Supplemental Appropriations Act, 2008
PL 110-252 (H.R.2642), enacted 06/30/2008

122 STAT. 2323 
PUBLIC LAW 110–252—JUNE 30, 2008 
Public Law 110–252 
110th Congress 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 2008, and for other purposes, namely: 
TITLE I—MILITARY CONSTRUCTION, VETERANS AFFAIRS, 
INTERNATIONAL AFFAIRS, AND OTHER SECURITY-RE-
LATED MATTERS 
CHAPTER 1—AGRICULTURE 
DEPARTMENT OF AGRICULTURE 
FOREIGN AGRICULTURAL SERVICE 
PUBLIC LAW 480 TITLE II GRANTS 
For an additional amount for ‘‘Public Law 480 Title II Grants’’, 
$850,000,000, to remain available until expended. 
For an additional amount for ‘‘Public Law 480 Title II Grants’’, 
$395,000,000, to become available on October 1, 2008, and to remain 
available until expended. 
CHAPTER 2—JUSTICE 
DEPARTMENT OF JUSTICE 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector General’’, 
$4,000,000, to remain available until September 30, 2009. 
LEGAL ACTIVITIES 
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES 
For an additional amount for ‘‘Salaries and Expenses, General 
Legal Activities’’, $1,648,000, to remain available until September 
30, 2009. 
Supplemental 
Appropriations 
Act, 2008. 
June 30, 2008 
[H.R. 2642] 
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122 STAT. 2324 
PUBLIC LAW 110–252—JUNE 30, 2008 
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS 
For an additional amount for ‘‘Salaries and Expenses, United 
States Attorneys’’, $5,000,000, to remain available until September 
30, 2009. 
UNITED STATES MARSHALS SERVICE 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$28,621,000, to remain available until September 30, 2009. 
FEDERAL BUREAU OF INVESTIGATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$106,122,000, to remain available until September 30, 2009. 
For an additional amount for ‘‘Salaries and Expenses’’, 
$82,600,000, to become available on October 1, 2008, and to remain 
available until September 30, 2009. 
DRUG ENFORCEMENT ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$29,861,000, to remain available until September 30, 2009. 
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$4,000,000, to remain available until September 30, 2009. 
FEDERAL PRISON SYSTEM 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$9,100,000, to remain available until September 30, 2009. 
GENERAL PROVISION, THIS CHAPTER 
SEC. 1201. Funds appropriated by this chapter, or made avail-
able by the transfer of funds in this chapter, for intelligence or 
intelligence related activities are deemed to be specifically author-
ized by the Congress for purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 414). 
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122 STAT. 2325 
PUBLIC LAW 110–252—JUNE 30, 2008 
CHAPTER 3—MILITARY CONSTRUCTION AND VETERANS 
AFFAIRS 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For an additional amount for ‘‘Military Construction, Army’’, 
$1,108,200,000, of which $921,000,000 shall remain available until 
September 30, 2009, and of which $187,200,000 for child develop-
ment centers and trainee and recruit facilities (including planning 
and design) shall remain available until September 30, 2012: Pro-
vided, That notwithstanding any other provision of law, such funds 
may be obligated and expended to carry out planning and design 
and military construction projects not otherwise authorized by law: 
Provided further, That of the funds provided under this heading, 
not to exceed $73,400,000 shall be available for study, planning, 
design, and architect and engineer services: Provided further, That 
funds provided under this heading for Iraq shall not be obligated 
or expended until the Secretary of Defense certifies to the Commit-
tees on Appropriations of both Houses of Congress that none of 
the funds are to be used for the purpose of providing facilities 
for the permanent basing of United States military personnel in 
Iraq. 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Military Construction, Navy 
and Marine Corps’’, $355,907,000, of which $295,516,000 shall 
remain available until September 30, 2009, and of which 
$60,391,000 for child development centers and trainee and recruit 
facilities (including planning and design) shall remain available 
until September 30, 2012: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to 
carry out planning and design and military construction projects 
not otherwise authorized by law: Provided further, That of the 
funds provided under this heading, not to exceed $15,843,000 shall 
be available for study, planning, design, and architect and engineer 
services. 
MILITARY CONSTRUCTION, AIR FORCE 
For an additional amount for ‘‘Military Construction, Air Force’’, 
$399,627,000, of which $361,600,000 shall remain available until 
September 30, 2009, and of which $38,027,000 for child development 
centers (including planning and design) shall remain available until 
September 30, 2012: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to 
carry out planning and design and military construction projects 
not otherwise authorized by law: Provided further, That of the 
funds provided under this heading, not to exceed $36,427,000 shall 
be available for study, planning, design, and architect and engineer 
services: Provided further, That funds provided under this heading 
for Iraq shall not be obligated or expended until the Secretary 
of Defense certifies to the Committees on Appropriations of both 
Houses of Congress that none of the funds are to be used for 
the purpose of providing facilities for the permanent basing of 
United States military personnel in Iraq. 
Certification. 
Iraq. 
Certification. 
Iraq. 
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122 STAT. 2326 
PUBLIC LAW 110–252—JUNE 30, 2008 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
For an additional amount for ‘‘Military Construction, Defense- 
Wide’’, $890,921,000, of which $27,600,000 shall remain available 
until September 30, 2009, and of which $863,321,000 for medical 
treatment facilities (including planning and design) shall remain 
available until September 30, 2012: Provided, That notwithstanding 
any other provision of law, such funds may be obligated and 
expended to carry out planning and design and military construction 
projects not otherwise authorized by law. 
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Family Housing Construction, 
Navy and Marine Corps’’, $11,766,000, to remain available until 
September 30, 2009: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to 
carry out planning and design and military construction projects 
not otherwise authorized by law. 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 
For deposit into the Department of Defense Base Closure 
Account 2005, established by section 2906A(a)(1) of the Defense 
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
$1,278,886,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, such funds may be 
obligated and expended to carry out planning and design and mili-
tary construction projects not otherwise authorized by law. 
DEPARTMENT OF VETERANS AFFAIRS 
DEPARTMENTAL ADMINISTRATION 
GENERAL OPERATING EXPENSES 
For an additional amount for ‘‘General Operating Expenses’’, 
$100,000,000, to remain available until September 30, 2009. 
INFORMATION TECHNOLOGY SYSTEMS 
For an additional amount for ‘‘Information Technology Sys-
tems’’, $20,000,000, to remain available until September 30, 2009. 
CONSTRUCTION, MAJOR PROJECTS 
For an additional amount for ‘‘Construction, Major Projects’’, 
$396,377,000, to remain available until expended, which shall be 
for acceleration and completion of planned major construction of 
Level I polytrauma rehabilitation centers as identified in the 
Department of Veterans Affairs’ Five Year Capital Plan: Provided, 
That notwithstanding any other provision of law, such funds may 
be obligated and expended to carry out planning and design and 
major medical facility construction not otherwise authorized by 
law: Provided further, That within 30 days of enactment of this 
Act the Secretary shall submit to the Committees on Appropriations 
of both Houses of Congress an expenditure plan for funds provided 
under this heading. 
Deadline. 
Expenditure 
plan. 
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122 STAT. 2327 
PUBLIC LAW 110–252—JUNE 30, 2008 
GENERAL PROVISIONS, THIS CHAPTER 
SEC. 1301. In addition to amounts otherwise appropriated or 
made available under the heading ‘‘Military Construction, Army’’, 
there is hereby appropriated an additional $200,000,000, to remain 
available until September 30, 2012, to accelerate barracks improve-
ments at Department of Army installations: Provided, That notwith-
standing any other provision of law, such funds may be obligated 
and expended to carry out planning and design and barracks 
construction not otherwise authorized by law: Provided further, 
That within 30 days of enactment of this Act the Secretary of 
the Army shall submit to the Committees on Appropriations of 
both Houses of Congress an expenditure plan for barracks construc-
tion prior to obligation. 
SEC. 1302. None of the funds appropriated in this or any 
other Act may be used to disestablish, reorganize, or relocate the 
Armed Forces Institute of Pathology, except for the Armed Forces 
Medical Examiner, until the President has established, as required 
by section 722 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 199; 10 U.S.C. 176 
note), a Joint Pathology Center. 
SEC. 1303. (a) LIMITATION ON AUTHORITY.— 
(1) IN GENERAL.—Chapter 53 of title 38, United States 
Code, is amended by inserting after section 5302 the following 
new section: 
‘‘§ 5302A Collection of indebtedness: certain debts of mem-
bers of the Armed Forces and veterans who die 
of injury incurred or aggravated in the line of 
duty in a combat zone 
‘‘(a) LIMITATION ON AUTHORITY.—The Secretary may not collect 
all or any part of an amount owed to the United States by a 
member of the Armed Forces or veteran described in subsection 
(b) under any program under the laws administered by the Sec-
retary, other than a program referred to in subsection (c), if the 
Secretary determines that termination of collection is in the best 
interest of the United States. 
‘‘(b) COVERED INDIVIDUALS.—A member of the Armed Forces 
or veteran described in this subsection is any member or veteran 
who dies as a result of an injury incurred or aggravated in the 
line of duty while serving in a theater of combat operations (as 
determined by the Secretary in consultation with the Secretary 
of Defense) in a war or in combat against a hostile force during 
a period of hostilities (as that term is defined in section 
1712A(a)(2)(B) of this title) after September 11, 2001. 
‘‘(c) INAPPLICABILITY TO HOUSING AND SMALL BUSINESS BENEFIT 
PROGRAMS.—The limitation on authority in subsection (a) shall 
not apply to any amounts owed the United States under any pro-
gram carried out under chapter 37 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 53 of such title is amended by inserting 
after the item relating to section 5302 the following new item: 
‘‘5302A. Collection of indebtedness: certain debts of members of the Armed Forces 
and veterans who die of injury incurred or aggravated in the line of 
duty in a combat zone.’’. 
(b) EQUITABLE REFUND.—In any case where all or any part 
of an indebtedness of a covered individual, as described in section 
5302A(a) of title 38, United States Code, as added by subsection 
38 USC 5302A 
note. 
Combat Veterans 
Debt Elimination 
Act of 2008. 
President. 
Deadline. 
Expenditure 
plan. 
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122 STAT. 2328 
PUBLIC LAW 110–252—JUNE 30, 2008 
(a)(1), was collected after September 11, 2001, and before the date 
of the enactment of this Act, and the Secretary of Veterans Affairs 
determines that such indebtedness would have been terminated 
had such section been in effect at such time, the Secretary may 
refund the amount so collected if the Secretary determines that 
the individual is equitably entitled to such refund. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of the enactment of this Act, and 
shall apply with respect to collections of indebtedness of members 
of the Armed Forces and veterans who die on or after September 
11, 2001. 
(d) SHORT TITLE.—This section may be cited as the ‘‘Combat 
Veterans Debt Elimination Act of 2008’’. 
CHAPTER 4—DEPARTMENT OF STATE AND FOREIGN 
OPERATIONS 
SUBCHAPTER A—SUPPLEMENTAL APPROPRIATIONS FOR 
FISCAL YEAR 2008 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC AND CONSULAR PROGRAMS 
For an additional amount for ‘‘Diplomatic and Consular Pro-
grams’’, $1,465,700,000, to remain available until September 30, 
2009, of which $210,400,000 is for worldwide security protection 
and shall remain available until expended: Provided, That not 
more than $1,150,000,000 of the funds appropriated under this 
heading shall be available for diplomatic operations in Iraq: Pro-
vided further, That of the funds appropriated under this heading, 
not more than $30,000,000 shall be made available to establish 
and implement a coordinated civilian response capacity at the 
United States Department of State. 
OFFICE OF INSPECTOR GENERAL 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Office of Inspector General’’, 
$9,500,000, to remain available until September 30, 2009: Provided, 
That $2,500,000 shall be transferred to the Special Inspector Gen-
eral for Iraq Reconstruction for reconstruction oversight, and 
$2,000,000 shall be transferred to the Special Inspector General 
for Afghanistan Reconstruction for reconstruction oversight. 
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE 
For an additional amount for ‘‘Embassy Security, Construction, 
and Maintenance’’, $76,700,000, to remain available until expended, 
for facilities in Afghanistan. 
38 USC 101 note. 
Applicability. 
38 USC 5302A 
note. 
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122 STAT. 2329 
PUBLIC LAW 110–252—JUNE 30, 2008 
INTERNATIONAL ORGANIZATIONS 
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 
For an additional amount for ‘‘Contributions to International 
Organizations’’, $66,000,000, to remain available until September 
30, 2009. 
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES 
For an additional amount for ‘‘Contributions for International 
Peacekeeping Activities’’, $373,708,000, to remain available until 
September 30, 2009, of which $333,600,000 shall be made available 
for the United Nations-African Union Hybrid Mission in Darfur. 
RELATED AGENCY 
BROADCASTING BOARD OF GOVERNORS 
INTERNATIONAL BROADCASTING OPERATIONS 
For an additional amount for ‘‘International Broadcasting Oper-
ations’’, $2,000,000, to remain available until September 30, 2009. 
BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL DISASTER ASSISTANCE 
For an additional amount for ‘‘International Disaster Assist-
ance’’, $220,000,000, to remain available until expended. 
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR 
INTERNATIONAL DEVELOPMENT 
For an additional amount for ‘‘Operating Expenses of the United 
States Agency for International Development’’, $150,500,000, to 
remain available until September 30, 2009: Provided, That of the 
funds appropriated under this heading, not more than $25,000,000 
shall be made available to establish and implement a coordinated 
civilian response capacity at the United States Agency for Inter-
national Development. 
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR 
INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Operating Expenses of the United 
States Agency for International Development Office of Inspector 
General’’, $4,000,000, to remain available until September 30, 2009. 
OTHER BILATERAL ECONOMIC ASSISTANCE 
ECONOMIC SUPPORT FUND 
For an additional amount for ‘‘Economic Support Fund’’, 
$1,882,500,000, to remain available until September 30, 2009, of 
which not more than $424,000,000 may be made available for 
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122 STAT. 2330 
PUBLIC LAW 110–252—JUNE 30, 2008 
assistance for Iraq, $175,000,000 shall be made available for assist-
ance for Jordan to meet the needs of Iraqi refugees, and up to 
$53,000,000 may be made available for energy-related assistance 
for North Korea, notwithstanding any other provision of law: Pro-
vided, That not more than $171,000,000 of the funds appropriated 
under this heading in this subchapter shall be made available 
for assistance for the West Bank and Gaza and none of such 
funds shall be for cash transfer assistance: Provided further, That 
of the funds appropriated under this heading, $1,000,000 shall 
be made available for the Office of the United Nations High 
Commissioner for Human Rights in Mexico: Provided further, That 
the funds made available under this heading for energy-related 
assistance for North Korea may be made available to support the 
goals of the Six Party Talks Agreements after the Secretary of 
State determines and reports to the Committees on Appropriations 
that North Korea is continuing to fulfill its commitments under 
such agreements. 
