In the Senate of the United States,

May 22, 2008.

Resolved, That the Senate agree to the amendments of

the House of Representatives to the amendment of the Senate to the bill (H.R. 2642) entitled ‘‘An Act making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending

September 30, 2008, and for other purposes.’’, with the following

SENATE AMENDMENTS TO HOUSE AMENDMENTS TO

SENATE AMENDMENT:

1 Ω1æIn lieu of the language proposed to be inserted, insert

2 the following:
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HR 2642 EAS2

1 TITLE IX

2 DEFENSE MATTERS

3 CHAPTER 1

4 DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR

5 FISCAL YEAR 2008

6 DEPARTMENT OF DEFENSE—MILITARY

7 MILITARY PERSONNEL

8 MILITARY PERSONNEL, ARMY

9 For an additional amount for ‘‘Military Personnel,

10 Army’’, $12,216,715,000.

11 MILITARY PERSONNEL, NAVY

12 For an additional amount for ‘‘Military Personnel,

13 Navy’’, $894,185,000.

14 MILITARY PERSONNEL, MARINE CORPS

15 For an additional amount for ‘‘Military Personnel,

16 Marine Corps’’, $1,826,688,000.

17 MILITARY PERSONNEL, AIR FORCE

18 For an additional amount for ‘‘Military Personnel,

19 Air Force’’, $1,355,544,000.

20 RESERVE PERSONNEL, ARMY

21 For an additional amount for ‘‘Reserve Personnel,

22 Army’’, $304,200,000.

23 RESERVE PERSONNEL, NAVY

24 For an additional amount for ‘‘Reserve Personnel,

25 Navy’’, $72,800,000.
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1 RESERVE PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Reserve Personnel, Ma3 rine Corps’’, $16,720,000.

4 RESERVE PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘Reserve Personnel, Air

6 Force’’, $5,000,000.

7 NATIONAL GUARD PERSONNEL, ARMY

8 For an additional amount for ‘‘National Guard Per9 sonnel, Army’’, $1,369,747,000.

10 NATIONAL GUARD PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘National Guard Per12 sonnel, Air Force’’, $4,000,000.

13 OPERATION AND MAINTENANCE

14 OPERATION AND MAINTENANCE, ARMY

15 For an additional amount for ‘‘Operation and Mainte16 nance, Army’’, $17,223,512,000.

17 OPERATION AND MAINTENANCE, NAVY

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Operation and Mainte20 nance, Navy’’, $2,977,864,000: Provided, That up to

21 $112,607,000 shall be transferred to the Coast Guard ‘‘Op22 erating Expenses’’ account.

23 OPERATION AND MAINTENANCE, MARINE CORPS

24 For an additional amount for ‘‘Operation and Mainte25 nance, Marine Corps’’, $159,900,000.
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1 OPERATION AND MAINTENANCE, AIR FORCE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Air Force’’, $5,972,520,000.

4 OPERATION AND MAINTENANCE, DEFENSE-WIDE

5 For an additional amount for ‘‘Operation and Mainte6 nance, Defense-Wide’’, $3,657,562,000, of which—

7 (1) not to exceed $25,000,000 may be used for the

8 Combatant Commander Initiative Fund, to be used in

9 support of Operation Iraqi Freedom and Operation

10 Enduring Freedom;

11 (2) not to exceed $800,000,000, to remain avail12 able until expended, may be used for payments to re13 imburse key cooperating nations, for logistical, mili14 tary, and other support provided to United States

15 military operations, notwithstanding any other provi16 sion of law: Provided, That these funds may be used

17 for the purpose of providing specialized training and

18 procuring supplies and specialized equipment and

19 providing such supplies and loaning such equipment

20 on a non-reimbursable basis to coalition forces sup21 porting United States military operations in Iraq

22 and Afghanistan: Provided further, That such pay23 ments may be made in such amounts as the Secretary

24 of Defense, with the concurrence of the Secretary of

25 State, and in consultation with the Director of the Of-
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1 fice of Management and Budget, may determine, in

2 his discretion, based on documentation determined by

3 the Secretary of Defense to adequately account for the

4 support provided, and such determination is final

5 and conclusive upon the accounting officers of the

6 United States, and 15 days following notification to

7 the appropriate congressional committees: Provided

8 further, That the Secretary of Defense shall provide

9 quarterly reports to the congressional defense commit10 tees on the use of funds provided in this paragraph:

11 Provided further, That of the amount available under

12 this heading for the Defense Contract Management

13 Agency, $52,000,000 shall remain available until

14 September 30, 2009.

15 OPERATION AND MAINTENANCE, ARMY RESERVE

16 For an additional amount for ‘‘Operation and Mainte17 nance, Army Reserve’’, $164,839,000.

18 OPERATION AND MAINTENANCE, NAVY RESERVE

19 For an additional amount for ‘‘Operation and Mainte20 nance, Navy Reserve’’, $109,876,000.

21 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

22 For an additional amount for ‘‘Operation and Mainte23 nance, Marine Corps Reserve’’, $70,256,000.
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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Air Force Reserve’’, $165,994,000.

4 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

5 For an additional amount for ‘‘Operation and Mainte6 nance, Army National Guard’’, $685,644,000.

7 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

8 For an additional amount for ‘‘Operation and Mainte9 nance, Air National Guard’’, $287,369,000.

10 IRAQ FREEDOM FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For an additional amount for ‘‘Iraq Freedom Fund’’,

13 $50,000,000, to remain available for transfer until Sep14 tember 30, 2009, notwithstanding any other provision of

15 law, only for the redevelopment of the Iraqi industrial sector

16 by identifying, and providing assistance to, factories and

17 other industrial facilities that are best situated to resume

18 operations quickly and reemploy the Iraqi workforce: Pro19 vided, That the Secretary of Defense shall, not fewer than

20 15 days prior to making transfers from this appropriation,

21 notify the congressional defense committees in writing of

22 the details of any such transfer.
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1 AFGHANISTAN SECURITY FORCES FUND

2 For an additional amount for the ‘‘Afghanistan Secu3 rity Forces Fund’’, $1,400,000,000, to remain available

4 until September 30, 2009.

5 IRAQ SECURITY FORCES FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for the ‘‘Iraq Security

8 Forces Fund’’, $1,500,000,000, to remain available until

9 September 30, 2009: Provided, That such funds shall be

10 available to the Secretary of Defense, notwithstanding any

11 other provision of law, for the purpose of allowing the Com12 mander, Multi-National Security Transition Command—

13 Iraq, or the Secretary’s designee, to provide assistance, with

14 the concurrence of the Secretary of State, to the security

15 forces of Iraq, including the provision of equipment, sup16 plies, services, training, facility and infrastructure repair,

17 renovation, and construction, and funding: Provided fur18 ther, That none of the assistance provided under this head19 ing in the form of funds may be utilized for the provision

20 of salaries, wages, or bonuses to personnel of the Iraqi Secu21 rity Forces: Provided further, That the authority to provide

22 assistance under this heading is in addition to any other

23 authority to provide assistance to foreign nations: Provided

24 further, That the Secretary of Defense may transfer such

25 funds to appropriations for military personnel; operation
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1 and maintenance; Overseas Humanitarian, Disaster, and

2 Civic Aid; procurement; research, development, test and

3 evaluation; and defense working capital funds to accom4 plish the purposes provided herein: Provided further, That

5 this transfer authority is in addition to any other transfer

6 authority available to the Department of Defense: Provided

7 further, That upon a determination that all or part of the

8 funds so transferred from this appropriation are not nec9 essary for the purposes provided herein, such amounts may

10 be transferred back to this appropriation: Provided further,

11 That contributions of funds for the purposes provided herein

12 from any person, foreign government, or international orga13 nization may be credited to this Fund, and used for such

14 purposes: Provided further, That the Secretary shall notify

15 the congressional defense committees in writing upon the

16 receipt and upon the transfer of any contribution delin17 eating the sources and amounts of the funds received and

18 the specific use of such contributions: Provided further, That

19 the Secretary of Defense shall, not fewer than 15 days prior

20 to making transfers from this appropriation account, notify

21 the congressional defense committees in writing of the de22 tails of any such transfer: Provided further, That the Sec23 retary shall submit a report no later than 30 days after

24 the end of each fiscal quarter to the congressional defense
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1 committees summarizing the details of the transfer of funds

2 from this appropriation.

3 PROCUREMENT

4 AIRCRAFT PROCUREMENT, ARMY

5 For an additional amount for ‘‘Aircraft Procurement,

6 Army’’, $954,111,000, to remain available for obligation

7 until September 30, 2010.

8 MISSILE PROCUREMENT, ARMY

9 For an additional amount for ‘‘Missile Procurement,

10 Army’’, $561,656,000, to remain available for obligation

11 until September 30, 2010.

12 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

13 VEHICLES, ARMY

14 For an additional amount for ‘‘Procurement of Weap15 ons and Tracked Combat Vehicles, Army’’, $5,463,471,000,

16 to remain available for obligation until September 30,

17 2010.

18 PROCUREMENT OF AMMUNITION, ARMY

19 For an additional amount for ‘‘Procurement of Am20 munition, Army’’, $344,900,000, to remain available for ob21 ligation until September 30, 2010.

22 OTHER PROCUREMENT, ARMY

23 For an additional amount for ‘‘Other Procurement,

24 Army’’, $16,337,340,000, to remain available for obligation

25 until September 30, 2010.
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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement,

3 Navy’’, $3,563,254,000, to remain available for obligation

4 until September 30, 2010.

5 WEAPONS PROCUREMENT, NAVY

6 For an additional amount for ‘‘Weapons Procurement,

7 Navy’’, $317,456,000, to remain available for obligation

8 until September 30, 2010.

9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

10 CORPS

11 For an additional amount for ‘‘Procurement of Am12 munition, Navy and Marine Corps’’, $304,945,000, to re13 main available for obligation until September 30, 2010.

14 OTHER PROCUREMENT, NAVY

15 For an additional amount for ‘‘Other Procurement,

16 Navy’’, $1,399,135,000, to remain available for obligation

17 until September 30, 2010.

18 PROCUREMENT, MARINE CORPS

19 For an additional amount for ‘‘Procurement, Marine

20 Corps’’, $2,197,390,000, to remain available for obligation

21 until September 30, 2010.

22 AIRCRAFT PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Aircraft Procurement,

24 Air Force’’, $7,103,923,000, to remain available for obliga25 tion until September 30, 2010.
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1 MISSILE PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Missile Procurement,

3 Air Force’’, $66,943,000, to remain available for obligation

4 until September 30, 2010.

5 PROCUREMENT OF AMMUNITION, AIR FORCE

6 For an additional amount for ‘‘Procurement of Am7 munition, Air Force’’, $205,455,000, to remain available

8 for obligation until September 30, 2010.

9 OTHER PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Other Procurement,

11 Air Force’’, $1,953,167,000, to remain available for obliga12 tion until September 30, 2010.

13 PROCUREMENT, DEFENSE-WIDE

14 For an additional amount for ‘‘Procurement, Defense15 Wide’’, $408,209,000, to remain available for obligation

16 until September 30, 2010.

17 NATIONAL GUARD AND RESERVE EQUIPMENT

18 For an additional amount for ‘‘National Guard and

19 Reserve Equipment’’, $825,000,000, to remain available for

20 obligation until September 30, 2010: Provided, That the

21 Chiefs of the National Guard and Reserve components shall,

22 prior to the expenditure of funds, and not later than 30

23 days after the enactment of this Act, individually submit

24 to the congressional defense committees an equipment mod25 ernization priority assessment with a detailed plan for the
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1 expenditure of funds for their respective National Guard

2 and Reserve components.

3 RESEARCH, DEVELOPMENT, TEST AND

4 EVALUATION

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

6 For an additional amount for ‘‘Research, Develop7 ment, Test and Evaluation, Army’’, $162,958,000, to re8 main available until September 30, 2009.

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

10 For an additional amount for ‘‘Research, Develop11 ment, Test and Evaluation, Navy’’, $366,110,000, to re12 main available until September 30, 2009.

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

14 FORCE

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Air Force’’, $399,817,000, to

17 remain available until September 30, 2009.

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

19 DEFENSE-WIDE

20 For an additional amount for ‘‘Research, Develop21 ment, Test and Evaluation, Defense-Wide’’, $816,598,000,

22 to remain available until September 30, 2009.
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1 REVOLVING AND MANAGEMENT FUNDS

2 DEFENSE WORKING CAPITAL FUNDS

3 For an additional amount for ‘‘Defense Working Cap4 ital Funds’’, $1,837,450,000, to remain available for obliga5 tion until expended.

6 NATIONAL DEFENSE SEALIFT FUND

7 For an additional amount for ‘‘National Defense Sea8 lift Fund’’, $5,110,000, to remain available for obligation

9 until expended.

10 OTHER DEPARTMENT OF DEFENSE PROGRAMS

11 DEFENSE HEALTH PROGRAM

12 For an additional amount for ‘‘Defense Health Pro13 gram’’, $1,413,864,000, of which $957,064,000 shall be for

14 operation and maintenance; of which $91,900,000 is for

15 procurement, to remain available until September 30, 2010;

16 of which $364,900,000 shall be for research, development,

17 test and evaluation, to remain available until September

18 30, 2009: Provided, That in addition to amounts otherwise

19 contained in this paragraph, $75,000,000 is hereby appro20 priated to the ‘‘Defense Health Program’’ for operation and

21 maintenance for psychological health and traumatic brain

22 injury, to remain available until September 30, 2009.
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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Drug Interdiction and

5 Counter-Drug Activities, Defense’’, $65,317,000, to remain

6 available until September 30, 2009.

7 OFFICE OF THE INSPECTOR GENERAL

8 For an additional amount for ‘‘Office of the Inspector

9 General’’, $6,394,000, of which $2,000,000 shall be for re10 search, development, test and evaluation, to remain avail11 able until September 30, 2009.

12 GENERAL PROVISIONS—THIS CHAPTER

13 SEC. 9101. Appropriations provided in this chapter

14 are available for obligation until September 30, 2008, un15 less otherwise provided in this chapter.

16 SEC. 9102. Notwithstanding any other provision of

17 law, funds made available in this chapter are in addition

18 to amounts appropriated or otherwise made available for

19 the Department of Defense for fiscal year 2008.

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 9103. Upon the determination of the Secretary

22 of Defense that such action is necessary in the national in23 terest, the Secretary may transfer between appropriations

24 up to $2,500,000,000 of the funds made available to the De25 partment of Defense in this chapter: Provided, That the Sec26 retary shall notify the Congress promptly of each transfer
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1 made pursuant to the authority in this section: Provided

2 further, That the authority provided in this section is in

3 addition to any other transfer authority available to the

4 Department of Defense and is subject to the same terms and

5 conditions as the authority provided in section 8005 of Pub6 lic Law 110–116, except for the fourth proviso.

7 SEC. 9104. (a) From funds made available for oper8 ation and maintenance in this chapter to the Department

9 of Defense, not to exceed $1,226,841,000 may be used, not10 withstanding any other provision of law, to fund the Com11 mander’s Emergency Response Program, for the purpose of

12 enabling military commanders in Iraq, Afghanistan, and

13 the Philippines to respond to urgent humanitarian relief

14 and reconstruction requirements within their areas of re15 sponsibility by carrying out programs that will imme16 diately assist the Iraqi, Afghan, and Filipino people.

17 (b) Not later than 15 days after the end of each fiscal

18 year quarter, the Secretary of Defense shall submit to the

19 congressional defense committees a report regarding the

20 source of funds and the allocation and use of funds during

21 that quarter that were made available pursuant to the au22 thority provided in this section or under any other provi23 sion of law for the purposes of the programs under sub24 section (a).
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 9105. During fiscal year 2008, the Secretary of

3 Defense may transfer not to exceed $6,500,000 of the

4 amounts in or credited to the Defense Cooperation Account,

5 pursuant to 10 U.S.C. 2608, to such appropriations or

6 funds of the Department of Defense as the Secretary shall

7 determine for use consistent with the purposes for which

8 such funds were contributed and accepted: Provided, That

9 such amounts shall be available for the same time period

10 as the appropriation to which transferred: Provided further,

11 That the Secretary shall report to the Congress all transfers

12 made pursuant to this authority.

13 SEC. 9106. Of the amount appropriated by this chap14 ter under the heading ‘‘Drug Interdiction and Counter15 Drug Activities, Defense’’, not to exceed $20,000,000 may

16 be used for the provision of support for counter-drug activi17 ties of the Governments of Afghanistan, Kazakhstan,

18 Kyrgyzstan, Pakistan, Tajikistan, and Turkmenistan, as

19 specified in section 1033 of the National Defense Authoriza20 tion Act for Fiscal Year 1998 (Public Law 105–85, as

21 amended by Public Laws 106–398, 108–136, 109–364, and

22 110–181): Provided, That such support shall be in addition

23 to support provided under any other provision of the law.

24 SEC. 9107. Amounts provided in this chapter for oper25 ations in Iraq and Afghanistan may be used by the Depart-
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1 ment of Defense for the purchase of up to 20 heavy and

2 light armored vehicles for force protection purposes, not3 withstanding price or other limitations specified elsewhere

4 in the Department of Defense Appropriations Act, 2008

5 (Public Law 110–116), or any other provision of law: Pro6 vided, That notwithstanding any other provision of law,

7 funds provided in Public Law 110–116 and Public Law

8 110–161 under the heading ‘‘Other Procurement, Navy’’

9 may be used for the purchase of 21 vehicles required for

10 physical security of personnel, notwithstanding price limi11 tations applicable to passenger vehicles but not to exceed

12 $255,000 per vehicle: Provided further, That the Secretary

13 of Defense shall submit a report in writing no later than

14 30 days after the end of each fiscal quarter notifying the

15 congressional defense committees of any purchase described

16 in this section, including cost, purposes, and quantities of

17 vehicles purchased.

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 9108. Section 8122(c) of Public Law 110–116 is

20 amended by adding at the end the following:

21 ‘‘(4) Upon a determination that all or part of

22 the funds transferred under paragraph (1) are not

23 necessary to accomplish the purposes specified in sub24 section (b), such amounts may be transferred back to

25 the ‘Mine Resistant Ambush Protected Vehicle

26 Fund’.’’.
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1 SEC. 9109. Notwithstanding any other provision of

2 law, not to exceed $150,000,000 of funds made available in

3 this chapter may be obligated to conduct or support a pro4 gram to build the capacity of a foreign country’s national

5 military forces in order for that country to conduct

6 counterterrorist operations or participate in or support

7 military and stability operations in which the U.S. Armed

8 Forces are a participant: Provided, That funds available

9 pursuant to the authority in this section shall be subject

10 to the same restrictions, limitations, and reporting require11 ments as funds available pursuant to section 1206 of Public

12 Law 109–163 as amended.

13 CHAPTER 2

14 DEFENSE BRIDGE FUND APPROPRIATIONS FOR

15 FISCAL YEAR 2009

16 DEPARTMENT OF DEFENSE—MILITARY

17 MILITARY PERSONNEL

18 MILITARY PERSONNEL, ARMY

19 For an additional amount for ‘‘Military Personnel,

20 Army’’, $839,000,000.

21 MILITARY PERSONNEL, NAVY

22 For an additional amount for ‘‘Military Personnel,

23 Navy’’, $75,000,000.
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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel,

3 Marine Corps’’, $55,000,000.

4 MILITARY PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘Military Personnel,

6 Air Force’’, $75,000,000.

7 NATIONAL GUARD PERSONNEL, ARMY

8 For an additional amount for ‘‘National Guard Per9 sonnel, Army’’, $150,000,000.

10 OPERATION AND MAINTENANCE

11 OPERATION AND MAINTENANCE, ARMY

12 For an additional amount for ‘‘Operation and Mainte13 nance, Army’’, $37,300,000,000.

14 OPERATION AND MAINTENANCE, NAVY

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Operation and Mainte17 nance, Navy’’, $3,500,000,000: Provided, That up to

18 $112,000,000 shall be transferred to the Coast Guard ‘‘Op19 erating Expenses’’ account.

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 For an additional amount for ‘‘Operation and Mainte22 nance, Marine Corps’’, $2,900,000,000.

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Mainte25 nance, Air Force’’, $5,000,000,000.
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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Defense-Wide’’, $2,648,569,000, of which not to ex4 ceed $200,000,000, to remain available until expended, may

5 be used for payments to reimburse key cooperating nations,

6 for logistical, military, and other support provided to

7 United States military operations, notwithstanding any

8 other provision of law: Provided, That these funds may be

9 used for the purpose of providing specialized training and

10 procuring supplies and specialized equipment and pro11 viding such supplies and loaning such equipment on a non12 reimbursable basis to coalition forces supporting United

13 States military operations in Iraq and Afghanistan: Pro14 vided further, That such payments may be made in such

15 amounts as the Secretary of Defense, with the concurrence

16 of the Secretary of State, and in consultation with the Di17 rector of the Office of Management and Budget, may deter18 mine, in his discretion, based on documentation determined

19 by the Secretary of Defense to adequately account for the

20 support provided, and such determination is final and con21 clusive upon the accounting officers of the United States,

22 and 15 days following notification to the appropriate con23 gressional committees: Provided further, That the Secretary

24 of Defense shall provide quarterly reports to the congres-
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1 sional defense committees on the use of funds provided in

2 this paragraph.

3 OPERATION AND MAINTENANCE, ARMY RESERVE

4 For an additional amount for ‘‘Operation and Mainte5 nance, Army Reserve’’, $79,291,000.

6 OPERATION AND MAINTENANCE, NAVY RESERVE

7 For an additional amount for ‘‘Operation and Mainte8 nance, Navy Reserve’’, $42,490,000.

9 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

10 For an additional amount for ‘‘Operation and Mainte11 nance, Marine Corps Reserve’’, $47,076,000.

12 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

13 For an additional amount for ‘‘Operation and Mainte14 nance, Air Force Reserve’’, $12,376,000.

15 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

16 For an additional amount for ‘‘Operation and Mainte17 nance, Army National Guard’’, $333,540,000.

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For an additional amount for ‘‘Operation and Mainte20 nance, Air National Guard’’, $52,667,000.

21 AFGHANISTAN SECURITY FORCES FUND

22 For an additional amount for the ‘‘Afghanistan Secu23 rity Forces Fund’’, $2,000,000,000, to remain available

24 until September 30, 2009.
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1 IRAQ SECURITY FORCES FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Iraq Security Forces Fund’’, $1,000,000,000,

4 to remain available until September 30, 2009: Provided,

5 That such funds shall be available to the Secretary of De6 fense, notwithstanding any other provision of law, for the

7 purpose of allowing the Commander, Multi-National Secu8 rity Transition Command—Iraq, or the Secretary’s des9 ignee, to provide assistance, with the concurrence of the Sec10 retary of State, to the security forces of Iraq, including the

11 provision of equipment, supplies, services, training, facility

12 and infrastructure repair, renovation, and construction,

13 and funding: Provided further, That none of the assistance

14 provided under this heading in the form of funds may be

15 utilized for the provision of salaries, wages, or bonuses to

16 personnel of the Iraqi Security Forces: Provided further,

17 That the authority to provide assistance under this heading

18 is in addition to any other authority to provide assistance

19 to foreign nations: Provided further, That the Secretary of

20 Defense may transfer such funds to appropriations for mili21 tary personnel; operation and maintenance; Overseas Hu22 manitarian, Disaster, and Civic Aid; procurement; re23 search, development, test and evaluation; and defense work24 ing capital funds to accomplish the purposes provided here25 in: Provided further, That this transfer authority is in ad-
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1 dition to any other transfer authority available to the De2 partment of Defense: Provided further, That upon a deter3 mination that all or part of the funds so transferred from

4 this appropriation are not necessary for the purposes pro5 vided herein, such amounts may be transferred back to this

6 appropriation: Provided further, That contributions of

7 funds for the purposes provided herein from any person,

8 foreign government, or international organization may be

9 credited to this Fund, and used for such purposes: Provided

10 further, That the Secretary shall notify the congressional

11 defense committees in writing upon the receipt and upon

12 the transfer of any contribution delineating the sources and

13 amounts of the funds received and the specific use of such

14 contributions: Provided further, That the Secretary of De15 fense shall, not fewer than 15 days prior to making trans16 fers from this appropriation account, notify the congres17 sional defense committees in writing of the details of any

18 such transfer: Provided further, That the Secretary shall

19 submit a report no later than 30 days after the end of each

20 fiscal quarter to the congressional defense committees sum21 marizing the details of the transfer of funds from this ap22 propriation.
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1 PROCUREMENT

2 AIRCRAFT PROCUREMENT, ARMY

3 For an additional amount for ‘‘Aircraft Procurement,

4 Army’’, $84,000,000, to remain available for obligation

5 until September 30, 2011.

6 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

7 VEHICLES, ARMY

8 For an additional amount for ‘‘Procurement of Weap9 ons and Tracked Combat Vehicles, Army’’, $822,674,000, to

10 remain available for obligation until September 30, 2011.

11 PROCUREMENT OF AMMUNITION, ARMY

12 For an additional amount for ‘‘Procurement of Am13 munition, Army’’, $46,500,000, to remain available for ob14 ligation until September 30, 2011.

15 OTHER PROCUREMENT, ARMY

16 For an additional amount for ‘‘Other Procurement,

17 Army’’, $1,009,050,000, to remain available for obligation

18 until September 30, 2011.

19 OTHER PROCUREMENT, NAVY

20 For an additional amount for ‘‘Other Procurement,

21 Navy’’, $27,948,000, to remain available for obligation

22 until September 30, 2011.
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1 PROCUREMENT, MARINE CORPS

2 For an additional amount for ‘‘Procurement, Marine

3 Corps’’, $565,425,000, to remain available for obligation

4 until September 30, 2011.

5 AIRCRAFT PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Aircraft Procurement,

7 Air Force’’, $201,842,000, to remain available for obliga8 tion until September 30, 2011.

9 OTHER PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Other Procurement,

11 Air Force’’, $1,500,644,000, to remain available for obliga12 tion until September 30, 2011.

13 PROCUREMENT, DEFENSE-WIDE

14 For an additional amount for ‘‘Procurement, Defense15 Wide’’, $177,237,000, to remain available for obligation

16 until September 30, 2011.

17 RESEARCH, DEVELOPMENT, TEST AND

18 EVALUATION

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

20 For an additional amount for ‘‘Research, Develop21 ment, Test and Evaluation, Navy’’, $113,228,000, to re22 main available until September 30, 2010.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

2 FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’, $72,041,000, to re5 main available until September 30, 2010.

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

7 DEFENSE-WIDE

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Defense-Wide’’, $202,559,000,

10 to remain available until September 30, 2010.

11 OTHER DEPARTMENT OF DEFENSE PROGRAMS

12 DEFENSE HEALTH PROGRAM

13 For an additional amount for ‘‘Defense Health Pro14 gram’’, $1,100,000,000 for operation and maintenance.

15 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

16 DEFENSE

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘Drug Interdiction and

19 Counter-Drug Activities, Defense’’, $188,000,000.

20 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For an additional amount for ‘‘Joint Improvised Ex23 plosive Device Defeat Fund’’, $2,000,000,000, to remain

24 available until September 30, 2011: Provided, That such

25 funds shall be available to the Secretary of Defense, notwith-
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1 standing any other provision of law, for the purpose of al2 lowing the Director of the Joint Improvised Explosive De3 vice Defeat Organization to investigate, develop and provide

4 equipment, supplies, services, training, facilities, personnel

5 and funds to assist United States forces in the defeat of

6 improvised explosive devices: Provided further, That within

7 60 days of the enactment of this Act, a plan for the intended

8 management and use of the amounts provided under this

9 heading shall be submitted to the congressional defense com10 mittees: Provided further, That the Secretary of Defense

11 shall submit a report not later than 60 days after the end

12 of each fiscal quarter to the congressional defense commit13 tees providing assessments of the evolving threats, indi14 vidual service requirements to counter the threats, the cur15 rent strategy for predeployment training of members of the

16 Armed Forces on improvised explosive devices, and details

17 on the execution of the Fund: Provided further, That the

18 Secretary of Defense may transfer funds provided herein to

19 appropriations for operation and maintenance; procure20 ment; research, development, test and evaluation; and de21 fense working capital funds to accomplish the purpose pro22 vided herein: Provided further, That this transfer authority

23 is in addition to any other transfer authority available to

24 the Department of Defense: Provided further, That the Sec25 retary of Defense shall, not fewer than 15 days prior to
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1 making transfers from this appropriation, notify the con2 gressional defense committees in writing of the details of

3 any such transfer.

4 GENERAL PROVISIONS—THIS CHAPTER

5 SEC. 9201. Appropriations provided in this chapter

6 are not available for obligation until October 1, 2008.

7 SEC. 9202. Appropriations provided in this chapter

8 are available for obligation until September 30, 2009, un9 less otherwise provided in this chapter.

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 9203. Upon the determination of the Secretary

12 of Defense that such action is necessary in the national in13 terest, the Secretary may transfer between appropriations

14 up to $4,000,000,000 of the funds made available to the De15 partment of Defense in this chapter: Provided, That the Sec16 retary shall notify the Congress promptly of each transfer

17 made pursuant to the authority in this section: Provided

18 further, That the authority provided in this section is in

19 addition to any other transfer authority available to the

20 Department of Defense and is subject to the same terms and

21 conditions as the authority provided in section 8005 of Pub22 lic Law 110–116, except for the fourth proviso.

23 SEC. 9204. (a) Not later than December 5, 2008 and

24 every 90 days thereafter through the end of fiscal year 2009,

25 the Secretary of Defense shall set forth in a report to Con26 gress a comprehensive set of performance indicators and
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1 measures for progress toward military and political sta2 bility in Iraq.

3 (b) The report shall include performance standards

4 and goals for security, economic, and security force training

5 objectives in Iraq together with a notional timetable for

6 achieving these goals.

