparagraph (C) is September 27, 

12 2007; or 

13 (iii) subparagraph (D) is February 21, 

14 2008. 

15 (b) FUNDS TO REDUCE MEDICAID FRAUD AND

16 ABUSE.— 

17 (1) IN GENERAL.—For purposes of reducing fraud and 

18 abuse in the Medicaid program under title XIX of the So19 cial Security Act— 

20 (A) there is appropriated to the Secretary of 

21 Health and Human Services, out of any money 

22 in the Treasury not otherwise appropriated, 

23 $25,000,000, for fiscal year 2009; and 
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1 (B) there is authorized to be appropriated 

2 to the Secretary $25,000,000 for fiscal year 2010 

3 and each subsequent fiscal year. 

4 Amounts appropriated under this section shall re5 main available for expenditure until expended and 

6 shall be in addition to any other amounts appro7 priated or made available to the Secretary for such 

8 purposes with respect to the Medicaid program. 

9 (2) ANNUAL REPORT.—Not later than September 30 

10 of 2009 and of each subsequent year, the Secretary of Health 

11 and Human Services shall submit to the Committee on En12 ergy and Commerce of the House of Representatives and 

13 the Committee on Finance of the Senate a report on the 

14 activities (and the results of such activities) funded under 

15 paragraph (1) to reduce waste, fraud, and abuse in the 

16 Medicaid program under title XIX of the Social Security 

17 Act during the previous 12 month period, including the 

18 amount of funds appropriated under such paragraph for 

19 each such activity and an estimate of the savings to the 

20 Medicaid program resulting from each such activity. 

21 (c) STUDY AND REPORTS TO CONGRESS.— 

22 (1) SECRETARIAL REPORT IDENTIFYING PROB23 LEMS.—Not later than July 1, 2008, the Secretary of 

24 Health and Human Services shall submit to the Com25 mittee on Energy and Commerce of the House of Rep-
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1 resentatives and the Committee on Finance of the 

2 Senate a report that— 

3 (A) outlines the specific problems the Med4 icaid regulations referred to in the amendments 

5 made by paragraphs (1) and (2) of subsection 

6 (a) and in the provisions described in subpara7 graph (B) through (D) of paragraph (3) of such 

8 subsection were intended to address; 

9 (B) detailing how these regulations were de10 signed to address these specific problems; and 

11 (C) cites the legal authority for such regula12 tions. 

13 (2) INDEPENDENT COMPREHENSIVE STUDY AND

14 REPORT.— 

15 (A) IN GENERAL.—Not later than July 1, 

16 2008, the Secretary of Health and Human Serv17 ices shall enter into a contract with an inde18 pendent organization for the purpose of— 

19 (i) producing a comprehensive report 

20 on the prevalence of the problems outlined 

21 in the report submitted under paragraph 

22 (1); 

23 (ii) identifying strategies in existence 

24 to address these problems; and 
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1 (iii) assessing the impact of each regu2 lation referred to in such paragraph on 

3 each State and the District of Columbia. 

4 (B) ADDITIONAL MATTER.—The report 

5 under subparagraph (A) shall also include— 

6 (i) an identification of which claims 

7 for items and services (including adminis8 trative activities) under title XIX of the So9 cial Security Act are not processed through 

10 systems described in section 1903(r) of such 

11 Act; 

12 (ii) an examination of the reasons why 

13 these claims for such items and services are 

14 not processed through such systems; and 

15 (iii) recommendations on actions by 

16 the Federal government and the States that 

17 can make claims for such items and services 

18 more accurate and complete consistent with 

19 such title. 

20 (C) DEADLINE.—The report under subpara21 graph (A) shall be submitted to the Committee 

22 on Energy and Commerce of the House of Rep23 resentatives and the Committee on Finance of the 

24 Senate not later than March 1, 2009. 
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1 (D) COOPERATION OF STATES.—If the Sec2 retary of Health and Human Services deter3 mines that a State or the District of Columbia 

4 has not cooperated with the independent organi5 zation for purposes of the report under this para6 graph, the Secretary shall reduce the amount 

7 paid to the State or District under section 

8 1903(a) of the Social Security Act (42 U.S.C. 