DEPARTMENT OF STATE 
DEMOCRACY FUND 
For an additional amount for ‘‘Democracy Fund’’, $76,000,000, 
to remain available until September 30, 2009, of which $75,000,000 
shall be for democracy programs in Iraq and $1,000,000 shall be 
for democracy programs in Chad. 
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT 
For an additional amount for ‘‘International Narcotics Control 
and Law Enforcement’’, $390,300,000, to remain available until 
September 30, 2009, of which not more than $25,000,000 shall 
be made available for security assistance for the West Bank. 
MIGRATION AND REFUGEE ASSISTANCE 
For an additional amount for ‘‘Migration and Refugee Assist-
ance’’, $315,000,000, to remain available until expended. 
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE 
FUND 
For an additional amount for ‘‘United States Emergency Ref-
ugee and Migration Assistance Fund’’, $31,000,000, to remain avail-
able until expended. 
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED 
PROGRAMS 
For an additional amount for ‘‘Nonproliferation, Anti-Terrorism, 
Demining and Related Programs’’, $13,700,000, to remain available 
until September 30, 2009. 
Reports. 
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122 STAT. 2331 
PUBLIC LAW 110–252—JUNE 30, 2008 
MILITARY ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
FOREIGN MILITARY FINANCING PROGRAM 
For an additional amount for ‘‘Foreign Military Financing Pro-
gram’’, $137,500,000, to remain available until September 30, 2009, 
of which $17,000,000 shall be made available for assistance for 
Jordan and up to $116,500,000 may be made available for assistance 
for Mexico. 
Not more than $1,350,000 of the funds appropriated or other-
wise made available under the heading ‘‘Foreign Military Financing 
Program’’ by the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2008 (division J of Public 
Law 110–161) that were previously transferred to and merged with 
‘‘Diplomatic and Consular Programs’’ may be made available for 
any purposes authorized for that account, of which up to $500,000 
shall be made available to increase the capacity of the United 
States Embassy in Mexico City to implement section 620J of the 
Foreign Assistance Act of 1961: Provided, That funds made available 
by this paragraph shall not be subject to Section 8002 of this 
Act. 
SUBCHAPTER B—BRIDGE FUND SUPPLEMENTAL 
APPROPRIATIONS FOR FISCAL YEAR 2009 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC AND CONSULAR PROGRAMS 
For an additional amount for ‘‘Diplomatic and Consular Pro-
grams’’, $704,900,000, which shall become available on October 
1, 2008, and remain available through September 30, 2009: Pro-
vided, That of the funds appropriated under this heading, 
$78,400,000 is for worldwide security protection and shall remain 
available until expended: Provided further, That not more than 
$550,500,000 of the funds appropriated under this heading shall 
be available for diplomatic operations in Iraq. 
OFFICE OF INSPECTOR GENERAL 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Office of Inspector General’’, 
$57,000,000, which shall become available on October 1, 2008, and 
remain available through September 30, 2009: Provided, That 
$36,500,000 shall be transferred to the Special Inspector General 
for Iraq Reconstruction for reconstruction oversight and $5,000,000 
shall be transferred to the Special Inspector General for Afghanistan 
Reconstruction for reconstruction oversight. 
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE 
For an additional amount for ‘‘Embassy Security, Construction, 
and Maintenance’’, $41,300,000, which shall become available on 
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122 STAT. 2332 
PUBLIC LAW 110–252—JUNE 30, 2008 
October 1, 2008, and remain available until expended, for facilities 
in Afghanistan. 
INTERNATIONAL ORGANIZATIONS 
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 
For an additional amount for ‘‘Contributions to International 
Organizations’’, $75,000,000, which shall become available on 
October 1, 2008, and remain available through September 30, 2009. 
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES 
For an additional amount for ‘‘Contributions for International 
Peacekeeping Activities’’, $150,500,000, which shall become avail-
able on October 1, 2008, and remain available through September 
30, 2009. 
RELATED AGENCY 
BROADCASTING BOARD OF GOVERNORS 
INTERNATIONAL BROADCASTING OPERATIONS 
For an additional amount for ‘‘International Broadcasting Oper-
ations’’, $6,000,000, which shall become available on October 1, 
2008, and remain available through September 30, 2009. 
BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
GLOBAL HEALTH AND CHILD SURVIVAL 
For an additional amount for ‘‘Global Health and Child Sur-
vival’’, $75,000,000, which shall become available on October 1, 
2008, and remain available through September 30, 2009, for pro-
grams to combat avian influenza. 
DEVELOPMENT ASSISTANCE 
For an additional amount for ‘‘Development Assistance’’, 
$200,000,000, for assistance for developing countries to address 
the international food crisis notwithstanding any other provision 
of law, which shall become available on October 1, 2008, and remain 
available through September 30, 2010: Provided, That such assist-
ance should be carried out consistent with the purposes of section 
103(a)(1) of the Foreign Assistance Act of 1961: Provided further, 
That not more than $50,000,000 should be made available for 
local or regional purchase and distribution of food: Provided further, 
That the Secretary of State shall submit to the Committees on 
Appropriations not later than 45 days after enactment of this Act, 
and prior to the initial obligation of funds appropriated under 
this heading, a report on the proposed uses of such funds to alleviate 
hunger and malnutrition, including a list of those countries facing 
significant food shortages. 
Deadline. 
Reports. 
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122 STAT. 2333 
PUBLIC LAW 110–252—JUNE 30, 2008 
INTERNATIONAL DISASTER ASSISTANCE 
For an additional amount for ‘‘International Disaster Assist-
ance’’, $200,000,000, which shall become available on October 1, 
2008, and remain available until expended. 
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR 
INTERNATIONAL DEVELOPMENT 
For an additional amount for ‘‘Operating Expenses of the United 
States Agency for International Development’’, $93,000,000, which 
shall become available on October 1, 2008, and remain available 
through September 30, 2009. 
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR 
INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Operating Expenses of the United 
States Agency for International Development Office of Inspector 
General’’, $1,000,000, which shall become available on October 1, 
2008, and remain available through September 30, 2009. 
OTHER BILATERAL ECONOMIC ASSISTANCE 
ECONOMIC SUPPORT FUND 
For an additional amount for ‘‘Economic Support Fund’’, 
$1,124,800,000, which shall become available on October 1, 2008, 
and remain available through September 30, 2009, of which not 
more than $102,500,000 may be made available for assistance for 
Iraq, $100,000,000 shall be made available for assistance for Jordan, 
not more than $455,000,000 may be made available for assistance 
for Afghanistan, not more than $150,000,000 may be made available 
for assistance for Pakistan, not more than $150,000,000 shall be 
made available for assistance for the West Bank and Gaza, and 
$15,000,000 may be made available for energy-related assistance 
for North Korea, notwithstanding any other provision of law. 
DEPARTMENT OF STATE 
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT 
For an additional amount for ‘‘International Narcotics Control 
and Law Enforcement’’, $199,000,000, which shall become available 
on October 1, 2008, and remain available through September 30, 
2009: Provided, That not more than $50,000,000 of the funds appro-
priated under this heading shall be made available for security 
assistance for the West Bank and up to $48,000,000 may be made 
available for assistance for Mexico. 
MIGRATION AND REFUGEE ASSISTANCE 
For an additional amount for ‘‘Migration and Refugee Assist-
ance’’, $350,000,000, which shall become available on October 1, 
2008, and remain available until expended. 
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122 STAT. 2334 
PUBLIC LAW 110–252—JUNE 30, 2008 
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED 
PROGRAMS 
For an additional amount for ‘‘Nonproliferation, Anti-Terrorism, 
Demining and Related Programs’’, $4,500,000, for humanitarian 
demining assistance for Iraq, which shall become available on 
October 1, 2008, and remain available through September 30, 2009. 
MILITARY ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
FOREIGN MILITARY FINANCING PROGRAM 
For an additional amount for ‘‘Foreign Military Financing Pro-
gram’’, $302,500,000, which shall become available on October 1, 
2008, and remain available through September 30, 2009, of which 
$100,000,000 shall be made available for assistance for Jordan, 
and not less than $170,000,000 shall be available for grants only 
for Israel and shall be disbursed not later than November 1, 2008: 
Provided, That section 3802(c) of title III, chapter 8 of Public 
Law 110–28 shall apply to funds made available under this heading 
for assistance for Lebanon. 
PEACEKEEPING OPERATIONS 
For an additional amount for ‘‘Peacekeeping Operations’’, 
$95,000,000, which shall become available on October 1, 2008, and 
remain available through September 30, 2009. 
SUBCHAPTER C—GENERAL PROVISIONS, THIS CHAPTER 
EXTENSION OF AUTHORITIES 
SEC. 1401. Funds appropriated by this chapter may be obligated 
and expended notwithstanding section 10 of Public Law 91–672 
(22 U.S.C. 2412), section 15 of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 
6212), and section 504(a)(1) of the National Security Act of 1947 
(50 U.S.C. 414(a)(1)). 
IRAQ 
SEC. 1402. (a) ASSET TRANSFER AGREEMENT.— 
(1) None of the funds appropriated by this chapter for 
infrastructure maintenance activities in Iraq may be made 
available until the Secretary of State certifies and reports to 
the Committees on Appropriations that the Governments of 
the United States and Iraq have entered into, and are imple-
menting, an asset transfer agreement that includes commit-
ments by the Government of Iraq to maintain United States- 
funded infrastructure in Iraq. 
(2) None of the funds appropriated by this chapter may 
be made available for the construction of prison facilities in 
Iraq. 
(b) ANTI-CORRUPTION.—Not more than 40 percent of the funds 
appropriated by this chapter for rule of law programs in Iraq 
may be made available for assistance for the Government of Iraq 
Lists. 
Certification. 
Reports. 
Applicability. 
Deadline. 
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122 STAT. 2335 
PUBLIC LAW 110–252—JUNE 30, 2008 
until the Secretary of State reports to the Committees on Appropria-
tions that a comprehensive anti-corruption strategy has been devel-
oped, and is being implemented, by the Government of Iraq, and 
the Secretary of State submits a list, in classified form if necessary, 
to the Committees on Appropriations of senior Iraqi officials who 
the Secretary has credible evidence to believe have committed cor-
rupt acts. 
(c) PROVINCIAL RECONSTRUCTION TEAMS.—None of the funds 
appropriated by this chapter for the operational or program 
expenses of Provincial Reconstruction Teams (PRTs) in Iraq may 
be made available until the Secretary of State submits a report 
to the Committees on Appropriations detailing— 
(1) the strategy for the eventual winding down and close 
out of PRTs; 
(2) anticipated costs associated with PRT operations, pro-
grams, and eventual winding down and close out, including 
security for PRT personnel and anticipated Government of Iraq 
contributions; and 
(3) anticipated placement and cost estimates of future 
United States Consulates in Iraq. 
(d) COMMUNITY STABILIZATION PROGRAM.—Not more than 50 
percent of the funds appropriated by this chapter for the Community 
Stabilization Program in Iraq may be made available until the 
Secretary of State certifies and reports to the Committees on Appro-
priations that the United States Agency for International Develop-
ment is implementing recommendations contained in Office of 
Inspector General Audit Report No. E-267-08-001-P to ensure 
accountability of funds. 
(e) MATCHING REQUIREMENT.— 
(1) Notwithstanding any other provision of law, funds 
appropriated by this chapter for assistance for Iraq shall be 
made available only to the extent that the Government of 
Iraq matches such assistance on a dollar-for-dollar basis. 
(2) Paragraph (1) shall not apply to funds made available 
for— 
(A) grants and cooperative agreements for programs 
to promote democracy and human rights; 
(B) the Community Action Program and other assist-
ance through civil society organizations; 
(C) humanitarian demining; or 
(D) assistance for refugees, internally displaced per-
sons, and civilian victims of the military operations. 
(3) The Secretary of State shall certify to the Committees 
on Appropriations prior to the initial obligation of funds pursu-
ant to this section that the Government of Iraq has committed 
to obligate matching funds on a dollar-for-dollar basis. The 
Secretary shall submit a report to the Committees on Appro-
priations not later than September 30, 2008, and 180 days 
thereafter, detailing the amounts of funds obligated and 
expended by the Government of Iraq to meet the requirements 
of this section. 
(4) Not later than 45 days after enactment of this Act, 
the Secretary of State shall submit a report to the Committees 
on Appropriations detailing the amounts provided by the 
Government of Iraq since June 30, 2004, to assist Iraqi refugees 
in Syria, Jordan, and elsewhere, and the amount of such assist-
ance the Government of Iraq plans to provide in fiscal year 
Deadline. 
Deadlines. 
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122 STAT. 2336 
PUBLIC LAW 110–252—JUNE 30, 2008 
2008. The Secretary shall work expeditiously with the Govern-
ment of Iraq to establish an account within its annual budget 
sufficient to, at a minimum, match United States contributions 
on a dollar-for-dollar basis to organizations and programs for 
the purpose of assisting Iraqi refugees. 
AFGHANISTAN 
SEC. 1403. (a) ASSISTANCE
FOR WOMEN
AND GIRLS.—Funds 
appropriated by this chapter under the heading ‘‘Economic Support 
Fund’’ that are available for assistance for Afghanistan shall be 
made available, to the maximum extent practicable, through local 
Afghan provincial and municipal governments and Afghan civil 
society organizations and in a manner that emphasizes the partici-
pation of Afghan women and directly improves the economic, social 
and political status of Afghan women and girls. 
(b) HIGHER EDUCATION.—Of the funds appropriated by this 
chapter under the heading ‘‘Economic Support Fund’’ that are made 
available for education programs in Afghanistan, not less than 
50 percent shall be made available to support higher education 
and vocational training programs in law, accounting, engineering, 
public administration, and other disciplines necessary to rebuild 
the country, in which the participation of women is emphasized. 
(c) POST-OPERATIONS ASSISTANCE.—Of the funds appropriated 
by this chapter under the heading ‘‘Economic Support Fund’’ that 
are available for assistance for Afghanistan, not less than 
$2,000,000 shall be made available for a United States contribution 
to the North Atlantic Treaty Organization/International Security 
Assistance Force Post-Operations Humanitarian Relief Fund. 
(d) ANTI-CORRUPTION.—Not later than 90 days after the enact-
ment of this Act, the Secretary of State shall— 
(1) submit a report to the Committees on Appropriations 
on actions being taken by the Government of Afghanistan to 
combat corruption within the national and provincial govern-
ments, including to remove and prosecute officials who have 
committed corrupt acts; 
(2) submit a list to the Committees on Appropriations, 
in classified form if necessary, of senior Afghan officials who 
the Secretary has credible evidence to believe have committed 
corrupt acts; and 
(3) certify and report to the Committees on Appropriations 
that effective mechanisms are in place to ensure that assistance 
to national government ministries and provincial governments 
will be properly accounted for. 