7 (c) In specific, the report requires, at a minimum, the

8 following:

9 (1) With respect to stability and security in

10 Iraq, the following:

11 (A) Key measures of political stability, in12 cluding the important political milestones that

13 must be achieved over the next several years.

14 (B) The primary indicators of a stable secu15 rity environment in Iraq, such as number of en16 gagements per day, numbers of trained Iraqi

17 forces, trends relating to numbers and types of

18 ethnic and religious-based hostile encounters, and

19 progress made in the transition of responsibility

20 for the security of Iraqi provinces to the Iraqi

21 Security Forces under the Provincial Iraqi Con22 trol (PIC) process.

23 (C) An assessment of the estimated strength

24 of the insurgency in Iraq and the extent to which

25 it is composed of non-Iraqi fighters.
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1 (D) A description of all militias operating

2 in Iraq, including the number, size, equipment

3 strength, military effectiveness, sources of sup4 port, legal status, and efforts to disarm or re5 integrate each militia.

6 (E) Key indicators of economic activity that

7 should be considered the most important for de8 termining the prospects of stability in Iraq,

9 including—

10 (i) unemployment levels;

11 (ii) electricity, water, and oil produc12 tion rates; and

13 (iii) hunger and poverty levels.

14 (F) The most recent annual budget for the

15 Government of Iraq, including a description of

16 amounts budgeted for support of Iraqi security

17 and police forces and an assessment of how

18 planned funding will impact the training, equip19 ping and overall readiness of those forces.

20 (G) The criteria the Administration will

21 use to determine when it is safe to begin with22 drawing United States forces from Iraq.

23 (2) With respect to the training and performance

24 of security forces in Iraq, the following:
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1 (A) The training provided Iraqi military

2 and other Ministry of Defense forces and the

3 equipment used by such forces.

4 (B) Key criteria for assessing the capabili5 ties and readiness of the Iraqi military and

6 other Ministry of Defense forces, goals for achiev7 ing certain capability and readiness levels (as

8 well as for recruiting, training, and equipping

9 these forces), and the milestones and notional

10 timetable for achieving these goals.

11 (C) The operational readiness status of the

12 Iraqi military forces, including the type, num13 ber, size, and organizational structure of Iraq

14 battalions that are—

15 (i) capable of conducting

16 counterinsurgency operations independently

17 without any support from Coalition Forces;

18 (ii) capable of conducting

19 counterinsurgency operations with the sup20 port of United States or coalition forces; or

21 (iii) not ready to conduct

22 counterinsurgency operations.

23 (D) The amount and type of support pro24 vided by Coalition Forces to the Iraqi Security

25 Forces at each level of operational readiness.
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1 (E) The number of Iraqi battalions in the

2 Iraqi Army currently conducting operations and

3 the type of operations being conducted.

4 (F) The rates of absenteeism in the Iraqi

5 military forces and the extent to which insur6 gents have infiltrated such forces.

7 (G) The training provided Iraqi police and

8 other Ministry of Interior forces and the equip9 ment used by such forces.

10 (H) The level and effectiveness of the Iraqi

11 Security Forces under the Ministry of Defense in

12 provinces where the United States has formally

13 transferred responsibility for the security of the

14 province to the Iraqi Security Forces under the

15 Provincial Iraqi Control (PIC) process.

16 (I) Key criteria for assessing the capabili17 ties and readiness of the Iraqi police and other

18 Ministry of Interior forces, goals for achieving

19 certain capability and readiness levels (as well

20 as for recruiting, training, and equipping), and

21 the milestones and notional timetable for achiev22 ing these goals, including—

23 (i) the number of police recruits that

24 have received classroom training and the

25 duration of such instruction;
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1 (ii) the number of veteran police offi2 cers who have received classroom instruction

3 and the duration of such instruction;

4 (iii) the number of police candidates

5 screened by the Iraqi Police Screening Serv6 ice, the number of candidates derived from

7 other entry procedures, and the success rates

8 of those groups of candidates;

9 (iv) the number of Iraqi police forces

10 who have received field training by inter11 national police trainers and the duration of

12 such instruction;

13 (v) attrition rates and measures of ab14 senteeism and infiltration by insurgents;

15 and

16 (vi) the level and effectiveness of the

17 Iraqi Police and other Ministry of Interior

18 Forces in provinces where the United States

19 has formally transferred responsibility for

20 the security of the province to the Iraqi Se21 curity Forces under the Provincial Iraqi

22 Control (PIC) process.

23 (J) The estimated total number of Iraqi bat24 talions needed for the Iraqi security forces to

25 perform duties now being undertaken by coali-
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1 tion forces, including defending the borders of

2 Iraq and providing adequate levels of law and

3 order throughout Iraq.

4 (K) The effectiveness of the Iraqi military

5 and police officer cadres and the chain of com6 mand.

7 (L) The number of United States and coali8 tion advisors needed to support the Iraqi secu9 rity forces and associated ministries.

10 (M) An assessment, in a classified annex if

11 necessary, of United States military require12 ments, including planned force rotations,

13 through the end of calendar year 2009.

14 SEC. 9205. (a) REPORT BY SECRETARY OF DE15 FENSE.—Not later than 30 days after the date of the enact16 ment of this Act, the Secretary of Defense shall submit to

17 the congressional defense committees a report that contains

18 individual transition readiness assessments by unit of Iraq

19 and Afghan security forces. The Secretary of Defense shall

20 submit to the congressional defense committees updates of

21 the report required by this subsection every 90 days after

22 the date of the submission of the report until October 1,

23 2009. The report and updates of the report required by this

24 subsection shall be submitted in classified form.

25 (b) REPORT BY OMB.—
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1 (1) The Director of the Office of Management

2 and Budget, in consultation with the Secretary of De3 fense; the Commander, Multi-National Security Tran4 sition Command—Iraq; and the Commander, Com5 bined Security Transition Command—Afghanistan,

6 shall submit to the congressional defense committees

7 not later than 120 days after the date of the enact8 ment of this Act and every 90 days thereafter a report

9 on the proposed use of all funds under each of the

10 headings ‘‘Iraq Security Forces Fund’’ and ‘‘Afghani11 stan Security Forces Fund’’ on a project-by-project

12 basis, for which the obligation of funds is anticipated

13 during the 3-month period from such date, including

14 estimates by the commanders referred to in this para15 graph of the costs required to complete each such

16 project.

17 (2) The report required by this subsection shall

18 include the following:

19 (A) The use of all funds on a project-by20 project basis for which funds appropriated under

21 the headings referred to in paragraph (1) were

22 obligated prior to the submission of the report,

23 including estimates by the commanders referred

24 to in paragraph (1) of the costs to complete each

25 project.
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1 (B) The use of all funds on a project-by2 project basis for which funds were appropriated

3 under the headings referred to in paragraph (1)

4 in prior appropriations Acts, or for which funds

5 were made available by transfer, reprogram6 ming, or allocation from other headings in prior

7 appropriations Acts, including estimates by the

8 commanders referred to in paragraph (1) of the

9 costs to complete each project.

10 (C) An estimated total cost to train and

11 equip the Iraq and Afghan security forces,

12 disaggregated by major program and sub-ele13 ments by force, arrayed by fiscal year.

14 (c) NOTIFICATION.—The Secretary of Defense shall no15 tify the congressional defense committees of any proposed

16 new projects or transfers of funds between sub-activity

17 groups in excess of $15,000,000 using funds appropriated

18 by this Act under the headings ‘‘Iraq Security Forces

19 Fund’’ and ‘‘Afghanistan Security Forces Fund’’.

20 SEC. 9206. Funds available to the Department of De21 fense for operation and maintenance provided in this chap22 ter may be used, notwithstanding any other provision of

23 law, to provide supplies, services, transportation, including

24 airlift and sealift, and other logistical support to coalition

25 forces supporting military and stability operations in Iraq
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1 and Afghanistan: Provided, That the Secretary of Defense

2 shall provide quarterly reports to the congressional defense

3 committees regarding support provided under this section.

4 SEC. 9207. Supervision and administration costs asso5 ciated with a construction project funded with appropria6 tions available for operation and maintenance, ‘‘Afghani7 stan Security Forces Fund’’ or ‘‘Iraq Security Forces

8 Fund’’ provided in this chapter, and executed in direct sup9 port of the Global War on Terrorism only in Iraq and Af10 ghanistan, may be obligated at the time a construction con11 tract is awarded: Provided, That for the purpose of this sec12 tion, supervision and administration costs include all in13 house Government costs.

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 9208. (a) Notwithstanding any other provision

16 of law, and in addition to amounts otherwise made avail17 able by this Act, there is appropriated $1,700,000,000 for

18 the ‘‘Mine Resistant Ambush Protected Vehicle Fund’’, to

19 remain available until September 30, 2009.

20 (b) The funds provided by subsection (a) shall be avail21 able to the Secretary of Defense to continue technological

22 research and development and upgrades, to procure Mine

23 Resistant Ambush Protected vehicles and associated support

24 equipment, and to sustain, transport, and field Mine Re25 sistant Ambush Protected vehicles.
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1 (c)(1) The Secretary of Defense shall transfer funds

2 provided by subsection (a) to appropriations for operation

3 and maintenance; procurement; and research, development,

4 test and evaluation to accomplish the purposes specified in

5 subsection (b). Such transferred funds shall be merged with

6 and be available for the same purposes and for the same

7 time period as the appropriation to which they are trans8 ferred.

9 (2) The transfer authority provided by this subsection

10 shall be in addition to any other transfer authority avail11 able to the Department of Defense.

12 (3) The Secretary of Defense shall, not less than 15

13 days prior to making any transfer under this subsection,

14 notify the congressional defense committees in writing of

15 the details of the transfer.

16 SEC. 9209. For the purposes of this Act, the term ‘‘con17 gressional defense committees’’ means the Armed Services

18 Committee of the House of Representatives, the Armed Serv19 ices Committee of the Senate, the Subcommittee on Defense

20 of the Committee on Appropriations of the Senate, and the

21 Subcommittee on Defense of the Committee on Appropria22 tions of the House of Representatives.
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1 CHAPTER 3

2 GENERAL PROVISIONS—THIS TITLE

3 SEC. 9301. Each amount in this title is designated as

4 an emergency requirement and necessary to meet emergency

5 needs pursuant to subsections (a) and (b) of section 204

6 of S. Con. Res. 21 (110th Congress), the concurrent resolu7 tion on the budget for fiscal year 2008.

8 SEC. 9302. Funds appropriated by this title, or made

9 available by the transfer of funds in this title, for intel10 ligence activities are deemed to be specifically authorized

11 by the Congress for purposes of section 504(a)(1) of the Na12 tional Security Act of 1947 (50 U.S.C. 414(a)(1)).

13 SEC. 9303. None of the funds made available in this

14 Act may be used in contravention of the following laws en15 acted or regulations promulgated to implement the United

16 Nations Convention Against Torture and Other Cruel, In17 human or Degrading Treatment or Punishment (done at

18 New York on December 10, 1984):

19 (1) Section 2340A of title 18, United States

20 Code;

21 (2) Section 2242 of the Foreign Affairs Reform

22 and Restructuring Act of 1998 (division G of Public

23 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231

24 note) and regulations prescribed thereto, including

25 regulations under part 208 of title 8, Code of Federal
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1 Regulations, and part 95 of title 22, Code of Federal

2 Regulations; and

3 (3) Sections 1002 and 1003 of the Department of

4 Defense, Emergency Supplemental Appropriations to

5 Address Hurricanes in the Gulf of Mexico, and Pan6 demic Influenza Act, 2006 (Public Law 109–148).

7 SEC. 9304. (a) REPORT REQUIRED.—Not later than

8 120 days after the date of the enactment of this Act, the

9 Secretary of Defense, the Secretary of State, and the Sec10 retary of Homeland Security, in coordination with the

11 Chairman of the Joint Chiefs of Staff and the Director of

12 National Intelligence, shall jointly submit to Congress a re13 port setting forth the global strategy of the United States

14 to combat and defeat al Qaeda and its affiliates.

15 (b) ELEMENTS OF STRATEGY.—The strategy set forth

16 in the report required under subsection (a) shall include

17 the following elements:

18 (1) An analysis of the global threat posed by al

19 Qaeda and its affiliates, including an assessment of

20 the relative threat posed in particular regions or

21 countries.

22 (2) Recommendations regarding the distribution

23 and deployment of United States military, intel24 ligence, diplomatic, and other assets to meet the rel-
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HR 2642 EAS2

1 ative regional and country-specific threats described

2 in paragraph (1).

3 (3) Recommendations to ensure that the global

4 deployment of United States military personnel and

5 equipment best meet the threat identified and de6 scribed in paragraph (1) and:

7 (A) does not undermine the military readi8 ness or homeland security of the United States;

9 (B) ensures adequate time between military

10 deployments for rest and training; and

11 (C) does not require further extensions of

12 military deployments to the extent practicable.

13 (c) CLASSIFIED ANNEX.—The report required by sub14 section (a) shall be submitted in unclassified form, but shall

15 include a classified annex.

16 SEC. 9305. None of the funds provided in this title may

17 be used to finance programs or activities denied by Congress

18 in fiscal years 2007 or 2008 appropriations to the Depart19 ment of Defense or to initiate a procurement or research,

20 development, test and evaluation new start program with21 out prior written notification to the congressional defense

22 committees.

23 SEC. 9306. Section 1002(c)(2) of the National Defense

24 Authorization Act, Fiscal Year 2008 (Public Law 110–181)
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HR 2642 EAS2

1 is amended by striking ‘‘$362,159,000’’ and inserting

2 ‘‘$435,259,000’’.

3 SEC. 9307. None of the funds appropriated or other4 wise made available by this title may be obligated or ex5 pended to provide award fees to any defense contractor con6 trary to the provisions of section 814 of the National De7 fense Authorization Act, Fiscal Year 2007 (Public Law

8 109–364).

9 (RESCISSIONS)

10 SEC. 9308. (a) Of the funds made available for ‘‘De11 fense Health Program’’ in Public Law 110–28, $75,000,000

12 are rescinded.

13 (b) Of the funds made available for ‘‘Joint Improvised

14 Explosive Device Defeat Fund’’ in division L of the Consoli15 dated Appropriations Act, 2008 (Public Law 110–161),

16 $71,531,000 are rescinded.

17 SEC. 9309. Of the funds appropriated in the U.S.

18 Troop Readiness, Veterans’ Care, Katrina Recovery, and

19 Iraq Accountability Appropriations Act, 2007 (Public Law

20 110–28) which remain available for obligation under the

21 ‘‘Iraq Freedom Fund’’, $150,000,000 is only for the Joint

22 Rapid Acquisition Cell, and $10,000,000 is only for the

23 transportation of fallen service members.

24 SEC. 9310. None of the funds available to the Depart25 ment of Defense may be obligated or expended to implement

26 any final action on joint basing initiatives required under
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HR 2642 EAS2

1 the 2005 round of defense base closure and realignment

2 under the Defense Base Closure and Realignment Act of

3 1990 (part A of title XXIX of Public Law 101–510; 10

4 U.S.C. 2687 note) until each affected Secretary of a mili5 tary department or the head of each affected Federal agency

6 certifies to the congressional defense committees that joint

7 basing at the affected military installation will result in

8 significant costs savings and will not negatively impact the

9 morale of members of the Armed Forces.

10 SEC. 9311. Funds available in this title which are

11 available to the Department of Defense for operation and

12 maintenance may be used to purchase items having an in13 vestment unit cost of not more than $250,000: Provided,

14 That upon determination by the Secretary of Defense that

15 such action is necessary to meet the operational require16 ments of a Commander of a Combatant Command engaged

17 in contingency operations overseas, such funds may be used

18 to purchase items having an investment item unit cost of

19 not more than $500,000.

20 Ω2æIn lieu of the language proposed to be inserted, insert

21 the following:
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HR 2642 EAS2

1 TITLE I

2 OTHER SECURITY, MILITARY CONSTRUCTION,

3 AND INTERNATIONAL MATTERS

4 CHAPTER 1

5 DEPARTMENT OF AGRICULTURE

6 FOREIGN AGRICULTURAL SERVICE

7 PUBLIC LAW 480 TITLE II GRANTS

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

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

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

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

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

14 CHAPTER 2

15 DEPARTMENT OF JUSTICE

16 GENERAL ADMINISTRATION

17 OFFICE OF INSPECTOR GENERAL

18 For an additional amount for the Office of the Inspec19 tor General, $4,000,000, to remain available until Sep20 tember 30, 2009.

21 LEGAL ACTIVITIES

22 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

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

25 until September 30, 2009.
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HR 2642 EAS2

1 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

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

4 until September 30, 2009.

5 UNITED STATES MARSHALS SERVICE

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’, $18,621,000, to remain available until September

9 30, 2009.

10 FEDERAL BUREAU OF INVESTIGATION

11 SALARIES AND EXPENSES

12 For an additional amount for ‘‘Salaries and Ex13 penses’’, $164,965,000, to remain available until September

14 30, 2009.

15 For an additional amount for ‘‘Salaries and Ex16 penses’’, $82,600,000 to become available on October 1, 2008

17 and to remain available until September 30, 2009.

18 DRUG ENFORCEMENT ADMINISTRATION

19 SALARIES AND EXPENSES

20 For an additional amount for ‘‘Salaries and Ex21 penses’’, $22,666,000, to remain available until September

22 30, 2009.
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HR 2642 EAS2

1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

2 EXPLOSIVES

3 SALARIES AND EXPENSES

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

6 30, 2009.

7 FEDERAL PRISON SYSTEM

8 SALARIES AND EXPENSES

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

11 30, 2009.

12 CHAPTER 3

13 MILITARY CONSTRUCTION

14 MILITARY CONSTRUCTION, ARMY

15 For an additional amount for ‘‘Military Construction,

16 Army’’, $1,170,200,000: Provided, That such funds may be

17 obligated and expended to carry out planning and design

18 and military construction projects not otherwise authorized

19 by law: Provided further, That of the funds made available

20 under this heading, $1,033,000,000 shall remain available

21 until September 30, 2009, and $137,200,000 shall remain

22 available until September 30, 2012: Provided further, That

23 funds made available under this heading for military con24 struction projects in Iraq shall not be obligated or expended

25 until the Secretary of Defense certifies to the Committees
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HR 2642 EAS2

1 on Appropriations of both Houses of Congress that none of

2 the funds are to be used for the purpose of providing facili3 ties for the permanent basing of U.S. military personnel

4 in Iraq.

5 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

6 For an additional amount for ‘‘Military Construction,

7 Navy and Marine Corps’’, $300,084,000: Provided, That

8 such funds may be obligated and expended to carry out

9 planning and design and military construction projects not

10 otherwise authorized by law: Provided further, That of the

11 funds made available under this heading, $270,785,000

12 shall remain available until September 30, 2009, and

13 $29,299,000 shall remain available until September 30,

14 2012.

15 MILITARY CONSTRUCTION, AIR FORCE

16 For an additional amount for ‘‘Military Construction,

17 Air Force’’, $361,900,000: Provided, That such funds may

18 be obligated and expended to carry out planning and design

19 and military construction projects not otherwise authorized

20 by law: Provided further, That of the funds made available

21 under this heading, $324,300,000 shall remain available

22 until September 30, 2009, and $37,600,000 shall remain

23 available until September 30, 2012: Provided further, That

24 funds made available under this heading for military con25 struction projects in Iraq shall not be obligated or expended
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HR 2642 EAS2

1 until the Secretary of Defense certifies to the Committees

2 on Appropriations of both Houses of Congress that none of

3 the funds are to be used for the purpose of providing facili4 ties for the permanent basing of U.S. military personnel

5 in Iraq.

6 MILITARY CONSTRUCTION, DEFENSE-WIDE

7 For an additional amount for ‘‘Military Construction,

8 Defense-Wide’’, $27,600,000, to remain available until Sep9 tember 30, 2009: Provided, That such funds may be obli10 gated and expended to carry out planning and design and

11 military construction projects not otherwise authorized by

12 law.

13 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

14 CORPS

15 For an additional amount for ‘‘Family Housing Con16 struction, Navy and Marine Corps’’, $11,766,000, to remain

17 available until September 30, 2012: Provided, That such

18 funds may be obligated or expended for planning and de19 sign and military construction projects not otherwise au20 thorized by law.

21 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005

22 For deposit into the Department of Defense Base Clo23 sure Account 2005, established by section 2906A(a)(1) of the

24 Defense Base Closure and Realignment Act of 1990 (10
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HR 2642 EAS2

1 U.S.C. 2687 note), $1,202,886,000, to remain available

2 until expended.

3 DEPARTMENT OF VETERANS AFFAIRS

4 DEPARTMENTAL ADMINISTRATION

5 GENERAL OPERATING EXPENSES

6 For an additional amount for ‘‘General Operating Ex7 penses’’, $100,000,000, to remain available until expended.

8 INFORMATION TECHNOLOGY SYSTEMS

9 For an additional amount for ‘‘Information Tech10 nology Systems’’, $20,000,000, to remain available until ex11 pended.

12 CONSTRUCTION, MAJOR PROJECTS

13 For an additional amount for ‘‘Construction, Major

14 Projects’’, $437,100,000, to remain available until ex15 pended, which shall be for acceleration and completion of

16 planned major construction of Level I polytrauma rehabili17 tation centers as identified in the Department of Veterans

18 Affairs’ Five Year Capital Plan: Provided, That notwith19 standing any other provision of law, such funds may be

20 obligated and expended to carry out planning and design

21 and major medical facility construction not otherwise au22 thorized by law: Provided further, That within 30 days of

23 enactment of this Act the Secretary shall submit to the Com24 mittees on Appropriations of both Houses of Congress an

25 expenditure plan for funds provided under this heading.
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HR 2642 EAS2

1 GENERAL PROVISIONS—THIS CHAPTER

2 SEC. 1301. In addition to amounts otherwise appro3 priated or made available under the heading ‘‘Military

4 Construction, Army’’, there is hereby appropriated an addi5 tional $70,600,000, to remain available until September 30,

6 2012, for the acceleration and completion of child develop7 ment center construction as proposed in the fiscal year 2009

8 budget request for the Department of the Army: Provided,

9 That such funds may be obligated and expended to carry

10 out planning and design and military construction not oth11 erwise authorized by law.

12 SEC. 1302. In addition to amounts otherwise appro13 priated or made available under the heading ‘‘Military

14 Construction, Navy and Marine Corps’’, there is hereby ap15 propriated an additional $89,820,000, to remain available

16 until September 30, 2012, for the acceleration and comple17 tion of child development and youth center construction as

18 proposed in the fiscal year 2009 budget request for the De19 partment of the Navy: Provided, That such funds may be

20 obligated and expended to carry out planning and design

21 and military construction not otherwise authorized by law.

22 SEC. 1303. In addition to amounts otherwise appro23 priated or made available under the heading ‘‘Military

24 Construction, Air Force’’, there is hereby appropriated an

25 additional $8,100,000, to remain available until September
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1 30, 2012, for the acceleration and completion of child devel2 opment center construction as proposed in the fiscal year

3 2009 budget request for the Department of the Air Force:

4 Provided, That such funds may be obligated and expended

5 to carry out planning and design and military construction

6 not otherwise authorized by law.

7 SEC. 1304. In addition to amounts otherwise appro8 priated or made available under the heading ‘‘Military

9 Construction, Army’’, there is hereby appropriated an addi10 tional $200,000,000, to remain available until September

11 30, 2012, to accelerate barracks improvements at Depart12 ment of the Army installations: Provided, That such funds

13 may be obligated and expended to carry out planning and

14 design and barracks construction not otherwise authorized

15 by law: Provided further, That within 30 days of enactment

16 of this Act the Secretary shall submit to the Committees

17 on Appropriations of both Houses of Congress an expendi18 ture plan for barracks construction prior to obligation.

19 SEC. 1305. COLLECTION OF CERTAIN INDEBTEDNESS

20 OF MEMBERS OF THE ARMED FORCES AND VETERANS WHO

21 DIE OF INJURY INCURRED OR AGGRAVATED IN SERVICE IN

22 THE LINE OF DUTY IN A COMBAT ZONE. (a) LIMITATION

23 ON AUTHORITY.—
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1 (1) IN GENERAL.—Chapter 53 of title 38, United

2 States Code, is amended by inserting after section

3 5302 the following new section:

4 ‘‘§ 5302A. Collection of indebtedness: certain debts of

5 members of the Armed Forces and vet6 erans who die of injury incurred or aggra7 vated in the line of duty in a combat zone

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

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

10 States by a member of the Armed Forces or veteran de11 scribed in subsection (b) under any program under the laws

12 administered by the Secretary, other than a program re13 ferred to in subsection (c), if the Secretary determines that

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

15 States.

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

17 Forces or veteran described in this subsection is any mem18 ber or veteran who dies as a result of an injury incurred

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

20 of combat operations (as determined by the Secretary in

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

22 combat against a hostile force during a period of hostilities

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

24 title) after September 11, 2001.
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1 ‘‘(c) INAPPLICABILITY TO HOUSING AND SMALL BUSI2 NESS BENEFIT PROGRAMS.—The limitation on authority

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

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

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

8 amended by inserting after the item relating to sec9 tion 5302 the following new item:

‘‘5302A. Collection of indebtedness: certain debts of members of the Armed Forces

and veterans who die of injury incurred or aggravated in the

line of duty in a combat zone.’’.

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

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

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

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

15 and the Secretary of Veterans Affairs determines that such

16 indebtedness would have been terminated had such section

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

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

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

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

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

24 on or after September 11, 2001.
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1 (d) SHORT TITLE.—This section may be cited as the

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

3 CHAPTER 4

4 SUBCHAPTER A—SUPPLEMENTAL APPROPRIATIONS FOR

5 FISCAL YEAR 2008

6 DEPARTMENT OF STATE

7 ADMINISTRATION OF FOREIGN AFFAIRS

8 DIPLOMATIC AND CONSULAR PROGRAMS

9 For an additional amount for ‘‘Diplomatic and Con10 sular Programs’’, $1,413,700,000, to remain available until

11 September 30, 2009, of which $212,400,000 for worldwide

12 security protection is available until expended: Provided,

13 That not more than $1,095,000,000 of the funds appro14 priated under this heading shall be available for diplomatic

15 operations in Iraq: Provided further, That of the funds ap16 propriated under this heading, not more than $30,000,000

17 shall be made available to establish and implement a co18 ordinated civilian response capacity at the United States

19 Department of State: Provided further, That of the funds

20 appropriated under this heading, up to $5,000,000 shall be

21 made available to establish a United States Consulate in

22 Lhasa, Tibet: Provided further, That the Department of

23 State shall not consent to the opening of a consular post

24 in the United States by the People’s Republic of China until
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1 such time as a United States Consulate in Lhasa, Tibet

2 is established.

3 OFFICE OF INSPECTOR GENERAL

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Office of Inspector

6 General’’, $12,500,000, to remain available until September

7 30, 2009: Provided, That $2,500,000 shall be transferred to

8 the Special Inspector General for Iraq Reconstruction for

9 reconstruction oversight, and up to $5,000,000 may be

10 transferred to the Special Inspector General for Afghanistan

11 Reconstruction for reconstruction oversight.

12 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

13 For an additional amount for ‘‘Educational and Cul14 tural Exchange Programs’’, $10,000,000, to remain avail15 able until September 30, 2009, of which $5,000,000 shall

16 be for programs and activities in Africa, and $5,000,000

17 shall be for programs and activities in the Western Hemi18 sphere.

19 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

20 For an additional amount for ‘‘Embassy Security,

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

22 available until expended, for facilities in Afghanistan.
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1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

3 For an additional amount for ‘‘Contributions to Inter4 national Organizations’’, $66,000,000, to remain available

5 until September 30, 2009.

6 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

7 ACTIVITIES

8 For an additional amount for ‘‘Contributions for

9 International Peacekeeping Activities’’, $383,600,000, to re10 main available until September 30, 2009, of which

11 $333,600,000 shall be made available for the United Na12 tions-African Union Hybrid Mission in Darfur.

13 RELATED AGENCY

14 BROADCASTING BOARD OF GOVERNORS

15 INTERNATIONAL BROADCASTING OPERATIONS

16 For an additional amount for ‘‘International Broad17 casting Operations’’, $3,000,000, to remain available until

18 September 30, 2009.

19 BILATERAL ECONOMIC ASSISTANCE

20 FUNDS APPROPRIATED TO THE PRESIDENT

21 INTERNATIONAL DISASTER ASSISTANCE

22 For an additional amount for ‘‘International Disaster

23 Assistance’’, $240,000,000, to remain available until ex24 pended.
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1 OPERATING EXPENSES OF THE UNITED STATES AGENCY

2 FOR INTERNATIONAL DEVELOPMENT

3 For an additional amount for ‘‘Operating Expenses of

4 the United States Agency for International Development’’,

5 $149,500,000, to remain available until September 30,

6 2009: Provided, That of the funds appropriated under this

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

8 to establish and implement a coordinated civilian response

9 capacity at the United States Agency for International De10 velopment.

11 OPERATING EXPENSES OF THE UNITED STATES AGENCY

12 FOR INTERNATIONAL DEVELOPMENT

13 OFFICE OF INSPECTOR GENERAL

14 For an additional amount for ‘‘Operating Expenses of

15 the United States Agency for International Development

16 Office of Inspector General’’, $4,000,000, to remain avail17 able until September 30, 2009.

18 OTHER BILATERAL ECONOMIC ASSISTANCE

19 ECONOMIC SUPPORT FUND

20 For an additional amount for ‘‘Economic Support

21 Fund’’, $1,962,500,000, to remain available until Sep22 tember 30, 2009, of which not more than $398,000,000 may

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

24 shall be made available for assistance for Jordan to meet

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

26 made available for energy-related assistance for North
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1 Korea, notwithstanding any other provision of law: Pro2 vided, That not more than $200,000,000 of the funds appro3 priated under this heading in this subchapter shall be made

4 available for assistance for the West Bank: Provided further,

5 That funds made available pursuant to the previous proviso

6 shall be subject to the regular notification procedures of the

7 Committees on Appropriations: Provided further, That the

8 funds made available under this heading for energy-related

9 assistance for North Korea may be made available to sup10 port the goals of the Six Party Talks Agreements after the

11 Secretary of State determines and reports to the Committees

12 on Appropriations that North Korea is continuing to fulfill

13 its commitments under such agreements.