9 1396b(a)) by $25,000 for each day on which the 

10 Secretary determines such State or District has 

11 not so cooperated. Such reduction shall be made 

12 through a process that permits the State or Dis13 trict to challenge the Secretary’s determination. 

14 (3) FUNDING.— 

15 (A) IN GENERAL.—Out of any money in the 

16 Treasury of the United States not otherwise ap17 propriated, there are appropriated to the Sec18 retary without further appropriation, $5,000,000 

19 to carry out this subsection. 

20 (B) AVAILABILITY; AMOUNTS IN ADDITION

21 TO OTHER AMOUNTS APPROPRIATED FOR SUCH

22 ACTIVITIES.—Amounts appropriated pursuant to 

23 subparagraph (A) shall— 

24 (i) remain available until expended; 

25 and 
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1 (ii) be in addition to any other 

2 amounts appropriated or made available to 

3 the Secretary of Health and Human Serv4 ices with respect to the Medicaid program. 

5 (d) ASSET VERIFICATION THROUGH ACCESS TO IN6 FORMATION HELD BY FINANCIAL INSTITUTIONS.— 

7 (1) ADDITION OF AUTHORITY.—Title XIX of the 

8 Social Security Act is amended by inserting after sec9 tion 1939 the following new section: 

10 ‘‘ASSET VERIFICATION THROUGH ACCESS TO INFORMATION

11 HELD BY FINANCIAL INSTITUTIONS

12 ‘‘SEC. 1940. (a) IMPLEMENTATION.— 

13 ‘‘(1) IN GENERAL.—Subject to the provisions of 

14 this section, each State shall implement an asset 

15 verification program described in subsection (b), for 

16 purposes of determining or redetermining the eligi17 bility of an individual for medical assistance under 

18 the State plan under this title. 

19 ‘‘(2) PLAN SUBMITTAL.—In order to meet the re20 quirement of paragraph (1), each State shall— 

21 ‘‘(A) submit not later than a deadline speci22 fied by the Secretary consistent with paragraph 

23 (3), a State plan amendment under this title 

24 that describes how the State intends to imple25 ment the asset verification program; and 
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1 ‘‘(B) provide for implementation of such 

2 program for eligibility determinations and rede3 terminations made on or after 6 months after the 

4 deadline established for submittal of such plan 

5 amendment. 

6 ‘‘(3) PHASE-IN.— 

7 ‘‘(A) IN GENERAL.— 

8 ‘‘(i) IMPLEMENTATION IN CURRENT

9 ASSET VERIFICATION DEMO STATES.—The 

10 Secretary shall require those States specified 

11 in subparagraph (C) (to which an asset 

12 verification program has been applied be13 fore the date of the enactment of this sec14 tion) to implement an asset verification 

15 program under this subsection by the end of 

16 fiscal year 2009. 

17 ‘‘(ii) IMPLEMENTATION IN OTHER

18 STATES.—The Secretary shall require other 

19 States to submit and implement an asset 

20 verification program under this subsection 

21 in such manner as is designed to result in 

22 the application of such programs, in the ag23 gregate for all such other States, to enroll24 ment of approximately, but not less than, 

25 the following percentage of enrollees, in the 
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1 aggregate for all such other States, by the 

2 end of the fiscal year involved: 

3 ‘‘(I) 12.5 percent by the end of fis4 cal year 2009. 

5 ‘‘(II) 25 percent by the end of fis6 cal year 2010. 

7 ‘‘(III) 50 percent by the end of fis8 cal year 2011. 

9 ‘‘(IV) 75 percent by the end of fis10 cal year 2012. 

11 ‘‘(V) 100 percent by the end of fis12 cal year 2013. 