WEST BANK 
SEC. 1404. Not later than 90 days after the date of enactment 
of this Act and 180 days thereafter, the Secretary of State shall 
submit to the Committees on Appropriations a report on assistance 
provided by the United States for the training of Palestinian secu-
rity forces, including detailed descriptions of the training, cur-
riculum, and equipment provided; an assessment of the training 
and the performance of forces after training has been completed; 
and a description of the assistance that has been pledged and 
provided to Palestinian security forces by other donors: Provided, 
That not later than 90 days after the date of enactment of this 
Act, the Secretary of State shall report to the Committees on 
Deadlines. 
Reports. 
Certification. 
Lists. 
Deadline. 
Reports. 
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122 STAT. 2337 
PUBLIC LAW 110–252—JUNE 30, 2008 
Appropriations, in classified form if necessary, on the security 
strategy of the Palestinian Authority. 
WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA 
SEC. 1405. (a) WAIVER AUTHORITY.— 
(1) IN GENERAL.—Except as provided in subsection (b), the 
President may waive in whole or in part, with respect to North 
Korea, the application of any sanction contained in subpara-
graph (A), (B), (D) or (G) under section 102(b)(2) of the Arms 
Export Control Act (22 U.S.C. 2799aa–1(b)), for the purpose 
of providing assistance related to— 
(A) the implementation and verification of the compli-
ance by North Korea with its commitment, undertaken 
in the Joint Statement of September 19, 2005, to abandon 
all nuclear weapons and existing nuclear programs as part 
of the verifiable denuclearization of the Korean Peninsula; 
and 
(B) the elimination of the capability of North Korea 
to develop, deploy, transfer, or maintain weapons of mass 
destruction and their delivery systems. 
(2) LIMITATION.—The authority under paragraph (1) shall 
expire 5 years after the date of enactment of this Act. 
(b) EXCEPTIONS.— 
(1) LIMITED
EXCEPTION
RELATED
TO
CERTAIN
SANCTIONS 
AND PROHIBITIONS.—The authority under subsection (a) shall 
not apply with respect to a sanction or prohibition under 
subparagraph (B) or (G) of section 102(b)(2) of the Arms Export 
Control Act, unless the President determines and certifies to 
the appropriate congressional committees that— 
(A) all reasonable steps will be taken to assure that 
the articles or services exported or otherwise provided will 
not be used to improve the military capabilities of the 
armed forces of North Korea; and 
(B) such waiver is in the national security interests 
of the United States. 
(2) LIMITED EXCEPTION RELATED TO CERTAIN ACTIVITIES.— 
Unless the President determines and certifies to the appropriate 
congressional committees that using the authority under sub-
section (a) is vital to the national security interests of the 
United States, such authority shall not apply with respect 
to— 
(A) an activity described in subparagraph (A) of section 
102(b)(1) of the Arms Export Control Act that occurs after 
September 19, 2005, and before the date of the enactment 
of this Act; 
(B) an activity described in subparagraph (C) of such 
section that occurs after September 19, 2005; or 
(C) an activity described in subparagraph (D) of such 
section that occurs after the date of enactment of this 
Act. 
(3) EXCEPTION RELATED TO CERTAIN ACTIVITIES OCCURRING 
AFTER DATE OF ENACTMENT.—The authority under subsection 
(a) shall not apply with respect to an activity described in 
subparagraph (A) or (B) of section 102(b)(1) of the Arms Export 
Control Act that occurs after the date of the enactment of 
this Act. 
President. 
Certification. 
President. 
Certification. 
Expiration date. 
22 USC 
2799aa–1 note. 
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122 STAT. 2338 
PUBLIC LAW 110–252—JUNE 30, 2008 
(4) LIMITED EXCEPTION RELATED TO LETHAL WEAPONS.— 
The authority under subsection (a) shall not apply with respect 
to any export of lethal defense articles that would be prevented 
by the application of section 102(b)(2) of the Arms Export 
Control Act. 
(c) NOTIFICATIONS AND REPORTS.— 
(1) CONGRESSIONAL
NOTIFICATION.—The President shall 
notify the appropriate congressional committees in writing not 
later than 15 days before exercising the waiver authority under 
subsection (a). 
(2) ANNUAL REPORT.—Not later than January 31, 2009, 
and annually thereafter, the President shall submit to the 
appropriate congressional committees a report that— 
(A) lists all waivers issued under subsection (a) during 
the preceding year; 
(B) describes in detail the progress that is being made 
in the implementation of the commitment undertaken by 
North Korea, in the Joint Statement of September 19, 
2005, to abandon all nuclear weapons and existing nuclear 
programs as part of the verifiable denuclearization of the 
Korean Peninsula; 
(C) discusses specifically any shortcomings in the 
implementation by North Korea of that commitment; and 
(D) lists and describes the progress and shortcomings, 
in the preceding year, of all other programs promoting 
the elimination of the capability of North Korea to develop, 
deploy, transfer, or maintain weapons of mass destruction 
or their delivery systems. 
(3) REPORT ON VERIFICATION MEASURES RELATING TO NORTH 
KOREA’S NUCLEAR PROGRAMS.— 
(A) IN GENERAL.—Not later than 15 days after the 
date of enactment of this Act, the Secretary of State shall 
submit to the appropriate congressional committees a 
report on verification measures relating to North Korea’s 
nuclear programs under the Six-Party Talks Agreement 
of February 13, 2007, with specific focus on how such 
verification measures are defined under the Six-Party Talks 
Agreement and understood by the United States Govern-
ment. 
(B) MATTERS TO BE INCLUDED.—The report required 
under subsection (A) shall include, among other elements, 
a description of— 
(i) how the United States will confirm that North 
Korea has ‘‘provided a complete and correct declaration 
of all of its nuclear programs’’; 
(ii) how the United States will maintain a high 
and ongoing level of confidence that North Korea has 
fully met the terms of the Six-Party Talks Agreement 
relating to its nuclear programs; 
(iii) any diplomatic agreement with North Korea 
regarding verification measures relating to North 
Korea’s nuclear programs under the Six-Party Talks 
Agreement (other than implementing arrangements 
made during on-site operations); and 
(iv) any significant and continuing disagreement 
with North Korea regarding verification measures 
President. 
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122 STAT. 2339 
PUBLIC LAW 110–252—JUNE 30, 2008 
relating to North Korea’s nuclear programs under the 
Six-Party Talks Agreement. 
(C) FORM.—The report required under subsection (A) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committees on Appropriations, Armed Services, 
and Foreign Relations of the Senate; and 
(2) the Committees on Appropriations, Armed Services, 
and Foreign Affairs of the House of Representatives. 
MEXICO 
SEC. 1406. (a) ASSISTANCE FOR MEXICO.—Of the funds appro-
priated under the headings ‘‘International Narcotics Control and 
Law Enforcement’’, ‘‘Foreign Military Financing Program’’, and 
‘‘Economic Support Fund’’ in this chapter, not more than 
$352,000,000 of the funds appropriated in subchapter A and 
$48,000,000 of the funds appropriated in subchapter B may be 
made available for assistance for Mexico, only to combat drug 
trafficking and related violence and organized crime, and for judicial 
reform, institution building, anti-corruption, and rule of law activi-
ties, of which not less than $73,500,000 shall be used for judicial 
reform, institution building, anti-corruption, and rule of law activi-
ties: Provided, That none of the funds made available under this 
section shall be made available for budget support or as cash 
payments: Provided further, That not more than 45 days after 
enactment of this Act, and after consulting with relevant Mexican 
Government authorities, the Secretary of State shall report in 
writing to the Committees on Appropriations on the procedures 
in place to implement section 620J of the Foreign Assistance Act 
of 1961. 
(b) ALLOCATION OF FUNDS.—Fifteen percent of the funds made 
available in this chapter for assistance for Mexico under the 
headings ‘‘International Narcotics Control and Law Enforcement’’ 
and ‘‘Foreign Military Financing Program’’ may not be obligated 
until the Secretary of State reports in writing to the Committees 
on Appropriations that the Government of Mexico is— 
(1) improving the transparency and accountability of fed-
eral police forces and working with state and municipal authori-
ties to improve the transparency and accountability of state 
and municipal police forces through mechanisms including 
establishing police complaints commissions with authority and 
independence to receive complaints and carry out effective 
investigations; 
(2) establishing a mechanism for regular consultations 
among relevant Mexican Government authorities, Mexican 
human rights organizations and other relevant Mexican civil 
society organizations, to make recommendations concerning 
implementation of the Merida Initiative in accordance with 
Mexican and international law; 
(3) ensuring that civilian prosecutors and judicial authori-
ties are investigating and prosecuting, in accordance with Mexi-
can and international law, members of the federal police and 
military forces who have been credibly alleged to have com-
mitted violations of human rights, and the federal police and 
Reports. 
Deadline. 
Reports. 
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122 STAT. 2340 
PUBLIC LAW 110–252—JUNE 30, 2008 
military forces are fully cooperating with the investigations; 
and 
(4) enforcing the prohibition, in accordance with Mexican 
and international law, on the use of testimony obtained through 
torture or other ill-treatment. 
(c) EXCEPTION.—Notwithstanding subsection (b), of the funds 
appropriated by subchapter A for assistance for Mexico under the 
heading ‘‘International Narcotics Control and Law Enforcement’’, 
$3,000,000 shall be made available for technical and other assist-
ance to enable the Government of Mexico to implement a unified 
national registry of federal, state, and municipal police officers. 
(d) REPORT.—The report required in subsection (b) shall include 
a description of actions taken with respect to each requirement 
and the cases or issues brought to the attention of the Secretary 
of State for which the response or action taken has been inadequate. 
(e) NOTIFICATION.—Funds made available for Mexico by this 
chapter shall be subject to the regular notification procedures of 
the Committees on Appropriations and section 634A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394–1). 
(f) SPENDING PLAN.—Not later than 45 days after the date 
of the enactment of this Act, the Secretary of State shall submit 
to the Committees on Appropriations a detailed spending plan 
for funds appropriated or otherwise made available for Mexico 
by this chapter, which shall include a strategy, developed after 
consulting with relevant Mexican Government authorities, for com-
bating drug trafficking and related violence and organized crime, 
judicial reform, institution building, anti-corruption, and rule of 
law activities, with concrete goals, actions to be taken, budget 
proposals, and anticipated results. 
CENTRAL AMERICA 
SEC. 1407. (a) ASSISTANCE FOR THE COUNTRIES OF CENTRAL 
AMERICA.—Of the funds appropriated in subchapter A under the 
headings ‘‘International Narcotics Control and Law Enforcement’’, 
‘‘Foreign Military Financing Program’’, ‘‘Nonproliferation, Anti-Ter-
rorism, Demining and Related Programs’’, and ‘‘Economic Support 
Fund’’, $65,000,000 may be made available for assistance for the 
countries of Central America, Haiti, and the Dominican Republic 
only to combat drug trafficking and related violence and organized 
crime, and for judicial reform, institution building, anti-corruption, 
rule of law activities, and maritime security: Provided, That of 
the funds appropriated under the heading ‘‘Economic Support 
Fund’’, $25,000,000 shall be made available for an Economic and 
Social Development Fund for Central America, of which $20,000,000 
shall be made available through the United States Agency for 
International Development and $5,000,000 shall be made available 
through the Department of State for educational exchange pro-
grams: Provided further, That of the funds appropriated in sub-
chapter A under the heading ‘‘International Narcotics Control and 
Law Enforcement’’, $2,500,000 shall be made available for assist-
ance for Haiti, $2,500,000 shall be made available for assistance 
for the Dominican Republic, and $1,000,000 shall be made available 
for a United States contribution to the International Commission 
Against Impunity in Guatemala: Provided further, That none of 
the funds shall be made available for budget support or as cash 
payments: Provided further, That not more than 45 days after 
enactment of this Act, the Secretary of State shall report in writing 
Deadline. 
Reports. 
Deadline. 
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122 STAT. 2341 
PUBLIC LAW 110–252—JUNE 30, 2008 
to the Committees on Appropriations on the procedures in place 
to implement section 620J of the Foreign Assistance Act of 1961. 
(b) ALLOCATION OF FUNDS.—Fifteen percent of the funds made 
available by this chapter for assistance for the countries of Central 
America, Haiti and the Dominican Republic under the headings 
‘‘International Narcotics Control and Law Enforcement’’ and ‘‘For-
eign Military Financing Program’’ may not be obligated until the 
Secretary of State reports in writing to the Committees on Appro-
priations that the government of such country is— 
(1) establishing police complaints commissions with 
authority and independence to receive complaints and carry 
out effective investigations; 
(2) implementing reforms to improve the capacity and 
ensure the independence of the judiciary; and 
(3) investigating and prosecuting members of the federal 
police and military forces who have been credibly alleged to 
have committed violations of human rights. 
(c) REPORT.—The report required in subsection (b) shall include 
actions taken with respect to each requirement and the cases or 
issues brought to the attention of the Secretary of State for which 
the response or action taken has been inadequate. 
(d) NOTIFICATION.—Funds made available for assistance for 
the countries of Central America, Haiti and the Dominican Republic 
in subchapter A shall be subject to the regular notification proce-
dures of the Committees on Appropriations and section 634A of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1). 
(e) SPENDING PLAN.—Not later than 45 days after enactment 
of this Act, the Secretary of State shall submit to the Committees 
on Appropriations a detailed spending plan for funds appropriated 
or otherwise made available for the countries of Central America, 
Haiti and the Dominican Republic in subchapter A, which shall 
include a strategy for combating drug trafficking and related 
violence and organized crime, judicial reform, institution building, 
anti-corruption, and rule of law activities, with concrete goals, 
actions to be taken, budget proposals and anticipated results. 
(f) DEFINITION.—For the purposes of this section, the term 
‘‘countries of Central America’’ means Belize, Costa Rica, El Sal-
vador, Guatemala, Honduras, Nicaragua, and Panama. 
BUYING POWER MAINTENANCE ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 1408. (a) Of the funds appropriated under the heading 
‘‘Diplomatic and Consular Programs’’ and allocated by section 3810 
of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 
and Iraq Accountability Appropriations Act, 2007 (Public Law 110– 
28), $26,000,000 shall be transferred to and merged with funds 
in the ‘‘Buying Power Maintenance Account’’: Provided, That of 
the funds made available by this chapter up to an additional 
$74,000,000 may be transferred to and merged with the ‘‘Buying 
Power Maintenance Account’’, subject to the regular notification 
procedures of the Committees on Appropriations and in accordance 
with the procedures in section 34 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2706). Any funds transferred 
pursuant to this section shall be available, without fiscal year 
Deadline. 
Reports. 
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122 STAT. 2342 
PUBLIC LAW 110–252—JUNE 30, 2008 
limitation, pursuant to section 24 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2696). 
(b) Section 24(b)(7) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by amending subpara-
graph (D) to read as follows: 
‘‘(D) The authorities contained in this paragraph may 
be exercised only with respect to funds appropriated or 
otherwise made available after fiscal year 2008.’’. 