14 DEPARTMENT OF STATE

15 DEMOCRACY FUND

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

17 $76,000,000, to remain available until September 30, 2009,

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

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

20 Chad.

21 INTERNATIONAL NARCOTICS CONTROL AND LAW

22 ENFORCEMENT

23 For an additional amount for ‘‘International Nar24 cotics Control and Law Enforcement’’, $520,000,000, to re25 main available until September 30, 2009, of which not more

26 than $25,000,000 shall be made available for security assist-
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1 ance for the West Bank: Provided, That of the funds appro2 priated under this heading, $1,000,000 shall be made avail3 able for the Office of the United Nations High Commis4 sioner for Human Rights in Mexico.

5 MIGRATION AND REFUGEE ASSISTANCE

6 For an additional amount for ‘‘Migration and Refugee

7 Assistance’’, $330,500,000, to remain available until ex8 pended.

9 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

10 ASSISTANCE FUND

11 For an additional amount for ‘‘United States Emer12 gency Refugee and Migration Assistance Fund’’,

13 $36,608,000, to remain available until expended.

14 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

15 RELATED PROGRAMS

16 For an additional amount for ‘‘Nonproliferation,

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

18 $10,000,000, to remain available until September 30, 2009.

19 MILITARY ASSISTANCE

20 FUNDS APPROPRIATED TO THE PRESIDENT

21 PEACEKEEPING OPERATIONS

22 For an additional amount for ‘‘Peacekeeping Oper23 ations’’, $10,000,000, to remain available until September

24 30, 2009.
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1 SUBCHAPTER B—BRIDGE FUND APPROPRIATIONS FOR

2 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’’, $652,400,000, 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 $500,000,000 of the funds

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

15 OFFICE OF INSPECTOR GENERAL

16 (INCLUDING TRANSFER 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 $36,500,000 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.
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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’’, $6,000,000, which shall become avail23 able on October 1, 2008 and remain available through Sep24 tember 30, 2009.
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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.
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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

13 OFFICE OF INSPECTOR 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’’, $1,132,300,000, which shall become available on Oc23 tober 1, 2008 and remain available through September 30,

24 2009, of which not more than $110,000,000 may be made

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

26 made available for assistance for Jordan, not more than
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1 $455,000,000 may be made available for assistance for Af2 ghanistan, not more than $150,000,000 may be made avail3 able for assistance for Pakistan, not more than

4 $150,000,000 shall be made available for assistance for the

5 West Bank, and $15,000,000 may be made available for en6 ergy-related assistance for North Korea, notwithstanding

7 any other provision of law.

8 DEPARTMENT OF STATE

9 INTERNATIONAL NARCOTICS CONTROL AND LAW

10 ENFORCEMENT

11 For an additional amount for ‘‘International Nar12 cotics Control and Law Enforcement’’, $151,000,000, which

13 shall become available on October 1, 2008 and remain

14 available through September 30, 2009, of which not more

15 than $50,000,000 shall be made available for security assist16 ance for the West Bank.

17 MIGRATION AND REFUGEE ASSISTANCE

18 For an additional amount for ‘‘Migration and Refugee

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

20 October 1, 2008 and remain available until expended.

21 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

22 RELATED PROGRAMS

23 For an additional amount for ‘‘Nonproliferation,

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

25 $4,500,000, for humanitarian demining assistance for Iraq,
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1 which shall become available on October 1, 2008 and re2 main available through September 30, 2009.

3 MILITARY ASSISTANCE

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 FOREIGN MILITARY FINANCING PROGRAM

6 For an additional amount for ‘‘Foreign Military Fi7 nancing Program’’, $145,000,000, which shall become avail8 able on October 1, 2008 and remain available through Sep9 tember 30, 2009, of which $100,000,000 shall be made avail10 able for assistance for Jordan: Provided, That section

11 3802(c) of title III, chapter 8 of Public of Law 110–28 shall

12 apply to funds made available under this heading for assist13 ance for Lebanon.

14 PEACEKEEPING OPERATIONS

15 For an additional amount for ‘‘Peacekeeping Oper16 ations’’, $85,000,000, which shall become available on Octo17 ber 1, 2008 and remain available through September 30,

18 2009.

19 SUBCHAPTER C—GENERAL PROVISIONS—THIS CHAPTER

20 EXTENSION OF AUTHORITIES

21 SEC. 1401. Funds appropriated by this chapter may

22 be obligated and expended notwithstanding section 10 of

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

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

25 2680), section 313 of the Foreign Relations Authorization

26 Act, Fiscal Year 1994 and 1995 (22 U.S.C. 6212), and sec-
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1 tion 504(a)(1) of the National Security Act of 1947 (50

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

3 IRAQ

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

5 (1) None of the funds appropriated by this chap6 ter for infrastructure maintenance activities in Iraq

7 may be made available until the Secretary of State

8 certifies and reports to the Committees on Appropria9 tions that the Governments of the United States and

10 Iraq have entered into, and are implementing, an

11 asset transfer agreement that includes commitments

12 by the Government of Iraq to maintain United

13 States-funded infrastructure in Iraq.

14 (2) None of the funds appropriated by this chap15 ter may be made available for the construction of

16 prison facilities in Iraq.

17 (b) ANTI-CORRUPTION.—None of the funds appro18 priated by this chapter for rule of law programs in Iraq

19 may be made available for assistance for the Government

20 of Iraq until the Secretary of State certifies and reports

21 to the Committees on Appropriations that a comprehensive

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

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

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

25 the Committees on Appropriations of senior Iraqi officials
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1 who the Secretary has credible evidence to believe have com2 mitted corrupt acts.

3 (c) PROVINCIAL RECONSTRUCTION TEAMS.—None of

4 the funds appropriated by this chapter for the operational

5 or program expenses of Provincial Reconstruction Teams

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

7 of State submits a report to the Committees on Appropria8 tions detailing—

9 (1) the strategy for the eventual winding down

10 and close out of PRTs;

11 (2) anticipated costs associated with PRT oper12 ations, programs, and eventual winding down and

13 close out, including security for PRT personnel and

14 anticipated Government of Iraq contributions; and

15 (3) anticipated placement and cost estimates of

16 future United States Consulates in Iraq.

17 (d) COMMUNITY STABILIZATION PROGRAM.—None of

18 the funds appropriated by this chapter for the Community

19 Stabilization Program in Iraq may be made available until

20 the Secretary of State certifies and reports to the Commit21 tees on Appropriations that the United States Agency for

22 International Development is implementing recommenda23 tions contained in Office of Inspector General Audit Report

24 No. E–267–08–001–P to ensure accountability of funds.

25 (e) MATCHING REQUIREMENT.—
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1 (1) Notwithstanding any other provision of law,

2 funds appropriated by this chapter for assistance for

3 Iraq shall be made available only to the extent that

4 the Government of Iraq matches such assistance on a

5 dollar-for-dollar basis.

6 (2) Subsection (e)(1) shall not apply to funds

7 made available for—

8 (A) grants and cooperative agreements for

9 programs to promote democracy and human

10 rights;

11 (B) the Community Action Program and

12 other assistance through civil society organiza13 tions;

14 (C) humanitarian demining; or

15 (D) assistance for refugees, internally dis16 placed persons, and civilian victims of the mili17 tary operations.

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

19 Committees on Appropriations prior to the initial ob20 ligation of funds pursuant to this section that the

21 Government of Iraq has committed to obligate match22 ing funds on a dollar-for-dollar basis. The Secretary

23 shall submit a report to the Committees on Appro24 priations not later than September 30, 2008 and 180

25 days thereafter, detailing the amounts of funds obli-
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1 gated and expended by the Government of Iraq to

2 meet the requirements of this section.

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

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

5 to the Committees on Appropriations detailing the

6 amounts provided by the Government of Iraq since

7 June 30, 2004, to assist Iraqi refugees in Syria, Jor8 dan, and elsewhere, and the amount of such assistance

9 the Government of Iraq plans to provide in fiscal

10 year 2008. The Secretary shall work expeditiously

11 with the Government of Iraq to establish an account

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

13 match United States contributions on a dollar-for-dol14 lar basis to organizations and programs for the pur15 pose of assisting Iraqi refugees.

16 (f) VETTING.—Prior to the initial obligation of funds

17 appropriated for assistance for Iraq in this chapter, the

18 Secretary of State shall, in consultation with the heads of

19 other Federal departments and agencies, take appropriate

20 steps to ensure that such funds are not provided to or

21 through any individual, private entity, or educational in22 stitution that the Secretary knows or has reason to believe

23 advocates, plans, sponsors, or engages in, terrorist activi24 ties.

25 (g) IRAQ RELIEF AND RECONSTRUCTION FUND.—
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1 (1) Notwithstanding any other provision of law,

2 the expired balances of funds appropriated or other3 wise made available under the heading ‘‘Iraq Relief

4 and Reconstruction Fund’’ in prior Acts making ap5 propriations for foreign operations, export financing,

6 and related programs shall be rescinded.

7 (2) None of the funds made available under the

8 heading ‘‘Iraq Relief and Reconstruction Fund’’ in

9 prior Acts making appropriations for foreign oper10 ations, export financing, and related programs may

11 be reprogrammed for any purpose other than that

12 previously notified to the Committees on Appropria13 tions prior to April 30, 2008, and none of such funds

14 may be made available to initiate any new projects

15 or activities.

16 (3) Not later than 30 days after enactment of

17 this Act, the Secretary of State shall report to the

18 Committees on Appropriations on the balances of ob19 ligated funds referenced in subsection (g)(1), and esti20 mates of the amount of funds required to close out on21 going projects or for outstanding claims.

22 AFGHANISTAN

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

24 GIRLS.—Funds appropriated by this chapter under the

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

26 assistance for Afghanistan shall be made available, to the
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1 maximum extent practicable, through local Afghan provin2 cial and municipal governments and Afghan civil society

3 organizations and in a manner that emphasizes the partici4 pation of Afghan women and directly improves the eco5 nomic, social and political status of Afghan women and

6 girls.

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

8 by this chapter under the heading ‘‘Economic Support

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

10 Afghanistan, not less than 50 percent shall be made avail11 able to support higher education and vocational training

12 programs in law, accounting, engineering, public adminis13 tration, and other disciplines necessary to rebuild the coun14 try, in which the participation of women is emphasized.

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

16 by this chapter under the heading ‘‘Economic Support

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

18 less than $10,000,000 shall be made available for continued

19 support of the United States Agency for International De20 velopment’s Afghan Civilian Assistance Program, and not

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

22 States contribution to the North Atlantic Treaty Organiza23 tion/International Security Assistance Force Post-Oper24 ations Humanitarian Relief Fund.
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1 (d) ANTI-CORRUPTION.—Not later than 90 days after

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

3 (1) submit a report to the Committees on Appro4 priations on actions being taken by the Government

5 of Afghanistan to combat corruption within the na6 tional and provincial governments, including to re7 move and prosecute officials who have committed cor8 rupt acts;

9 (2) submit a list to the Committees on Appro10 priations, in classified form if necessary, of senior Af11 ghan officials who the Secretary has credible evidence

12 to believe have committed corrupt acts; and

13 (3) certify and report to the Committees on Ap14 propriations that effective mechanisms are in place to

15 ensure that assistance to national government min16 istries and provincial governments will be properly

17 accounted for.

18 WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA

19 SEC. 1404. (a) ANNUAL WAIVER AUTHORITY.—

20 (1) IN GENERAL.—Except as provided in sub21 section (b), the President may waive in whole or in

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

23 any sanction under section 102(b) of the Arms Export

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

25 of—
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1 (A) assisting in the implementation and

2 verification of the compliance by North Korea

3 with its commitment, undertaken in the Joint

4 Statement of September 19, 2005, to abandon all

5 nuclear weapons and existing nuclear programs

6 as part of the verifiable denuclearization of the

7 Korean Peninsula; and

8 (B) promoting the elimination of the capa9 bility of North Korea to develop, deploy, transfer,

10 or maintain weapons of mass destruction and

11 their delivery systems.

12 (2) DURATION OF WAIVER.—Any waiver issued

13 under this subsection shall expire at the end of the

14 calendar year in which it is issued.

15 (b) EXCEPTIONS.—

16 (1) LIMITED EXCEPTION RELATED TO CERTAIN

17 SANCTIONS AND PROHIBITIONS.—The authority under

18 subsection (a) shall not apply with respect to a sanc19 tion or prohibition under subparagraph (B), (C), or

20 (G) of section 102(b)(2) of the Arms Export Control

21 Act, unless the President determines and certifies to

22 the appropriate congressional committees that—

23 (A) all reasonable steps will be taken to as24 sure that the articles or services exported or oth25 erwise provided will not be used to improve the
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1 military capabilities of the armed forces of North

2 Korea; and

3 (B) such waiver is in the national security

4 interests of the United States.

5 (2) LIMITED EXCEPTION RELATED TO CERTAIN

6 ACTIVITIES.—Unless the President determines and

7 certifies to the appropriate congressional committees

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

9 to the national security interests of the United States,

10 such authority shall not apply with respect to—

11 (A) an activity described in subparagraph

12 (A) of section 102(b)(1) of the Arms Export Con13 trol Act that occurs after September 19, 2005,

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

15 (B) an activity described in subparagraph

16 (C) of such section that occurs after September

17 19, 2005; or

18 (C) an activity described in subparagraph

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

20 enactment of this Act.

21 (3) EXCEPTION RELATED TO CERTAIN ACTIVITIES

22 OCCURRING AFTER DATE OF ENACTMENT.—The au23 thority under subsection (a) shall not apply with re24 spect to an activity described in subparagraph (A) or

25 (B) of section 102(b)(1) of the Arms Export Control
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1 Act that occurs after the date of the enactment of this

2 Act.

3 (c) NOTIFICATIONS AND REPORTS.—

4 (1) CONGRESSIONAL NOTIFICATION.—The Presi5 dent shall notify the appropriate congressional com6 mittees in writing not later than 15 days before exer7 cising the waiver authority under subsection (a).

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

9 31, 2009, and annually thereafter, the President shall

10 submit to the appropriate congressional committees a

11 report that—

12 (A) lists all waivers issued under subsection

13 (a) during the preceding year;

14 (B) describes in detail the progress that is

15 being made in the implementation of the com16 mitment undertaken by North Korea, in the

17 Joint Statement of September 19, 2005, to aban18 don all nuclear weapons and existing nuclear

19 programs as part of the verifiable

20 denuclearization of the Korean Peninsula;

21 (C) discusses specifically any shortcomings

22 in the implementation by North Korea of that

23 commitment; and

24 (D) lists and describes the progress and

25 shortcomings, in the preceding year, of all other
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1 programs promoting the elimination of the capa2 bility of North Korea to develop, deploy, transfer,

3 or maintain weapons of mass destruction or

4 their delivery systems.

5 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE6 FINED.—In this section, the term ‘‘appropriate congres7 sional committees’’ means—

8 (1) the Committees on Appropriations, Armed

9 Services, and Foreign Relations of the Senate; and

10 (2) the Committees on Appropriations, Armed

11 Services, and Foreign Affairs of the House of Rep12 resentatives.

13 MEXICO

14 SEC. 1405. (a) ASSISTANCE FOR MEXICO.—Of the

15 funds appropriated in subchapter A under the heading

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

17 not more than $350,000,000 may be made available for as18 sistance for Mexico, only to combat drug trafficking and

19 related violence and organized crime, and for judicial re20 form, anti-corruption, and rule of law activities: Provided,

21 That none of the funds made available under this section

22 shall be made available for budget support or as cash pay23 ments: Provided further, That none of the funds made avail24 able under this section shall be available for obligation until

25 the Secretary of State determines and reports to the Com26 mittees on Appropriations that vetting procedures are in
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1 place to ensure that members and units of the Mexican mili2 tary and police forces that receive assistance pursuant to

3 this section have not been involved in human rights viola4 tions or corrupt acts.

5 (b) ALLOCATION OF FUNDS.—Twenty-five percent of

6 the funds made available by subchapter A for assistance for

7 Mexico under the heading ‘‘International Narcotics Control

8 and Law Enforcement’’ may be obligated only after the Sec9 retary of State determines and reports to the Committees

10 on Appropriations that:

11 (1) The Government of Mexico is—

12 (A) strengthening the legal authority and

13 independence of the National Human Rights

14 Commission;

15 (B) establishing police complaints commis16 sions with authority and independence to receive

17 complaints and carry out effective investigations;

18 (C) establishing an independent mechanism,

19 with representation from civil society, to monitor

20 programs to combat drug trafficking and related

21 violence and organized crime, judicial reform,

22 anti-corruption, and rule of law activities to en23 sure due process and the protection of freedoms

24 of expression, association, and assembly, and
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1 rights of privacy, in accordance with Mexican

2 and international law;

3 (D) is enforcing the prohibition on the use

4 of testimony obtained through torture or other

5 ill-treatment in violation of Mexican and inter6 national law;

7 (E) is ensuring that the Mexican military

8 justice system is transferring all cases involving

9 allegations of human rights violations by mili10 tary personnel to civilian prosecutors and judi11 cial authorities, and that the armed forces are

12 fully cooperating with civilian prosecutors and

13 judicial authorities in prosecuting and pun14 ishing in civilian courts members of the armed

15 forces who have been credibly alleged to have

16 committed such violations; and

17 (F) is ensuring that federal and state police

18 forces are fully cooperating with prosecutors and

19 judicial authorities in prosecuting and pun20 ishing members of the police forces who have been

21 credibly alleged to have committed violations of

22 human rights.

23 (2) Civilian prosecutors and judicial authorities

24 are investigating, prosecuting and punishing members

25 of the Mexican military and police forces who have
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1 been credibly alleged to have committed human rights

2 violations.

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

4 the funds made available for assistance for Mexico pursuant

5 to this section, $3,000,000 shall be made available for tech6 nical and other assistance to enable the Government of Mex7 ico to implement a unified national registry of federal,

8 state, and municipal police officers, and $5,000,000 should

9 be made available to the Bureau of Alcohol, Tobacco, Fire10 arms and Explosives to deploy special agents in Mexico to

11 support Mexican law enforcement agencies in tracing seized

12 firearms and investigating firearms trafficking cases.

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

14 shall include a description of actions taken with respect to

15 each requirement specified in subsection (b) and the cases

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

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

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

19 in subchapter A shall be subject to the regular notification

20 procedures of the Committees on Appropriations and sec21 tion 634A of the Foreign Assistance Act of 1961 (22 U.S.C.

22 2394–1).

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

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

25 shall submit to the Committees on Appropriations a de-
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1 tailed spending plan for funds appropriated or otherwise

2 made available for Mexico in subchapter A, which shall in3 clude a strategy for combating drug trafficking and related

4 violence and organized crime, judicial reform, preventing

5 corruption, and strengthening the rule of law, with concrete

6 goals, actions to be taken, budget proposals, and anticipated

7 results.

8 (g) CONSULTATION.—Not later than 90 days after the

9 date of the enactment of this Act, and every 120 days there10 after until September 30, 2010, the Secretary of State shall

11 consult with Mexican and internationally recognized

12 human rights organizations on progress in meeting the re13 quirements described in subsection (b).

14 CENTRAL AMERICA

15 SEC. 1406. (a) ASSISTANCE FOR THE COUNTRIES OF

16 CENTRAL AMERICA.—Of the funds appropriated in sub17 chapter A under the headings ‘‘International Narcotics

18 Control and Law Enforcement’’ and ‘‘Economic Support

19 Fund’’, not more than $100,000,000 may be made available

20 for assistance for the countries of Central America, Haiti,

21 and the Dominican Republic only to combat drug traf22 ficking and related violence and organized crime, and for

23 judicial reform, anti-corruption, and rule of law activities:

24 Provided, That of the funds appropriated under the heading

25 ‘‘Economic Support Fund’’, $40,000,000 shall be made

26 available through the United States Agency for Inter-
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1 national Development for an Economic and Social Develop2 ment Fund for Central America: Provided further, That of

3 the funds made available pursuant to this section,

4 $5,000,000 shall be made available for assistance for Haiti

5 and $5,000,000 shall be made available for assistance for

6 the Dominican Republic: Provided further, That of the

7 funds made available pursuant to this section that are

8 available for assistance for Guatemala, not less than

9 $1,000,000 shall be made available for a United States con10 tribution to the International Commission Against Impu11 nity in Guatemala: Provided further, That none of the

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

13 payments: Provided further, That, with the exception of the

14 first and third provisos in this section, none of the funds

15 shall be available for obligation until the Secretary of State

16 determines and reports to the Committees on Appropria17 tions that vetting procedures are in place to ensure that

18 members and units of the military and police forces of the

19 countries of Central America, Haiti and the Dominican Re20 public that receive assistance pursuant to this section have

21 not been involved in human rights violations or corrupt

22 acts.

23 (b) ALLOCATION OF FUNDS.—Twenty-five percent of

24 the funds made available by subchapter A for assistance for

25 the countries of Central America, Haiti and the Dominican
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1 Republic under the heading ‘‘International Narcotics Con2 trol and Law Enforcement’’ may be obligated only after the

3 Secretary of State determines and reports to the Committees

4 on Appropriations that the government of such country is—

5 (1) establishing a police complaints commission

6 with authority and independence to receive com7 plaints and carry out effective investigations;

8 (2) implementing reforms to improve the capac9 ity and ensure the independence of the judiciary; and

10 (3) suspending, prosecuting and punishing mem11 bers of the military and police forces who have been

12 credibly alleged to have committed violations of

13 human rights and corrupt acts.

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

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 (d) NOTIFICATION.—Funds made available for assist20 ance for the countries of Central America, Haiti and the

21 Dominican Republic in subchapter A shall be subject to the

22 regular notification procedures of the Committees on Appro23 priations and section 634A of the Foreign Assistance Act

24 of 1961 (22 U.S.C. 2394–1).
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1 (e) SPENDING PLAN.—Not later than 45 days after en2 actment of this Act the Secretary of State shall submit to

3 the Committees on Appropriations a detailed spending plan

4 for funds appropriated or otherwise made available for the

5 countries of Central America, Haiti and the Dominican Re6 public in subchapter A, which shall include a strategy for

7 combating drug trafficking and related violence and orga8 nized crime, judicial reform, preventing corruption, and

9 strengthening the rule of law, with concrete goals, actions

10 to be taken, budget proposals and anticipated results.

11 (f) CONSULTATION.—Not later than 90 days after the

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

13 until September 30, 2010, the Secretary of State shall con14 sult with internationally recognized human rights organi15 zations, and human rights organizations in the countries

16 of Central America, Haiti and the Dominican Republic re17 ceiving assistance pursuant to this section, on progress in

18 meeting the requirements described in subsection (b).

19 (g) DEFINITION.—For the purposes of this section, the

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

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

22 Panama.

23 TECHNICAL PROVISIONS

24 SEC. 1407. (a) ADMINISTRATIVE EXPENSES.—Of the

25 funds appropriated or otherwise made available under the

26 heading ‘‘Economic Support Fund’’ by title III of the De-
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1 partment of State, Foreign Operations, and Related Pro2 grams Appropriations Act, 2008 (division J of Public Law

3 110–161), up to $7,800,000 may be made available, in ad4 dition to amounts otherwise available for such purposes, for

5 administrative expenses of the United States Agency for

6 International Development for alternative development pro7 grams in the Andean region of South America. These funds

8 may be used to reimburse funds appropriated under the

9 heading ‘‘Operating Expenses of the United States Agency

10 for International Development’’ for obligations incurred for

11 the purposes provided under this section prior to enactment

12 of this Act.

13 (b) AUTHORITY.—Funds appropriated or otherwise

14 made available by title III of the Department of State, For15 eign Operations, and Related Programs Appropriations

16 Act, 2008 (division J of Public Law 110–161) under the

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

18 a competitively awarded grant for nuclear security initia19 tives relating to North Korea shall be made available not20 withstanding any other provision of law.

21 (c) EXTENSION OF AUTHORITY.—Not more than

22 $1,350,000 of the funds appropriated or otherwise made

23 available under the heading ‘‘Foreign Military Financing

24 Program’’ by the Department of State, Foreign Operations,

25 and Related Programs Appropriations Act, 2008 (division
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1 J of Public Law 110–161) that were previously transferred

2 to and merged with ‘‘Diplomatic and Consular Programs’’

3 may be made available for any purposes authorized for that

4 account, of which up to $500,000 shall be made available

5 to increase the capacity of the United States Embassy in

6 Mexico City to vet members and units of Mexican military

7 and police forces that receive assistance made available by

8 this Act and to monitor the uses of such assistance.

9 (d) REIMBURSEMENTS.—Any agreement for the trans10 fer or allocation of funds appropriated by this Act, or prior

11 Acts, entered into between the United States Agency for

12 International Development and another agency of the

13 United States Government under the authority of section

14 632(a) of the Foreign Assistance Act of 1961 or any com15 parable provision of law, shall include the provision of suf16 ficient funds to fully reimburse the United States Agency

17 for International Development for the administrative costs,

18 including the cost of direct hire personnel, incurred in im19 plementing and managing the programs and activities

20 under such transfer or allocation. Such funds transferred

21 or allocated to the United States Agency for International

22 Development for administrative costs shall be transferred

23 to and merged with ‘‘Operating Expenses of the United

24 States Agency for International Development’’.
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1 (e) EXCEPTION.—Section 8002 of title VIII of this Act

2 shall not apply to this section.

3 (f) SPENDING AUTHORITY.—Funds made available by

4 this chapter may be expended notwithstanding section 699K

5 of the Department of State, Foreign Operations, and Re6 lated Programs Appropriations Act, 2008 (division J of

7 Public Law 110–161).

8 BUYING POWER MAINTENANCE ACCOUNT

9 (INCLUDING TRANSFER OF FUNDS)

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

11 heading ‘‘Diplomatic and Consular Programs’’ and allo12 cated by section 3810 of the U.S. Troop Readiness, Vet13 erans’ Care, Katrina Recovery, and Iraq Accountability

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

15 $26,000,000 shall be transferred to and merged with funds

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

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

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

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

20 the regular notification procedures of the Committees on

21 Appropriations and in accordance with the procedures in

22 section 34 of the State Department Basic Authorities Act

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

24 to this section shall be available, without fiscal year limita25 tion, pursuant to section 24 of the State Department Basic

26 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 SERBIA

9 SEC. 1409. (a) Of the funds made available for assist10 ance for Serbia under the heading ‘‘Assistance for Eastern

11 Europe and the Baltic States’’ by title III of the Depart12 ment of State, Foreign Operations, and Related Programs

13 Appropriations Act, 2008 (division J of Public Law 110–

14 161), an amount equivalent to the costs of damage to the

15 United States Embassy in Belgrade, Serbia, as estimated

16 by the Secretary of State, resulting from the February 21,

17 2008 attack on such Embassy, shall be transferred to, and

18 merged with, funds provided under the heading ‘‘Embassy

19 Security, Construction, and Maintenance’’ to be used for

20 necessary repairs or future construction.

21 (b) The requirements of subsection (a) shall not apply

22 if the Secretary of State certifies to the Committees on Ap23 propriations that the Government of Serbia has provided

24 full compensation to the Department of State for damages

25 to the United States Embassy in Belgrade, Serbia resulting

26 from the February 21, 2008 attack on such Embassy.
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1 (c) Section 8002 of title VIII of this Act shall not apply

2 to this section.

3 RESCISSIONS

4 (INCLUDING RESCISSIONS)

5 SEC. 1410. (a) WORLD FOOD PROGRAM.—

6 (1) For an additional amount for a contribution

7 to the World Food Program to assist farmers in coun8 tries affected by food shortages to increase crop yields,

9 notwithstanding any other provision of law,

10 $20,000,000, to remain available until expended.

11 (2) Of the funds appropriated under the heading

12 ‘‘Andean Counterdrug Initiative’’ in prior acts mak13 ing appropriations for foreign operations, export fi14 nancing, and related programs, $20,000,000 are re15 scinded.

16 (b) SUDAN.—

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

18 Narcotics Control and Law Enforcement’’,

19 $10,000,000, for assistance for Sudan to support

20 formed police units, to remain available until Sep21 tember 30, 2009, and subject to prior consultation

22 with the Committees on Appropriations.

23 (2) Of the funds appropriated under the heading

24 ‘‘International Narcotics Control and Law Enforce25 ment’’ in prior acts making appropriations for for-
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1 eign operations, export financing, and related pro2 grams, $10,000,000 are rescinded.

3 (c) MEXICO.—Of the unobligated balances of funds ap4 propriated for ‘‘Iraq Relief and Reconstruction Fund’’ in

5 prior Acts making appropriations for foreign operations,

6 export financing, and related programs, $50,000,000 are re7 scinded, notwithstanding section 1402(g) of this Act.

8 (d) HORN OF AFRICA.—

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

10 Support Fund’’, $40,000,000 for programs to promote

11 development and counter extremism in the Horn of

12 Africa, to be administered by the United States Agen13 cy for International Development, and to remain

14 available until September 30, 2009.

15 (2) Of the unobligated balances of funds appro16 priated for ‘‘Iraq Relief and Reconstruction Fund’’ in

17 prior Acts making appropriations for foreign oper18 ations, export financing, and related programs,

19 $40,000,000 are rescinded, notwithstanding section

20 1402(g) of this Act.

21 (e) EXCEPTION.—Section 8002 of title VIII of this Act

22 shall not apply to subsections (a) and (b) of this section.