13 ‘‘(B) CONSIDERATION.—In selecting States 

14 under subparagraph (A)(ii), the Secretary shall 

15 consult with the States involved and take into 

16 account the feasibility of implementing asset 

17 verification programs in each such State. 

18 ‘‘(C) STATES SPECIFIED.—The States speci19 fied in this subparagraph are California, New 

20 York, and New Jersey. 

21 ‘‘(D) CONSTRUCTION.—Nothing in subpara22 graph (A)(ii) shall be construed as preventing a 

23 State from requesting, and the Secretary approv24 ing, the implementation of an asset verification 
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1 program in advance of the deadline otherwise es2 tablished under such subparagraph. 

3 ‘‘(4) EXEMPTION OF TERRITORIES.—This section 

4 shall only apply to the 50 States and the District of 

5 Columbia. 

6 ‘‘(b) ASSET VERIFICATION PROGRAM.— 

7 ‘‘(1) IN GENERAL.—For purposes of this section, 

8 an asset verification program means a program de9 scribed in paragraph (2) under which a State— 

10 ‘‘(A) requires each applicant for, or recipi11 ent of, medical assistance under the State plan 

12 under this title on the basis of being aged, blind, 

13 or disabled to provide authorization by such ap14 plicant or recipient (and any other person whose 

15 resources are material to the determination of 

16 the eligibility of the applicant or recipient for 

17 such assistance) for the State to obtain (subject 

18 to the cost reimbursement requirements of section 

19 1115(a) of the Right to Financial Privacy Act 

20 but at no cost to the applicant or recipient) from 

21 any financial institution (within the meaning of 

22 section 1101(1) of such Act) any financial record 

23 (within the meaning of section 1101(2) of such 

24 Act) held by the institution with respect to the 

25 applicant or recipient (and such other person, as 
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1 applicable), whenever the State determines the 

2 record is needed in connection with a determina3 tion with respect to such eligibility for (or the 

4 amount or extent of) such medical assistance; 

5 and 

6 ‘‘(B) uses the authorization provided under 

7 subparagraph (A) to verify the financial re8 sources of such applicant or recipient (and such 

9 other person, as applicable), in order to deter10 mine or redetermine the eligibility of such appli11 cant or recipient for medical assistance under 

12 the State plan. 

13 ‘‘(2) PROGRAM DESCRIBED.—A program de14 scribed in this paragraph is a program for verifying 

15 individual assets in a manner consistent with the ap16 proach used by the Commissioner of Social Security 

17 under section 1631(e)(1)(B)(ii). 

18 ‘‘(c) DURATION OF AUTHORIZATION.—Notwith19 standing section 1104(a)(1) of the Right to Financial Pri20 vacy Act, an authorization provided to a State under sub21 section (b)(1) shall remain effective until the earliest of— 

22 ‘‘(1) the rendering of a final adverse decision on 

23 the applicant’s application for medical assistance 

24 under the State’s plan under this title; 
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1 ‘‘(2) the cessation of the recipient’s eligibility for 

2 such medical assistance; or 

3 ‘‘(3) the express revocation by the applicant or 

4 recipient (or such other person described in subsection 

5 (b)(1), as applicable) of the authorization, in a writ6 ten notification to the State. 

7 ‘‘(d) TREATMENT OF RIGHT TO FINANCIAL PRIVACY

8 ACT REQUIREMENTS.— 

9 ‘‘(1) An authorization obtained by the State 

10 under subsection (b)(1) shall be considered to meet the 

11 requirements of the Right to Financial Privacy Act 

12 for purposes of section 1103(a) of such Act, and need 

13 not be furnished to the financial institution, notwith14 standing section 1104(a) of such Act. 

15 ‘‘(2) The certification requirements of section 

16 1103(b) of the Right to Financial Privacy Act shall 

17 not apply to requests by the State pursuant to an au18 thorization provided under subsection (b)(1). 