(c) The Broadcasting Board of Governors may transfer funds 
into its Buying Power Maintenance Account, notwithstanding the 
requirement that such funds be provided in advance in appropria-
tions Acts. The authority in this subsection may be exercised only 
with respect to funds appropriated or otherwise made available 
after fiscal year 2008. 
SERBIA 
SEC. 1409. Of the funds made available under the heading 
‘‘Assistance for Eastern Europe and the Baltic States’’ by title 
III of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2008 (division J of Public Law 110– 
161), an amount equivalent to the unpaid costs of damage to the 
United States Embassy in Belgrade, Serbia, as estimated by the 
Secretary of State, resulting from the February 21, 2008 attack 
on such Embassy, shall be withheld from obligation for assistance 
for the central government of Serbia if the Secretary of State 
reports to the Committees on Appropriations that the Government 
of Serbia has failed to provide full compensation to the Department 
of State for damages to the United States Embassy resulting from 
the February 21, 2008 attack on such embassy. Section 8002 of 
this Act shall not apply to this section. 
RESCISSIONS 
SEC. 1410. (a) WORLD FOOD PROGRAM.— 
(1) For an additional amount for a contribution to the 
World Food Program to assist farmers in countries affected 
by food shortages to increase crop yields, notwithstanding any 
other provision of law, $20,000,000, to remain available until 
expended. 
(2) Of the funds appropriated under the heading ‘‘Andean 
Counterdrug Initiative’’ in prior Acts making appropriations 
for foreign operations, export financing, and related programs, 
$20,000,000 are rescinded. 
(b) SUDAN.— 
(1) For an additional amount for ‘‘International Narcotics 
Control and Law Enforcement’’, $10,000,000, for assistance for 
Sudan to support formed police units, to remain available until 
September 30, 2009, and subject to prior consultation with 
the Committees on Appropriations. 
(2) Of the funds appropriated under the heading ‘‘Inter-
national Narcotics Control and Law Enforcement’’ in prior Acts 
making appropriations for foreign operations, export financing, 
and related programs, $10,000,000 are rescinded. 
(c) RESCISSION.—Of the unobligated balances of funds appro-
priated for ‘‘Iraq Relief and Reconstruction Fund’’ in prior Acts 
making appropriations for foreign operations, export financing, and 
related programs, $50,000,000 are rescinded. 
Reports. 
22 USC 6204 
note. 
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122 STAT. 2343 
PUBLIC LAW 110–252—JUNE 30, 2008 
(d) EXCEPTION.—Section 8002 of this Act shall not apply to 
subsections (a) and (b) of this section. 
DARFUR PEACEKEEPING 
SEC. 1411. Funds appropriated under the headings ‘‘Foreign 
Military Financing Program’’ and ‘‘Peacekeeping Operations’’ by 
the Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2008 (division J of Public Law 110–161) and 
by prior Acts making appropriations for foreign operations, export 
financing, and related programs may be used to transfer, equip, 
upgrade, refurbish or lease helicopters or related equipment nec-
essary to support the operations of the African Union/United 
Nations peacekeeping operation in Darfur, Sudan, that was estab-
lished pursuant to United Nations Security Council Resolution 1769. 
The President may utilize the authority of sections 506 or 516 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 2321j) 
or section 61 of the Arms Export Control Act (22 U.S.C. 2796) 
in order to provide such support, notwithstanding any other provi-
sion of law except for sections 502B(a)(2), 620A and 620J of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(2), 2371, 2378d) 
and section 40A of the Arms Export Control Act (22 U.S.C. 2780). 
Any exercise of the authorities provided by section 506 of the 
Foreign Assistance Act pursuant to this section may include the 
authority to acquire helicopters by contract. 
TIBET 
SEC. 1412. (a) Of the funds appropriated by this Act or prior 
Acts making appropriations for the Department of State, foreign 
operations and related programs under the headings ‘‘Diplomatic 
and Consular Programs’’ and ‘‘Embassy Security, Construction, and 
Maintenance’’, up to $5,000,000 shall be made available to establish 
a United States Consulate in Lhasa, Tibet. 
(b) The Department of State should not consent to opening 
a consular post in the United States by the People’s Republic 
of China until such time as the People’s Republic of China consents 
to opening a United States consular post in Lhasa, Tibet. 
JORDAN 
(INCLUDING RESCISSION OF FUNDS) 
SEC. 1413. (a) For an additional amount for ‘‘Economic Support 
Fund’’ for assistance for Jordan, $25,000,000, to remain available 
until September 30, 2009. 
(b) For an additional amount for ‘‘Foreign Military Financing 
Program’’ for assistance for Jordan, $33,000,000, to remain available 
until September 30, 2009. 
(c) Of the unobligated balances of funds appropriated under 
the heading ‘‘Millennium Challenge Corporation’’ in prior Acts 
making appropriations for foreign operations, export financing, and 
related programs, $58,000,000 are rescinded. 
(d) Section 8002 of this Act shall not apply to this section. 
ALLOCATIONS 
SEC. 1414. (a) Funds provided by this chapter for the following 
accounts shall be made available for programs and countries in 
Establishment. 
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122 STAT. 2344 
PUBLIC LAW 110–252—JUNE 30, 2008 
the amounts contained in the respective tables included in the 
explanatory statement printed in the Congressional Record accom-
panying this Act: 
‘‘Diplomatic and Consular Programs’’ 
‘‘Economic Support Fund’’. 
(b) Any proposed increases or decreases to the amounts con-
tained in such tables in the explanatory statement printed in the 
Congressional Record accompanying this Act shall be subject to 
the regular notification procedures of the Committees on Appropria-
tions and section 634A of the Foreign Assistance Act of 1961. 
REPROGRAMMING AUTHORITY 
SEC. 1415. Notwithstanding any other provision of law, to 
include minimum funding requirements or funding directives, funds 
made available under the headings ‘‘Development Assistance’’ and 
‘‘Economic Support Fund’’ in prior Acts making appropriations for 
foreign operations, export financing, and related programs may 
be made available to address critical food shortages, subject to 
prior consultation with, and the regular notification procedures 
of, the Committees on Appropriations. 
SPENDING PLANS AND NOTIFICATION PROCEDURES 
SEC. 1416. (a) SUBCHAPTER A SPENDING PLAN.—Not later than 
45 days after the enactment of this Act, the Secretary of State 
shall submit to the Committees on Appropriations a report detailing 
planned expenditures for funds appropriated under the headings 
in subchapter A, except for funds appropriated under the headings 
‘‘International Disaster Assistance’’, ‘‘Migration and Refugee Assist-
ance’’, and ‘‘United States Emergency Refugee and Migration Assist-
ance Fund’’. 
(b) SUBCHAPTER B SPENDING PLAN.—The Secretary of State 
shall submit to the Committees on Appropriations not later than 
November 1, 2008, and prior to the initial obligation of funds, 
a detailed spending plan for funds appropriated or otherwise made 
available in subchapter B, except for funds appropriated under 
the headings ‘‘International Disaster Assistance’’, ‘‘Migration and 
Refugee Assistance’’, and ‘‘United States Emergency Refugee and 
Migration Assistance Fund’’. 
(c) NOTIFICATION.—Funds made available in this chapter shall 
be subject to the regular notification procedures of the Committees 
on Appropriations and section 634A of the Foreign Assistance Act 
of 1961. 
TERMS AND CONDITIONS 
SEC. 1417. Unless otherwise provided for in this Act, funds 
appropriated or otherwise made available by this chapter shall 
be available under the authorities and conditions provided in the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2008 (division J of Public Law 110–161), except 
that section 699K of such Act shall not apply to funds in this 
chapter. 
Deadlines. 
Reports. 
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122 STAT. 2345 
PUBLIC LAW 110–252—JUNE 30, 2008 
TITLE II—DOMESTIC MATTERS 
CHAPTER 1—FOOD AND DRUG ADMINISTRATION 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
FOOD AND DRUG ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$150,000,000, to remain available until September 30, 2009: Pro-
vided, That of the amount provided: (1) $66,792,000 shall be for 
the Center for Food Safety and Applied Nutrition and related field 
activities in the Office of Regulatory Affairs; (2) $28,019,000 shall 
be for the Center for Drug Evaluation and Research and related 
field activities in the Office of Regulatory Affairs; (3) $12,736,000 
shall be for the Center for Biologics Evaluation and Research and 
related field activities in the Office of Regulatory Affairs; (4) 
$6,057,000 shall be for the Center for Veterinary Medicine and 
related field activities in the Office of Regulatory Affairs; (5) 
$20,094,000 shall be for the Center for Devices and Radiological 
Health and related field activities in the Office of Regulatory Affairs; 
(6) $3,396,000 shall be for the National Center for Toxicological 
Research; and (7) $12,906,000 shall be for other activities, including 
the Office of the Commissioner, the Office of Scientific and Medical 
Programs; the Office of Policy, Planning and Preparedness; the 
Office of International and Special Programs; the Office of Oper-
ations; and central services for these offices. 
CHAPTER 2—COMMERCE, JUSTICE, AND SCIENCE 
DEPARTMENT OF COMMERCE 
BUREAU OF THE CENSUS 
PERIODIC CENSUSES AND PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Periodic Censuses and Pro-
grams’’, $210,000,000, to remain available until expended, for nec-
essary expenses related to the 2010 Decennial Census: Provided, 
That not less than $3,000,000 shall be transferred to the ‘‘Office 
of Inspector General’’ at the Department of Commerce for necessary 
expenses associated with oversight activities of the 2010 Decennial 
Census: Provided further, That not less than $1,000,000 shall be 
used only for a reimbursable agreement with the Defense Contract 
Management Agency to provide continuing contract management 
oversight of the 2010 Decennial Census. 
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122 STAT. 2346 
PUBLIC LAW 110–252—JUNE 30, 2008 
DEPARTMENT OF JUSTICE 
FEDERAL PRISON SYSTEM 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$178,000,000, to remain available until September 30, 2008. 
OTHER AGENCIES 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
SCIENCE, AERONAUTICS AND EXPLORATION 
For an additional amount for ‘‘Science, Aeronautics and Explo-
ration’’, $62,500,000. 
NATIONAL SCIENCE FOUNDATION 
RESEARCH AND RELATED ACTIVITIES 
For an additional amount for ‘‘Research and Related Activities’’, 
$22,500,000, of which $5,000,000 shall be available solely for activi-
ties authorized by section 7002(b)(2)(A)(iv) of Public Law 110–69. 
EDUCATION AND HUMAN RESOURCES 
For an additional amount for ‘‘Education and Human 
Resources’’, $40,000,000: Provided, That of the amount provided, 
$20,000,000 shall be available for activities authorized by section 
10 of the National Science Foundation Authorization Act of 2002 
(42 U.S.C. 1862n–1) and $20,000,000 shall be available for activities 
authorized by section 10A of the National Science Foundation 
Authorization Act of 2002 (42 U.S.C. 1862n–1a). 
CHAPTER 3—ENERGY 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
SCIENCE 
For an additional amount for ‘‘Science’’, $62,500,000, to remain 
available until expended. 
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
For an additional amount for ‘‘Defense Environmental 
Cleanup’’, $62,500,000, to remain available until expended. 
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122 STAT. 2347 
PUBLIC LAW 110–252—JUNE 30, 2008 
CHAPTER 4—LABOR AND HEALTH AND HUMAN SERVICES 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE 
OPERATIONS 
For an additional amount for ‘‘State Unemployment Insurance 
and Employment Service Operations’’ for grants to the States for 
the administration of State unemployment insurance, $110,000,000, 
which may be expended from the Employment Security Administra-
tion Account in the Unemployment Trust Fund, to be used for 
unemployment insurance workloads experienced by the States 
through September 30, 2008, which shall be available for Federal 
obligation through December 31, 2008. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
NATIONAL INSTITUTES OF HEALTH 
OFFICE OF THE DIRECTOR 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Office of the Director’’, 
$150,000,000, which shall be transferred to the Institutes and Cen-
ters of the National Institutes of Health and to the Common Fund 
established under section 402A(c)(1) of the Public Health Service 
Act in proportion to the appropriations otherwise made to such 
Institutes, Centers, and Common Fund for fiscal year 2008: Pro-
vided, That these funds shall be used to support additional scientific 
research and shall be merged with and be available for the same 
purposes and for the same time period as the appropriation or 
fund to which transferred: Provided further, That this transfer 
authority is in addition to any other transfer authority available 
to the National Institutes of Health: Provided further, That none 
of these funds may be transferred to ‘‘National Institutes of Health– 
Buildings and Facilities’’, the Center for Scientific Review, the 
Center for Information Technology, the Clinical Center, the Global 
Fund for HIV/AIDS, Tuberculosis and Malaria, or the Office of 
the Director (except for the transfer to the Common Fund). 
CHAPTER 5—LEGISLATIVE BRANCH 
HOUSE OF REPRESENTATIVES 
PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF 
CONGRESS 
For payment to Annette Lantos, widow of Tom Lantos, late 
a Representative from the State of California, $169,300: Provided, 
That section 8002 shall not apply to this appropriation. 
Annette Lantos. 
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122 STAT. 2348 
PUBLIC LAW 110–252—JUNE 30, 2008 
TITLE III—NATURAL DISASTER RELIEF AND RECOVERY 
CHAPTER 1—AGRICULTURE 
DEPARTMENT OF AGRICULTURE 
FARM SERVICE AGENCY 
EMERGENCY CONSERVATION PROGRAM 
For an additional amount for the ‘‘Emergency Conservation 
Program’’, $89,413,000, to remain available until expended. 
NATURAL RESOURCES CONSERVATION SERVICE 
EMERGENCY WATERSHED PROTECTION PROGRAM 
For an additional amount for the ‘‘Emergency Watershed 
Protection Program’’, $390,464,000, to remain available until 
expended. 
CHAPTER 2—COMMERCE 
DEPARTMENT OF COMMERCE 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
Pursuant to section 703 of the Public Works and Economic 
Development Act (42 U.S.C. 3233), for an additional amount for 
‘‘Economic Development Assistance Programs’’, for necessary 
expenses related to disaster relief, long-term recovery, and restora-
tion of infrastructure in areas covered by a declaration of major 
disaster under title IV of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result 
of recent natural disasters, $100,000,000, to remain available until 
expended. 
CHAPTER 3—CORPS OF ENGINEERS 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
CONSTRUCTION 
For an additional amount for ‘‘Construction’’, for necessary 
expenses to address emergency situations at Corps of Engineers 
projects and rehabilitate and repair damages to Corps projects 
caused by recent natural disasters, $61,700,000, to remain available 
until expended. 