23 DARFUR PEACEKEEPING

24 SEC. 1411. Funds appropriated under the headings

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

26 Operations’’ by the Department of State, Foreign Oper-
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1 ations, and Related Programs Appropriations Act, 2008

2 (division J of Public Law 110–161) and by prior Acts mak3 ing appropriations for foreign operations, export financing,

4 and related programs may be used to transfer or lease heli5 copters necessary to the operations of the African Union/

6 United Nations peacekeeping operation in Darfur, Sudan,

7 that was established pursuant to United Nations Security

8 Council Resolution 1769. The President may utilize the au9 thority of sections 506 or 516 of the Foreign Assistance Act

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

11 Export Control Act (22 U.S.C. 2796) in order to effect such

12 transfer or lease, notwithstanding any other provision of

13 law except for sections 502B(a)(2), 620A and 620J of the

14 Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(2),

15 2371, 2378d) and section 40A of the Arms Export Control

16 Act (22 U.S.C. 2780). Any exercise of the authority of sec17 tion 506 of the Foreign Assistance Act pursuant to this sec18 tion may include the authority to acquire helicopters by

19 contract.

20 FOOD SECURITY AND CYCLONE NARGIS RELIEF

21 (INCLUDING RESCISSION OF FUNDS)

22 SEC. 1412. (a) For an additional amount for ‘‘Inter23 national Disaster Assistance’’, $225,000,000, to address the

24 international food crisis globally and for assistance for

25 Burma to address the effects of Cyclone Nargis: Provided,

26 That not less than $125,000,000 should be made available
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1 for the local or regional purchase and distribution of food

2 to address the international food crisis: Provided further,

3 That notwithstanding any other provision of law, none of

4 the funds appropriated under this heading may be made

5 available for assistance for the State Peace and Develop6 ment Council.

7 (b) Of the unexpended balances of funds appropriated

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

9 prior Acts making appropriations for foreign operations,

10 export financing and related programs, $225,000,000 are

11 rescinded.

12 (c) Section 8002 of title VIII of this Act shall not apply

13 to this section.

14 JORDAN

15 (INCLUDING RESCISSION OF FUNDS)

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

18 $100,000,000, to remain available until September 30,

19 2009.

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

21 Financing Program’’ for assistance for Jordan,

22 $200,000,000, to remain available until September 30,

23 2009.

24 (c) Of the unexpended balances of funds appropriated

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

26 prior Acts making appropriations for foreign operations,
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1 export financing, and related programs, $300,000,000 are

2 rescinded.

3 (d) Section 8002 of title VIII of this Act shall not

4 apply to this section.

5 ALLOCATIONS

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

7 following accounts shall be made available for programs

8 and countries in the amounts contained in the respective

9 tables included in the explanatory statement accompanying

10 this Act:

11 ‘‘Diplomatic and Consular Programs’’.

12 ‘‘Economic Support Fund’’.

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

14 contained in such tables in the statement accompanying

15 this Act shall be subject to the regular notification proce16 dures of the Committees on Appropriations and section

17 634A of the Foreign Assistance Act of 1961.

18 REPROGRAMMING AUTHORITY

19 SEC. 1415. Notwithstanding any other provision of

20 law, to include minimum funding requirements or funding

21 directives, funds made available under the headings ‘‘Devel22 opment Assistance’’ and ‘‘Economic Support Fund’’ in

23 prior Acts making appropriations for foreign operations,

24 export financing, and related programs may be made avail25 able to address critical food shortages, subject to prior con-
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1 sultation with, and the regular notification procedures of,

2 the Committees on Appropriations.

3 SPENDING PLANS AND NOTIFICATION PROCEDURES

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

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

8 appropriated under the headings in subchapter A, except

9 for funds appropriated under the headings ‘‘International

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

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

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

14 of State shall submit to the Committees on Appropriations

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

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

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

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

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

25 634A of the Foreign Assistance Act of 1961.
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1 TERMS AND CONDITIONS

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

3 funds appropriated, or otherwise made available, by this

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

7 (division J of Public Law 110–161).

8 TITLE II

9 DOMESTIC MATTERS

10 CHAPTER 1

11 DEPARTMENT OF HEALTH AND HUMAN

12 SERVICES

13 FOOD AND DRUG ADMINISTRATION

14 SALARIES AND EXPENSES

15 For an additional amount for salaries and expenses

16 of the Food and Drug Administration, $265,000,000, to re17 main available until September 30, 2009: Provided, That

18 of the amount provided: (1) $119,000,000 shall be for the

19 Center for Food Safety and Applied Nutrition and related

20 field activities in the Office of Regulatory Affairs; (2)

21 $48,500,000 shall be for the Center for Drug Evaluation

22 and Research and related field activities in the Office of

23 Regulatory Affairs; (3) $23,500,000 shall be for the Center

24 for Biologics Evaluation and Research and related field ac25 tivities in the Office of Regulatory Affairs; (4) $10,700,000
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1 shall be for the Center for Veterinary Medicine and related

2 field activities in the Office of Regulatory Affairs; (5)

3 $35,500,000 shall be for the Center for Devices and Radio4 logical Health and related field activities in the Office of

5 Regulatory Affairs; (6) $6,000,000 shall be for the National

6 Center for Toxicological Research; and (7) $21,800,000 shall

7 be for other activities, including the Office of the Commis8 sioner, the Office of Scientific and Medical Programs; the

9 Office of Policy, Planning and Preparedness; the Office of

10 International and Special Programs; the Office of Oper11 ations; and central services for these offices.

12 BUILDINGS AND FACILITIES

13 For an additional amount for plans, construction, re14 pair, improvement, extension, alteration, and purchase of

15 fixed equipment or facilities of or used by the Food and

16 Drug Administration, where not otherwise provided,

17 $10,000,000, to remain available until expended.

18 CHAPTER 2

19 DEPARTMENT OF COMMERCE

20 BUREAU OF THE CENSUS

21 PERIODIC CENSUSES AND PROGRAMS

22 For an additional amount for ‘‘Periodic Censuses and

23 Programs’’, $210,000,000, to remain available until ex24 pended, for necessary expenses related to the 2010 Decennial

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

26 transferred to the ‘‘Office of Inspector General’’ at the De-
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1 partment of Commerce for necessary expenses associated

2 with oversight activities of the 2010 Decennial Census: Pro3 vided further, That $1,000,000 shall be used only for a re4 imbursable agreement with the Defense Contract Manage5 ment Agency to provide continuing contract management

6 oversight of the 2010 Decennial Census.

7 DEPARTMENT OF JUSTICE

8 UNITED STATES MARSHALS SERVICE

9 SALARIES AND EXPENSES

10 For an additional amount for ‘‘Salaries and Ex11 penses’’, $50,000,000 for the United States Marshals Service

12 to implement and enforce the Adam Walsh Child Protection

13 and Safety Act (Public Law 109–248) to track down and

14 arrest non-compliant sex offenders.

15 FEDERAL PRISON SYSTEM

16 SALARIES AND EXPENSES

17 For an additional amount for ‘‘Salaries and Ex18 penses’’, $178,000,000, to remain available until September

19 30, 2008.

20 OFFICE OF JUSTICE PROGRAMS

21 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

22 For an additional amount for the Edward Byrne Me23 morial Justice Assistance Grant program as authorized by

24 subpart 1 of part E of title I of Omnibus Crime Control

25 and Safe Street Act of 1968 (‘‘1968 Act’’), (except that sec-
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1 tion 1001(c), and the special rules for Puerto Rico under

2 section 505(g), of the 1968 Act, shall not apply for purposes

3 of this Act), $490,000,000, to remain available until Sep4 tember 30, 2008.

5 For an additional amount for ‘‘State and Local Law

6 Enforcement Assistance’’, $100,000,000 for competitive

7 grants to provide assistance and equipment to local law en8 forcement along the Southern border and in High-Intensity

9 Drug Trafficking Areas to combat criminal narcotic activ10 ity stemming from the Southern border, of which

11 $10,000,000 shall be for the ATF Project Gunrunner.

12 SCIENCE

13 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 RETURN TOFLIGHT

15 For necessary expenses, not otherwise provided for, in

16 carrying out return to flight activities associated with the

17 space shuttle and activities from which funds were trans18 ferred to accommodate return to flight activities,

19 $200,000,000.

20 NATIONAL SCIENCE FOUNDATION

21 RESEARCH AND RELATED ACTIVITIES

22 For additional expenses in carrying out the National

23 Science Foundation Act of 1950, as amended (42 U.S.C.

24 1861–1875), $150,000,000.
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1 EDUCATION AND HUMAN RESOURCES

2 For additional expenses in carrying out science and

3 engineering education and human resources programs and

4 activities pursuant to the National Science Foundation Act

5 of 1950, as amended (42 U.S.C. 1861–1875), $50,000,000.

6 CHAPTER 3

7 DEPARTMENT OF ENERGY

8 NON-DEFENSE ENVIRONMENTAL CLEANUP

9 For an additional amount for ‘‘Non-Defense Environ10 mental Cleanup’’, $5,000,000, to remain available until ex11 pended.

12 URANIUM ENRICHMENT DECONTAMINATION AND

13 DECOMMISSIONING FUND

14 For an additional amount for ‘‘Uranium Enrichment

15 Decontamination and Decommissioning Fund’’,

16 $52,000,000, to remain available until expended.

17 SCIENCE

18 For an additional amount for ‘‘Science’’,

19 $100,000,000, to remain available until expended.

20 ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

21 DEFENSE ENVIRONMENTAL CLEANUP

22 For an additional amount for ‘‘Defense Environ23 mental Cleanup’’, $243,000,000, to remain available until

24 expended.
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1 GENERAL PROVISION—THIS CHAPTER

2 SEC. 2301. INCENTIVES FOR ADDITIONAL

3 DOWNBLENDING OF HIGHLY ENRICHED URANIUM BY THE

4 RUSSIAN FEDERATION. The USEC Privatization Act (42

5 U.S.C. 2297h et seq.) is amended—

6 (1) in section 3102, by striking ‘‘For purposes’’

7 and inserting ‘‘Except as provided in section 3112A,

8 for purposes’’;

9 (2) in section 3112(a), by striking ‘‘The Sec10 retary’’ and inserting ‘‘Except as provided in section

11 3112A(d), the Secretary’’; and

12 (3) by inserting after section 3112 the following:

13 ‘‘SEC. 3112A. INCENTIVES FOR ADDITIONAL

14 DOWNBLENDING OF HIGHLY ENRICHED URA15 NIUM BY THE RUSSIAN FEDERATION.

16 ‘‘(a) DEFINITIONS.—In this section:

17 ‘‘(1) COMPLETION OF THE RUSSIAN HEU AGREE18 MENT.—The term ‘completion of the Russian HEU

19 Agreement’ means the importation into the United

20 States from the Russian Federation pursuant to the

21 Russian HEU Agreement of uranium derived from

22 the downblending of not less than 500 metric tons of

23 highly enriched uranium of weapons origin.

24 ‘‘(2) DOWNBLENDING.—The term ‘downblending’

25 means processing highly enriched uranium into a
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1 uranium product in any form in which the uranium

2 contains less than 20 percent uranium-235.

3 ‘‘(3) HIGHLY ENRICHED URANIUM.—The term

4 ‘highly enriched uranium’ has the meaning given that

5 term in section 3102(4).

6 ‘‘(4) HIGHLY ENRICHED URANIUM OF WEAPONS

7 ORIGIN.—The term ‘highly enriched uranium of

8 weapons origin’ means highly enriched uranium

9 that—

10 ‘‘(A) contains 90 percent or more uranium11 235; and

12 ‘‘(B) is verified by the Secretary of Energy

13 to be of weapons origin.

14 ‘‘(5) LOW-ENRICHED URANIUM.—The term ‘low15 enriched uranium’ means a uranium product in any

16 form, including uranium hexafluoride (UF6) and

17 uranium oxide (UO2), in which the uranium contains

18 less than 20 percent uranium-235, without regard to

19 whether the uranium is incorporated into fuel rods or

20 complete fuel assemblies.

21 ‘‘(6) RUSSIAN HEU AGREEMENT.—The term

22 ‘Russian HEU Agreement’ has the meaning given

23 that term in section 3102(11).

24 ‘‘(7) URANIUM-235.—The term ‘uranium-235’

means the isotope 25 235U.
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1 ‘‘(b) STATEMENT OF POLICY.—It is the policy of the

2 United States to support the continued downblending of

3 highly enriched uranium of weapons origin in the Russian

4 Federation in order to protect the essential security interests

5 of the United States with respect to the nonproliferation

6 of nuclear weapons.

7 ‘‘(c) PROMOTION OF DOWNBLENDING OF RUSSIAN

8 HIGHLY ENRICHED URANIUM.—

9 ‘‘(1) INCENTIVES FOR THE COMPLETION OF THE

10 RUSSIAN HEU AGREEMENT.—Prior to the completion

11 of the Russian HEU Agreement, the importation into

12 the United States of low-enriched uranium, including

13 low-enriched uranium obtained under contracts for

14 separative work units, that is produced in the Rus15 sian Federation and is not imported pursuant to the

16 Russian HEU Agreement may not exceed the fol17 lowing amounts:

18 ‘‘(A) In each of the calendar years 2008 and

19 2009, not more than 22,500 kilograms.

20 ‘‘(B) In each of the calendar years 2010

21 and 2011, not more than 45,000 kilograms.

22 ‘‘(C) In calendar year 2012 and each cal23 endar year thereafter through the calendar year

24 of the completion of the Russian HEU Agree25 ment, not more than 67,500 kilograms.
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1 ‘‘(2) INCENTIVES TO CONTINUE DOWNBLENDING

2 RUSSIAN HIGHLY ENRICHED URANIUM AFTER THE

3 COMPLETION OF THE RUSSIAN HEU AGREEMENT.—

4 ‘‘(A) IN GENERAL.—In each calendar year

5 beginning after the calendar year of the comple6 tion of the Russian HEU Agreement and before

7 the termination date described in paragraph (8),

8 the importation into the United States of low-en9 riched uranium, including low-enriched ura10 nium obtained under contracts for separative

11 work units, that is produced in the Russian Fed12 eration, whether or not such low-enriched ura13 nium is derived from highly enriched uranium

14 of weapons origin, may not exceed 400,000 kilo15 grams.

16 ‘‘(B) ADDITIONAL IMPORTS.—

17 ‘‘(i) IN GENERAL.—In addition to the

18 amount authorized to be imported under

19 subparagraph (A) and except as provided in

20 clause (ii), 20 kilograms of low-enriched

21 uranium, whether or not such low-enriched

22 uranium is derived from highly enriched

23 uranium of weapons origin, may be im24 ported for every 3 kilograms of Russian

25 highly enriched uranium of weapons origin
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1 that was downblended in the preceding cal2 endar year, subject to the verification of the

3 Secretary of Energy under paragraph (10).

4 ‘‘(ii) MAXIMUM ANNUAL IMPORTS.—

5 Not more than 200,000 kilograms of low-en6 riched uranium may be imported in a cal7 endar year under clause (i).

8 ‘‘(3) EXCEPTION WITH RESPECT TO INITIAL

9 CORES.—The import limitations described in para10 graphs (1) and (2) shall not apply to low-enriched

11 uranium produced in the Russian Federation that is

12 imported into the United States for use in the initial

13 core of a new nuclear reactor.

14 ‘‘(4) ANNUAL ADJUSTMENT.—

15 ‘‘(A) IN GENERAL.—Beginning in the sec16 ond calendar year after the calendar year of the

17 completion of the Russian HEU Agreement, the

18 Secretary of Energy shall increase or decrease

19 the amount of low-enriched uranium that may

20 be imported in a calendar year under paragraph

21 (2) (including the amount of low-enriched ura22 nium that may be imported for each kilogram of

23 highly enriched uranium downblended under

24 paragraph (2)(B)(i)) by a percentage equal to

25 the percentage increase or decrease, as the case
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1 may be, in the average amount of uranium load2 ed into nuclear power reactors in the United

3 States in the most recent 3-calendar-year period

4 for which data are available, as reported by the

5 Energy Information Administration of the De6 partment of Energy, compared to the average

7 amount of uranium loaded into such reactors

8 during the 3-calendar-year period beginning on

9 January 1, 2011, as reported by the Energy In10 formation Administration.

11 ‘‘(B) PUBLICATION OF ADJUSTMENTS.—As

12 soon as practicable, but not later than July 31

13 of each calendar year, the Secretary of Energy

14 shall publish in the Federal Register the amount

15 of low-enriched uranium that may be imported

16 in the current calendar year after the adjustment

17 under subparagraph (A).

18 ‘‘(5) AUTHORITY FOR ADDITIONAL ADJUST19 MENT.—In addition to the annual adjustment under

20 paragraph (4), the Secretary of Commerce may adjust

21 the import limitations under paragraph (2)(A) for a

22 calendar year if the Secretary—

23 ‘‘(A) in consultation with the Secretary of

24 Energy, determines that the available supply of

25 low-enriched uranium from the Russian Federa-
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1 tion and the available stockpiles of uranium of

2 the Department of Energy are insufficient to

3 meet demand in the United States in the fol4 lowing calendar year; and

5 ‘‘(B) notifies Congress of the adjustment not

6 less than 45 days before making the adjustment.

7 ‘‘(6) EQUIVALENT QUANTITIES OF LOW-EN8 RICHED URANIUM IMPORTS.—

9 ‘‘(A) IN GENERAL.—The import limitations

10 described in paragraphs (1) and (2) are ex11 pressed in terms of uranium containing 4.4 per12 cent uranium-235 and a tails assay of 0.3 per13 cent.

14 ‘‘(B) ADJUSTMENT FOR OTHER URANIUM.—

15 Imports of low-enriched uranium under para16 graphs (1) and (2) shall count against the im17 port limitations described in such paragraphs in

18 amounts calculated as the quantity of low-en19 riched uranium containing 4.4 percent uranium20 235 necessary to equal the total amount of ura21 nium-235 contained in such imports.

22 ‘‘(7) DOWNBLENDING OF OTHER HIGHLY EN23 RICHED URANIUM.—

24 ‘‘(A) IN GENERAL.—The downblending of

25 highly enriched uranium not of weapons origin
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1 may be counted for purposes of paragraph (2)(B)

2 or (8)(B), subject to verification under para3 graph (10), if the Secretary of Energy deter4 mines that the highly enriched uranium to be

5 downblended poses a risk to the national security

6 of the United States.

7 ‘‘(B) EQUIVALENT QUANTITIES OF HIGHLY

8 ENRICHED URANIUM.—For purposes of deter9 mining the additional low-enriched uranium im10 ports allowed under paragraph (2)(B) and for

11 purposes of paragraph (8)(B), highly enriched

12 uranium not of weapons origin downblended

13 pursuant to subparagraph (A) shall count as

14 downblended highly enriched uranium of weap15 ons origin in amounts calculated as the quantity

16 of highly enriched uranium containing 90 per17 cent uranium-235 necessary to equal the total

18 amount of uranium-235 contained in the highly

19 enriched uranium not of weapons origin

20 downblended pursuant to subparagraph (A).

21 ‘‘(8) TERMINATION OF IMPORT RESTRICTIONS

22 AFTER DOWNBLENDING OF AN ADDITIONAL 300 MET23 RIC TONS OF HIGHLY ENRICHED URANIUM.—The pro24 visions of this subsection shall terminate on the later

25 of—
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1 ‘‘(A) December 31, 2020; or

2 ‘‘(B) the date on which the Secretary of En3 ergy certifies to Congress that, after the comple4 tion of the Russian HEU Agreement, not less

5 than an additional 300 metric tons of Russian

6 highly enriched uranium of weapons origin have

7 been downblended.

8 ‘‘(9) SPECIAL RULE IF IMPORTATION UNDER

9 RUSSIAN HEU AGREEMENT TERMINATES EARLY.—Not10 withstanding any other provision of law, no low-en11 riched uranium produced in the Russian Federation

12 that is not derived from highly enriched uranium of

13 weapons origin, including low-enriched uranium ob14 tained under contracts for separative work units, may

15 be imported into the United States if, before the com16 pletion of the Russian HEU Agreement, the Secretary

17 of Energy determines that the Russian Federation has

18 taken deliberate action to disrupt or halt the importa19 tion into the United States of low-enriched uranium

20 under the Russian HEU Agreement.

21 ‘‘(10) TECHNICAL VERIFICATIONS BY SECRETARY

22 OF ENERGY.—

23 ‘‘(A) IN GENERAL.—The Secretary of En24 ergy shall verify the origin, quantity, and ura25 nium-235 content of the highly enriched ura-
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1 nium downblended for purposes of paragraphs

2 (2)(B), (7), and (8)(B).

3 ‘‘(B) METHODS OF VERIFICATION.—In con4 ducting the verification required under subpara5 graph (A), the Secretary of Energy shall employ

6 the transparency measures provided for in the

7 Russian HEU Agreement for monitoring the

8 downblending of Russian highly enriched ura9 nium of weapons origin and such other methods

10 as the Secretary determines appropriate.

11 ‘‘(11) ENFORCEMENT OF IMPORT LIMITATIONS.—

12 The Secretary of Commerce shall be responsible for

13 enforcing the import limitations imposed under this

14 subsection and shall enforce such import limitations

15 in a manner that imposes a minimal burden on the

16 commercial nuclear industry.

17 ‘‘(12) EFFECT ON OTHER AGREEMENTS.—

18 ‘‘(A) RUSSIAN HEU AGREEMENT.—Nothing

19 in this section shall be construed to modify the

20 terms of the Russian HEU Agreement, including

21 the provisions of the Agreement relating to the

22 amount of low-enriched uranium that may be

23 imported into the United States.

24 ‘‘(B) OTHER AGREEMENTS.—If a provision

25 of any agreement between the United States and
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1 the Russian Federation, other than the Russian

2 HEU Agreement, relating to the importation of

3 low-enriched uranium into the United States

4 conflicts with a provision of this section, the pro5 vision of this section shall supersede the provi6 sion of the agreement to the extent of the conflict.

7 ‘‘(d) DOWNBLENDING OF HIGHLY ENRICHED URANIUM

8 IN THE UNITED STATES.—The Secretary of Energy may

9 sell uranium in the jurisdiction of the Secretary, including

10 downblended highly enriched uranium, at fair market value

11 to a licensed operator of a nuclear reactor in the United

12 States—

13 ‘‘(1) in the event of a disruption in the nuclear

14 fuel supply in the United States; or

15 ‘‘(2) after a determination of the Secretary under

16 subsection (c)(9) that the Russian Federation has

17 taken deliberate action to disrupt or halt the importa18 tion into the United States of low-enriched uranium

19 under the Russian HEU Agreement.’’.

20 CHAPTER 4

21 GENERAL PROVISION—THIS CHAPTER

22 SEC. 2401. VETERANS BUSINESS RESOURCE CEN23 TERS. There are appropriated, out of any money in the

24 Treasury not otherwise appropriated, for the fiscal year

25 ending September 30, 2008, $600,000 for the ‘‘Salaries and
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1 Expenses’’ account of the Small Business Administration,

2 for grants in the amount of $200,000 to veterans business

3 resource centers that received grants from the National Vet4 erans Business Development Corporation in fiscal years

5 2006 and 2007.

6 CHAPTER 5

7 GENERAL PROVISION—THIS CHAPTER

8 SEC. 2501. For fiscal year 2008, there is appropriated

9 $400,000,000, to remain available until December 31, 2008,

10 for payments described in sections 101, 102(b)(3), and

11 103(b)(2) of the Secure Rural Schools and Community Self12 Determination Act of 2000 (Public Law 106–393).

13 CHAPTER 6

14 DEPARTMENT OF LABOR

15 EMPLOYMENT AND TRAINING ADMINISTRATION

16 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

17 SERVICE OPERATIONS

18 For an additional amount for ‘‘State Unemployment

19 Insurance and Employment Service Operations’’ for grants

20 to the States for the administration of State unemployment

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

22 Employment Security Administration Account in the Un23 employment Trust Fund, to be used for unemployment in24 surance workloads experienced by the States through Sep-
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1 tember 30, 2008, which shall be available for Federal obliga2 tion through December 31, 2008.

3 DEPARTMENT OF HEALTH AND HUMAN

4 SERVICES

5 CENTERS FOR DISEASE CONTROL AND PREVENTION

6 DISEASE CONTROL, RESEARCH, AND TRAINING

7 For an additional amount for ‘‘Disease Control, Re8 search, and Training’’, $26,000,000, for the prevention of

9 and response to medical errors including research, edu10 cation and outreach activities; of which no less than

11 $5,000,000 shall be for responding to outbreaks of commu12 nicable diseases related to the re-use of syringes in out13 patient clinics, including reimbursement of local health de14 partments for testing and genetic sequencing of persons po15 tentially exposed.

16 NATIONAL INSTITUTES OF HEALTH

17 OFFICE OF THE DIRECTOR

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Office of the Director,

20 National Institutes of Health’’, $400,000,000.

21 GENERAL PROVISIONS—THIS CHAPTER

22 SEC. 2601. In addition to amounts otherwise made

23 available for fiscal year 2008, there are appropriated, out

24 of any money in the Treasury not otherwise appropriated,

25 $1,000,000,000 for fiscal year 2008, for making payments
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1 under the Low-Income Home Energy Assistance Act of 1981

2 (42 U.S.C. 8623).

3 SEC. 2602. REPORT ON THE IMPACT OF PAST AND FU4 TURE MINIMUM WAGE INCREASES. (a) IN GENERAL.—Sec5 tion 8104 of the U.S. Troop Readiness, Veterans’ Care,

6 Katrina Recovery, and Iraq Accountability Appropriations

7 Act, 2007 (Public Law 110–28; 121 Stat. 189) is amended

8 to read as follows:

9 ‘‘SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE

10 MINIMUM WAGE INCREASES.

11 ‘‘(a) STUDY.—Beginning on the date that is 60 days

12 after the date of enactment of this Act, and every year there13 after until the minimum wage in the respective territory

14 is $7.25 per hour, the Government Accountability Office

15 shall conduct a study to—

16 ‘‘(1) assess the impact of the minimum wage in17 creases that occurred in American Samoa and the

18 Commonwealth of the Northern Mariana Islands in

19 2007 and 2008, as required under Public Law 110–

20 28, on the rates of employment and the living stand21 ards of workers, with full consideration of the other

22 factors that impact rates of employment and the liv23 ing standards of workers such as inflation in the cost

24 of food, energy, and other commodities; and
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1 ‘‘(2) estimate the impact of any further wage in2 creases on rates of employment and the living stand3 ards of workers in American Samoa and the Com4 monwealth of the Northern Mariana Islands, with full

5 consideration of the other factors that may impact the

6 rates of employment and the living standards of

7 workers, including assessing how the profitability of

8 major private sector firms may be impacted by wage

9 increases in comparison to other factors such as en10 ergy costs and the value of tax benefits.

11 ‘‘(b) REPORT.—No earlier than March 15, 2009, and

12 not later than April 15, 2009, the Government Account13 ability Office shall transmit its first report to Congress con14 cerning the findings of the study required under subsection

15 (a). The Government Accountability Office shall transmit

16 any subsequent reports to Congress concerning the findings

17 of a study required by subsection (a) between March 15 and

18 April 15 of each year.

19 ‘‘(c) ECONOMIC INFORMATION.—To provide sufficient

20 economic data for the conduct of the study under subsection

21 (a)—

22 ‘‘(1) the Department of Labor shall include and

23 separately report on American Samoa and the Com24 monwealth of the Northern Mariana Islands in its

25 household surveys and establishment surveys;
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1 ‘‘(2) the Bureau of Economic Analysis of the De2 partment of Commerce shall include and separately

3 report on American Samoa and the Commonwealth of

4 the Northern Mariana Islands in its gross domestic

5 product data; and

6 ‘‘(3) the Bureau of the Census of the Department

7 of Commerce shall include and separately report on

8 American Samoa and the Commonwealth of the

9 Northern Mariana Islands in its population estimates

10 and demographic profiles from the American Commu11 nity Survey,

12 with the same regularity and to the same extent as the De13 partment or each Bureau collects and reports such data for

14 the 50 States. In the event that the inclusion of American

15 Samoa and the Commonwealth of the Northern Mariana

16 Islands in such surveys and data compilations requires

17 time to structure and implement, the Department of Labor,

18 the Bureau of Economic Analysis, and the Bureau of the

19 Census (as the case may be) shall in the interim annually

20 report the best available data that can feasibly be secured

21 with respect to such territories. Such interim reports shall

22 describe the steps the Department or the respective Bureau

23 will take to improve future data collection in the territories

24 to achieve comparability with the data collected in the

25 United States. The Department of Labor, the Bureau of
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1 Economic Analysis, and the Bureau of the Census, together

2 with the Department of the Interior, shall coordinate their

3 efforts to achieve such improvements.’’.

4 (b) EFFECTIVE DATE.—The amendment made by this

5 section shall take effect on the date of enactment of this Act.

6 CHAPTER 7

7 RELATED AGENCY

8 AMERICAN BATTLE MONUMENTS COMMISSION

9 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

10 For an additional amount for ‘‘Foreign Currency

11 Fluctuations Account’’, $10,000,000, to remain available

12 until expended, for purposes authorized by section 2109 of

13 title 36, United States Code.

14 TITLE III

15 HURRICANES KATRINA AND RITA, AND OTHER

16 NATURAL DISASTERS

17 CHAPTER 1

18 DEPARTMENT OF AGRICULTURE

19 FARM SERVICE AGENCY

20 EMERGENCY CONSERVATION PROGRAM

21 For the purposes of carrying out the Emergency Con22 servation Program, there is hereby appropriated

23 $49,413,000, to remain available until expended.
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1 NATURAL RESOURCES CONSERVATION SERVICE

2 WATERSHED AND FLOOD PREVENTION OPERATIONS

3 For an additional amount for ‘‘Watershed and Flood

4 Prevention Operations’’, for emergency recovery operations,

5 $130,464,000, to remain available until expended.