19 ‘‘(3) A request by the State pursuant to an au20 thorization provided under subsection (b)(1) is 

21 deemed to meet the requirements of section 1104(a)(3) 

22 of the Right to Financial Privacy Act and of section 

23 1102 of such Act, relating to a reasonable description 

24 of financial records. 
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1 ‘‘(e) REQUIRED DISCLOSURE.—The State shall inform 

2 any person who provides authorization pursuant to sub3 section (b)(1)(A) of the duration and scope of the authoriza4 tion. 

5 ‘‘(f) REFUSAL OR REVOCATION OF AUTHORIZATION.— 

6 If an applicant for, or recipient of, medical assistance 

7 under the State plan under this title (or such other person 

8 described in subsection (b)(1), as applicable) refuses to pro9 vide, or revokes, any authorization made by the applicant 

10 or recipient (or such other person, as applicable) under sub11 section (b)(1)(A) for the State to obtain from any financial 

12 institution any financial record, the State may, on that 

13 basis, determine that the applicant or recipient is ineligible 

14 for medical assistance. 

15 ‘‘(g) USE OF CONTRACTOR.—For purposes of imple16 menting an asset verification program under this section, 

17 a State may select and enter into a contract with a public 

18 or private entity meeting such criteria and qualifications 

19 as the State determines appropriate, consistent with re20 quirements in regulations relating to general contracting 

21 provisions and with section 1903(i)(2). In carrying out ac22 tivities under such contract, such an entity shall be subject 

23 to the same requirements and limitations on use and disclo24 sure of information as would apply if the State were to 

25 carry out such activities directly. 
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1 ‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall 

2 provide States with technical assistance to aid in imple3 mentation of an asset verification program under this sec4 tion. 

5 ‘‘(i) REPORTS.—A State implementing an asset 

6 verification program under this section shall furnish to the 

7 Secretary such reports concerning the program, at such 

8 times, in such format, and containing such information as 

9 the Secretary determines appropriate. 

10 ‘‘(j) TREATMENT OF PROGRAM EXPENSES.—Notwith11 standing any other provision of law, reasonable expenses 

12 of States in carrying out the program under this section 

13 shall be treated, for purposes of section 1903(a), in the same 

14 manner as State expenditures specified in paragraph (7) 

15 of such section.’’. 

16 (2) STATE PLAN REQUIREMENTS.—Section 

17 1902(a) of such Act (42 U.S.C. 1396a(a)) is amend18 ed— 

19 (A) in paragraph (69) by striking ‘‘and’’ at 

20 the end; 

21 (B) in paragraph (70) by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

23 (C) by inserting after paragraph (70), as so 

24 amended, the following new paragraph: 
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1 ‘‘(71) provide that the State will implement an 

2 asset verification program as required under section 

3 1940.’’. 

4 (3) WITHHOLDING OF FEDERAL MATCHING PAY5 MENTS FOR NONCOMPLIANT STATES.—Section 1903(i) 

6 of such Act (42 U.S.C. 1396b(i)) is amended— 

7 (A) in paragraph (22) by striking ‘‘or’’ at 

8 the end; 

9 (B) in paragraph (23) by striking the pe10 riod at the end and inserting ‘‘; or’’; and 

11 (C) by adding after paragraph (23) the fol12 lowing new paragraph: 

13 ‘‘(24) if a State is required to implement an 

14 asset verification program under section 1940 and 

15 fails to implement such program in accordance with 

16 such section, with respect to amounts expended by 

17 such State for medical assistance for individuals sub18 ject to asset verification under such section, unless— 

19 ‘‘(A) the State demonstrates to the Sec20 retary’s satisfaction that the State made a good 

21 faith effort to comply; 

22 ‘‘(B) not later than 60 days after the date 

23 of a finding that the State is in noncompliance, 

24 the State submits to the Secretary (and the Sec-
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1 retary approves) a corrective action plan to rem2 edy such noncompliance; and 

3 ‘‘(C) not later than 12 months after the date 

4 of such submission (and approval), the State ful5 fills the terms of such corrective action plan.’’. 

6 (4) REPEAL.—Section 4 of Public Law 110–90 

7 is repealed. 