For an additional amount for ‘‘Construction’’, for necessary 
expenses related to the consequences of Hurricane Katrina and 
other hurricanes of the 2005 season, $2,835,000,000, to become 
available on October 1, 2008, and to remain available until 
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122 STAT. 2349 
PUBLIC LAW 110–252—JUNE 30, 2008 
expended: Provided, That the Secretary of the Army is directed 
to use $1,997,000,000 of the funds provided herein to modify author-
ized projects in southeast Louisiana to provide hurricane, storm 
and flood damage reduction in the greater New Orleans and sur-
rounding areas to the levels of protection necessary to achieve 
the certification required for participation in the National Flood 
Insurance Program under the base flood elevations current at the 
time of enactment of this Act, and shall use $1,077,000,000 of 
those funds for the Lake Pontchartrain and Vicinity project and 
$920,000,000 of those funds for the West Bank and Vicinity project: 
Provided further, That, in addition, $838,000,000 of the funds pro-
vided herein shall be for elements of Southeast Louisiana Urban 
Drainage project within the geographic perimeter of the West Bank 
and Vicinity and Lake Pontchartrain and Vicinity projects, to pro-
vide for interior drainage of runoff from rainfall with a ten percent 
annual exceedance probability: Provided further, That the amounts 
provided herein shall be subject to a 65 percent Federal / 35 percent 
non-Federal cost share for the specified purposes: Provided further, 
That beginning not later than 60 days after the date of enactment 
of this Act, the Chief of Engineers, acting through the Assistant 
Secretary of the Army for Civil Works, shall provide monthly reports 
to the Committees on Appropriations of the House of Representa-
tives and the Senate detailing the allocation and obligation of 
these funds: Provided further, That the expenditure of funds as 
provided above may be made without regard to individual amounts 
or purposes except that any reallocation of funds that is necessary 
to accomplish the established goals is authorized subject to the 
approval of the House and Senate Committees on Appropriations. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For an additional amount for ‘‘Mississippi River and Tribu-
taries’’ for recovery from natural disasters, $17,590,000, to remain 
available until expended, to repair damages to Federal projects 
caused by recent natural disasters. 
OPERATION AND MAINTENANCE 
For an additional amount for ‘‘Operation and Maintenance’’ 
to dredge navigation channels and repair other Corps projects 
related to natural disasters, $298,344,000, to remain available until 
expended: Provided, That the Chief of Engineers, acting through 
the Assistant Secretary of the Army for Civil Works, shall provide 
a monthly report to the House and Senate Committees on Appro-
priations detailing the allocation and obligation of these funds, 
beginning not later than 60 days after enactment of this Act. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For an additional amount for ‘‘Flood Control and Coastal Emer-
gencies’’, as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses to prepare for flood, hurri-
cane and other natural disasters and support emergency operations, 
repair and other activities in response to flood and hurricane emer-
gencies as authorized by law, $226,854,800, to remain available 
until expended. 
For an additional amount for ‘‘Flood Control and Coastal Emer-
gencies’’, as authorized by section 5 of the Act of August 18, 1941 
Reports. 
Deadlines. 
Deadlines. 
Reports. 
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122 STAT. 2350 
PUBLIC LAW 110–252—JUNE 30, 2008 
(33 U.S.C. 701n), for necessary expenses relating to the con-
sequences of Hurricane Katrina and other hurricanes of the 2005 
season, $2,926,000,000, to become available on October 1, 2008, 
and to remain available until expended: Provided, That funds pro-
vided herein shall be used to reduce the risk of hurricane and 
storm damages to the greater New Orleans metropolitan area, 
at full Federal expense, for the following: $704,000,000 shall be 
used to modify the 17th Street, Orleans Avenue, and London Avenue 
drainage canals and install pumps and closure structures at or 
near the lakefront; $90,000,000 shall be used for storm-proofing 
interior pump stations to ensure the operability of the stations 
during hurricanes, storms, and high water events; $459,000,000 
shall be used for armoring critical elements of the New Orleans 
hurricane and storm damage reduction system; $53,000,000 shall 
be used to improve protection at the Inner Harbor Navigation 
Canal; $456,000,000 shall be used to replace or modify certain 
non-Federal levees in Plaquemines Parish to incorporate the levees 
into the existing New Orleans to Venice hurricane protection 
project; $412,000,000 shall be used for reinforcing or replacing 
flood walls, as necessary, in the existing Lake Pontchartrain and 
Vicinity project and the existing West Bank and Vicinity project 
to improve the performance of the systems; $393,000,000 shall 
be used for repair and restoration of authorized protections and 
floodwalls; and $359,000,000 shall be to complete the authorized 
protection for the Lake Ponchartrain and Vicinity, West Bank and 
Vicinity, and the New Orleans to Venice projects: Provided further, 
That the Secretary of the Army, within available funds, is directed 
to continue the NEPA alternative evaluation of all options with 
particular attention to Options 1, 2 and 2a of the report to Congress, 
dated August 30, 2007, provided in response to the requirements 
of chapter 3, section 4303 of Public Law 110–28, and within 90 
days of enactment of this Act provide the House and Senate 
Committees on Appropriations cost estimates to implement Options 
1, 2 and 2a of the above cited report: Provided further, That begin-
ning not later than 60 days after the date of enactment of this 
Act, the Chief of Engineers, acting through the Assistant Secretary 
of the Army for Civil Works, shall provide monthly reports to 
the Committees on Appropriations of the House of Representatives 
and the Senate detailing the allocation and obligation of these 
funds: Provided further, That any project using funds appropriated 
under this heading shall be initiated only after non-Federal 
interests have entered into binding agreements with the Assistant 
Secretary of the Army for Civil Works requiring the non-Federal 
interests to pay 100 percent of the operation, maintenance, repair, 
replacement, and rehabilitation costs of completed elements and 
to hold and save the United States free from damages due to 
the construction, operation, and maintenance of the project, except 
for damages due to the fault or negligence of the United States 
or its contractors: Provided further, That the expenditure of funds 
as provided above may be made without regard to individual 
amounts or purposes except that any reallocation of funds that 
is necessary to accomplish the established goals is authorized sub-
ject to the approval of the House and Senate Committees on Appro-
priations. 
Deadlines. 
Reports. 
Deadline. 
Cost estimates. 
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122 STAT. 2351 
PUBLIC LAW 110–252—JUNE 30, 2008 
EXPENSES 
For an additional amount for ‘‘Expenses’’ for increased efforts 
by the Mississippi Valley Division to oversee emergency response 
and recovery activities related to the consequences of hurricanes 
in the Gulf of Mexico in 2005, $1,500,000 to remain available 
until expended. 
CHAPTER 4—SMALL BUSINESS 
SMALL BUSINESS ADMINISTRATION 
DISASTER LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, for necessary expenses related to flooding in 
Midwestern States and other natural disasters, $164,939,000, to 
remain available until expended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974. 
In addition, for expenses to carry out the direct loan program 
in response to flooding in Midwestern States and other natural 
disasters, including onsite assistance to disaster victims, increased 
staff at call centers, processing centers, and field inspections teams, 
and attorneys to assist in loan closings, $101,814,000, to remain 
available until expended, of which $1,000,000 is for the Office 
of Inspector General of the Small Business Administration for audits 
and reviews of disaster loans and the disaster loan program and 
shall be paid to appropriations for the Office of Inspector General; 
of which $94,814,000 is for direct administrative expenses of loan 
making and servicing to carry out the direct loan program, which 
may be paid to appropriations for Salaries and Expenses; and 
of which $6,000,000 is for indirect administrative expenses, which 
may be paid to appropriations for Salaries and Expenses. 
CHAPTER 5—FEMA DISASTER RELIEF 
DEPARTMENT OF HOMELAND SECURITY 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
DISASTER RELIEF 
For an additional amount for ‘‘Disaster Relief’’, $897,000,000, 
to remain available until expended. 
CHAPTER 6—HOUSING AND URBAN DEVELOPMENT 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
PERMANENT SUPPORTIVE HOUSING 
For the provision of 3,000 units of permanent supportive 
housing as referenced in the Road Home Program of the Louisiana 
Recovery Authority approved by the Secretary of Housing and 
Urban Development, $73,000,000, to remain available until 
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122 STAT. 2352 
PUBLIC LAW 110–252—JUNE 30, 2008 
expended, of which $20,000,000 shall be for project-based vouchers 
under section 8(o)(13) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)(13)), including administrative expenses not to 
exceed $3,000,000, and $50,000,000 shall be for grants under the 
Shelter Plus Care program as authorized under subtitle F of title 
IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11403 et seq.): Provided, That the Secretary of Housing and Urban 
Development shall, upon request, make funds available under this 
paragraph to the State of Louisiana or its designee or designees, 
upon request: Provided further, That notwithstanding any other 
provision of law, for the purpose of administering the amounts 
provided under this paragraph, the State of Louisiana or its des-
ignee or designees may act in all respects as a public housing 
agency as defined in section 3(b)(6) of the United States Housing 
Act of 1937 (42 U.S.C. 1437a(b)(6)): Provided further, That subpara-
graphs (B) and (D) of section 8(o)(13) of the United States Housing 
Act of 1937 (42 U.S.C. 1437f(o)(13)) shall not apply with respect 
to vouchers made available under this paragraph. 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT FUND 
For an additional amount for ‘‘Community Development Fund’’, 
for necessary expenses related to disaster relief, long-term recovery, 
and restoration of infrastructure in areas covered by a declaration 
of major disaster under title IV of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) as 
a result of recent natural disasters, $300,000,000, to remain avail-
able until expended, for activities authorized under title I of the 
Housing and Community Development Act of 1974 (Public Law 
93–383): Provided, That funds provided under this heading shall 
be administered through an entity or entities designated by the 
Governor of each State: Provided further, That such funds may 
not be used for activities reimbursable by or for which funds are 
made available by the Federal Emergency Management Agency 
or the Army Corps of Engineers: Provided further, That funds 
allocated under this heading shall not adversely affect the amount 
of any formula assistance received by a State under this heading: 
Provided further, That each State may use up to five percent 
of its allocation for administrative costs: Provided further, That 
in administering the funds under this heading, the Secretary of 
Housing and Urban Development shall waive, or specify alternative 
requirements for, any provision of any statute or regulation that 
the Secretary administers in connection with the obligation by 
the Secretary or the use by the recipient of these funds or guaran-
tees (except for requirements related to fair housing, nondiscrimina-
tion, labor standards, and the environment), upon a request by 
the State that such waiver is required to facilitate the use of 
such funds or guarantees, and a finding by the Secretary that 
such waiver would not be inconsistent with the overall purpose 
of the statute, as modified: Provided further, That the Secretary 
may waive the requirement that activities benefit persons of low 
and moderate income, except that at least 50 percent of the funds 
made available under this heading must benefit primarily persons 
of low and moderate income unless the Secretary otherwise makes 
a finding of compelling need: Provided further, That the Secretary 
Federal Register, 
publication. 
Deadline. 
Waiver authority. 
Waiver authority. 
Louisiana. 
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122 STAT. 2353 
PUBLIC LAW 110–252—JUNE 30, 2008 
shall publish in the Federal Register any waiver of any statute 
or regulation that the Secretary administers pursuant to title I 
of the Housing and Community Development Act of 1974 no later 
than 5 days before the effective date of such waiver: Provided 
further, That every waiver made by the Secretary must be reconsid-
ered according to the three previous provisos on the two-year 
anniversary of the day the Secretary published the waiver in the 
Federal Register: Provided further, That prior to the obligation 
of funds each State shall submit a plan to the Secretary detailing 
the proposed use of all funds, including criteria for eligibility and 
how the use of these funds will address long-term recovery and 
restoration of infrastructure: Provided further, That each State 
will report quarterly to the Committees on Appropriations on all 
awards and uses of funds made available under this heading, 
including specifically identifying all awards of sole-source contracts 
and the rationale for making the award on a sole-source basis: 
Provided further, That the Secretary shall notify the Committees 
on Appropriations on any proposed allocation of any funds and 
any related waivers made pursuant to these provisions under this 
heading no later than 5 days before such waiver is made: Provided 
further, That the Secretary shall establish procedures to prevent 
recipients from receiving any duplication of benefits and report 
quarterly to the Committees on Appropriations with regard to all 
steps taken to prevent fraud and abuse of funds made available 
under this heading including duplication of benefits. 
TITLE IV—EMERGENCY UNEMPLOYMENT COMPENSATION 
FEDERAL-STATE AGREEMENTS 
SEC. 4001. (a) IN GENERAL.—Any State which desires to do 
so may enter into and participate in an agreement under this 
title with the Secretary of Labor (in this title referred to as the 
‘‘Secretary’’). Any State which is a party to an agreement under 
this title may, upon providing 30 days’ written notice to the Sec-
retary, terminate such agreement. 
(b) PROVISIONS OF AGREEMENT.—Any agreement under sub-
section (a) shall provide that the State agency of the State will 
make payments of emergency unemployment compensation to 
individuals who— 
(1) have exhausted all rights to regular compensation under 
the State law or under Federal law with respect to a benefit 
year (excluding any benefit year that ended before May 1, 
2007); 
(2) have no rights to regular compensation or extended 
compensation with respect to a week under such law or any 
other State unemployment compensation law or to compensa-
tion under any other Federal law (except as provided under 
subsection (e)); and 
(3) are not receiving compensation with respect to such 
week under the unemployment compensation law of Canada. 
(c) EXHAUSTION
OF BENEFITS.—For purposes of subsection 
(b)(1), an individual shall be deemed to have exhausted such individ-
ual’s rights to regular compensation under a State law when— 
(1) no payments of regular compensation can be made 
under such law because such individual has received all regular 
compensation available to such individual based on employment 
or wages during such individual’s base period; or 
Deadline. 
Notice. 
Procedures. 
Reports. 
Deadlines. 
Notification. 
Deadline. 
Reports. 
Deadlines. 
Plans. 
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122 STAT. 2354 
PUBLIC LAW 110–252—JUNE 30, 2008 
(2) such individual’s rights to such compensation have been 
terminated by reason of the expiration of the benefit year 
with respect to which such rights existed. 
(d) WEEKLY BENEFIT AMOUNT, ETC.—For purposes of any agree-
ment under this title— 
(1) the amount of emergency unemployment compensation 
which shall be payable to any individual for any week of total 
unemployment shall be equal to the amount of the regular 
compensation (including dependents’ allowances) payable to 
such individual during such individual’s benefit year under 
the State law for a week of total unemployment; 
(2) the terms and conditions of the State law which apply 
to claims for regular compensation and to the payment thereof 
shall apply to claims for emergency unemployment compensa-
tion and the payment thereof, except— 
(A) that an individual shall not be eligible for emer-
gency unemployment compensation under this title unless, 
in the base period with respect to which the individual 
exhausted all rights to regular compensation under the 
State law, the individual had 20 weeks of full-time insured 
employment or the equivalent in insured wages, as deter-
mined under the provisions of the State law implementing 
section 202(a)(5) of the Federal-State Extended Unemploy-
ment Compensation Act of 1970 (26 U.S.C. 3304 note); 
and 
(B) where otherwise inconsistent with the provisions 
of this title or with the regulations or operating instructions 
of the Secretary promulgated to carry out this title; and 
(3) the maximum amount of emergency unemployment com-
pensation payable to any individual for whom an emergency 
unemployment compensation account is established under sec-
tion 4002 shall not exceed the amount established in such 
account for such individual. 