6 GENERAL PROVISION—THIS CHAPTER

7 (INCLUDING RESCISSION)

8 SEC. 3101. Of the funds made available in the second

9 paragraph under the heading ‘‘Rural Utilities Service,

10 Rural Electrification and Telecommunications Loans Pro11 gram Account’’ in chapter 1 of division B of the Depart12 ment of Defense, Emergency Supplemental Appropriations

13 to Address Hurricanes in the Gulf of Mexico, and Pandemic

14 Influenza Act, 2006 (Public Law 109–148; 119 Stat. 2746),

15 the Secretary may use an amount not to exceed $1,000,000

16 of remaining unobligated funds for the cost of loan modi17 fications to rural electric loans made or guaranteed under

18 the Rural Electrification Act of 1936, to respond to damage

19 caused by any weather related events since Hurricane

20 Katrina, to remain available until expended: Provided,

21 That $1,000,000 of the remaining unobligated funds under

22 such paragraph are rescinded.
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1 CHAPTER 2

2 DEPARTMENT OF COMMERCE

3 ECONOMIC DEVELOPMENT ADMINISTRATION

4 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

5 For an additional amount for economic development

6 assistance as provided by section 3082(a) of the Water Re7 sources Development Act of 2007 (Public Law 110–114),

8 $75,000,000.

9 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

10 OPERATIONS, RESEARCH, AND FACILITIES

11 For an additional amount for ‘‘Operations, Research,

12 and Facilities’’ for necessary expenses related to economic

13 impacts associated with commercial fishery failures, fishery

14 resource disasters, and regulations on commercial fishing

15 industries, $75,000,000.

16 DEPARTMENT OF JUSTICE

17 OFFICE OF JUSTICE PROGRAMS

18 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

19 For an additional amount for ‘‘State and Local Law

20 Enforcement Assistance’’, for discretionary grants author21 ized by subpart 2 of part E, of title I of the Omnibus Crime

22 Control and Safe Streets Act of 1968 as in effect on Sep23 tember 30, 2006, $75,000,000: Provided, That the amount

24 made available under this heading shall be for local law
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1 enforcement initiatives in the Gulf Coast region related to

2 the aftermath of Hurricane Katrina.

3 CHAPTER 3

4 DEPARTMENT OF DEFENSE—CIVIL

5 DEPARTMENT OF THE ARMY

6 CORPS OF ENGINEERS—CIVIL

7 CONSTRUCTION

8 For an additional amount for ‘‘Construction’’ for nec9 essary expenses related to the consequences of Hurricane

10 Katrina and other hurricanes of the 2005 season, and for

11 recovery from other natural disasters $5,033,345,000, to re12 main available until expended: Provided, That the Sec13 retary of the Army is directed to use $4,362,000,000 of the

14 funds appropriated under this heading to modify author15 ized projects in southeast Louisiana to provide hurricane

16 and storm damage reduction and flood damage reduction

17 in the greater New Orleans and surrounding areas to pro18 vide the levels of protection necessary to achieve the certifi19 cation required for participation in the National Flood In20 surance Program under the base flood elevations current at

21 the time of this construction; $1,657,000,000 shall be used

22 for the Lake Pontchartrain and Vicinity; $1,415,000,000

23 shall be used for the West Bank and Vicinity project; and

24 $1,290,000,000 shall be for elements of the Southeast Lou25 isiana Urban Drainage project, that are within the geo-
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1 graphic perimeter of the West Bank and Vicinity and Lake

2 Pontchartrain and Vicinity projects to provide for interior

3 drainage of runoff from rainfall with a 10 percent annual

4 exceedance probability: Provided further, That none of this

5 $4,362,000,000 shall become available for obligation until

6 October 1, 2008: Provided further, That non-Federal cost

7 allocations for these projects shall be consistent with the

8 cost-sharing provisions under which the projects were origi9 nally constructed: Provided further, That the

10 $1,315,000,000 non-Federal cost share for these projects

11 shall be repaid in accordance with provisions of section

12 103(k) of Public Law 99–662 over a period of 30 years:

13 Provided further, That the expenditure of funds as provided

14 above may be made without regard to individual amounts

15 or purposes except that any reallocation of funds that are

16 necessary to accomplish the established goals are authorized,

17 subject to the approval of the House and Senate Committees

18 on Appropriations: Provided further, That the Secretary of

19 the Army is directed to use $604,745,000 of the funds ap20 propriated under this heading to provide hurricane and

21 storm damage reduction, flood damage reduction and eco22 system restoration along the Gulf Coast of Mississippi and

23 surrounding areas generally as described in the Mobile Dis24 trict Engineer’s Mississippi Coastal Improvements Pro25 gram Comprehensive Plan Report; $173,615,000 shall be
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1 used for ecosystem restoration projects; $4,550,000 shall be

2 used for the Moss Point Municipal Relocation project;

3 $5,000,000 shall be used for the Waveland Floodproofing

4 project; $150,000 shall be used for the Mississippi Sound

5 Sub Aquatic Vegetation project; $15,430,000 shall be used

6 for the Coast-wide Dune Restoration project; $397,000,000

7 shall be used for the Homeowners Assistance and Relocation

8 project; and $9,000,000 shall be used for the Forrest Heights

9 Hurricane and Storm Damage Reduction project: Provided

10 further, That none of this $604,745,000 shall become avail11 able for obligation until October 1, 2008: Provided further,

12 That these projects shall be initiated only after non-Federal

13 interests have entered into binding agreements with the Sec14 retary requiring the non-Federal interests to pay 100 per15 cent of the operation, maintenance, repair, replacement,

16 and rehabilitation costs of the project and to hold and save

17 the United States free from damages due to the construction

18 or operation and maintenance of the project, except for

19 damages due to the fault or negligence of the United States

20 or its contractors: Provided further, That the $211,661,000

21 non-Federal cost share for these projects shall be repaid in

22 accordance with the provisions of section 103(k) of Public

23 Law 99–662 over a period of 30 years: Provided further,

24 That the expenditure of funds as provided above may be

25 made without regard to individual amounts or purposes ex-
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1 cept that any reallocation of funds that are necessary to

2 accomplish the established goals are authorized, subject to

3 the approval of the House and Senate Committees on Ap4 propriations: Provided further, That the Secretary of the

5 Army is directed to use $66,600,000 of the funds appro6 priated under this heading to address emergency situations

7 at Corps of Engineers projects and rehabilitate and repair

8 damages to Corps projects caused by recent natural disas9 ters: Provided further, That the Chief of Engineers, acting

10 through the Assistant Secretary of the Army for Civil

11 Works, shall provide a monthly report to the House and

12 Senate Committees on Appropriations detailing the alloca13 tion and obligation of these funds, beginning not later than

14 60 days after enactment of this Act.

15 MISSISSIPPI RIVER AND TRIBUTARIES

16 For an additional amount for ‘‘Mississippi River and

17 Tributaries’’ for recovery from natural disasters,

18 $17,700,000, to remain available until expended to repair

19 damages to Federal projects caused by recent natural disas20 ters.

21 OPERATIONS AND MAINTENANCE

22 For an additional amount for ‘‘Operations and Main23 tenance’’ to dredge navigation channels and repair other

24 Corps projects related to natural disasters, $338,800,000,

25 to remain available until expended: Provided, That the

26 Chief of Engineers, acting through the Assistant Secretary
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1 of the Army for Civil Works, shall provide a monthly report

2 to the House and Senate Committees on Appropriations de3 tailing the allocation and obligation of these funds, begin4 ning not later than 60 days after enactment of this Act.

5 FLOOD CONTROL AND COASTAL EMERGENCIES

6 For an additional amount for ‘‘Flood Control and

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

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

9 relating to the consequences of Hurricane Katrina and other

10 hurricanes, and for recovery from other natural disasters,

11 $3,368,400,000, to remain available until expended: Pro12 vided, That the Secretary of the Army is directed to use

13 $2,926,000,000 of the funds appropriated under this head14 ing to modify, at full Federal expense, authorized projects

15 in southeast Louisiana to provide hurricane and storm

16 damage reduction and flood damage reduction in the great17 er New Orleans and surrounding areas; $704,000,000 shall

18 be used to modify the 17th Street, Orleans Avenue, and Lon19 don Avenue drainage canals and install pumps and closure

20 structures at or near the lakefront; $90,000,000 shall be used

21 for storm-proofing interior pump stations to ensure the

22 operability of the stations during hurricanes, storms, and

23 high water events; $459,000,000 shall be used for armoring

24 critical elements of the New Orleans hurricane and storm

25 damage reduction system; $53,000,000 shall be used to im26 prove protection at the Inner Harbor Navigation Canal;
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1 $456,000,000 shall be used to replace or modify certain non2 Federal levees in Plaquemines Parish to incorporate the lev3 ees into the existing New Orleans to Venice hurricane pro4 tection project; $412,000,000 shall be used for reinforcing

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

6 Pontchartrain and Vicinity project and the existing West

7 Bank and Vicinity project to improve the performance of

8 the systems; $393,000,000 shall be used for repair and res9 toration of authorized protections and floodwalls;

10 $359,000,000 shall be to complete the authorized protection

11 for the Lake Ponchartrain and Vicinity Project and for the

12 West Bank and Vicinity Project: Provided further, That

13 none of this $2,926,000,000 shall become available for obli14 gation until October 1, 2008: Provided further, That any

15 project using funds appropriated under this heading shall

16 be initiated only after non-Federal interests have entered

17 into binding agreements with the Secretary requiring the

18 non-Federal interests to pay 100 percent of the operation,

19 maintenance, repair, replacement, and rehabilitation costs

20 of the project and to hold and save the United States free

21 from damages due to the construction or operation and

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

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

24 Provided further, That the Secretary of the Army, within

25 available funds, is directed to continue the NEPA alter-
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1 native evaluation of all options with particular attention

2 to Options 1, 2 and 2a of the report to Congress, dated Au3 gust 30, 2007, provided in response to the requirements of

4 chapter 3, section 4303 of Public Law 110–28, and within

5 90 days of enactment of this Act provide the House and

6 Senate Committees on Appropriations cost estimates to im7 plement Options 1, 2 and 2a of the above cited report: Pro8 vided further, That the expenditure of funds as provided

9 above may be made without regard to individual amounts

10 or purposes except that any reallocation of funds that are

11 necessary to accomplish the established goals are authorized,

12 subject to the approval of the House and Senate Committees

13 on Appropriations: Provided further, That $348,000,000 of

14 the amount provided under this heading shall be used for

15 barrier island restoration and ecosystem restoration to re16 store historic levels of storm damage reduction to the Mis17 sissippi Gulf Coast: Provided further, That none of this

18 $348,000,000 shall become available for obligation until Oc19 tober 1, 2008: Provided further, That this work shall be car20 ried out at full Federal expense: Provided further, That the

21 Secretary of the Army is directed to use $94,400,000 of the

22 funds appropriated under this heading to support emer23 gency operations, to repair eligible projects nationwide, and

24 for other activities in response to recent natural disasters:

25 Provided further, That the Chief of Engineers, acting
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1 through the Assistant Secretary of the Army for Civil

2 Works, shall provide a monthly report to the House and

3 Senate Committees on Appropriations detailing the alloca4 tion and obligation of these funds, beginning not later than

5 60 days after enactment of this Act.

6 GENERAL EXPENSES

7 For an additional amount for ‘‘General Expenses’’ for

8 increased efforts by the Mississippi Valley Division to over9 see emergency response and recovery activities related to the

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

11 $1,500,000, to remain available until expended.

12 CHAPTER 4

13 GENERAL PROVISIONS—THIS CHAPTER

14 SEC. 3401. Notwithstanding any other provision of

15 law, and not later than 30 days after the date of submission

16 of a request for a single payment, the Federal Emergency

17 Management Agency shall provide a single payment for any

18 eligible costs under section 406 of the Robert T. Stafford

19 Disaster Relief and Emergency Assistance Act for any po20 lice station, fire station, or criminal justice facility that

21 was damaged by Hurricane Katrina of 2005 or Hurricane

22 Rita of 2005: Provided, That nothing in this section may

23 be construed to alter the appeal or review process relating

24 to assistance provided under section 406 of the Robert T.

25 Stafford Disaster Relief and Emergency Assistance Act:

26 Provided further, That the Federal Emergency Management
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1 Agency shall not reduce the amount of assistance provided

2 under section 406(c)(1) of the Robert T. Stafford Disaster

3 Relief and Emergency Assistance Act for such facilities.

4 SEC. 3402. Until such time as the updating of flood

5 insurance rate maps under section 19 of the Flood Mod6 ernization Act of 2007 is completed (as determined by the

7 district engineer) for all areas located in the St. Louis Dis8 trict of the Mississippi Valley Division of the Corps of Engi9 neers, the Administrator of the Federal Emergency Manage10 ment Agency shall not adjust the chargeable premium rate

11 for flood insurance under this section for any type or class

12 of property located in an area in that District nor require

13 the purchase of flood insurance for any type or class of

14 property located in an area in that District not subject to

15 such purchase requirement prior to the updating of such

16 national flood insurance program rate map: Provided, That

17 for purposes of this section, the term ‘‘area’’ does not include

18 any area (or subdivision thereof) that has chosen not to par19 ticipate in the flood insurance program under this section

20 as of the date of enactment of this Act.
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1 CHAPTER 5

2 DEPARTMENT OF THE INTERIOR

3 BUREAU OF LAND MANAGEMENT

4 WILDLAND FIRE MANAGEMENT

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Wildland Fire Man7 agement’’, $125,000,000, to remain available until ex8 pended, of which $100,000,000 is for emergency wildland

9 fire suppression activities, and of which $25,000,000 is for

10 rehabilitation and restoration of Federal lands: Provided,

11 That emergency wildland fire suppression funds are also

12 available for repayment to other appropriations accounts

13 from which funds were transferred for wildfire suppression.

14 NATIONAL PARK SERVICE

15 HISTORIC PRESERVATION FUND

16 For an additional amount for the ‘‘Historic Preserva17 tion Fund’’, for expenses related to the consequences of Hur18 ricane Katrina, $15,000,000, to remain available until ex19 pended: Provided, That the funds provided under this head20 ing shall be provided to the Louisiana State Historic Pres21 ervation Officer, after consultation with the National Park

22 Service, for grants for restoration and rehabilitation at

23 Jackson Barracks: Provided further, That no more than 5

24 percent of funds provided under this heading for disaster

25 relief grants may be used for administrative expenses.
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1 ENVIRONMENTAL PROTECTION AGENCY

2 STATE AND TRIBAL ASSISTANCE GRANTS

3 For an additional amount for ‘‘State and Tribal As4 sistance Grants’’, for expenses related to the consequences

5 of Hurricane Katrina, $5,000,000, to remain available

6 until expended, for a grant to Cameron Parish, Louisiana,

7 for construction of drinking water, wastewater and storm

8 water infrastructure and for water quality protection: Pro9 vided, That for purposes of this grant, the grantee shall con10 tribute not less than 45 percent of the cost of the project

11 unless the grantee is approved for a waiver by the Agency.

12 DEPARTMENT OF AGRICULTURE

13 FOREST SERVICE

14 WILDLAND FIRE MANAGEMENT

15 (INCLUDING TRANSFERS OF FUNDS)

16 For an additional amount for ‘‘Wildland Fire Man17 agement’’, $325,000,000, to remain available until ex18 pended, of which $250,000,000 shall be available for emer19 gency wildfire suppression, and of which $75,000,000 shall

20 be available for rehabilitation and restoration of Federal

21 lands and may be transferred to other Forest Service ac22 counts as necessary: Provided, That emergency wildfire sup23 pression funds are also available for repayment to other ap24 propriations accounts from which funds were transferred

25 for wildfire suppression.
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1 CHAPTER 6

2 DEPARTMENT OF HEALTH AND HUMAN

3 SERVICES

4 CENTERS FOR MEDICARE AND MEDICAID SERVICES

5 For grants to States, consistent with section

6 6201(a)(4) of the Deficit Reduction Act of 2005, to make

7 payments as defined by the Secretary in the methodology

8 used for the Provider Stabilization grants to those Medicare

9 participating general acute care hospitals, as defined in sec10 tion 1886(d) of the Social Security Act, and currently oper11 ating in Jackson, Forrest, Hancock, and Harrison Counties

12 of Mississippi and Orleans and Jefferson Parishes of Lou13 isiana which continue to experience severe financial exigen14 cies and other economic losses attributable to Hurricane

15 Katrina or its subsequent flooding, and are in need of sup16 plemental funding to relieve the financial pressures these

17 hospitals face resulting from increased wage rates in hiring

18 and retaining staff in order to stabilize access to patient

19 care, $350,000,000, to be made available until September

20 30, 2010.
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1 CHAPTER 7

2 MILITARY CONSTRUCTION

3 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

4 (INCLUDING RESCISSION OF FUNDS)

5 For an additional amount for ‘‘Military Construction,

6 Army National Guard’’, $11,503,000, to remain available

7 until September 30, 2012: Provided, That such funds may

8 be obligated or expended for planning and design and mili9 tary construction projects not otherwise authorized by law:

10 Provided further, That of the funds appropriated for ‘‘Mili11 tary Construction, Army National Guard’’ under Public

12 Law 109–234, $7,000,000 are hereby rescinded.

13 GENERAL PROVISION—THIS CHAPTER

14 SEC. 3701. Within the funds available in the Depart15 ment of Defense Family Housing Improvement Fund as

16 credited in accordance with 10 U.S.C. 2883(c), $10,500,000

17 shall be available for use at the Naval Construction Bat18 talion Center, Gulfport, Mississippi, under the terms and

19 conditions specified by 10 U.S.C. 2883, to remain available

20 until expended.
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1 CHAPTER 8

2 DEPARTMENT OF TRANSPORTATION

3 FEDERAL-AID HIGHWAYS

4 EMERGENCY RELIEF PROGRAM

5 For an additional amount for the Emergency Relief

6 Program as authorized under section 125 of title 23, United

7 States Code, for eligible disasters occurring in fiscal years

8 2005 to the present, $451,126,383, to remain available until

9 expended.

10 DEPARTMENT OF HOUSING AND URBAN

11 DEVELOPMENT

12 PERMANENT SUPPORTIVE HOUSING

13 For the provision of permanent supportive housing

14 units as identified in the plan of the Louisiana Recovery

15 Authority and approved by the Secretary of Housing and

16 Urban Development, $73,000,000 to remain available until

17 expended, of which not less than $20,000,000 shall be for

18 project-based vouchers under section 8(o)(13) of the United

19 States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), not

20 less than $50,000,000 shall be for grants under the Shelter

21 Plus Care Program as authorized under subtitle F of title

22 IV of the McKinney-Vento Homeless Assistance Act (42

23 U.S.C. 11403 et seq.), and not more than $3,000,000 shall

24 be for related administrative expenses of the State of Lou25 isiana or its designee or designees: Provided, That the Sec-
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1 retary of Housing and Urban Development shall, upon re2 quest, make funds available under this paragraph to the

3 State of Louisiana or its designee or designees: Provided

4 further, That notwithstanding any other provision of law,

5 for the purpose of administering the amounts provided

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

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

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

9 Housing Act of 1937 (42 U.S.C. 1437a(b)(6)): Provided fur10 ther, That subparagraphs (B) and (D) of section 8(o)(13)

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

12 1437f(o)(13)) shall not apply with respect to vouchers made

13 available under this paragraph.

14 PROJECT-BASED RENTAL ASSISTANCE

15 For an additional amount to areas impacted by Hur16 ricane Katrina in the State of Mississippi for project-based

17 vouchers under section 8(o)(13) of the United States Hous18 ing Act of 1937 (42 U.S.C. 1437f(o)13)), $20,000,000, to

19 remain available until expended.

20 HOUSING TRANSITION ASSISTANCE

21 For an additional amount to the State of Louisiana

22 for case management and housing transition services for

23 families in areas impacted by Hurricanes Katrina and

24 Rita of 2005, $3,000,000, to remain available until ex25 pended.
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1 COMMUNITY DEVELOPMENT FUND

2 For an additional amount for the ‘‘Community devel3 opment fund’’ for necessary expenses related to any uncom4 pensated housing damage directly related to the con5 sequences of Hurricane Katrina in the State of Alabama,

6 $50,000,000, to remain available until expended: Provided,

7 That prior to the obligation of funds the State shall submit

8 a plan to the Secretary detailing the proposed use of all

9 funds, including criteria for eligibility and how the use of

10 these funds will address uncompensated housing damage:

11 Provided further, That such funds may not be used for ac12 tivities reimbursable by or for which funds are made avail13 able by the Federal Emergency Management Agency: Pro14 vided further, That the State may use up to 5 percent of

15 its allocation for administrative costs: Provided further,

16 That in administering the funds under this paragraph, the

17 Secretary of Housing and Urban Development may waive,

18 or specify alternative requirements for, any provision of

19 any statute or regulation that the Secretary administers in

20 connection with the obligation by the Secretary or the use

21 by the recipient of these funds or guarantees (except for re22 quirements related to fair housing, nondiscrimination,

23 labor standards, and the environment), upon a request by

24 the State that such waiver is required to facilitate the use

25 of such funds or guarantees, and a finding by the Secretary
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1 that such waiver would not be inconsistent with the overall

2 purpose of the statute: Provided further, That the Secretary

3 may waive the requirement that activities benefit persons

4 of low and moderate income, except that at least 50 percent

5 of the funds made available under this heading must benefit

6 primarily persons of low and moderate income unless the

7 Secretary otherwise makes a finding of compelling need:

8 Provided further, That the Secretary shall publish in the

9 Federal Register any waiver of any statute or regulation

10 that the Secretary administers pursuant to title I of the

11 Housing and Community Development Act of 1974 no later

12 than 5 days before the effective date of such waiver.

13 (RESCISSION)

14 Of the unobligated balances remaining from funds ap15 propriated under this heading by section 159 of Public Law

16 110–116 for the Louisiana Road Home program,

17 $200,000,000 are rescinded.

18 TITLE IV—VETERANS

19 EDUCATIONAL ASSISTANCE

20 SEC. 4001. SHORT TITLE.

21 This title may be cited as the ‘‘Post-9/11 Veterans Edu22 cational Assistance Act of 2008’’.

23 SEC. 4002. FINDINGS.

24 Congress makes the following findings:

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

26 the United States, and the brave members of the
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1 Armed Forces of the United States were called to the

2 defense of the Nation.

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

4 has been especially arduous for the members of the

5 Armed Forces since September 11, 2001.

6 (3) The United States has a proud history of of7 fering educational assistance to millions of veterans,

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

9 since World War II. Educational assistance for vet10 erans helps reduce the costs of war, assist veterans in

11 readjusting to civilian life after wartime service, and

12 boost the United States economy, and has a positive

13 effect on recruitment for the Armed Forces.

14 (4) The current educational assistance program

15 for veterans is outmoded and designed for peacetime

16 service in the Armed Forces.

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

18 military service and recognize the difficult challenges

19 involved in readjusting to civilian life after wartime

20 service in the Armed Forces.

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

22 States to provide veterans who serve on active duty

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

24 enhanced educational assistance benefits that are wor25 thy of such service and are commensurate with the
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1 educational assistance benefits provided by a grateful

2 Nation to veterans of World War II.

3 SEC. 4003. EDUCATIONAL ASSISTANCE FOR MEMBERS OF

4 THE ARMED FORCES WHO SERVE AFTER SEP5 TEMBER 11, 2001.

6 (a) EDUCATIONAL ASSISTANCE AUTHORIZED.—

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

8 States Code, is amended by inserting after chapter 32

9 the following new chapter:

10 ‘‘CHAPTER 33—POST–9/11 EDUCATIONAL

11 ASSISTANCE

‘‘SUBCHAPTER I—DEFINITIONS

‘‘Sec.

‘‘3301. Definitions.

‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE

‘‘3311. Educational assistance for service in the Armed Forces commencing on or

after September 11, 2001: entitlement.

‘‘3312. Educational assistance: duration.

‘‘3313. Educational assistance: amount; payment.

‘‘3314. Tutorial assistance.

‘‘3315. Licensure and certification tests.

‘‘3316. Supplemental educational assistance: members with critical skills or specialty; members serving additional service.

‘‘3317. Public-private contributions for additional educational assistance.

‘‘3318. Additional assistance: relocation or travel assistance for individual relocating or traveling significant distance for pursuit of a program

of education.

‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS

‘‘3321. Time limitation for use of and eligibility for entitlement.

‘‘3322. Bar to duplication of educational assistance benefits.

‘‘3323. Administration.

‘‘3324. Allocation of administration and costs.

12 ‘‘SUBCHAPTER I—DEFINITIONS

13 ‘‘§ 3301. Definitions

14 ‘‘In this chapter:
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1 ‘‘(1) The term ‘active duty’ has the meanings as

2 follows (subject to the limitations specified in sections

3 3002(6) and 3311(b) of this title):

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

5 components of the Armed Forces, the meaning

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

7 title.

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

9 components of the Armed Forces, service on ac10 tive duty under a call or order to active duty

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

12 12302, or 12304 of title 10.

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

14 means the following:

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

16 Basic Combat Training and Advanced Indi17 vidual Training.

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

19 Recruit Training (or Boot Camp) and Skill

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

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

22 Force, Basic Military Training and Technical

23 Training.
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1 ‘‘(D) In the case of members of the Marine

2 Corps, Recruit Training and Marine Corps

3 Training (or School of Infantry Training).

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

5 Guard, Basic Training.

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

7 meaning the meaning given such term in section 3002

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

9 section 3313 of this title.

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

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

12 ‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE

13 ‘‘§ 3311. Educational assistance for service in the

14 Armed Forces commencing on or after

15 September 11, 2001: entitlement

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

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

18 to educational assistance under this chapter.

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

20 in this subsection is any individual as follows:

21 ‘‘(1) An individual who—

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

23 2001, serves an aggregate of at least 36 months

24 on active duty in the Armed Forces (including
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1 service on active duty in entry level and skill

2 training); and

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

4 subparagraph (A)—

5 ‘‘(i) continues on active duty; or

6 ‘‘(ii) is discharged or released from ac7 tive duty as described in subsection (c).

8 ‘‘(2) An individual who—

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

10 2001, serves at least 30 continuous days on ac11 tive duty in the Armed Forces; and

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

13 subparagraph (A), is discharged or released from

14 active duty in the Armed Forces for a service15 connected disability.

16 ‘‘(3) An individual who—

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

18 2001, serves an aggregate of at least 30 months,

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

20 Armed Forces (including service on active duty

21 in entry level and skill training); and

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

23 subparagraph (A)—

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

25 aggregate of less than 36 months; or
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1 ‘‘(ii) before completion of service on ac2 tive duty of an aggregate of 36 months, is

3 discharged or released from active duty as

4 described in subsection (c).

5 ‘‘(4) An individual who—

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

7 2001, serves an aggregate of at least 24 months,

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

9 Armed Forces (including service on active duty

10 in entry level and skill training); and

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

12 subparagraph (A)—

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

14 aggregate of less than 30 months; or

15 ‘‘(ii) before completion of service on ac16 tive duty of an aggregate of 30 months, is

17 discharged or released from active duty as

18 described in subsection (c).

19 ‘‘(5) An individual who—

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

21 2001, serves an aggregate of at least 18 months,

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

23 Armed Forces (excluding service on active duty

24 in entry level and skill training); and
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1 ‘‘(B) after completion of service described in

2 subparagraph (A)—

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

4 aggregate of less than 24 months; or

5 ‘‘(ii) before completion of service on ac6 tive duty of an aggregate of 24 months, is

7 discharged or released from active duty as

8 described in subsection (c).

9 ‘‘(6) An individual who—

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

11 2001, serves an aggregate of at least 12 months,

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

13 Armed Forces (excluding service on active duty

14 in entry level and skill training); and

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

16 subparagraph (A)—

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

18 aggregate of less than 18 months; or

19 ‘‘(ii) before completion of service on ac20 tive duty of an aggregate of 18 months, is

21 discharged or released from active duty as

22 described in subsection (c).

23 ‘‘(7) An individual who—

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

25 2001, serves an aggregate of at least 6 months,
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1 but less than 12 months, on active duty in the

2 Armed Forces (excluding service on active duty

3 in entry level and skill training); and

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

5 subparagraph (A)—

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

7 aggregate of less than 12 months; or

8 ‘‘(ii) before completion of service on ac9 tive duty of an aggregate of 12 months, is

10 discharged or released from active duty as

11 described in subsection (c).

12 ‘‘(8) An individual who—

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

14 2001, serves an aggregate of at least 90 days, but

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

16 Forces (excluding service on active duty in entry

17 level and skill training); and

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

19 subparagraph (A)—

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

21 aggregate of less than 6 months; or

22 ‘‘(ii) before completion of service on ac23 tive duty of an aggregate of 6 months, is

24 discharged or released from active duty as

25 described in subsection (c).
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1 ‘‘(c) COVERED DISCHARGES AND RELEASES.—A dis2 charge or release from active duty of an individual de3 scribed in this subsection is a discharge or release as follows:

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

5 Forces with an honorable discharge.

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

7 Armed Forces characterized by the Secretary con8 cerned as honorable service and placement on the re9 tired list, transfer to the Fleet Reserve or Fleet Ma10 rine Corps Reserve, or placement on the temporary

11 disability retired list.

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

13 Forces for further service in a reserve component of

14 the Armed Forces after service on active duty charac15 terized by the Secretary concerned as honorable serv16 ice.

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

18 the Armed Forces for—

19 ‘‘(A) a medical condition which preexisted

20 the service of the individual as described in the

21 applicable paragraph of subsection (b) and

22 which the Secretary determines is not service23 connected;

24 ‘‘(B) hardship; or
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1 ‘‘(C) a physical or mental condition that

2 was not characterized as a disability and did

3 not result from the individual’s own willful mis4 conduct but did interfere with the individual’s

5 performance of duty, as determined by the Sec6 retary concerned in accordance with regulations

7 prescribed by the Secretary of Defense.