8 (e) ADJUSTMENT TO PAQI FUND.—Section 1848(l)(2) 

9 of the Social Security Act (42 U.S.C. 1395w-4(l)(2)), as 

10 amended by section 101(a)(2) of the Medicare, Medicaid, 

11 and SCHIP Extension Act of 2007 (Public Law 110–173), 

12 is amended— 

13 (1) in subparagraph (A)(i)— 

14 (A) in subclause (III), by striking 

15 ‘‘$4,960,000,000’’ and inserting 

16 ‘‘$3,940,000,000’’; and 

17 (B) by adding at the end the following new 

18 subclause: 

19 ‘‘(IV) For expenditures during 

20 2014, an amount equal to 

21 $3,750,000,000.’’; 

22 (2) in subparagraph (A)(ii), by adding at the 

23 end the following new subclause: 

24 ‘‘(IV) 2014.—The amount avail25 able for expenditures during 2014 shall 
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1 only be available for an adjustment to 

2 the update of the conversion factor 

3 under subsection (d) for that year.’’; 

4 and 

5 (3) in subparagraph (B)— 

6 (A) in clause (ii), by striking ‘‘and’’ at the 

7 end; 

8 (B) in clause (iii), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following new 

11 clause: 

12 ‘‘(iv) 2014 for payment with respect to 

13 physicians’ services furnished during 

14 2014.’’. 

15 TITLE VI—ACCOUNTABILITY AND 

16 TRANSPARENCY IN GOVERNMENT CONTRACTING 

17 CHAPTER 1—CLOSE THE CONTRACTOR FRAUD 

18 LOOPHOLE 

19 SHORT TITLE

20 SEC. 6101. This chapter may be cited as the ‘‘Close 

21 the Contractor Fraud Loophole Act’’. 

22 REVISION OF THE FEDERAL ACQUISITION REGULATION

23 SEC. 6102. The Federal Acquisition Regulation shall 

24 be amended within 180 days after the date of the enactment 

25 of this Act pursuant to FAR Case 2007–006 (as published 

26 at 72 Fed Reg. 64019, November 14, 2007) or any follow- 
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1 on FAR case to include provisions that require timely noti2 fication by Federal contractors of violations of Federal 

3 criminal law or overpayments in connection with the 

4 award or performance of covered contracts or subcontracts, 

5 including those performed outside the United States and 

6 those for commercial items. 

7 DEFINITION

8 SEC. 6103. In this chapter, the term ‘‘covered contract’’ 

9 means any contract in an amount greater than $5,000,000 

10 and more than 120 days in duration. 

11 CHAPTER 2—GOVERNMENT FUNDING 

12 TRANSPARENCY 

13 SHORT TITLE

14 SEC. 6201. This chapter may be cited as the ‘‘Govern15 ment Funding Transparency Act of 2008’’. 

16 FINANCIAL DISCLOSURE REQUIREMENTS FOR CERTAIN

17 RECIPIENTS OF FEDERAL AWARDS

18 SEC. 6202. (a) DISCLOSURE REQUIREMENTS.—Sec19 tion 2(b)(1) of the Federal Funding Accountability and 

20 Transparency Act (Public Law 109–282; 31 U.S.C. 6101 

21 note) is amended— 

22 (1) by striking ‘‘and’’ at the end of subpara23 graph (E); 

24 (2) by redesignating subparagraph (F) as sub25 paragraph (G); and 
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1 (3) by inserting after subparagraph (E) the fol2 lowing new subparagraph: 

3 ‘‘(F) the names and total compensation of 

4 the five most highly compensated officers of the 

5 entity if— 

6 ‘‘(i) the entity in the preceding fiscal 

7 year received— 

8 ‘‘(I) 80 percent or more of its an9 nual gross revenues in Federal awards; 

10 and 

11 ‘‘(II) $25,000,000 or more in an12 nual gross revenues from Federal 

13 awards; and 

14 ‘‘(ii) the public does not have access to 

15 information about the compensation of the 

16 senior executives of the entity through peri17 odic reports filed under section 13(a) or 

18 15(d) of the Securities Exchange Act of 

19 1934 (15 U.S.C. 78m(a), 78o(d)) or section 

20 6104 of the Internal Revenue Code of 

21 1986.’’. 