(e) ELECTION BY STATES.—Notwithstanding any other provision 
of Federal law (and if State law permits), the Governor of a State 
that is in an extended benefit period may provide for the payment 
of emergency unemployment compensation prior to extended com-
pensation to individuals who otherwise meet the requirements of 
this section. 
(f) UNAUTHORIZED ALIENS INELIGIBLE.—A State shall require 
as a condition of eligibility for emergency unemployment compensa-
tion under this Act that each alien who receives such compensation 
must be legally authorized to work in the United States, as defined 
for purposes of the Federal Unemployment Tax Act (26 U.S.C. 
3301 et seq.). In determining whether an alien meets the require-
ments of this subsection, a State must follow the procedures pro-
vided in section 1137(d) of the Social Security Act (42 U.S.C. 1320b– 
7(d)). 
EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT 
SEC. 4002. (a) IN GENERAL.—Any agreement under this title 
shall provide that the State will establish, for each eligible indi-
vidual who files an application for emergency unemployment com-
pensation, an emergency unemployment compensation account with 
respect to such individual’s benefit year. 
(b) AMOUNT IN ACCOUNT.— 
26 USC 3304 
note. 
Applicability. 
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122 STAT. 2355 
PUBLIC LAW 110–252—JUNE 30, 2008 
(1) IN GENERAL.—The amount established in an account 
under subsection (a) shall be equal to the lesser of— 
(A) 50 percent of the total amount of regular compensa-
tion (including dependents’ allowances) payable to the indi-
vidual during the individual’s benefit year under such law, 
or 
(B) 13 times the individual’s average weekly benefit 
amount for the benefit year. 
(2) WEEKLY BENEFIT AMOUNT.—For purposes of this sub-
section, an individual’s weekly benefit amount for any week 
is the amount of regular compensation (including dependents’ 
allowances) under the State law payable to such individual 
for such week for total unemployment. 
PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF 
EMERGENCY UNEMPLOYMENT COMPENSATION 
SEC. 4003. (a) GENERAL RULE.—There shall be paid to each 
State that has entered into an agreement under this title an amount 
equal to 100 percent of the emergency unemployment compensation 
paid to individuals by the State pursuant to such agreement. 
(b) TREATMENT
OF REIMBURSABLE COMPENSATION.—No pay-
ment shall be made to any State under this section in respect 
of any compensation to the extent the State is entitled to reimburse-
ment in respect of such compensation under the provisions of any 
Federal law other than this title or chapter 85 of title 5, United 
States Code. A State shall not be entitled to any reimbursement 
under such chapter 85 in respect of any compensation to the extent 
the State is entitled to reimbursement under this title in respect 
of such compensation. 
(c) DETERMINATION OF AMOUNT.—Sums payable to any State 
by reason of such State having an agreement under this title 
shall be payable, either in advance or by way of reimbursement 
(as may be determined by the Secretary), in such amounts as 
the Secretary estimates the State will be entitled to receive under 
this title for each calendar month, reduced or increased, as the 
case may be, by any amount by which the Secretary finds that 
the Secretary’s estimates for any prior calendar month were greater 
or less than the amounts which should have been paid to the 
State. Such estimates may be made on the basis of such statistical, 
sampling, or other method as may be agreed upon by the Secretary 
and the State agency of the State involved. 
FINANCING PROVISIONS 
SEC. 4004. (a) IN GENERAL.—Funds in the extended unemploy-
ment compensation account (as established by section 905(a) of 
the Social Security Act (42 U.S.C. 1105(a)) of the Unemployment 
Trust Fund (as established by section 904(a) of such Act (42 U.S.C. 
1104(a)) shall be used for the making of payments to States having 
agreements entered into under this title. 
(b) CERTIFICATION.—The Secretary shall from time to time cer-
tify to the Secretary of the Treasury for payment to each State 
the sums payable to such State under this title. The Secretary 
of the Treasury, prior to audit or settlement by the Government 
Accountability Office, shall make payments to the State in accord-
ance with such certification, by transfers from the extended 
unemployment compensation account (as so established) to the 
26 USC 3304 
note. 
26 USC 3304 
note. 
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122 STAT. 2356 
PUBLIC LAW 110–252—JUNE 30, 2008 
account of such State in the Unemployment Trust Fund (as so 
established). 
(c) ASSISTANCE TO STATES.—There are appropriated out of the 
employment security administration account (as established by sec-
tion 901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the 
Unemployment Trust Fund, without fiscal year limitation, such 
funds as may be necessary for purposes of assisting States (as 
provided in title III of the Social Security Act (42 U.S.C. 501 
et seq.)) in meeting the costs of administration of agreements under 
this title. 
(d) APPROPRIATIONS FOR CERTAIN PAYMENTS.—There are appro-
priated from the general fund of the Treasury, without fiscal year 
limitation, to the extended unemployment compensation account 
(as so established) of the Unemployment Trust Fund (as so estab-
lished) such sums as the Secretary estimates to be necessary to 
make the payments under this section in respect of— 
(1) compensation payable under chapter 85 of title 5, United 
States Code; and 
(2) compensation payable on the basis of services to which 
section 3309(a)(1) of the Internal Revenue Code of 1986 applies. 
Amounts appropriated pursuant to the preceding sentence shall 
not be required to be repaid. 
FRAUD AND OVERPAYMENTS 
SEC. 4005. (a) IN GENERAL.—If an individual knowingly has 
made, or caused to be made by another, a false statement or 
representation of a material fact, or knowingly has failed, or caused 
another to fail, to disclose a material fact, and as a result of 
such false statement or representation or of such nondisclosure 
such individual has received an amount of emergency unemploy-
ment compensation under this title to which such individual was 
not entitled, such individual— 
(1) shall be ineligible for further emergency unemployment 
compensation under this title in accordance with the provisions 
of the applicable State unemployment compensation law 
relating to fraud in connection with a claim for unemployment 
compensation; and 
(2) shall be subject to prosecution under section 1001 of 
title 18, United States Code. 
(b) REPAYMENT.—In the case of individuals who have received 
amounts of emergency unemployment compensation under this title 
to which they were not entitled, the State shall require such individ-
uals to repay the amounts of such emergency unemployment com-
pensation to the State agency, except that the State agency may 
waive such repayment if it determines that— 
(1) the payment of such emergency unemployment com-
pensation was without fault on the part of any such individual; 
and 
(2) such repayment would be contrary to equity and good 
conscience. 
(c) RECOVERY BY STATE AGENCY.— 
(1) IN GENERAL.—The State agency may recover the amount 
to be repaid, or any part thereof, by deductions from any 
emergency unemployment compensation payable to such indi-
vidual under this title or from any unemployment compensation 
payable to such individual under any State or Federal 
unemployment compensation law administered by the State 
Waiver authority. 
26 USC 3304 
note. 
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122 STAT. 2357 
PUBLIC LAW 110–252—JUNE 30, 2008 
agency or under any other State or Federal law administered 
by the State agency which provides for the payment of any 
assistance or allowance with respect to any week of unemploy-
ment, during the 3-year period after the date such individuals 
received the payment of the emergency unemployment com-
pensation to which they were not entitled, except that no single 
deduction may exceed 50 percent of the weekly benefit amount 
from which such deduction is made. 
(2) OPPORTUNITY FOR HEARING.—No repayment shall be 
required, and no deduction shall be made, until a determination 
has been made, notice thereof and an opportunity for a fair 
hearing has been given to the individual, and the determination 
has become final. 
(d) REVIEW.—Any determination by a State agency under this 
section shall be subject to review in the same manner and to 
the same extent as determinations under the State unemployment 
compensation law, and only in that manner and to that extent. 
DEFINITIONS 
SEC. 4006. In this title, the terms ‘‘compensation’’, ‘‘regular 
compensation’’, ‘‘extended compensation’’, ‘‘benefit year’’, ‘‘base 
period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ have the 
respective meanings given such terms under section 205 of the 
Federal-State Extended Unemployment Compensation Act of 1970 
(26 U.S.C. 3304 note). 
APPLICABILITY 
SEC. 4007. (a) IN GENERAL.—Except as provided in subsection 
(b), an agreement entered into under this title shall apply to weeks 
of unemployment— 
(1) beginning after the date on which such agreement is 
entered into; and 
(2) ending on or before March 31, 2009. 
(b) TRANSITION FOR AMOUNT REMAINING IN ACCOUNT.— 
(1) IN
GENERAL.—Subject to paragraph (2), in the case 
of an individual who has amounts remaining in an account 
established under section 4002 as of the last day of the last 
week (as determined in accordance with the applicable State 
law) ending on or before March 31, 2009, emergency unemploy-
ment compensation shall continue to be payable to such indi-
vidual from such amounts for any week beginning after such 
last day for which the individual meets the eligibility require-
ments of this title. 
(2) LIMIT ON COMPENSATION.—No compensation shall be 
payable by reason of paragraph (1) for any week beginning 
after June 30, 2009. 
TITLE V—VETERANS EDUCATIONAL ASSISTANCE 
SHORT TITLE 
SEC. 5001. This title may be cited as the ‘‘Post-9/11 Veterans 
Educational Assistance Act of 2008’’. 
FINDINGS 
SEC. 5002. Congress makes the following findings: 
38 USC 3301 
note. 
Post-9/11 
Veterans 
Educational 
Assistance 
Act of 2008. 
38 USC 101 note. 
Termination 
date. 
Effective date. 
26 USC 3304 
note. 
26 USC 3304 
note. 
Notice. 
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122 STAT. 2358 
PUBLIC LAW 110–252—JUNE 30, 2008 
(1) On September 11, 2001, terrorists attacked the United 
States, and the brave members of the Armed Forces of the 
United States were called to the defense of the Nation. 
(2) Service on active duty in the Armed Forces has been 
especially arduous for the members of the Armed Forces since 
September 11, 2001. 
(3) The United States has a proud history of offering edu-
cational assistance to millions of veterans, as demonstrated 
by the many ‘‘G.I. Bills’’ enacted since World War II. Edu-
cational assistance for veterans helps reduce the costs of war, 
assist veterans in readjusting to civilian life after wartime 
service, and boost the United States economy, and has a positive 
effect on recruitment for the Armed Forces. 
(4) The current educational assistance program for veterans 
is outmoded and designed for peacetime service in the Armed 
Forces. 
(5) The people of the United States greatly value military 
service and recognize the difficult challenges involved in read-
justing to civilian life after wartime service in the Armed 
Forces. 
(6) It is in the national interest for the United States 
to provide veterans who serve on active duty in the Armed 
Forces after September 11, 2001, with enhanced educational 
assistance benefits that are worthy of such service and are 
commensurate with the educational assistance benefits pro-
vided by a grateful Nation to veterans of World War II. 
EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WHO 
SERVE AFTER SEPTEMBER 11, 2001 
SEC. 5003. (a) EDUCATIONAL ASSISTANCE AUTHORIZED.— 
(1) IN GENERAL.—Part III of title 38, United States Code, 
is amended by inserting after chapter 32 the following new 
chapter: 
‘‘CHAPTER 33—POST–9/11 EDUCATIONAL ASSISTANCE 
‘‘SUBCHAPTER I—DEFINITIONS 
‘‘Sec. 
‘‘3301. Definitions. 
‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE 
‘‘3311. Educational assistance for service in the Armed Forces commencing on or 
after September 11, 2001: entitlement. 
‘‘3312. Educational assistance: duration. 
‘‘3313. Educational assistance: amount; payment. 
‘‘3314. Tutorial assistance. 
‘‘3315. Licensure and certification tests. 
‘‘3316. Supplemental educational assistance: members with critical skills or spe-
cialty; members serving additional service. 
‘‘3317. Public-private contributions for additional educational assistance. 
‘‘3318. Additional assistance: relocation or travel assistance for individual relocating 
or traveling significant distance for pursuit of a program of education. 
‘‘3319. Authority to transfer unused education benefits to family members. 
‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS 
‘‘3321. Time limitation for use of and eligibility for entitlement. 
‘‘3322. Bar to duplication of educational assistance benefits. 
‘‘3323. Administration. 
‘‘3324. Allocation of administration and costs. 
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122 STAT. 2359 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘SUBCHAPTER I—DEFINITIONS 
‘‘§ 3301. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘active duty’ has the meanings as follows 
(subject to the limitations specified in sections 3002(6) and 
3311(b)): 
‘‘(A) In the case of members of the regular components 
of the Armed Forces, the meaning given such term in 
section 101(21)(A). 
‘‘(B) In the case of members of the reserve components 
of the Armed Forces, service on active duty under a call 
or order to active duty under section 688, 12301(a), 
12301(d), 12301(g), 12302, or 12304 of title 10. 
‘‘(2) The term ‘entry level and skill training’ means the 
following: 
‘‘(A) In the case of members of the Army, Basic Combat 
Training and Advanced Individual Training. 
‘‘(B) In the case of members of the Navy, Recruit 
Training (or Boot Camp) and Skill Training (or so-called 
‘A’ School). 
‘‘(C) In the case of members of the Air Force, Basic 
Military Training and Technical Training. 
‘‘(D) In the case of members of the Marine Corps, 
Recruit Training and Marine Corps Training (or School 
of Infantry Training). 
‘‘(E) In the case of members of the Coast Guard, Basic 
Training. 
‘‘(3) The term ‘program of education’ has the meaning given 
such term in section 3002, except to the extent otherwise pro-
vided in section 3313. 
‘‘(4) The term ‘Secretary of Defense’ means the Secretary 
of Defense, except that the term means the Secretary of Home-
land Security with respect to the Coast Guard when it is 
not operating as a service in the Navy. 
‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE 
‘‘§ 3311. Educational assistance for service in the Armed 
Forces commencing on or after September 11, 
2001: entitlement 
‘‘(a) ENTITLEMENT.—Subject to subsections (d) and (e), each 
individual described in subsection (b) is entitled to educational 
assistance under this chapter. 
‘‘(b) COVERED INDIVIDUALS.—An individual described in this 
subsection is any individual as follows: 
‘‘(1) An individual who— 
‘‘(A) commencing on or after September 11, 2001, serves 
an aggregate of at least 36 months on active duty in the 
Armed Forces (including service on active duty in entry 
level and skill training); and 
‘‘(B) after completion of service described in subpara-
graph (A)— 
‘‘(i) continues on active duty; or 
‘‘(ii) is discharged or released from active duty 
as described in subsection (c). 
‘‘(2) An individual who— 
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122 STAT. 2360 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(A) commencing on or after September 11, 2001, serves 
at least 30 continuous days on active duty in the Armed 
Forces; and 
‘‘(B) after completion of service described in subpara-
graph (A), is discharged or released from active duty in 
the Armed Forces for a service-connected disability. 