8 ‘‘(d) PROHIBITION ON TREATMENT OF CERTAIN SERV9 ICE AS PERIOD OF ACTIVE DUTY.—The following periods

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

11 active duty on which an individual’s entitlement to edu12 cational assistance under this chapter is based:

13 ‘‘(1) A period of service on active duty of an offi14 cer pursuant to an agreement under section 2107(b)

15 of title 10.

16 ‘‘(2) A period of service on active duty of an offi17 cer pursuant to an agreement under section 4348,

18 6959, or 9348 of title 10.

19 ‘‘(3) A period of service that is terminated be20 cause of a defective enlistment and induction based

21 on—

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

23 purposes of service in the Armed Forces;

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

25 or
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1 ‘‘(C) a defective enlistment agreement.

2 ‘‘(e) TREATMENT OF INDIVIDUALS ENTITLED UNDER

3 MULTIPLE PROVISIONS.—In the event an individual enti4 tled to educational assistance under this chapter is entitled

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

6 the individual shall be treated as being entitled to edu7 cational assistance under this chapter by reason of para8 graph (5) of such subsection.

9 ‘‘§ 3312. Educational assistance: duration

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

11 and except as provided in subsections (b) and (c), an indi12 vidual entitled to educational assistance under this chapter

13 is entitled to a number of months of educational assistance

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

15 ‘‘(b) CONTINUING RECEIPT.—The receipt of edu16 cational assistance under section 3313 of this title by an

17 individual entitled to educational assistance under this

18 chapter is subject to the provisions of section 3321(b)(2) of

19 this title.

20 ‘‘(c) DISCONTINUATION OF EDUCATION FOR ACTIVE

21 DUTY.—(1) Any payment of educational assistance de22 scribed in paragraph (2) shall not—

23 ‘‘(A) be charged against any entitlement to edu24 cational assistance of the individual concerned under

25 this chapter; or
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1 ‘‘(B) be counted against the aggregate period for

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

3 receipt of educational assistance under this chapter.

4 ‘‘(2) Subject to paragraph (3), the payment of edu5 cational assistance described in this paragraph is the pay6 ment of such assistance to an individual for pursuit of a

7 course or courses under this chapter if the Secretary finds

8 that the individual—

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

10 on active duty, had to discontinue such course pursuit

11 as a result of being called or ordered to serve on ac12 tive duty under section 688, 12301(a), 12301(d),

13 12301(g), 12302, or 12304 of title 10; or

14 ‘‘(ii) in the case of an individual serving on ac15 tive duty, had to discontinue such course pursuit as

16 a result of being ordered to a new duty location or

17 assignment or to perform an increased amount of

18 work; and

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

20 toward completion of the individual’s approved edu21 cation, professional, or vocational objective as a result

22 of having to discontinue, as described in subpara23 graph (A), the individual’s course pursuit.

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

25 educational assistance is not charged against entitlement
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1 or counted toward the applicable aggregate period under

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

3 period of enrollment in the course or courses from which

4 the individual failed to receive credit or with respect to

5 which the individual lost training time, as determined

6 under paragraph (2)(B).

7 ‘‘§ 3313. Educational assistance: amount; payment

8 ‘‘(a) PAYMENT.—The Secretary shall pay to each indi9 vidual entitled to educational assistance under this chapter

10 who is pursuing an approved program of education (other

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

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

13 such individual’s subsistence, tuition, fees, and other edu14 cational costs for pursuit of such program of education.

15 ‘‘(b) APPROVED PROGRAMS OF EDUCATION.—A pro16 gram of education is an approved program of education

17 for purposes of this chapter if the program of education is

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

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

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

21 by the State approving agency concerned).

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

23 amounts payable under this subsection for pursuit of an

24 approved program of education are amounts as follows:
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1 ‘‘(1) In the case of an individual entitled to edu2 cational assistance under this chapter by reason of

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

4 as follows:

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

6 charges for the program of education, except that

7 the amount payable under this subparagraph

8 may not exceed the maximum amount of estab9 lished charges regularly charged in-State stu10 dents for full-time pursuit of approved programs

11 of education for undergraduates by the public in12 stitution of higher education offering approved

13 programs of education for undergraduates in the

14 State in which the individual is enrolled that

15 has the highest rate of regularly-charged estab16 lished charges for such programs of education

17 among all public institutions of higher education

18 in such State offering such programs of edu19 cation.

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

21 follows:

22 ‘‘(i) For each month the individual

23 pursues the program of education, other

24 than a program of education offered through

25 distance learning, a monthly housing sti-
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1 pend amount equal to the monthly amount

2 of the basic allowance for housing payable

3 under section 403 of title 37 for a member

4 with dependents in pay grade E–5 residing

5 in the military housing area that encom6 passes all or the majority portion of the

7 ZIP code area in which is located the insti8 tution of higher education at which the in9 dividual is enrolled.

10 ‘‘(ii) For the first month of each quar11 ter, semester, or term, as applicable, of the

12 program of education pursued by the indi13 vidual, a lump sum amount for books, sup14 plies, equipment, and other educational

15 costs with respect to such quarter, semester,

16 or term in the amount equal to—

17 ‘‘(I) $1,000, multiplied by

18 ‘‘(II) the fraction which is the

19 portion of a complete academic year

20 under the program of education that

21 such quarter, semester, or term con22 stitutes.

23 ‘‘(2) In the case of an individual entitled to edu24 cational assistance under this chapter by reason of

25 section 3311(b)(3) of this title, amounts equal to 90
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1 percent of the amounts that would be payable to the

2 individual under paragraph (1) for the program of

3 education if the individual were entitled to amounts

4 for the program of education under paragraph (1)

5 rather than this paragraph.

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

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

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

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

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

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

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

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

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

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

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

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

23 amounts payable under paragraphs (2) through (7) of sub24 section (c), for pursuit of a program of education shall be
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1 made for the entire quarter, semester, or term, as applicable,

2 of the program of education.

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

4 (c)(1)(B), and of similar amounts payable under para5 graphs (2) through (7) of subsection (c), for pursuit of a

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

7 ‘‘(3) The Secretary shall prescribe in regulations meth8 ods for determining the number of months (including frac9 tions thereof) of entitlement of an individual to educational

10 assistance this chapter that are chargeable under this chap11 ter for an advance payment of amounts under paragraphs

12 (1) and (2) for pursuit of a program of education on a

13 quarter, semester, term, or other basis.

14 ‘‘(e) PROGRAMS OF EDUCATION PURSUED ON ACTIVE

15 DUTY.—(1) Educational assistance is payable under this

16 chapter for pursuit of an approved program of education

17 while on active duty.

18 ‘‘(2) The amount of educational assistance payable

19 under this chapter to an individual pursuing a program

20 of education while on active duty is the lesser of—

21 ‘‘(A) the established charges which similarly

22 circumstanced nonveterans enrolled in the program of

23 education involved would be required to pay; or
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1 ‘‘(B) the amount of the charges of the educational

2 institution as elected by the individual in the manner

3 specified in section 3014(b)(1) of this title.

4 ‘‘(3) Payment of the amount payable under paragraph

5 (2) for pursuit of a program of education shall be made

6 for the entire quarter, semester, or term, as applicable, of

7 the program of education.

8 ‘‘(4) For each month (as determined pursuant to the

9 methods prescribed under subsection (d)(3)) for which

10 amounts are paid an individual under this subsection, the

11 entitlement of the individual to educational assistance

12 under this chapter shall be charged at the rate of one month

13 for each such month.

14 ‘‘(f) PROGRAMS OF EDUCATION PURSUED ON HALF15 TIME BASIS OR LESS.—(1) Educational assistance is pay16 able under this chapter for pursuit of an approved program

17 of education on half-time basis or less.

18 ‘‘(2) The educational assistance payable under this

19 chapter to an individual pursuing a program of education

20 on half-time basis or less is the amounts as follows:

21 ‘‘(A) The amount equal to the lesser of—

22 ‘‘(i) the established charges which similarly

23 circumstanced nonveterans enrolled in the pro24 gram of education involved would be required to

25 pay; or
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1 ‘‘(ii) the maximum amount that would be

2 payable to the individual for the program of edu3 cation under paragraph (1)(A) of subsection (c),

4 or under the provisions of paragraphs (2)

5 through (7) of subsection (c) applicable to the in6 dividual, for the program of education if the in7 dividual were entitled to amounts for the pro8 gram of education under subsection (c) rather

9 than this subsection.

10 ‘‘(B) A stipend in an amount equal to the

11 amount of the appropriately reduced amount of the

12 lump sum amount for books, supplies, equipment, and

13 other educational costs otherwise payable to the indi14 vidual under subsection (c).

15 ‘‘(3) Payment of the amounts payable to an individual

16 under paragraph (2) for pursuit of a program of education

17 on half-time basis or less shall be made for the entire quar18 ter, semester, or term, as applicable, of the program of edu19 cation.

20 ‘‘(4) For each month (as determined pursuant to the

21 methods prescribed under subsection (d)(3)) for which

22 amounts are paid an individual under this subsection, the

23 entitlement of the individual to educational assistance

24 under this chapter shall be charged at a percentage of a

25 month equal to—
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1 ‘‘(A) the number of course hours borne by the in2 dividual in pursuit of the program of education in3 volved, divided by

4 ‘‘(B) the number of course hours for full-time

5 pursuit of such program of education.

6 ‘‘(g) PAYMENT OF ESTABLISHED CHARGES TO EDU7 CATIONAL INSTITUTIONS.—Amounts payable under sub8 sections (c)(1)(A) (and of similar amounts payable under

9 paragraphs (2) through (7) of subsection (c)), (e)(2) and

10 (f)(2)(A) shall be paid directly to the educational institu11 tion concerned.

12 ‘‘(h) ESTABLISHED CHARGES DEFINED.—(1) In this

13 section, the term ‘established charges’, in the case of a pro14 gram of education, means the actual charges (as determined

15 pursuant to regulations prescribed by the Secretary) for tui16 tion and fees which similarly circumstanced nonveterans

17 enrolled in the program of education would be required to

18 pay.

19 ‘‘(2) Established charges shall be determined for pur20 poses of this subsection on the following basis:

21 ‘‘(A) In the case of an individual enrolled in a

22 program of education offered on a term, quarter, or

23 semester basis, the tuition and fees charged the indi24 vidual for the term, quarter, or semester.
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1 ‘‘(B) In the case of an individual enrolled in a

2 program of education not offered on a term, quarter,

3 or semester basis, the tuition and fees charged the in4 dividual for the entire program of education.

5 ‘‘§ 3314. Tutorial assistance

6 ‘‘(a) IN GENERAL.—Subject to subsection (b), an indi7 vidual entitled to educational assistance under this chapter

8 shall also be entitled to benefits provided an eligible veteran

9 under section 3492 of this title.

10 ‘‘(b) CONDITIONS.—(1) The provision of benefits under

11 subsection (a) shall be subject to the conditions applicable

12 to an eligible veteran under section 3492 of this title.

13 ‘‘(2) In addition to the conditions specified in para14 graph (1), benefits may not be provided to an individual

15 under subsection (a) unless the professor or other individual

16 teaching, leading, or giving the course for which such bene17 fits are provided certifies that—

18 ‘‘(A) such benefits are essential to correct a defi19 ciency of the individual in such course; and

20 ‘‘(B) such course is required as a part of, or is

21 prerequisite or indispensable to the satisfactory pur22 suit of, an approved program of education.

23 ‘‘(c) AMOUNT.—(1) The amount of benefits described

24 in subsection (a) that are payable under this section may
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1 not exceed $100 per month, for a maximum of 12 months,

2 or until a maximum of $1,200 is utilized.

3 ‘‘(2) The amount provided an individual under this

4 subsection is in addition to the amounts of educational as5 sistance paid the individual under section 3313 of this title.

6 ‘‘(d) NO CHARGE AGAINST ENTITLEMENT.—Any bene7 fits provided an individual under subsection (a) are in ad8 dition to any other educational assistance benefits provided

9 the individual under this chapter.

10 ‘‘§ 3315. Licensure and certification tests

11 ‘‘(a) IN GENERAL.—An individual entitled to edu12 cational assistance under this chapter shall also be entitled

13 to payment for one licensing or certification test described

14 in section 3452(b) of this title.

15 ‘‘(b) LIMITATION ON AMOUNT.—The amount payable

16 under subsection (a) for a licensing or certification test may

17 not exceed the lesser of—

18 ‘‘(1) $2,000; or

19 ‘‘(2) the fee charged for the test.

20 ‘‘(c) NO CHARGE AGAINST ENTITLEMENT.—Any

21 amount paid an individual under subsection (a) is in addi22 tion to any other educational assistance benefits provided

23 the individual under this chapter.
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1 ‘‘§ 3316. Supplemental educational assistance: mem2 bers with critical skills or specialty; mem3 bers serving additional service

4 ‘‘(a) INCREASED ASSISTANCE FOR MEMBERS WITH

5 CRITICAL SKILLS OR SPECIALTY.—(1) In the case of an in6 dividual who has a skill or specialty designated by the Sec7 retary concerned as a skill or specialty in which there is

8 a critical shortage of personnel or for which it is difficult

9 to recruit or, in the case of critical units, retain personnel,

10 the Secretary concerned may increase the monthly amount

11 of educational assistance otherwise payable to the indi12 vidual under paragraph (1)(B) of section 3313(c) of this

13 title, or under paragraphs (2) through (7) of such section

14 (as applicable).

15 ‘‘(2) The amount of the increase in educational assist16 ance authorized by paragraph (1) may not exceed the

17 amount equal to the monthly amount of increased basic

18 educational assistance providable under section 3015(d)(1)

19 of this title at the time of the increase under paragraph

20 (1).

21 ‘‘(b) SUPPLEMENTAL ASSISTANCE FOR ADDITIONAL

22 SERVICE.—(1) The Secretary concerned may provide for the

23 payment to an individual entitled to educational assistance

24 under this chapter of supplemental educational assistance

25 for additional service authorized by subchapter III of chap26 ter 30 of this title. The amount so payable shall be payable
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1 as an increase in the monthly amount of educational assist2 ance otherwise payable to the individual under paragraph

3 (1)(B) of section 3313(c) of this title, or under paragraphs

4 (2) through (7) of such section (as applicable).

5 ‘‘(2) Eligibility for supplement educational assistance

6 under this subsection shall be determined in accordance

7 with the provisions of subchapter III of chapter 30 of this

8 title, except that any reference in such provisions to eligi9 bility for basic educational assistance under a provision of

10 subchapter II of chapter 30 of this title shall be treated as

11 a reference to eligibility for educational assistance under

12 the appropriate provision of this chapter.

13 ‘‘(3) The amount of supplemental educational assist14 ance payable under this subsection shall be the amount

15 equal to the monthly amount of supplemental educational

16 payable under section 3022 of this title.

17 ‘‘(c) REGULATIONS.—The Secretaries concerned shall

18 administer this section in accordance with such regulations

19 as the Secretary of Defense shall prescribe.

20 ‘‘§ 3317. Public-private contributions for additional

21 educational assistance

22 ‘‘(a) ESTABLISHMENT OF PROGRAM.—In instances

23 where the educational assistance provided pursuant to sec24 tion 3313(c)(1)(A) does not cover the full cost of established

25 charges (as specified in section 3313 of this title), the Sec-
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1 retary shall carry out a program under which colleges and

2 universities can, voluntarily, enter into an agreement with

3 the Secretary to cover a portion of those established charges

4 not otherwise covered under section 3313(c)(1)(A), which

5 contributions shall be matched by equivalent contributions

6 toward such costs by the Secretary. The program shall only

7 apply to covered individuals described in paragraphs (1)

8 and (2) of section 3311(b).

9 ‘‘(b) DESIGNATION OF PROGRAM.—The program under

10 this section shall be known as the ‘Yellow Ribbon G.I. Edu11 cation Enhancement Program’.

12 ‘‘(c) AGREEMENTS.—The Secretary shall enter into an

13 agreement with each college or university seeking to partici14 pate in the program under this section. Each agreement

15 shall specify the following:

16 ‘‘(1) The manner (whether by direct grant, schol17 arship, or otherwise) of the contributions to be made

18 by the college or university concerned.

19 ‘‘(2) The maximum amount of the contribution

20 to be made by the college or university concerned with

21 respect to any particular individual in any given

22 academic year.

23 ‘‘(3) The maximum number of individuals for

24 whom the college or university concerned will make

25 contributions in any given academic year.
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1 ‘‘(4) Such other matters as the Secretary and the

2 college or university concerned jointly consider appro3 priate.

4 ‘‘(d) MATCHING CONTRIBUTIONS.—(1) In instances

5 where the educational assistance provided an individual

6 under section 3313(c)(1)(A) of this title does not cover the

7 full cost of tuition and mandatory fees at a college or uni8 versity, the Secretary shall provide up to 50 percent of the

9 remaining costs for tuition and mandatory fees if the college

10 or university voluntarily enters into an agreement with the

11 Secretary to match an equal percentage of any of the re12 maining costs for such tuition and fees.

13 ‘‘(2) Amounts available to the Secretary under section

14 3324(b) of this title for payment of the costs of this chapter

15 shall be available to the Secretary for purposes of paragraph

16 (1).

17 ‘‘(e) OUTREACH.—The Secretary shall make available

18 on the Internet website of the Department available to the

19 public a current list of the colleges and universities partici20 pating in the program under this section. The list shall

21 specify, for each college or university so listed, appropriate

22 information on the agreement between the Secretary and

23 such college or university under subsection (c).
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1 ‘‘§ 3318. Additional assistance: relocation or travel as2 sistance for individual relocating or trav3 eling significant distance for pursuit of a

4 program of education

5 ‘‘(a) ADDITIONAL ASSISTANCE.—Each individual de6 scribed in subsection (b) shall be paid additional assistance

7 under this section in the amount of $500.

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

9 in this subsection is any individual entitled to educational

10 assistance under this chapter—

11 ‘‘(1) who resides in a highly rural area (as deter12 mined by the Bureau of the Census); and

13 ‘‘(2) who—

14 ‘‘(A) physically relocates a distance of at

15 least 500 miles in order to pursue a program of

16 education for which the individual utilizes edu17 cational assistance under this chapter; or

18 ‘‘(B) travels by air to physically attend an

19 institution of higher education for pursuit of

20 such a program of education because the indi21 vidual cannot travel to such institution by auto22 mobile or other established form of transpor23 tation due to an absence of road or other infra24 structure.
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1 ‘‘(c) PROOF OF RESIDENCE.—For purposes of sub2 section (b)(1), an individual may demonstrate the individ3 ual’s place of residence utilizing any of the following:

4 ‘‘(1) DD Form 214, Certification of Release or

5 Discharge from Active Duty.

6 ‘‘(2) The most recent Federal income tax return.

7 ‘‘(3) Such other evidence as the Secretary shall

8 prescribe for purposes of this section.

9 ‘‘(d) SINGLE PAYMENT OF ASSISTANCE.—An indi10 vidual is entitled to only one payment of additional assist11 ance under this section.

12 ‘‘(e) NO CHARGE AGAINST ENTITLEMENT.—Any

13 amount paid an individual under this section is in addi14 tion to any other educational assistance benefits provided

15 the individual under this chapter.’’.

16 ‘‘SUBCHAPTER III—ADMINISTRATIVE

17 PROVISIONS

18 ‘‘§ 3321. Time limitation for use of and eligibility for

19 entitlement

20 ‘‘(a) IN GENERAL.—Except as provided in this section,

21 the period during which an individual entitled to edu22 cational assistance under this chapter may use such indi23 vidual’s entitlement expires at the end of the 15-year period

24 beginning on the date of such individual’s last discharge

25 or release from active duty.
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1 ‘‘(b) EXCEPTIONS.—(1) Subsections (b), (c), and (d)

2 of section 3031 of this title shall apply with respect to the

3 running of the 15-year period described in subsection (a)

4 of this section in the same manner as such subsections apply

5 under section 3031 of this title with respect to the running

6 of the 10-year period described in section 3031(a) of this

7 title.

8 ‘‘(2) Section 3031(f) of this title shall apply with re9 spect to the termination of an individual’s entitlement to

10 educational assistance under this chapter in the same man11 ner as such section applies to the termination of an individ12 ual’s entitlement to educational assistance under chapter 30

13 of this title, except that, in the administration of such sec14 tion for purposes of this chapter, the reference to section

15 3013 of this title shall be deemed to be a reference to 3312

16 of this title.

17 ‘‘(3) For purposes of subsection (a), an individual’s

18 last discharge or release from active duty shall not include

19 any discharge or release from a period of active duty of

20 less than 90 days of continuous service, unless the indi21 vidual is discharged or released as described in section

22 3311(b)(2) of this title.
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1 ‘‘§ 3322. Bar to duplication of educational assistance

2 benefits

3 ‘‘(a) IN GENERAL.—An individual entitled to edu4 cational assistance under this chapter who is also eligible

5 for educational assistance under chapter 30, 31, 32, or 35

6 of this title, chapter 107, 1606, or 1607 of title 10, or the

7 provisions of the Hostage Relief Act of 1980 (Public Law

8 96–449; 5 U.S.C. 5561 note) may not receive assistance

9 under two or more such programs concurrently, but shall

10 elect (in such form and manner as the Secretary may pre11 scribe) under which chapter or provisions to receive edu12 cational assistance.

13 ‘‘(b) INAPPLICABILITY OF SERVICE TREATED UNDER

14 EDUCATIONAL LOAN REPAYMENT PROGRAMS.—A period of

15 service counted for purposes of repayment of an education

16 loan under chapter 109 of title 10 may not be counted as

17 a period of service for entitlement to educational assistance

18 under this chapter.

19 ‘‘(c) SERVICE IN SELECTED RESERVE.—An individual

20 who serves in the Selected Reserve may receive credit for

21 such service under only one of this chapter, chapter 30 of

22 this title, and chapters 1606 and 1607 of title 10, and shall

23 elect (in such form and manner as the Secretary may pre24 scribe) under which chapter such service is to be credited.

25 ‘‘(d) ADDITIONAL COORDINATION MATTERS.—In the

26 case of an individual entitled to educational assistance
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1 under chapter 30, 31, 32, or 35 of this title, chapter 107,

2 1606, or 1607 of title 10, or the provisions of the Hostage

3 Relief Act of 1980, or making contributions toward entitle4 ment to educational assistance under chapter 30 of this

5 title, as of August 1, 2009, coordination of entitlement to

6 educational assistance under this chapter, on the one hand,

7 and such chapters or provisions, on the other, shall be gov8 erned by the provisions of section ll03(c) of the Post9 9/11 Veterans Educational Assistance Act of 2008.

10 ‘‘§ 3323. Administration

11 ‘‘(a) IN GENERAL.—(1) Except as otherwise provided

12 in this chapter, the provisions specified in section

13 3034(a)(1) of this title shall apply to the provision of edu14 cational assistance under this chapter.

15 ‘‘(2) In applying the provisions referred to in para16 graph (1) to an individual entitled to educational assist17 ance under this chapter for purposes of this section, the ref18 erence in such provisions to the term ‘eligible veteran’ shall

19 be deemed to refer to an individual entitled to educational

20 assistance under this chapter.

21 ‘‘(3) In applying section 3474 of this title to an indi22 vidual entitled to educational assistance under this chapter

23 for purposes of this section, the reference in such section

24 3474 to the term ‘educational assistance allowance’ shall
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1 be deemed to refer to educational assistance payable under

2 section 3313 of this title.

3 ‘‘(4) In applying section 3482(g) of this title to an in4 dividual entitled to educational assistance under this chap5 ter for purposes of this section—

6 ‘‘(A) the first reference to the term ‘educational

7 assistance allowance’ in such section 3482(g) shall be

8 deemed to refer to educational assistance payable

9 under section 3313 of this title; and

10 ‘‘(B) the first sentence of paragraph (1) of such

11 section 3482(g) shall be applied as if such sentence

12 ended with ‘equipment’.

13 ‘‘(b) INFORMATION ON BENEFITS.—(1) The Secretary

14 of Veterans Affairs shall provide the information described

15 in paragraph (2) to each member of the Armed Forces at

16 such times as the Secretary of Veterans Affairs and the Sec17 retary of Defense shall jointly prescribe in regulations.

18 ‘‘(2) The information described in this paragraph is

19 information on benefits, limitations, procedures, eligibility

20 requirements (including time-in-service requirements), and

21 other important aspects of educational assistance under this

22 chapter, including application forms for such assistance

23 under section 5102 of this title.

24 ‘‘(3) The Secretary of Veterans Affairs shall furnish

25 the information and forms described in paragraph (2), and
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1 other educational materials on educational assistance under

2 this chapter, to educational institutions, training establish3 ments, military education personnel, and such other persons

4 and entities as the Secretary considers appropriate.

5 ‘‘(c) REGULATIONS.—(1) The Secretary shall prescribe

6 regulations for the administration of this chapter.

7 ‘‘(2) Any regulations prescribed by the Secretary of

8 Defense for purposes of this chapter shall apply uniformly

9 across the Armed Forces.

10 ‘‘§ 3324. Allocation of administration and costs

11 ‘‘(a) ADMINISTRATION.—Except as otherwise provided

12 in this chapter, the Secretary shall administer the provision

13 of educational assistance under this chapter.

14 ‘‘(b) COSTS.—Payments for entitlement to educational

15 assistance earned under this chapter shall be made from

16 funds appropriated to, or otherwise made available to, the

17 Department of Veterans Affairs for the payment of readjust18 ment benefits.’’.

19 (2) CLERICAL AMENDMENTS.—The tables of

20 chapters at the beginning of title 38, United States

21 Code, and at the beginning of part III of such title,

22 are each amended by inserting after the item relating

23 to chapter 32 the following new item:

‘‘33. Post-9/11 Educational Assistance ........................................... 3301’’.

24 (b) CONFORMING AMENDMENTS.—
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1 (1) AMENDMENTS RELATING TO DUPLICATION OF

2 BENEFITS.—

3 (A) Section 3033 of title 38, United States

4 Code, is amended—

5 (i) in subsection (a)(1), by inserting

6 ‘‘33,’’ after ‘‘32,’’; and

7 (ii) in subsection (c), by striking ‘‘both

8 the program established by this chapter and

9 the program established by chapter 106 of

10 title 10’’ and inserting ‘‘two or more of the

11 programs established by this chapter, chap12 ter 33 of this title, and chapters 1606 and

13 1607 of title 10’’.

14 (B) Paragraph (4) of section 3695(a) of

15 such title is amended to read as follows:

16 ‘‘(4) Chapters 30, 32, 33, 34, 35, and 36 of this

17 title.’’.

18 (C) Section 16163(e) of title 10, United

19 States Code, is amended by inserting ‘‘33,’’ after

20 ‘‘32,’’.

21 (2) ADDITIONAL CONFORMING AMENDMENTS.—

22 (A) Title 38, United States Code, is further

23 amended by inserting ‘‘33,’’ after ‘‘32,’’ each

24 place it appears in the following provisions:
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1 (i) In subsections (b) and (e)(1) of sec2 tion 3485.

3 (ii) In section 3688(b).

4 (iii) In subsections (a)(1), (c)(1),

5 (c)(1)(G), (d), and (e)(2) of section 3689.

6 (iv) In section 3690(b)(3)(A).

7 (v) In subsections (a) and (b) of section

8 3692.

9 (vi) In section 3697(a).

10 (B) Section 3697A(b)(1) of such title is

11 amended by striking ‘‘or 32’’ and inserting ‘‘32,

12 or 33’’.

13 (c) APPLICABILITY TO INDIVIDUALS UNDER MONT14 GOMERY GI BILL PROGRAM.—

15 (1) INDIVIDUALS ELIGIBLE TOELECT PARTICIPA16 TION IN POST-9/11 EDUCATIONAL ASSISTANCE.—An

17 individual may elect to receive educational assistance

18 under chapter 33 of title 38, United States Code (as

19 added by subsection (a)), if such individual—

20 (A) as of August 1, 2009—

21 (i) is entitled to basic educational as22 sistance under chapter 30 of title 38, United

23 States Code, and has used, but retains un24 used, entitlement under that chapter;
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1 (ii) is entitled to educational assist2 ance under chapter 107, 1606, or 1607 of

3 title 10, United States Code, and has used,

4 but retains unused, entitlement under the

5 applicable chapter;

6 (iii) is entitled to basic educational as7 sistance under chapter 30 of title 38, United

8 States Code, but has not used any entitle9 ment under that chapter;

10 (iv) is entitled to educational assist11 ance under chapter 107, 1606, or 1607 of

12 title 10, United States Code, but has not

13 used any entitlement under such chapter;

14 (v) is a member of the Armed Forces

15 who is eligible for receipt of basic edu16 cational assistance under chapter 30 of title

17 38, United States Code, and is making con18 tributions toward such assistance under sec19 tion 3011(b) or 3012(c) of such title; or

20 (vi) is a member of the Armed Forces

21 who is not entitled to basic educational as22 sistance under chapter 30 of title 38, United

23 States Code, by reason of an election under

24 section 3011(c)(1) or 3012(d)(1) of such

25 title; and
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1 (B) as of the date of the individual’s elec2 tion under this paragraph, meets the require3 ments for entitlement to educational assistance

4 under chapter 33 of title 38, United States Code

5 (as so added).

6 (2) CESSATION OF CONTRIBUTIONS TOWARD GI

7 BILL.—Effective as of the first month beginning on or

8 after the date of an election under paragraph (1) of

9 an individual described by subparagraph (A)(v) of

10 that paragraph, the obligation of the individual to

11 make contributions under section 3011(b) or 3012(c)

12 of title 38, United States Code, as applicable, shall

13 cease, and the requirements of such section shall be

14 deemed to be no longer applicable to the individual.