22 (b) REGULATIONS REQUIRED.—The Director of the Of23 fice of Management and Budget shall promulgate regula24 tions to implement the amendment made by this chapter. 

25 Such regulations shall include a definition of ‘‘total com-
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1 pensation’’ that is consistent with regulations of the Securi2 ties and Exchange Commission at section 402 of part 229 

3 of title 17 of the Code of Federal Regulations (or any subse4 quent regulation). 

5 TITLE VII—GI BILL FINANCING PROVISION 

6 GI BILL FINANCING PROVISION

7 SEC. 7001. (a) IN GENERAL.—Part I of subchapter A 

8 of chapter 1 of the Internal Revenue Code of 1986 is amend9 ed by inserting after section 1 the following new section: 

10 ‘‘SEC. 1A. INCREASE IN TAX ON HIGH INCOME INDIVIDUALS 

11 TO FINANCE THE GI BILL. 

12 ‘‘(a) GENERAL RULE.—In the case of a taxpayer other 

13 than a corporation, there is hereby imposed (in addition 

14 to any other tax imposed by this subtitle) a tax equal to 

15 0.47 percent of so much of modified adjusted gross income 

16 as exceeds $500,000 ($1,000,000 in the case of a joint return 

17 or a surviving spouse (as defined in section 2(a)). 

18 ‘‘(b) MODIFIED ADJUSTED GROSS INCOME.—For pur19 poses of this section, the term ‘modified adjusted gross in20 come’ means adjusted gross income reduced by any deduc21 tion allowed for investment interest (as defined in section 

22 163(d)). In the case of an estate or trust, a rule similar 

23 to the rule of section 67(e) shall apply for purposes of deter24 mining adjusted gross income for purposes of this section. 
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1 ‘‘(c) NONRESIDENT ALIEN.—In the case of a non2 resident alien individual, only amounts taken into account 

3 in connection with the tax imposed by section 871(b) shall 

4 be taken into account under this section. 

5 ‘‘(d) MARITAL STATUS.—For purposes of this section, 

6 marital status shall be determined under section 7703. 

7 ‘‘(e) NOT TREATED AS TAX IMPOSED BY THIS CHAP8 TER FOR CERTAIN PURPOSES.—The tax imposed under this 

9 section shall not be treated as tax imposed by this chapter 

10 for purposes of determining the amount of any credit under 

11 this chapter or for purposes of section 55.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections for 

13 part I of subchapter A of chapter 1 of such Code is amended 

14 by inserting after the item relating to section 1 the following 

15 new item: 

‘‘Sec. 1A. Increase in tax on high income individuals to finance the GI bill.’’. 

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

17 section shall apply to taxable years beginning after Decem18 ber 31, 2008. 

19 (d) SECTION 15 NOT TO APPLY.—The amendment 

20 made by subsection (a) shall not be treated as a change in 

21 a rate of tax for purposes of section 15 of the Internal Rev22 enue Code of 1986. 
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1 TITLE VIII—GENERAL PROVISIONS 

2 AVAILABILITY OF FUNDS

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 EMERGENCY DESIGNATION

7 SEC. 8002. Each amount in each title of this Act is 

8 designated as an emergency requirement and necessary to 

9 meet emergency needs pursuant to subsections (a) and (b) 

10 of section 204 of S. Con. Res. 21 (110th Congress), the con11 current resolution on the budget for fiscal year 2008. 

12 SHORT TITLE

13 SEC. 8003. This Act may be cited as the ‘‘Supple14 mental Appropriations Act, 2008’’. 

Attest: 

Clerk. 

110TH CONGRESS 

2D SESSION H.R. 2642 

HOUSE AMENDMENTS 

TO SENATE 

AMENDMENT