‘‘(3) An individual who— 
‘‘(A) commencing on or after September 11, 2001, serves 
an aggregate of at least 30 months, but less than 36 
months, on active duty in the Armed Forces (including 
service on active duty in entry level and skill training); 
and 
‘‘(B) after completion of service described in subpara-
graph (A)— 
‘‘(i) continues on active duty for an aggregate of 
less than 36 months; or 
‘‘(ii) before completion of service on active duty 
of an aggregate of 36 months, is discharged or released 
from active duty as described in subsection (c). 
‘‘(4) An individual who— 
‘‘(A) commencing on or after September 11, 2001, serves 
an aggregate of at least 24 months, but less than 30 
months, on active duty in the Armed Forces (including 
service on active duty in entry level and skill training); 
and 
‘‘(B) after completion of service described in subpara-
graph (A)— 
‘‘(i) continues on active duty for an aggregate of 
less than 30 months; or 
‘‘(ii) before completion of service on active duty 
of an aggregate of 30 months, is discharged or released 
from active duty as described in subsection (c). 
‘‘(5) An individual who— 
‘‘(A) commencing on or after September 11, 2001, serves 
an aggregate of at least 18 months, but less than 24 
months, on active duty in the Armed Forces (excluding 
service on active duty in entry level and skill training); 
and 
‘‘(B) after completion of service described in subpara-
graph (A)— 
‘‘(i) continues on active duty for an aggregate of 
less than 24 months; or 
‘‘(ii) before completion of service on active duty 
of an aggregate of 24 months, is discharged or released 
from active duty as described in subsection (c). 
‘‘(6) An individual who— 
‘‘(A) commencing on or after September 11, 2001, serves 
an aggregate of at least 12 months, but less than 18 
months, on active duty in the Armed Forces (excluding 
service on active duty in entry level and skill training); 
and 
‘‘(B) after completion of service described in subpara-
graph (A)— 
‘‘(i) continues on active duty for an aggregate of 
less than 18 months; or 
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122 STAT. 2361 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(ii) before completion of service on active duty 
of an aggregate of 18 months, is discharged or released 
from active duty as described in subsection (c). 
‘‘(7) An individual who— 
‘‘(A) commencing on or after September 11, 2001, serves 
an aggregate of at least 6 months, but less than 12 months, 
on active duty in the Armed Forces (excluding service on 
active duty in entry level and skill training); and 
‘‘(B) after completion of service described in subpara-
graph (A)— 
‘‘(i) continues on active duty for an aggregate of 
less than 12 months; or 
‘‘(ii) before completion of service on active duty 
of an aggregate of 12 months, is discharged or released 
from active duty as described in subsection (c). 
‘‘(8) An individual who— 
‘‘(A) commencing on or after September 11, 2001, serves 
an aggregate of at least 90 days, but less than 6 months, 
on active duty in the Armed Forces (excluding service on 
active duty in entry level and skill training); and 
‘‘(B) after completion of service described in subpara-
graph (A)— 
‘‘(i) continues on active duty for an aggregate of 
less than 6 months; or 
‘‘(ii) before completion of service on active duty 
of an aggregate of 6 months, is discharged or released 
from active duty as described in subsection (c). 
‘‘(c) COVERED DISCHARGES
AND RELEASES.—A discharge or 
release from active duty of an individual described in this subsection 
is a discharge or release as follows: 
‘‘(1) A discharge from active duty in the Armed Forces 
with an honorable discharge. 
‘‘(2) A release after service on active duty in the Armed 
Forces characterized by the Secretary concerned as honorable 
service and placement on the retired list, transfer to the Fleet 
Reserve or Fleet Marine Corps Reserve, or placement on the 
temporary disability retired list. 
‘‘(3) A release from active duty in the Armed Forces for 
further service in a reserve component of the Armed Forces 
after service on active duty characterized by the Secretary 
concerned as honorable service. 
‘‘(4) A discharge or release from active duty in the Armed 
Forces for— 
‘‘(A) a medical condition which preexisted the service 
of the individual as described in the applicable paragraph 
of subsection (b) and which the Secretary determines is 
not service-connected; 
‘‘(B) hardship; or 
‘‘(C) a physical or mental condition that was not 
characterized as a disability and did not result from the 
individual’s own willful misconduct but did interfere with 
the individual’s performance of duty, as determined by 
the Secretary concerned in accordance with regulations 
prescribed by the Secretary of Defense. 
‘‘(d) PROHIBITION
ON TREATMENT
OF CERTAIN SERVICE
AS 
PERIOD OF ACTIVE DUTY.—The following periods of service shall 
not be considered a part of the period of active duty on which 
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122 STAT. 2362 
PUBLIC LAW 110–252—JUNE 30, 2008 
an individual’s entitlement to educational assistance under this 
chapter is based: 
‘‘(1) A period of service on active duty of an officer pursuant 
to an agreement under section 2107(b) of title 10. 
‘‘(2) A period of service on active duty of an officer pursuant 
to an agreement under section 4348, 6959, or 9348 of title 
10. 
‘‘(3) A period of service that is terminated because of a 
defective enlistment and induction based on— 
‘‘(A) the individual’s being a minor for purposes of 
service in the Armed Forces; 
‘‘(B) an erroneous enlistment or induction; or 
‘‘(C) a defective enlistment agreement. 
‘‘(e) TREATMENT OF INDIVIDUALS ENTITLED UNDER MULTIPLE 
PROVISIONS.—In the event an individual entitled to educational 
assistance under this chapter is entitled by reason of both para-
graphs (4) and (5) of subsection (b), the individual shall be treated 
as being entitled to educational assistance under this chapter by 
reason of paragraph (5) of subsection (b). 
‘‘§ 3312. Educational assistance: duration 
‘‘(a) IN GENERAL.—Subject to section 3695 and except as pro-
vided in subsections (b) and (c), an individual entitled to educational 
assistance under this chapter is entitled to a number of months 
of educational assistance under section 3313 equal to 36 months. 
‘‘(b) CONTINUING RECEIPT.—The receipt of educational assist-
ance under section 3313 by an individual entitled to educational 
assistance under this chapter is subject to the provisions of section 
3321(b)(2). 
‘‘(c) DISCONTINUATION OF EDUCATION FOR ACTIVE DUTY.— 
‘‘(1) IN GENERAL.—Any payment of educational assistance 
described in paragraph (2) shall not— 
‘‘(A) be charged against any entitlement to educational 
assistance of the individual concerned under this chapter; 
or 
‘‘(B) be counted against the aggregate period for which 
section 3695 limits the individual’s receipt of educational 
assistance under this chapter. 
‘‘(2) DESCRIPTION
OF
PAYMENT
OF
EDUCATIONAL
ASSIST-
ANCE.—Subject to paragraph (3), the payment of educational 
assistance described in this paragraph is the payment of such 
assistance to an individual for pursuit of a course or courses 
under this chapter if the Secretary finds that the individual— 
‘‘(A)(i) in the case of an individual not serving on 
active duty, had to discontinue such course pursuit as 
a result of being called or ordered to serve on active duty 
under section 688, 12301(a), 12301(d), 12301(g), 12302, or 
12304 of title 10; or 
‘‘(ii) in the case of an individual serving on active 
duty, had to discontinue such course pursuit as a result 
of being ordered to a new duty location or assignment 
or to perform an increased amount of work; and 
‘‘(B) failed to receive credit or lost training time toward 
completion of the individual’s approved education, profes-
sional, or vocational objective as a result of having to 
discontinue, as described in subparagraph (A), the individ-
ual’s course pursuit. 
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122 STAT. 2363 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(3) PERIOD
FOR
WHICH
PAYMENT
NOT
CHARGED.—The 
period for which, by reason of this subsection, educational 
assistance is not charged against entitlement or counted toward 
the applicable aggregate period under section 3695 of this title 
shall not exceed the portion of the period of enrollment in 
the course or courses from which the individual failed to receive 
credit or with respect to which the individual lost training 
time, as determined under paragraph (2)(B). 
‘‘§ 3313. Educational assistance: amount; payment 
‘‘(a) PAYMENT.—The Secretary shall pay to each individual enti-
tled to educational assistance under this chapter who is pursuing 
an approved program of education (other than a program covered 
by subsections (e) and (f)) the amounts specified in subsection 
(c) to meet the expenses of such individual’s subsistence, tuition, 
fees, and other educational costs for pursuit of such program of 
education. 
‘‘(b) APPROVED PROGRAMS OF EDUCATION.—A program of edu-
cation is an approved program of education for purposes of this 
chapter if the program of education is offered by an institution 
of higher learning (as that term is defined in section 3452(f)) and 
is approved for purposes of chapter 30 (including approval by the 
State approving agency concerned). 
‘‘(c) AMOUNT OF EDUCATIONAL ASSISTANCE.—The amounts pay-
able under this subsection for pursuit of an approved program 
of education are amounts as follows: 
‘‘(1) In the case of an individual entitled to educational 
assistance under this chapter by reason of section 3311(b)(1) 
or 3311(b)(2), amounts as follows: 
‘‘(A) An amount equal to the established charges for 
the program of education, except that the amount payable 
under this subparagraph may not exceed the maximum 
amount of established charges regularly charged in-State 
students for full-time pursuit of approved programs of edu-
cation for undergraduates by the public institution of 
higher education offering approved programs of education 
for undergraduates in the State in which the individual 
is enrolled that has the highest rate of regularly-charged 
established charges for such programs of education among 
all public institutions of higher education in such State 
offering such programs of education. 
‘‘(B) A monthly stipend in an amount as follows: 
‘‘(i) For each month the individual pursues the 
program of education (other than, in the case of assist-
ance under this section only, a program of education 
offered through distance learning), a monthly housing 
stipend amount equal to the monthly amount of the 
basic allowance for housing payable under section 403 
of title 37 for a member with dependents in pay grade 
E–5 residing in the military housing area that encom-
passes all or the majority portion of the ZIP code 
area in which is located the institution of higher edu-
cation at which the individual is enrolled. 
‘‘(ii) For the first month of each quarter, semester, 
or term, as applicable, of the program of education 
pursued by the individual, a lump sum amount for 
books, supplies, equipment, and other educational costs 
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122 STAT. 2364 
PUBLIC LAW 110–252—JUNE 30, 2008 
with respect to such quarter, semester, or term in 
the amount equal to— 
‘‘(I) $1,000, multiplied by 
‘‘(II) the fraction which is the portion of a 
complete academic year under the program of edu-
cation that such quarter, semester, or term con-
stitutes. 
‘‘(2) In the case of an individual entitled to educational 
assistance under this chapter by reason of section 3311(b)(3), 
amounts equal to 90 percent of the amounts that would be 
payable to the individual under paragraph (1) for the program 
of education if the individual were entitled to amounts for 
the program of education under paragraph (1) rather than 
this paragraph. 
‘‘(3) In the case of an individual entitled to educational 
assistance under this chapter by reason of section 3311(b)(4), 
amounts equal to 80 percent of the amounts that would be 
payable to the individual under paragraph (1) for the program 
of education if the individual were entitled to amounts for 
the program of education under paragraph (1) rather than 
this paragraph. 
‘‘(4) In the case of an individual entitled to educational 
assistance under this chapter by reason of section 3311(b)(5), 
amounts equal to 70 percent of the amounts that would be 
payable to the individual under paragraph (1) for the program 
of education if the individual were entitled to amounts for 
the program of education under paragraph (1) rather than 
this paragraph. 
‘‘(5) In the case of an individual entitled to educational 
assistance under this chapter by reason of section 3311(b)(6), 
amounts equal to 60 percent of the amounts that would be 
payable to the individual under paragraph (1) for the program 
of education if the individual were entitled to amounts for 
the program of education under paragraph (1) rather than 
this paragraph. 
‘‘(6) In the case of an individual entitled to educational 
assistance under this chapter by reason of section 3311(b)(7), 
amounts equal to 50 percent of the amounts that would be 
payable to the individual under paragraph (1) for the program 
of education if the individual were entitled to amounts for 
the program of education under paragraph (1) rather than 
this paragraph. 
‘‘(7) In the case of an individual entitled to educational 
assistance under this chapter by reason of section 3311(b)(8), 
amounts equal to 40 percent of the amounts that would be 
payable to the individual under paragraph (1) for the program 
of education if the individual were entitled to amounts for 
the program of education under paragraph (1) rather than 
this paragraph. 
‘‘(d) FREQUENCY OF PAYMENT.— 
‘‘(1) QUARTER, SEMESTER, OR TERM PAYMENTS.—Payment 
of the amounts payable under subsection (c)(1)(A), and of 
similar amounts payable under paragraphs (2) through (7) of 
subsection (c), for pursuit of a program of education shall be 
made for the entire quarter, semester, or term, as applicable, 
of the program of education. 
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122 STAT. 2365 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(2) MONTHLY PAYMENTS.—Payment of the amount payable 
under subsection (c)(1)(B), and of similar amounts payable 
under paragraphs (2) through (7) of subsection (c), for pursuit 
of a program of education shall be made on a monthly basis. 
‘‘(3) REGULATIONS.—The Secretary shall prescribe in regu-
lations methods for determining the number of months 
(including fractions thereof) of entitlement of an individual 
to educational assistance this chapter that are chargeable under 
this chapter for an advance payment of amounts under para-
graphs (1) and (2) for pursuit of a program of education on 
a quarter, semester, term, or other basis. 
‘‘(e) PROGRAMS OF EDUCATION PURSUED ON ACTIVE DUTY.— 
‘‘(1) IN GENERAL.—Educational assistance is payable under 
this chapter for pursuit of an approved program of education 
while on active duty. 
‘‘(2) AMOUNT OF ASSISTANCE.—The amount of educational 
assistance payable under this chapter to an individual pursuing 
a program of education while on active duty is the lesser 
of— 
‘‘(A) 
the 
established 
charges 
which 
similarly 
circumstanced nonveterans enrolled in the program of edu-
cation involved would be required to pay; or 
‘‘(B) the amount of the charges of the educational 
institution as elected by the individual in the manner speci-
fied in section 3014(b)(1) 
‘‘(3) QUARTER, SEMESTER, OR TERM PAYMENTS.—Payment 
of the amount payable under paragraph (2) for pursuit of a 
program of education shall be made for the entire quarter, 
semester, or term, as applicable, of the program of education. 
‘‘(4) MONTHLY PAYMENTS.—For each month (as determined 
pursuant to the methods prescribed under subsection (d)(3)) 
for which amounts are paid an individual under this subsection, 
the entitlement of the individual to educational assistance 
under this chapter shall be charged at the rate of one month 
for each such month. 
‘‘(f) PROGRAMS OF EDUCATION PURSUED ON HALF-TIME BASIS 
OR LESS.— 
‘‘(1) IN GENERAL.—Educational assistance is payable under 
this chapter for pursuit of an approved program of education 
on half-time basis or less. 