15 (3) REVOCATION OF REMAINING TRANSFERRED

16 ENTITLEMENT.—

17 (A) ELECTION TO REVOKE.—If, on the date

18 an individual described in subparagraph (A)(i)

19 or (A)(iii) of paragraph (1) makes an election

20 under that paragraph, a transfer of the entitle21 ment of the individual to basic educational as22 sistance under section 3020 of title 38, United

23 States Code, is in effect and a number of months

24 of the entitlement so transferred remain unuti25 lized, the individual may elect to revoke all or a
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1 portion of the entitlement so transferred that re2 mains unutilized.

3 (B) AVAILABILITY OF REVOKED ENTITLE4 MENT.—Any entitlement revoked by an indi5 vidual under this paragraph shall no longer be

6 available to the dependent to whom transferred,

7 but shall be available to the individual instead

8 for educational assistance under chapter 33 of

9 title 38, United States Code (as so added), in ac10 cordance with the provisions of this subsection.

11 (C) AVAILABILITY OF UNREVOKED ENTITLE12 MENT.—Any entitlement described in subpara13 graph (A) that is not revoked by an individual

14 in accordance with that subparagraph shall re15 main available to the dependent or dependents

16 concerned in accordance with the current trans17 fer of such entitlement under section 3020 of title

18 38, United States Code.

19 (4) POST-9/11 EDUCATIONAL ASSISTANCE.—

20 (A) IN GENERAL.—Subject to subparagraph

21 (B) and except as provided in paragraph (5), an

22 individual making an election under paragraph

23 (1) shall be entitled to educational assistance

24 under chapter 33 of title 38, United States Code

25 (as so added), in accordance with the provisions
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1 of such chapter, instead of basic educational as2 sistance under chapter 30 of title 38, United

3 States Code, or educational assistance under

4 chapter 107, 1606, or 1607 of title 10, United

5 States Code, as applicable.

6 (B) LIMITATION ON ENTITLEMENT FOR CER7 TAIN INDIVIDUALS.—In the case of an individual

8 making an election under paragraph (1) who is

9 described by subparagraph (A)(i) of that para10 graph, the number of months of entitlement of

11 the individual to educational assistance under

12 chapter 33 of title 38, United States Code (as so

13 added), shall be the number of months equal to—

14 (i) the number of months of unused en15 titlement of the individual under chapter 30

16 of title 38, United States Code, as of the

17 date of the election, plus

18 (ii) the number of months, if any, of

19 entitlement revoked by the individual under

20 paragraph (3)(A).

21 (5) CONTINUING ENTITLEMENT TO EDUCATIONAL

22 ASSISTANCE NOT AVAILABLE UNDER 9/11 ASSISTANCE

23 PROGRAM.—

24 (A) IN GENERAL.—In the event educational

25 assistance to which an individual making an
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1 election under paragraph (1) would be entitled

2 under chapter 30 of title 38, United States Code,

3 or chapter 107, 1606, or 1607 of title 10, United

4 States Code, as applicable, is not authorized to

5 be available to the individual under the provi6 sions of chapter 33 of title 38, United States

7 Code (as so added), the individual shall remain

8 entitled to such educational assistance in accord9 ance with the provisions of the applicable chap10 ter.

11 (B) CHARGE FOR USE OF ENTITLEMENT.—

12 The utilization by an individual of entitlement

13 under subparagraph (A) shall be chargeable

14 against the entitlement of the individual to edu15 cational assistance under chapter 33 of title 38,

16 United States Code (as so added), at the rate of

17 one month of entitlement under such chapter 33

18 for each month of entitlement utilized by the in19 dividual under subparagraph (A) (as determined

20 as if such entitlement were utilized under the

21 provisions of chapter 30 of title 38, United

22 States Code, or chapter 107, 1606, or 1607 of

23 title 10, United States Code, as applicable).
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1 (6) ADDITIONAL POST-9/11 ASSISTANCE FOR

2 MEMBERS HAVING MADE CONTRIBUTIONS TOWARD GI

3 BILL.—

4 (A) ADDITIONAL ASSISTANCE.—In the case

5 of an individual making an election under para6 graph (1) who is described by clause (i), (iii), or

7 (v) of subparagraph (A) of that paragraph, the

8 amount of educational assistance payable to the

9 individual under chapter 33 of title 38, United

10 States Code (as so added), as a monthly stipend

11 payable under paragraph (1)(B) of section

12 3313(c) of such title (as so added), or under

13 paragraphs (2) through (7) of that section (as

14 applicable), shall be the amount otherwise pay15 able as a monthly stipend under the applicable

16 paragraph increased by the amount equal to—

17 (i) the total amount of contributions

18 toward basic educational assistance made

19 by the individual under section 3011(b) or

20 3012(c) of title 38, United States Code, as

21 of the date of the election, multiplied by

22 (ii) the fraction—

23 (I) the numerator of which is—

24 (aa) the number of months of

25 entitlement to basic educational
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1 assistance under chapter 30 of

2 title 38, United States Code, re3 maining to the individual at the

4 time of the election; plus

5 (bb) the number of months, if

6 any, of entitlement under such

7 chapter 30 revoked by the indi8 vidual under paragraph (3)(A);

9 and

10 (II) the denominator of which is

11 36 months.

12 (B) MONTHS OF REMAINING ENTITLEMENT

13 FOR CERTAIN INDIVIDUALS.—In the case of an

14 individual covered by subparagraph (A) who is

15 described by paragraph (1)(A)(v), the number of

16 months of entitlement to basic educational assist17 ance remaining to the individual for purposes of

18 subparagraph (A)(ii)(I)(aa) shall be 36 months.

19 (C) TIMING OF PAYMENT.—The amount

20 payable with respect to an individual under sub21 paragraph (A) shall be paid to the individual to22 gether with the last payment of the monthly sti23 pend payable to the individual under paragraph

24 (1)(B) of section 3313(c) of title 38, United

25 States Code (as so added), or under paragraphs
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1 (2) through (7) of that section (as applicable),

2 before the exhaustion of the individual’s entitle3 ment to educational assistance under chapter 33

4 of such title (as so added).

5 (7) CONTINUING ENTITLEMENT TO ADDITIONAL

6 ASSISTANCE FOR CRITICAL SKILLS OR SPECIALITY

7 AND ADDITIONAL SERVICE.—An individual making

8 an election under paragraph (1)(A) who, at the time

9 of the election, is entitled to increased educational as10 sistance under section 3015(d) of title 38, United

11 States Code, or section 16131(i) of title 10, United

12 States Code, or supplemental educational assistance

13 under subchapter III of chapter 30 of title 38, United

14 States Code, shall remain entitled to such increased

15 educational assistance or supplemental educational

16 assistance in the utilization of entitlement to edu17 cational assistance under chapter 33 of title 38,

18 United States Code (as so added), in an amount

19 equal to the quarter, semester, or term, as applicable,

20 equivalent of the monthly amount of such increased

21 educational assistance or supplemental educational

22 assistance payable with respect to the individual at

23 the time of the election.

24 (8) IRREVOCABILITY OF ELECTIONS.—An election

25 under paragraph (1) or (3)(A) is irrevocable.
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1 (d) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect on August 1,

3 2009.

4 SEC. 4004. INCREASE IN AMOUNTS OF BASIC EDUCATIONAL

5 ASSISTANCE UNDER THE MONTGOMERY GI

6 BILL.

7 (a) EDUCATIONAL ASSISTANCE BASED ON THREE8 YEAR PERIOD OF OBLIGATED SERVICE.—Subsection (a)(1)

9 of section 3015 of title 38, United States Code, is

10 amended—

11 (1) by striking subparagraphs (A) through (C)

12 and inserting the following new subparagraph:

13 ‘‘(A) for months occurring during the period be14 ginning on August 1, 2008, and ending on the last

15 day of fiscal year 2009, $1,321; and’’; and

16 (2) by redesignating subparagraph (D) as sub17 paragraph (B).

18 (b) EDUCATIONAL ASSISTANCE BASED ON TWO-YEAR

19 PERIOD OF OBLIGATED SERVICE.—Subsection (b)(1) of

20 such section is amended—

21 (1) by striking subparagraphs (A) through (C)

22 and inserting the following new subparagraph:

23 ‘‘(A) for months occurring during the period be24 ginning on August 1, 2008, and ending on the last

25 day of fiscal year 2009, $1,073; and’’; and
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1 (2) by redesignating subparagraph (D) as sub2 paragraph (B).

3 (c) MODIFICATION OF MECHANISM FOR COST-OF-LIV4 ING ADJUSTMENTS.—Subsection (h)(1) of such section is

5 amended by striking subparagraphs (A) and (B) and in6 serting the following new subparagraphs:

7 ‘‘(A) the average cost of undergraduate tuition in

8 the United States, as determined by the National

9 Center for Education Statistics, for the last academic

10 year preceding the beginning of the fiscal year for

11 which the increase is made, exceeds

12 ‘‘(B) the average cost of undergraduate tuition in

13 the United States, as so determined, for the academic

14 year preceding the academic year described in sub15 paragraph (A).’’.

16 (d) EFFECTIVE DATE.—

17 (1) IN GENERAL.—The amendments made by

18 this section shall take effect on August 1, 2008.

19 (2) NOCOST-OF-LIVING ADJUSTMENT FOR FISCAL

20 YEAR 2009.—The adjustment required by subsection

21 (h) of section 3015 of title 38, United States Code (as

22 amended by this section), in rates of basic educational

23 assistance payable under subsections (a) and (b) of

24 such section (as so amended) shall not be made for

25 fiscal year 2009.
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1 SEC. 4005. MODIFICATION OF AMOUNT AVAILABLE FOR RE2 IMBURSEMENT OF STATE AND LOCAL AGEN3 CIES ADMINISTERING VETERANS EDUCATION

4 BENEFITS.

5 Section 3674(a)(4) of title 38, United States Code, is

6 amended by striking ‘‘may not exceed’’ and all that follows

7 through the end and inserting ‘‘shall be $19,000,000.’’.

8 TITLE V—EMERGENCY UNEM9 PLOYMENT COMPENSATION

10 FEDERAL-STATE AGREEMENTS

11 SEC. 5001. (a) IN GENERAL.—Any State which desires

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

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

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

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

16 days written notice to the Secretary, terminate such agree17 ment.

18 (b) PROVISIONS OF AGREEMENT.—Any agreement

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

20 the State will make payments of emergency unemployment

21 compensation to individuals who—

22 (1) have exhausted all rights to regular com23 pensation under the State law or under Federal law

24 with respect to a benefit year (excluding any benefit

25 year that ended before May 1, 2007);
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1 (2) have no rights to regular compensation or ex2 tended compensation with respect to a week under

3 such law or any other State unemployment compensa4 tion law or to compensation under any other Federal

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

6 (3) are not receiving compensation with respect

7 to such week under the unemployment compensation

8 law of Canada.

9 (c) EXHAUSTION OF BENEFITS.—For purposes of sub10 section (b)(1), an individual shall be deemed to have ex11 hausted such individual’s rights to regular compensation

12 under a State law when—

13 (1) no payments of regular compensation can be

14 made under such law because such individual has re15 ceived all regular compensation available to such in16 dividual based on employment or wages during such

17 individual’s base period; or

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

19 have been terminated by reason of the expiration of

20 the benefit year with respect to which such rights ex21 isted.

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

23 of any agreement under this title—

24 (1) the amount of emergency unemployment

25 compensation which shall be payable to any indi-
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1 vidual for any week of total unemployment shall be

2 equal to the amount of the regular compensation (in3 cluding dependents’ allowances) payable to such indi4 vidual during such individual’s benefit year under

5 the State law for a week of total unemployment;

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

7 which apply to claims for regular compensation and

8 to the payment thereof shall apply to claims for emer9 gency unemployment compensation and the payment

10 thereof, except where otherwise inconsistent with the

11 provisions of this title or with the regulations or oper12 ating instructions of the Secretary promulgated to

13 carry out this title; and

14 (3) the maximum amount of emergency unem15 ployment compensation payable to any individual for

16 whom an emergency unemployment compensation ac17 count is established under section 5002 shall not ex18 ceed the amount established in such account for such

19 individual.

20 (e) ELECTION BY STATES.—Notwithstanding any

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

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

23 may provide for the payment of emergency unemployment

24 compensation prior to extended compensation to individ25 uals who otherwise meet the requirements of this section.
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1 EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT

2 SEC. 5002. (a) IN GENERAL.—Any agreement under

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

4 eligible individual who files an application for emergency

5 unemployment compensation, an emergency unemployment

6 compensation account with respect to such individual’s ben7 efit year.

8 (b) AMOUNT IN ACCOUNT.—

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

10 account under subsection (a) shall be equal to the less11 er of—

12 (A) 50 percent of the total amount of reg13 ular compensation (including dependents’ allow14 ances) payable to the individual during the indi15 vidual’s benefit year under such law, or

16 (B) 13 times the individual’s average week17 ly benefit amount for the benefit year.

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

19 this subsection, an individual’s weekly benefit amount

20 for any week is the amount of regular compensation

21 (including dependents’ allowances) under the State

22 law payable to such individual for such week for total

23 unemployment.

24 (c) SPECIAL RULE.—
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1 (1) IN GENERAL.—Notwithstanding any other

2 provision of this section, if, at the time that the indi3 vidual’s account is exhausted or at any time there4 after, such individual’s State is in an extended benefit

5 period (as determined under paragraph (2)), then,

6 such account shall be augmented by an amount equal

7 to the amount originally established in such account

8 (as determined under subsection (b)(1)).

9 (2) EXTENDED BENEFIT PERIOD.—For purposes

10 of paragraph (1), a State shall be considered to be in

11 an extended benefit period, as of any given time, if—

12 (A) such a period is then in effect for such

13 State under the Federal-State Extended Unem14 ployment Compensation Act of 1970;

15 (B) such a period would then be in effect for

16 such State under such Act if section 203(d) of

17 such Act—

18 (i) were applied by substituting ‘‘4’’

19 for ‘‘5’’ each place it appears; and

20 (ii) did not include the requirement

21 under paragraph (1)(A); or

22 (C) such a period would then be in effect for

23 such State under such Act if—

24 (i) section 203(f) of such Act were ap25 plied to such State (regardless of whether
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1 the State by law had provided for such ap2 plication); and

3 (ii) such section 203(f)—

4 (I) were applied by substituting

5 ‘‘6.0’’ for ‘‘6.5’’ in paragraph (1)(A)(i);

6 and

7 (II) did not include the require8 ment under paragraph (1)(A)(ii).

9 PAYMENTS TOSTATES HAVING AGREEMENTS FOR THE

10 PAYMENT OF EMERGENCY UNEMPLOYMENT COMPENSATION

11 SEC. 5003. (a) GENERAL RULE.—There shall be paid

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

13 title an amount equal to 100 percent of the emergency un14 employment compensation paid to individuals by the State

15 pursuant to such agreement.

16 (b) TREATMENT OF REIMBURSABLE COMPENSA17 TION.—No payment shall be made to any State under this

18 section in respect of any compensation to the extent the

19 State is entitled to reimbursement in respect of such com20 pensation under the provisions of any Federal law other

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

22 A State shall not be entitled to any reimbursement under

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

24 the State is entitled to reimbursement under this title in

25 respect of such compensation.
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1 (c) DETERMINATION OF AMOUNT.—Sums payable to

2 any State by reason of such State having an agreement

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

4 way of reimbursement (as may be determined by the Sec5 retary), in such amounts as the Secretary estimates the

6 State will be entitled to receive under this title for each cal7 endar month, reduced or increased, as the case may be, by

8 any amount by which the Secretary finds that the Sec9 retary’s estimates for any prior calendar month were great10 er or less than the amounts which should have been paid

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

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

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

14 involved.

15 FINANCING PROVISIONS

16 SEC. 5004. (a) IN GENERAL.—Funds in the extended

17 unemployment compensation account (as established by sec18 tion 905(a) of the Social Security Act (42 U.S.C. 1105(a))

19 of the Unemployment Trust Fund (as established by section

20 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for

21 the making of payments to States having agreements en22 tered into under this title.

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

24 time certify to the Secretary of the Treasury for payment

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

26 title. The Secretary of the Treasury, prior to audit or settle-
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1 ment by the Government Accountability Office, shall make

2 payments to the State in accordance with such certification,

3 by transfers from the extended unemployment compensation

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

5 the Unemployment Trust Fund (as so established).

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

7 out of the employment security administration account (as

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

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

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

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

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

13 costs of administration of agreements under this title.

14 (d) APPROPRIATIONS FOR CERTAIN PAYMENTS.—

15 There are appropriated from the general fund of the Treas16 ury, without fiscal year limitation, to the extended unem17 ployment compensation account (as so established) of the

18 Unemployment Trust Fund (as so established) such sums

19 as the Secretary estimates to be necessary to make the pay20 ments under this section in respect of—

21 (1) compensation payable under chapter 85 of

22 title 5, United States Code; and

23 (2) compensation payable on the basis of services

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

25 Code of 1986 applies.
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1 Amounts appropriated pursuant to the preceding sentence

2 shall not be required to be repaid.

3 FRAUD AND OVERPAYMENTS

4 SEC. 5005. (a) IN GENERAL.—If an individual know5 ingly has made, or caused to be made by another, a false

6 statement or representation of a material fact, or knowingly

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

8 fact, and as a result of such false statement or representa9 tion or of such nondisclosure such individual has received

10 an amount of emergency unemployment compensation

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

12 such individual—

13 (1) shall be ineligible for further emergency un14 employment compensation under this title in accord15 ance with the provisions of the applicable State un16 employment compensation law relating to fraud in

17 connection with a claim for unemployment compensa18 tion; and

19 (2) shall be subject to prosecution under section

20 1001 of title 18, United States Code.

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

22 received amounts of emergency unemployment compensa23 tion under this title to which they were not entitled, the

24 State shall require such individuals to repay the amounts

25 of such emergency unemployment compensation to the State
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1 agency, except that the State agency may waive such repay2 ment if it determines that—

3 (1) the payment of such emergency unemploy4 ment compensation was without fault on the part of

5 any such individual; and

6 (2) such repayment would be contrary to equity

7 and good conscience.

8 (c) RECOVERY BY STATE AGENCY.—

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

10 the amount to be repaid, or any part thereof, by de11 ductions from any emergency unemployment com12 pensation payable to such individual under this title

13 or from any unemployment compensation payable to

14 such individual under any State or Federal unem15 ployment compensation law administered by the

16 State agency or under any other State or Federal law

17 administered by the State agency which provides for

18 the payment of any assistance or allowance with re19 spect to any week of unemployment, during the 3-year

20 period after the date such individuals received the

21 payment of the emergency unemployment compensa22 tion to which they were not entitled, except that no

23 single deduction may exceed 50 percent of the weekly

24 benefit amount from which such deduction is made.
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1 (2) OPPORTUNITY FOR HEARING.—No repayment

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

3 until a determination has been made, notice thereof

4 and an opportunity for a fair hearing has been given

5 to the individual, and the determination has become

6 final.

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

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

9 manner and to the same extent as determinations under

10 the State unemployment compensation law, and only in

11 that manner and to that extent.

12 DEFINITIONS

13 SEC. 5006. In this title, the terms ‘‘compensation’’,

14 ‘‘regular compensation’’, ‘‘extended compensation’’, ‘‘benefit

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

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

17 under section 205 of the Federal-State Extended Unemploy18 ment Compensation Act of 1970 (26 U.S.C. 3304 note).

19 APPLICABILITY

20 SEC. 5007. (a) IN GENERAL.—Except as provided in

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

22 shall apply to weeks of unemployment—

23 (1) beginning after the date on which such agree24 ment is entered into; and

25 (2) ending on or before March 31, 2009.
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1 (b) TRANSITION FOR AMOUNT REMAINING IN AC2 COUNT.—

3 (1) IN GENERAL.—Subject to paragraphs (2) and

4 (3), in the case of an individual who has amounts re5 maining in an account established under section 5002

6 as of the last day of the last week (as determined in

7 accordance with the applicable State law) ending on

8 or before March 31, 2009, emergency unemployment

9 compensation shall continue to be payable to such in10 dividual from such amounts for any week beginning

11 after such last day for which the individual meets the

12 eligibility requirements of this title.

13 (2) LIMIT ON AUGMENTATION.—If the account of

14 an individual is exhausted after the last day of such

15 last week (as so determined), then section 5002(c)

16 shall not apply and such account shall not be aug17 mented under such section, regardless of whether such

18 individual’s State is in an extended benefit period (as

19 determined under paragraph (2) of such section).

20 (3) LIMIT ON COMPENSATION.—No compensation

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

22 week beginning after June 30, 2009.

23 TITLE VI—OTHER HEALTH MATTERS

24 SEC. 6001. (a) MORATORIA ON CERTAIN MEDICAID

25 REGULATIONS.—
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1 (1) EXTENSION OF CERTAIN MORATORIA IN PUB2 LIC LAW 110–28.—Section 7002(a)(1) of the U.S.

3 Troop Readiness, Veterans’ Care, Katrina Recovery,

4 and Iraq Accountability Appropriations Act, 2007

5 (Public Law 110–28) is amended—

6 (A) by striking ‘‘prior to the date that is 1

7 year after the date of enactment of this Act’’ and

8 inserting ‘‘prior to April 1, 2009’’;

9 (B) in subparagraph (A), by inserting after

10 ‘‘Federal Regulations)’’ the following: ‘‘or in the

11 final regulation, relating to such parts, published

12 on May 29, 2007 (72 Federal Register 29748)’’;

13 and

14 (C) in subparagraph (C), by inserting be15 fore the period at the end the following: ‘‘, in16 cluding the proposed regulation published on

17 May 23, 2007 (72 Federal Register 28930)’’.

18 (2) EXTENSION OF CERTAIN MORATORIA IN PUB19 LIC LAW 110–173.—Section 206 of the Medicare, Med20 icaid, and SCHIP Extension Act of 2007 (Public

21 Law 110–173) is amended—

22 (A) by striking ‘‘June 30, 2008’’ and insert23 ing ‘‘April 1, 2009’’;

24 (B) by inserting ‘‘, including the proposed

25 regulation published on August 13, 2007 (72
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1 Federal Register 45201),’’ after ‘‘rehabilitation

2 services’’; and

3 (C) by inserting ‘‘, including the final regu4 lation published on December 28, 2007 (72 Fed5 eral Register 73635),’’ after ‘‘school-based trans6 portation’’.

7 (3) MORATORIUM ON INTERIM FINAL MEDICAID

8 REGULATION RELATING TO OPTIONAL CASE MANAGE9 MENT AND TARGETED CASE MANAGEMENT SERV10 ICES.—Notwithstanding any other provision of law,

11 the Secretary of Health and Human Services shall

12 not, prior to April 1, 2009, finalize, implement, en13 force, or otherwise take any action (through promul14 gation of regulation, issuance of regulatory guidance,

15 use of Federal payment audit procedures, or other ad16 ministrative action, policy, or practice, including a

17 Medical Assistance Manual transmittal or letter to

18 State Medicaid directors) to impose any restrictions

19 relating to the interim final regulation relating to op20 tional State plan case management services and tar21 geted case management services under the Medicaid

22 program published on December 4, 2007 (72 Federal

23 Register 68077) in its entirety.

24 (4) ADDITIONAL MORATORIA.—
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1 (A) IN GENERAL.—Notwithstanding any

2 other provision of law, the Secretary of Health

3 and Human Services shall not, prior to April 1,

4 2009, take any action (through promulgation of

5 regulation, issuance of regulatory guidance, use

6 of Federal payment audit procedures, or other

7 administrative action, policy, or practice, in8 cluding a Medical Assistance Manual trans9 mittal or letter to State Medicaid directors) to

10 impose any restrictions relating to a provision

11 described in subparagraph (B) or (C) if such re12 strictions are more restrictive in any aspect than

13 those applied to the respective provision as of the

14 date specified in subparagraph (D) for such pro15 vision.

16 (B) PROPOSED REGULATION RELATING TO

17 REDEFINITION OF MEDICAID OUTPATIENT HOS18 PITAL SERVICES.—The provision described in

19 this subparagraph is the proposed regulation re20 lating to clarification of outpatient clinic and

21 hospital facility services definition and upper

22 payment limit under the Medicaid program pub23 lished on September 28, 2007 (72 Federal Reg24 ister 55158) in its entirety.
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1 (C) PORTION OF PROPOSED REGULATION

2 RELATING TO MEDICAID ALLOWABLE PROVIDER

3 TAXES.—

4 (i) IN GENERAL.—Subject to clause

5 (ii), the provision described in this subpara6 graph is the final regulation relating to

7 health-care-related taxes under the Medicaid

8 program published on February 22, 2008

9 (73 Federal Register 9685) in its entirety.

10 (ii) EXCEPTION.—The provision de11 scribed in this subparagraph does not in12 clude the portions of such regulation as re13 late to the following:

14 (I) REDUCTION IN THRESHOLD.—

15 The reduction from 6 percent to 5.5

16 percent in the threshold applied under

17 section 433.68(f)(3)(i) of title 42, Code

18 of Federal Regulations, for determining

19 whether or not there is an indirect

20 guarantee to hold a taxpayer harmless,

21 as required to carry out section

22 1903(w)(4)(C)(ii) of the Social Secu23 rity Act, as added by section 403 of the

24 Medicare Improvement and Extension
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1 Act of 2006 (division B of Public Law

2 109–432).

3 (II) CHANGE IN DEFINITION OF

4 MANAGED CARE.—The change in the

5 definition of managed care as proposed

6 in the revision of section 433.56(a)(8)

7 of title 42, Code of Federal Regula8 tions, as required to carry out section

9 1903(w)(7)(A)(viii) of the Social Secu10 rity Act, as amended by section 6051

11 of the Deficit Reduction Act of 2005

12 (Public Law 109–171).

13 (D) DATE SPECIFIED.—The date specified

14 in this subparagraph for the provision described

15 in—

16 (i) subparagraph (B) is September 27,

17 2007; or

18 (ii) subparagraph (C) is February 21,

19 2008.

20 (b) RESTORATION OF ACCESS TO NOMINAL DRUG

21 PRICING FOR CERTAIN CLINICS AND HEALTH CENTERS.—

22 (1) IN GENERAL.—Section 1927(c)(1)(D) of the

23 Social Security Act (42 U.S.C. §1396r–8(c)(1)(D)),

24 as added by section 6001(d)(2) of the Deficit Reduc-
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1 tion Act of 2005 (Public Law 109–171), is

2 amended—

3 (A) in clause (i)—

4 (i) by redesignating subclause (IV) as

5 subclause (VI); and

6 (ii) by inserting after subclause (III)

7 the following:

8 ‘‘(IV) An entity that—

9 ‘‘(aa) is described in section

10 501(c)(3) of the Internal Revenue

11 Code of 1986 and exempt from tax

12 under section 501(a) of such Act

13 or is State-owned or operated;

14 and

15 ‘‘(bb) would be a covered en16 tity described in section

17 340(B)(a)(4) of the Public Health

18 Service Act insofar as the entity

19 provides the same type of services

20 to the same type of populations as

21 a covered entity described in such

22 section provides, but does not re23 ceive funding under a provision of

24 law referred to in such section.
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1 ‘‘(V) A public or nonprofit entity,

2 or an entity based at an institution of

3 higher learning whose primary purpose

4 is to provide health care services to stu5 dents of that institution, that provides

6 a service or services described under

7 section 1001(a) of the Public Health

8 Service Act.’’; and

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

10 clause:

11 ‘‘(iv) RULE OF CONSTRUCTION.—Noth12 ing in this subparagraph shall be construed

13 to alter any existing statutory or regulatory

14 prohibition on services with respect to an

15 entity described in subclause (IV) or (V) of

16 clause (i), including the prohibition set

17 forth in section 1008 of the Public Health

18 Service Act.’’.

19 (2) EFFECTIVE DATE.—The amendments made

20 by this subsection shall take effect as if included in

21 the amendment made by section 6001(d)(2) of the

22 Deficit Reduction Act of 2005.

23 (c) ASSET VERIFICATION THROUGH ACCESS TO IN24 FORMATION HELD BY FINANCIAL INSTITUTIONS.—
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1 (1) ADDITION OF AUTHORITY.—Title XIX of the

2 Social Security Act is amended by inserting after sec3 tion 1939 the following new section:

4 ‘‘ASSET VERIFICATION THROUGH ACCESS TO INFORMATION

5 HELD BY FINANCIAL INSTITUTIONS

6 ‘‘SEC. 1940. (a) IMPLEMENTATION.—

7 ‘‘(1) IN GENERAL.—Subject to the provisions of

8 this section, each State shall implement an asset

9 verification program described in subsection (b), for

10 purposes of determining or redetermining the eligi11 bility of an individual for medical assistance under

12 the State plan under this title.

13 ‘‘(2) PLAN SUBMITTAL.—In order to meet the re14 quirement of paragraph (1), each State shall—

15 ‘‘(A) submit not later than a deadline speci16 fied by the Secretary consistent with paragraph

17 (3), a State plan amendment under this title

18 that describes how the State intends to imple19 ment the asset verification program; and

20 ‘‘(B) provide for implementation of such

21 program for eligibility determinations and rede22 terminations made on or after 6 months after the

23 deadline established for submittal of such plan

24 amendment.

25 ‘‘(3) PHASE-IN.—

26 ‘‘(A) IN GENERAL.—
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1 ‘‘(i) IMPLEMENTATION IN CURRENT

2 ASSET VERIFICATION DEMO STATES.—The

3 Secretary shall require those States specified

4 in subparagraph (C) (to which an asset

5 verification program has been applied be6 fore the date of the enactment of this sec7 tion) to implement an asset verification

8 program under this subsection by the end of

9 fiscal year 2009.

10 ‘‘(ii) IMPLEMENTATION IN OTHER

11 STATES.—The Secretary shall require other

12 States to submit and implement an asset

13 verification program under this subsection

14 in such manner as is designed to result in

15 the application of such programs, in the ag16 gregate for all such other States, to enroll17 ment of approximately, but not less than,

18 the following percentage of enrollees, in the

19 aggregate for all such other States, by the

20 end of the fiscal year involved:

21 ‘‘(I) 12.5 percent by the end of fis22 cal year 2009.

23 ‘‘(II) 25 percent by the end of fis24 cal year 2010.
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1 ‘‘(III) 50 percent by the end of fis2 cal year 2011.

3 ‘‘(IV) 75 percent by the end of fis4 cal year 2012.

5 ‘‘(V) 100 percent by the end of fis6 cal year 2013.

7 ‘‘(B) CONSIDERATION.—In selecting States

8 under subparagraph (A)(ii), the Secretary shall

9 consult with the States involved and take into

10 account the feasibility of implementing asset

11 verification programs in each such State.

12 ‘‘(C) STATES SPECIFIED.—The States speci13 fied in this subparagraph are California, New

14 York, and New Jersey.

15 ‘‘(D) CONSTRUCTION.—Nothing in subpara16 graph (A)(ii) shall be construed as preventing a

17 State from requesting, and the Secretary approv18 ing, the implementation of an asset verification

19 program in advance of the deadline otherwise es20 tablished under such subparagraph.

21 ‘‘(4) EXEMPTION OF TERRITORIES.—This section

22 shall only apply to the 50 States and the District of

23 Columbia.

24 ‘‘(b) ASSET VERIFICATION PROGRAM.—
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1 ‘‘(1) IN GENERAL.—For purposes of this section,

2 an asset verification program means a program de3 scribed in paragraph (2) under which a State—

4 ‘‘(A) requires each applicant for, or recipi5 ent of, medical assistance under the State plan

6 under this title on the basis of being aged, blind,

7 or disabled to provide authorization by such ap8 plicant or recipient (and any other person whose

9 resources are required by law to be disclosed to

10 determine the eligibility of the applicant or re11 cipient for such assistance) for the State to ob12 tain (subject to the cost reimbursement require13 ments of section 1115(a) of the Right to Finan14 cial Privacy Act of 1978 but at no cost to the ap15 plicant or recipient) from any financial institu16 tion (within the meaning of section 1101(1) of

17 such Act) any financial record (within the

18 meaning of section 1101(2) of such Act) held by

19 the institution with respect to the applicant or

20 recipient (and such other person, as applicable),

21 whenever the State determines the record is need22 ed in connection with a determination with re23 spect to such eligibility for (or the amount or ex24 tent of) such medical assistance; and
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1 ‘‘(B) uses the authorization provided under

2 subparagraph (A) to verify the financial re3 sources of such applicant or recipient (and such

4 other person, as applicable), in order to deter5 mine or redetermine the eligibility of such appli6 cant or recipient for medical assistance under

7 the State plan.

8 ‘‘(2) PROGRAM DESCRIBED.—A program de9 scribed in this paragraph is a program for verifying

10 individual assets in a manner consistent with the ap11 proach used by the Commissioner of Social Security

12 under section 1631(e)(1)(B)(ii).

13 ‘‘(c) DURATION OF AUTHORIZATION.—Notwith14 standing section 1104(a)(1) of the Right to Financial Pri15 vacy Act of 1978, an authorization provided to a State

16 under subsection (b)(1)(A) shall remain effective until the

17 earliest of—

18 ‘‘(1) the rendering of a final adverse decision on

19 the applicant’s application for medical assistance

20 under the State’s plan under this title;

21 ‘‘(2) the cessation of the recipient’s eligibility for

22 such medical assistance; or

23 ‘‘(3) the express revocation by the applicant or

24 recipient (or such other person described in subsection
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1 (b)(1)(A), as applicable) of the authorization, in a

2 written notification to the State.

3 ‘‘(d) TREATMENT OF RIGHT TO FINANCIAL PRIVACY

4 ACT REQUIREMENTS.—

5 ‘‘(1) An authorization obtained by the State

6 under subsection (b)(1) shall be considered to meet the

7 requirements of the Right to Financial Privacy Act of

8 1978 for purposes of section 1103(a) of such Act, and

9 need not be furnished to the financial institution, not10 withstanding section 1104(a) of such Act.

11 ‘‘(2) The certification requirements of section

12 1103(b) of the Right to Financial Privacy Act of 1978

13 shall not apply to requests by the State pursuant to

14 an authorization provided under subsection (b)(1).

15 ‘‘(3) A request by the State pursuant to an au16 thorization provided under subsection (b)(1) is

17 deemed to meet the requirements of section 1104(a)(3)

18 of the Right to Financial Privacy Act of 1978 and of

19 section 1102 of such Act, relating to a reasonable de20 scription of financial records.

21 ‘‘(e) REQUIRED DISCLOSURE.—The State shall inform

22 any person who provides authorization pursuant to sub23 section (b)(1)(A) of the duration and scope of the authoriza24 tion.
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1 ‘‘(f) REFUSAL OR REVOCATION OF AUTHORIZATION.—

2 If an applicant for, or recipient of, medical assistance

3 under the State plan under this title (or such other person

4 described in subsection (b)(1)(A), as applicable) refuses to

5 provide, or revokes, any authorization made by the appli6 cant or recipient (or such other person, as applicable) under

7 subsection (b)(1)(A) for the State to obtain from any finan8 cial institution any financial record, the State may, on that

9 basis, determine that the applicant or recipient is ineligible

10 for medical assistance.

11 ‘‘(g) USE OF CONTRACTOR.—For purposes of imple12 menting an asset verification program under this section,

13 a State may select and enter into a contract with a public

14 or private entity meeting such criteria and qualifications

15 as the State determines appropriate, consistent with re16 quirements in regulations relating to general contracting

17 provisions and with section 1903(i)(2). In carrying out ac18 tivities under such contract, such an entity shall be subject

19 to the same requirements and limitations on use and disclo20 sure of information as would apply if the State were to

21 carry out such activities directly.

22 ‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall

23 provide States with technical assistance to aid in imple24 mentation of an asset verification program under this sec25 tion.
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1 ‘‘(i) REPORTS.—A State implementing an asset

2 verification program under this section shall furnish to the

3 Secretary such reports concerning the program, at such

4 times, in such format, and containing such information as

5 the Secretary determines appropriate.

6 ‘‘(j) TREATMENT OF PROGRAM EXPENSES.—Notwith7 standing any other provision of law, reasonable expenses

8 of States in carrying out the program under this section

9 shall be treated, for purposes of section 1903(a), in the same

10 manner as State expenditures specified in paragraph (7)

11 of such section.’’.

12 (2) STATE PLAN REQUIREMENTS.—Section

13 1902(a) of such Act (42 U.S.C. 1396a(a)) is

14 amended—

15 (A) in paragraph (69) by striking ‘‘and’’ at

16 the end;

17 (B) in paragraph (70) by striking the pe18 riod at the end and inserting ‘‘; and’’; and

19 (C) by inserting after paragraph (70), as so

20 amended, the following new paragraph:

21 ‘‘(71) provide that the State will implement an

22 asset verification program as required under section

23 1940.’’.
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1 (3) WITHHOLDING OF FEDERAL MATCHING PAY2 MENTS FOR NONCOMPLIANT STATES.—Section 1903(i)

3 of such Act (42 U.S.C. 1396b(i)) is amended—

4 (A) in paragraph (22) by striking ‘‘or’’ at

5 the end;

6 (B) in paragraph (23) by striking the pe7 riod at the end and inserting ‘‘; or’’; and

8 (C) by adding after paragraph (23) the fol9 lowing new paragraph:

10 ‘‘(24) if a State is required to implement an

11 asset verification program under section 1940 and

12 fails to implement such program in accordance with

13 such section, with respect to amounts expended by

14 such State for medical assistance for individuals sub15 ject to asset verification under such section, unless—

16 ‘‘(A) the State demonstrates to the Sec17 retary’s satisfaction that the State made a good

18 faith effort to comply;

19 ‘‘(B) not later than 60 days after the date

20 of a finding that the State is in noncompliance,

21 the State submits to the Secretary (and the Sec22 retary approves) a corrective action plan to rem23 edy such noncompliance; and
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1 ‘‘(C) not later than 12 months after the date

2 of such submission (and approval), the State ful3 fills the terms of such corrective action plan.’’.

4 (4) REPEAL.—Section 4 of Public Law 110–90

5 is repealed.

6 SEC. 6002. LIMITATION ON MEDICARE EXCEPTION TO

7 THE PROHIBITION ON CERTAIN PHYSICIAN REFERRALS

8 FOR HOSPITALS.—

9 (a) IN GENERAL.—Section 1877 of the Social Security

10 Act (42 U.S.C. 1395nn) is amended—

11 (1) in subsection (d)(2)—

12 (A) in subparagraph (A), by striking ‘‘and’’

13 at the end;

14 (B) in subparagraph (B), by striking the

15 period at the end and inserting ‘‘; and’’; and

16 (C) by adding at the end the following new

17 subparagraph:

18 ‘‘(C) in the case where the entity is a hos19 pital, the hospital meets the requirements of

20 paragraph (3)(D).’’;

21 (2) in subsection (d)(3)—

22 (A) in subparagraph (B), by striking ‘‘and’’

23 at the end;

24 (B) in subparagraph (C), by striking the

25 period at the end and inserting ‘‘; and’’; and
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1 (C) by adding at the end the following new

2 subparagraph:

3 ‘‘(D) the hospital meets the requirements de4 scribed in subsection (i)(1) not later than 18

5 months after the date of the enactment of this

6 subparagraph.’’; and

7 (3) by adding at the end the following new sub8 section:

9 ‘‘(i) REQUIREMENTS FOR HOSPITALS TO QUALIFY FOR

10 HOSPITAL EXCEPTION TO OWNERSHIP OR INVESTMENT

11 PROHIBITION.—

12 ‘‘(1) REQUIREMENTS DESCRIBED.—For purposes

13 of subsection (d)(3)(D), the requirements described in

14 this paragraph for a hospital are as follows:

15 ‘‘(A) PROVIDER AGREEMENT.—The hospital

16 had—

17 ‘‘(i) physician ownership on September

18 1, 2008; and

19 ‘‘(ii) a provider agreement under sec20 tion 1866 in effect on such date.

21 ‘‘(B) LIMITATION ON EXPANSION OF FACIL22 ITY CAPACITY.—Except as provided in para23 graph (3), the number of operating rooms, proce24 dure rooms, and beds of the hospital at any time

25 on or after the date of the enactment of this sub-
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1 section are no greater than the number of oper2 ating rooms, procedure rooms, and beds as of

3 such date.

4 ‘‘(C) PREVENTING CONFLICTS OF INTER5 EST.—

6 ‘‘(i) The hospital submits to the Sec7 retary an annual report containing a de8 tailed description of—

9 ‘‘(I) the identity of each physician

10 owner and any other owners of the hos11 pital; and

12 ‘‘(II) the nature and extent of all

13 ownership interests in the hospital.

14 ‘‘(ii) The hospital has procedures in

15 place to require that any referring physi16 cian owner discloses to the patient being re17 ferred, by a time that permits the patient to

18 make a meaningful decision regarding the

19 receipt of care, as determined by the

20 Secretary—

21 ‘‘(I) the ownership interest of such

22 referring physician in the hospital;

23 and
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1 ‘‘(II) if applicable, any such own2 ership interest of the treating physi3 cian.

4 ‘‘(iii) The hospital does not condition

5 any physician ownership interests either di6 rectly or indirectly on the physician owner

7 making or influencing referrals to the hos8 pital or otherwise generating business for

9 the hospital.

10 ‘‘(iv) The hospital discloses the fact

11 that the hospital is partially owned by

12 physicians—

13 ‘‘(I) on any public website for the

14 hospital; and

15 ‘‘(II) in any public advertising

16 for the hospital.

17 ‘‘(D) ENSURING BONA FIDE INVESTMENT.—

18 ‘‘(i) Physician owners in the aggregate

19 do not own more than the greater of—

20 ‘‘(I) 40 percent of the total value

21 of the investment interests held in the

22 hospital or in an entity whose assets

23 include the hospital; or
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1 ‘‘(II) the percentage of such total

2 value determined on the date of enact3 ment of this subsection.

4 ‘‘(ii) Any ownership or investment in5 terests that the hospital offers to a physician

6 owner are not offered on more favorable

7 terms than the terms offered to a person

8 who is not a physician owner.

9 ‘‘(iii) The hospital (or any investors in

10 the hospital) does not directly or indirectly

11 provide loans or financing for any physi12 cian owner investments in the hospital.

13 ‘‘(iv) The hospital (or any investors in

14 the hospital) does not directly or indirectly

15 guarantee a loan, make a payment toward

16 a loan, or otherwise subsidize a loan, for

17 any individual physician owner or group of

18 physician owners that is related to acquir19 ing any ownership interest in the hospital.

20 ‘‘(v) Investment returns are distributed

21 to each investor in the hospital in an

22 amount that is directly proportional to the

23 ownership interest of such investor in the

24 hospital.
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1 ‘‘(vi) Physician owners do not receive,

2 directly or indirectly, any guaranteed re3 ceipt of or right to purchase other business

4 interests related to the hospital, including

5 the purchase or lease of any property under

6 the control of other investors in the hospital

7 or located near the premises of the hospital.

8 ‘‘(vii) The hospital does not offer a

9 physician owner the opportunity to pur10 chase or lease any property under the con11 trol of the hospital or any other investor in

12 the hospital on more favorable terms than

13 the terms offered to an individual who is

14 not a physician owner.

15 ‘‘(E) PATIENT SAFETY.—

16 ‘‘(i) Insofar as the hospital admits a

17 patient and does not have any physician

18 available on the premises to provide services

19 during all hours in which the hospital is

20 providing services to such patient, before

21 admitting the patient—

22 ‘‘(I) the hospital discloses such

23 fact to a patient; and

24 ‘‘(II) following such disclosure, the

25 hospital receives from the patient a
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1 signed acknowledgment that the pa2 tient understands such fact.

3 ‘‘(ii) The hospital has the capacity

4 to—

5 ‘‘(I) provide assessment and ini6 tial treatment for patients; and

7 ‘‘(II) refer and transfer patients

8 to hospitals with the capability to treat

9 the needs of the patient involved.

10 ‘‘(F) LIMITATION ON APPLICATION TO CER11 TAIN CONVERTED FACILITIES.—The hospital was

12 not converted from an ambulatory surgical cen13 ter to a hospital on or after the date of enact14 ment of this subsection.

15 ‘‘(2) PUBLICATION OF INFORMATION RE16 PORTED.—The Secretary shall publish, and update on

17 an annual basis, the information submitted by hos18 pitals under paragraph (1)(C)(i) on the public Inter19 net website of the Centers for Medicare & Medicaid

20 Services.

21 ‘‘(3) EXCEPTION TO PROHIBITION ON EXPANSION

22 OF FACILITY CAPACITY.—

23 ‘‘(A) PROCESS.—

24 ‘‘(i) ESTABLISHMENT.—The Secretary

25 shall establish and implement a process
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1 under which an applicable hospital (as de2 fined in subparagraph (E)) may apply for

3 an exception from the requirement under

4 paragraph (1)(B).

5 ‘‘(ii) OPPORTUNITY FOR COMMUNITY

6 INPUT.—The process under clause (i) shall

7 provide individuals and entities in the com8 munity that the applicable hospital apply9 ing for an exception is located with the op10 portunity to provide input with respect to

11 the application.

12 ‘‘(iii) TIMING FOR IMPLEMENTATION.—

13 The Secretary shall implement the process

14 under clause (i) on November 1, 2009.

15 ‘‘(iv) REGULATIONS.—Not later than

16 November 1, 2009, the Secretary shall pro17 mulgate regulations to carry out the process

18 under clause (i).

19 ‘‘(B) FREQUENCY.—The process described

20 in subparagraph (A) shall permit an applicable

21 hospital to apply for an exception up to once

22 every 2 years.

23 ‘‘(C) PERMITTED INCREASE.—

24 ‘‘(i) IN GENERAL.—Subject to clause

25 (ii) and subparagraph (D), an applicable
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1 hospital granted an exception under the

2 process described in subparagraph (A) may

3 increase the number of operating rooms,

4 procedure rooms, and beds of the applicable

5 hospital above the baseline number of oper6 ating rooms, procedure rooms, and beds of

7 the applicable hospital (or, if the applicable

8 hospital has been granted a previous excep9 tion under this paragraph, above the num10 ber of operating rooms, procedure rooms,

11 and beds of the hospital after the applica12 tion of the most recent increase under such

13 an exception).

14 ‘‘(ii) LIFETIME 100 PERCENT INCREASE

15 LIMITATION.—The Secretary shall not per16 mit an increase in the number of operating

17 rooms, procedure rooms, and beds of an ap18 plicable hospital under clause (i) to the ex19 tent such increase would result in the num20 ber of operating rooms, procedure rooms,

21 and beds of the applicable hospital exceed22 ing 200 percent of the baseline number of

23 operating rooms, procedure rooms, and beds

24 of the applicable hospital.
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1 ‘‘(iii) BASELINE NUMBER OF OPER2 ATING ROOMS, PROCEDURE ROOMS, AND

3 BEDS.—In this paragraph, the term ‘base4 line number of operating rooms, procedure

5 rooms, and beds’ means the number of oper6 ating rooms, procedure rooms, and beds of

7 the applicable hospital as of the date of en8 actment of this subsection.

9 ‘‘(D) INCREASE LIMITED TOFACILITIES ON

10 THE MAIN CAMPUS OF THE HOSPITAL.—Any in11 crease in the number of operating rooms, proce12 dure rooms, and beds of an applicable hospital

13 pursuant to this paragraph may only occur in

14 facilities on the main campus of the applicable

15 hospital.

16 ‘‘(E) APPLICABLE HOSPITAL.—In this para17 graph, the term ‘‘applicable hospital’’ means a

18 hospital—

19 ‘‘(i) that is located in a county in

20 which the percentage increase in the popu21 lation during the most recent 5-year period

22 (as of the date of the application under sub23 paragraph (A)) is at least 150 percent of

24 the percentage increase in the population

25 growth of the State in which the hospital is
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1 located during that period, as estimated by

2 Bureau of the Census;

3 ‘‘(ii) whose annual percent of total in4 patient admissions that represent inpatient

5 admissions under the program under title

6 XIX is equal to or greater than the average

7 percent with respect to such admissions for

8 all hospitals located in the county in which

9 the hospital is located;

10 ‘‘(iii) that does not discriminate

11 against beneficiaries of Federal health care

12 programs and does not permit physicians

13 practicing at the hospital to discriminate

14 against such beneficiaries;

15 ‘‘(iv) that is located in a State in

16 which the average bed capacity in the State

17 is less than the national average bed capac18 ity; and

19 ‘‘(v) that has an average bed occu20 pancy rate that is greater than the average

21 bed occupancy rate in the State in which

22 the hospital is located.

23 ‘‘(F) PROCEDURE ROOMS.—In this sub24 section, the term ‘procedure rooms’ includes

25 rooms in which catheterizations, angiographies,
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1 angiograms, and endoscopies are performed, ex2 cept such term shall not include emergency

3 rooms or departments (exclusive of rooms in

4 which catheterizations, angiographies,

5 angiograms, and endoscopies are performed).

6 ‘‘(G) PUBLICATION OF FINAL DECISIONS.—

7 Not later than 60 days after receiving a complete

8 application under this paragraph, the Secretary

9 shall publish in the Federal Register the final de10 cision with respect to such application.

11 ‘‘(H) LIMITATION ON REVIEW.—There shall

12 be no administrative or judicial review under

13 section 1869, section 1878, or otherwise of the

14 process under this paragraph (including the es15 tablishment of such process).

16 ‘‘(4) COLLECTION OF OWNERSHIP AND INVEST17 MENT INFORMATION.—For purposes of subparagraphs

18 (A)(i) and (D)(i) of paragraph (1), the Secretary

19 shall collect physician ownership and investment in20 formation for each hospital.

21 ‘‘(5) PHYSICIAN OWNER DEFINED.—For purposes

22 of this subsection, the term ‘physician owner’ means

23 a physician (or an immediate family member of such

24 physician) with a direct or an indirect ownership in25 terest in the hospital.’’.
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1 (b) ENFORCEMENT.—

2 (1) ENSURING COMPLIANCE.—The Secretary of

3 Health and Human Services shall establish policies

4 and procedures to ensure compliance with the require5 ments described in subsection (i)(1) of section 1877 of

6 the Social Security Act, as added by subsection

7 (a)(3), beginning on the date such requirements first

8 apply. Such policies and procedures may include un9 announced site reviews of hospitals.

10 (2) AUDITS.—Beginning not later than January

11 1, 2010, the Secretary of Health and Human Services

12 shall conduct audits to determine if hospitals violate

13 the requirements referred to in paragraph (1).

14 SEC. 6003. Medicare Improvement Fund.—

15 Title XVIII of the Social Security Act (42 U.S.C. 1395

16 et seq.) is amended by adding at the end the following new

17 section:

18 ‘‘MEDICARE IMPROVEMENT FUND

19 ‘‘SEC. 1898. (a) ESTABLISHMENT.—The Secretary

20 shall establish under this title a Medicare Improvement

21 Fund (in this section referred to as the ‘Fund’) which shall

22 be available to the Secretary to make improvements under

23 the original fee-for-service program under parts A and B

24 for individuals entitled to, or enrolled for, benefits under

25 part A or enrolled under part B.

26 ‘‘(b) FUNDING.—
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1 ‘‘(1) IN GENERAL.—There shall be available to

2 the Fund, for expenditures from the Fund for services

3 furnished during fiscal year 2014, $3,340,000,000.

4 ‘‘(2) PAYMENT FROM TRUST FUNDS.—The

5 amount specified under paragraph (1) shall be avail6 able to the Fund, as expenditures are made from the

7 Fund, from the Federal Hospital Insurance Trust

8 Fund and the Federal Supplementary Medical Insur9 ance Trust Fund in such proportion as the Secretary

10 determines appropriate.

11 ‘‘(3) FUNDING LIMITATION.—Amounts in the

12 Fund shall be available in advance of appropriations

13 but only if the total amount obligated from the Fund

14 does not exceed the amount available to the Fund

15 under paragraph (1). The Secretary may obligate

16 funds from the Fund only if the Secretary determines

17 (and the Chief Actuary of the Centers for Medicare &

18 Medicaid Services and the appropriate budget officer

19 certify) that there are available in the Fund sufficient

20 amounts to cover all such obligations incurred con21 sistent with the previous sentence.’’.

22 SEC. 6004. MORATORIUM ON AUGUST 17, 2007 CMS

23 DIRECTIVE. Notwithstanding any other provision of law,

24 the Secretary of Health and Human Services shall not,

25 prior to April 1, 2009, finalize, implement, enforce, or oth-
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1 erwise take any action to give effect to any or all compo2 nents of the State Health Official Letter 07–001, dated Au3 gust 17, 2007, issued by the Director of the Center for Med4 icaid and State Operations in the Centers for Medicare &

5 Medicaid Services regarding certain requirements under the

6 State Children’s Health Insurance Program (CHIP) relat7 ing to the prevention of the substitution of health benefits

8 coverage for children (commonly referred to as ‘‘crowd-out’’)

9 and the enforcement of medical support orders (or to any

10 similar administrative actions that reflect the same or simi11 lar policies set forth in such letter). Any change made on

12 or after August 17, 2007, to a Medicaid or CHIP State

13 plan or waiver to implement, conform to, or otherwise ad14 here to the requirements or policies in such letter shall not

15 apply prior to April 1, 2009.

16 SEC. 6005. ADJUSTMENT TO PAQI FUND. Section

17 1848(l)(2) of the Social Security Act (42 U.S.C. 1395w–

18 4(l)(2)), as amended by section 101(a)(2) of the Medicare,

19 Medicaid, and SCHIP Extension Act of 2007 (Public Law

20 110–173), is amended—

21 (1) in subparagraph (A)(i)—

22 (A) in subclause (III), by striking

23 ‘‘$4,960,000,000’’ and inserting

24 ‘‘$3,940,000,000’’; and
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1 (B) by adding at the end the following new

2 subclause:

3 ‘‘(IV) For expenditures during

4 2014, an amount equal to

5 $3,750,000,000.’’;

6 (2) in subparagraph (A)(ii), by adding at the

7 end the following new subclause:

8 ‘‘(IV) 2014.—The amount avail9 able for expenditures during 2014 shall

10 only be available for an adjustment to

11 the update of the conversion factor

12 under subsection (d) for that year.’’;

13 and

14 (3) in subparagraph (B)—

15 (A) in clause (ii), by striking ‘‘and’’ at the

16 end;

17 (B) in clause (iii), by striking the period at

18 the end and inserting ‘‘; and’’; and

19 (C) by adding at the end the following new

20 clause:

21 ‘‘(iv) 2014 for payment with respect to

22 physicians’ services furnished during

23 2014.’’.
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1 TITLE VII—ACCOUNTABILITY AND COMPETITION

2 IN GOVERNMENT CONTRACTING

3 CHAPTER 1—CLOSE THE CONTRACTOR FRAUD

4 LOOPHOLE

5 SHORT TITLE

6 SEC. 7101. This chapter may be cited as the ‘‘Close

7 the Contractor Fraud Loophole Act’’.

8 REVISION OF THE FEDERAL ACQUISITION REGULATION

9 SEC. 7102. The Federal Acquisition Regulation shall

10 be amended within 180 days after the date of the enactment

11 of this Act pursuant to FAR Case 2007–006 (as published

12 at 72 Fed Reg. 64019, November 14, 2007) or any follow13 on FAR case to include provisions that require timely noti14 fication by Federal contractors of violations of Federal

15 criminal law or overpayments in connection with the

16 award or performance of covered contracts or subcontracts,

17 including those performed outside the United States and

18 those for commercial items.

19 DEFINITION

20 SEC. 7103. In this chapter, the term ‘‘covered contract’’

21 means any contract in an amount greater than $5,000,000

22 and more than 120 days in duration.
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1 CHAPTER 2—GOVERNMENT FUNDING

2 TRANSPARENCY

3 SHORT TITLE

4 SEC. 7201. This chapter may be cited as the ‘‘Govern5 ment Funding Transparency Act of 2008’’.

6 FINANCIAL DISCLOSURE REQUIREMENTS FOR CERTAIN

7 RECIPIENTS OF FEDERAL AWARDS

8 SEC. 7202. (a) DISCLOSURE REQUIREMENTS.—Sec9 tion 2(b)(1) of the Federal Funding Accountability and

10 Transparency Act (Public Law 109–282; 31 U.S.C. 6101

11 note) is amended—

12 (1) by striking ‘‘and’’ at the end of subpara13 graph (E);

14 (2) by redesignating subparagraph (F) as sub15 paragraph (G); and

16 (3) by inserting after subparagraph (E) the fol17 lowing new subparagraph:

18 ‘‘(F) the names and total compensation of

19 the five most highly compensated officers of the

20 entity if—

21 ‘‘(i) the entity in the preceding fiscal

22 year received—

23 ‘‘(I) 80 percent or more of its an24 nual gross revenues in Federal awards;

25 and
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1 ‘‘(II) $25,000,000 or more in an2 nual gross revenues from Federal

3 awards; and

4 ‘‘(ii) the public does not have access to

5 information about the compensation of the

6 senior executives of the entity through peri7 odic reports filed under section 13(a) or

8 15(d) of the Securities Exchange Act of

9 1934 (15 U.S.C. 78m(a), 78o(d)) or section

10 6104 of the Internal Revenue Code of

11 1986.’’.

12 (b) REGULATIONS REQUIRED.—The Director of the Of13 fice of Management and Budget shall promulgate regula14 tions to implement the amendment made by this chapter.

15 Such regulations shall include a definition of ‘‘total com16 pensation’’ that is consistent with regulations of the Securi17 ties and Exchange Commission at section 402 of part 229

18 of title 17 of the Code of Federal Regulations (or any subse19 quent regulation).

20 TITLE VIII

21 GENERAL PROVISIONS—THIS ACT

22 AVAILABILITY OF FUNDS

23 SEC. 8001. No part of any appropriation contained

24 in this Act shall remain available for obligation beyond the

25 current fiscal year unless expressly so provided herein.
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1 EMERGENCY DESIGNATION

2 SEC. 8002. Each amount in each title of this Act is

3 designated as an emergency requirement and necessary to

4 meet emergency needs pursuant to subsections (a) and (b)

5 of section 204 of S. Con. Res. 21 (110th Congress), the con6 current resolution on the budget for fiscal year 2008.

7 AVOIDANCE OF U.S. PAYROLL TAX CONTRIBUTIONS

8 SEC. 8003. None of the funds in this Act may be used

9 by any Federal agency for a contract with any United

10 States corporation which hires United States employees

11 through foreign offshore subsidiaries for purposes of avoid12 ing United States payroll tax contributions for such em13 ployees.

14 EXPLANATORY STATEMENT

15 SEC. 8004. The explanatory statement printed in the

16 Senate section of the Congressional Record on May 19,

17 2008, submitted by the Chairman of the Committee on Ap18 propriations of the Senate regarding the amendments of the

19 Senate to the House amendments to the Senate amendment

20 to the bill H.R. 2642, making appropriations for military

21 construction, the Department of Veterans Affairs, and re22 lated agencies for the fiscal year ending September 30,

23 2008, and for other purposes, submitted by the Chairman

24 of the Committee on Appropriations of the Senate, shall

25 have the same effect with respect to the allocation of funds

26 and implementation of titles I through XIII of this Act as
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1 if it were a report to the Senate on a bill reported by the

2 Committee on Appropriations.

3 SHORT TITLE

4 SEC. 8005. This Act may be cited as the ‘‘Supple5 mental Appropriations Act, 2008’’.

Attest:

Secretary.
110TH CONGRESS

2D SESSION H. R. 2642

HOUSE AMENDMENTS TO

SENATE AMENDMENTS TO

SENATE AMENDMENT