‘‘(2) AMOUNT OF ASSISTANCE.—The educational assistance 
payable under this chapter to an individual pursuing a program 
of education on half-time basis or less is the amounts as follows: 
‘‘(A) The amount equal to the lesser of— 
‘‘(i) the established charges which similarly 
circumstanced nonveterans enrolled in the program 
of education involved would be required to pay; or 
‘‘(ii) the maximum amount that would be payable 
to the individual for the program of education under 
paragraph (1)(A) of subsection (c), or under the provi-
sions of paragraphs (2) through (7) of subsection (c) 
applicable to the individual, for the program of edu-
cation if the individual were entitled to amounts for 
the program of education under subsection (c) rather 
than this subsection. 
‘‘(B) A stipend in an amount equal to the amount 
of the appropriately reduced amount of the lump sum 
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122 STAT. 2366 
PUBLIC LAW 110–252—JUNE 30, 2008 
amount for books, supplies, equipment, and other edu-
cational costs otherwise payable to the individual under 
subsection (c). 
‘‘(3) QUARTER, TERM, OR SEMESTER PAYMENTS.—Payment 
of the amounts payable to an individual under paragraph (2) 
for pursuit of a program of education on half-time basis or 
less shall be made for the entire quarter, semester, or term, 
as applicable, of the program of education. 
‘‘(4) MONTHLY PAYMENTS.—For each month (as determined 
pursuant to the methods prescribed under subsection (d)(3)) 
for which amounts are paid an individual under this subsection, 
the entitlement of the individual to educational assistance 
under this chapter shall be charged at a percentage of a month 
equal to— 
‘‘(A) the number of course hours borne by the individual 
in pursuit of the program of education involved, divided 
by 
‘‘(B) the number of course hours for full-time pursuit 
of such program of education. 
‘‘(g) PAYMENT
OF ESTABLISHED CHARGES
TO EDUCATIONAL 
INSTITUTIONS.—Amounts payable under subsections (c)(1)(A) (and 
of similar amounts payable under paragraphs (2) through (7) of 
subsection (c)), (e)(2), and (f)(2)(A) shall be paid directly to the 
educational institution concerned. 
‘‘(h) ESTABLISHED CHARGES DEFINED.— 
‘‘(1) IN GENERAL.—In this section, the term ‘established 
charges’, in the case of a program of education, means the 
actual charges (as determined pursuant to regulations pre-
scribed by the Secretary) for tuition and fees which similarly 
circumstanced nonveterans enrolled in the program of education 
would be required to pay. 
‘‘(2) BASIS OF DETERMINATION.—Established charges shall 
be determined for purposes of this subsection on the following 
basis: 
‘‘(A) In the case of an individual enrolled in a program 
of education offered on a term, quarter, or semester basis, 
the tuition and fees charged the individual for the term, 
quarter, or semester. 
‘‘(B) In the case of an individual enrolled in a program 
of education not offered on a term, quarter, or semester 
basis, the tuition and fees charged the individual for the 
entire program of education. 
‘‘§ 3314. Tutorial assistance 
‘‘(a) IN GENERAL.—Subject to subsection (b), an individual enti-
tled to educational assistance under this chapter shall also be 
entitled to benefits provided an eligible veteran under section 3492. 
‘‘(b) CONDITIONS.— 
‘‘(1) IN
GENERAL.—The provision of benefits under sub-
section (a) shall be subject to the conditions applicable to an 
eligible veteran under section 3492. 
‘‘(2) CERTIFICATION.—In addition to the conditions specified 
in paragraph (1), benefits may not be provided to an individual 
under subsection (a) unless the professor or other individual 
teaching, leading, or giving the course for which such benefits 
are provided certifies that— 
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122 STAT. 2367 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(A) such benefits are essential to correct a deficiency 
of the individual in such course; and 
‘‘(B) such course is required as a part of, or is pre-
requisite or indispensable to the satisfactory pursuit of, 
an approved program of education. 
‘‘(c) AMOUNT.— 
‘‘(1) IN
GENERAL.—The amount of benefits described in 
subsection (a) that are payable under this section may not 
exceed $100 per month, for a maximum of 12 months, or 
until a maximum of $1,200 is utilized. 
‘‘(2) AS ADDITIONAL ASSISTANCE.—The amount provided an 
individual under this subsection is in addition to the amounts 
of educational assistance paid the individual under section 
3313. 
‘‘(d) NO CHARGE AGAINST ENTITLEMENT.—Any benefits provided 
an individual under subsection (a) are in addition to any other 
educational assistance benefits provided the individual under this 
chapter. 
‘‘§ 3315. Licensure and certification tests 
‘‘(a) IN GENERAL.—An individual entitled to educational assist-
ance under this chapter shall also be entitled to payment for one 
licensing or certification test described in section 3452(b). 
‘‘(b) LIMITATION ON AMOUNT.—The amount payable under sub-
section (a) for a licensing or certification test may not exceed the 
lesser of— 
‘‘(1) $2,000; or 
‘‘(2) the fee charged for the test. 
‘‘(c) NO CHARGE AGAINST ENTITLEMENT.—Any amount paid an 
individual under subsection (a) is in addition to any other edu-
cational assistance benefits provided the individual under this 
chapter. 
‘‘§ 3316. Supplemental educational assistance: members with 
critical skills or specialty; members serving addi-
tional service 
‘‘(a) INCREASED ASSISTANCE
FOR MEMBERS WITH CRITICAL 
SKILLS OR SPECIALTY.— 
‘‘(1) IN GENERAL.—In the case of an individual who has 
a skill or specialty designated by the Secretary concerned as 
a skill or specialty in which there is a critical shortage of 
personnel or for which it is difficult to recruit or, in the case 
of critical units, retain personnel, the Secretary concerned may 
increase the monthly amount of educational assistance other-
wise payable to the individual under paragraph (1)(B) of section 
3313(c), or under paragraphs (2) through (7) of such section 
(as applicable). 
‘‘(2) MAXIMUM AMOUNT OF INCREASE IN ASSISTANCE.—The 
amount of the increase in educational assistance authorized 
by paragraph (1) may not exceed the amount equal to the 
monthly amount of increased basic educational assistance 
providable under section 3015(d)(1) at the time of the increase 
under paragraph (1). 
‘‘(b) SUPPLEMENTAL ASSISTANCE
FOR ADDITIONAL SERVICE.— 
‘‘(1) IN GENERAL.—The Secretary concerned may provide 
for the payment to an individual entitled to educational assist-
ance under this chapter of supplemental educational assistance 
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122 STAT. 2368 
PUBLIC LAW 110–252—JUNE 30, 2008 
for additional service authorized by subchapter III of chapter 
30. The amount so payable shall be payable as an increase 
in the monthly amount of educational assistance otherwise 
payable to the individual under paragraph (1)(B) of section 
3313(c), or under paragraphs (2) through (7) of such section 
(as applicable). 
‘‘(2) ELIGIBILITY.—Eligibility for supplement educational 
assistance under this subsection shall be determined in accord-
ance with the provisions of subchapter III of chapter 30, except 
that any reference in such provisions to eligibility for basic 
educational assistance under a provision of subchapter II of 
chapter 30 shall be treated as a reference to eligibility for 
educational assistance under the appropriate provision of this 
chapter. 
‘‘(3) AMOUNT.—The amount of supplemental educational 
assistance payable under this subsection shall be the amount 
equal to the monthly amount of supplemental educational pay-
able under section 3022. 
‘‘(c) REGULATIONS.—The Secretaries concerned shall administer 
this section in accordance with such regulations as the Secretary 
of Defense shall prescribe. 
‘‘§ 3317. Public-private contributions for additional edu-
cational assistance 
‘‘(a) ESTABLISHMENT OF PROGRAM.—In instances where the edu-
cational assistance provided pursuant to section 3313(c)(1)(A) does 
not cover the full cost of established charges (as specified in section 
3313), the Secretary shall carry out a program under which colleges 
and universities can, voluntarily, enter into an agreement with 
the Secretary to cover a portion of those established charges not 
otherwise covered under section 3313(c)(1)(A), which contributions 
shall be matched by equivalent contributions toward such costs 
by the Secretary. The program shall only apply to covered individ-
uals described in paragraphs (1) and (2) of section 3311(b). 
‘‘(b) DESIGNATION OF PROGRAM.—The program under this sec-
tion shall be known as the ‘Yellow Ribbon G.I. Education Enhance-
ment Program’. 
‘‘(c) AGREEMENTS.—The Secretary shall enter into an agreement 
with each college or university seeking to participate in the program 
under this section. Each agreement shall specify the following: 
‘‘(1) The manner (whether by direct grant, scholarship, 
or otherwise) of the contributions to be made by the college 
or university concerned. 
‘‘(2) The maximum amount of the contribution to be made 
by the college or university concerned with respect to any 
particular individual in any given academic year. 
‘‘(3) The maximum number of individuals for whom the 
college or university concerned will make contributions in any 
given academic year. 
‘‘(4) Such other matters as the Secretary and the college 
or university concerned jointly consider appropriate. 
‘‘(d) MATCHING CONTRIBUTIONS.— 
‘‘(1) IN
GENERAL.—In instances where the educational 
assistance provided an individual under section 3313(c)(1)(A) 
does not cover the full cost of tuition and mandatory fees 
at a college or university, the Secretary shall provide up to 
50 percent of the remaining costs for tuition and mandatory 
Applicability. 
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122 STAT. 2369 
PUBLIC LAW 110–252—JUNE 30, 2008 
fees if the college or university voluntarily enters into an agree-
ment with the Secretary to match an equal percentage of any 
of the remaining costs for such tuition and fees. 
‘‘(2) USE OF APPROPRIATED FUNDS.—Amounts available to 
the Secretary under section 3324(b) for payment of the costs 
of this chapter shall be available to the Secretary for purposes 
of paragraph (1). 
‘‘(e) OUTREACH.—The Secretary shall make available on the 
Internet website of the Department available to the public a current 
list of the colleges and universities participating in the program 
under this section. The list shall specify, for each college or univer-
sity so listed, appropriate information on the agreement between 
the Secretary and such college or university under subsection (c). 
‘‘§ 3318. Additional assistance: relocation or travel assistance 
for individual relocating or traveling significant 
distance for pursuit of a program of education 
‘‘(a) ADDITIONAL ASSISTANCE.—Each individual described in 
subsection (b) shall be paid additional assistance under this section 
in the amount of $500. 
‘‘(b) COVERED INDIVIDUALS.—An individual described in this 
subsection is any individual entitled to educational assistance under 
this chapter— 
‘‘(1) who resides in a county (or similar entity utilized 
by the Bureau of the Census) with less than seven persons 
per square mile, according to the most recent decennial Census; 
and 
‘‘(2) who— 
‘‘(A) physically relocates a distance of at least 500 
miles in order to pursue a program of education for which 
the individual utilizes educational assistance under this 
chapter; or 
‘‘(B) travels by air to physically attend an institution 
of higher education for pursuit of such a program of edu-
cation because the individual cannot travel to such institu-
tion by automobile or other established form of transpor-
tation due to an absence of road or other infrastructure. 
‘‘(c) PROOF OF RESIDENCE.—For purposes of subsection (b)(1), 
an individual may demonstrate the individual’s place of residence 
utilizing any of the following: 
‘‘(1) DD Form 214, Certification of Release or Discharge 
from Active Duty. 
‘‘(2) The most recent Federal income tax return. 
‘‘(3) Such other evidence as the Secretary shall prescribe 
for purposes of this section. 
‘‘(d) SINGLE PAYMENT OF ASSISTANCE.—An individual is entitled 
to only one payment of additional assistance under this section. 
‘‘(e) NO CHARGE AGAINST ENTITLEMENT.—Any amount paid an 
individual under this section is in addition to any other educational 
assistance benefits provided the individual under this chapter. 
‘‘§ 3319. Authority to transfer unused education benefits to 
family members 
‘‘(a) IN GENERAL.—Subject to the provisions of this section, 
the Secretary of Defense may authorize the Secretary concerned, 
to promote recruitment and retention of members of the Armed 
Forces, to permit an individual described in subsection (b) who 
Web site. 
Public 
information. 
Lists. 
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122 STAT. 2370 
PUBLIC LAW 110–252—JUNE 30, 2008 
is entitled to educational assistance under this chapter to elect 
to transfer to one or more of the dependents specified in subsection 
(c) a portion of such individual’s entitlement to such assistance, 
subject to the limitation under subsection (d). 
‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred to in sub-
section (a) is any member of the Armed Forces who, at the time 
of the approval of the individual’s request to transfer entitlement 
to educational assistance under this section, has completed at 
least— 
‘‘(1) six years of service in the armed forces and enters 
into an agreement to serve at least four more years as a 
member of the Armed Forces; or 
‘‘(2) the years of service as determined in regulations pursu-
ant to section (k). 
‘‘(c) ELIGIBLE DEPENDENTS.—An individual approved to transfer 
an entitlement to educational assistance under this section may 
transfer the individual’s entitlement as follows: 
‘‘(1) To the individual’s spouse. 
‘‘(2) To one or more of the individual’s children. 
‘‘(3) To a combination of the individuals referred to in 
paragraphs (1) and (2). 
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number 
of months of entitlement transferred by a individual under this 
section may not exceed 36 months. The Secretary of Defense may 
prescribe regulations that would limit the months of entitlement 
that may be transferred under this section to no less than 18 
months. 
‘‘(e) DESIGNATION OF TRANSFEREE.—An individual transferring 
an entitlement to educational assistance under this section shall— 
‘‘(1) designate the dependent or dependents to whom such 
entitlement is being transferred; 
‘‘(2) designate the number of months of such entitlement 
to be transferred to each such dependent; and 
‘‘(3) specify the period for which the transfer shall be effec-
tive for each dependent designated under paragraph (1). 
‘‘(f) TIME
FOR TRANSFER; REVOCATION
AND MODIFICATION.— 
‘‘(1) TIME FOR TRANSFER.—Subject to the time limitation 
for use of entitlement under section 3321 an individual 
approved to transfer entitlement to educational assistance 
under this section may transfer such entitlement only while 
serving as a member of the armed forces when the transfer 
is executed. 
‘‘(2) MODIFICATION OR REVOCATION.— 
‘‘(A) IN GENERAL.—An individual transferring entitle-
ment under this section may modify or revoke at any 
time the transfer of any unused portion of the entitlement 
so transferred. 
‘‘(B) NOTICE.—The modification or revocation of the 
transfer of entitlement under this paragraph shall be made 
by the submittal of written notice of the action to both 
the Secretary concerned and the Secretary of Veterans 
Affairs. 
‘‘(3) PROHIBITION ON TREATMENT OF TRANSFERRED ENTITLE-
MENT AS MARITAL PROPERTY.—Entitlement transferred under 
this section may not be treated as marital property, or the 
asset of a marital estate, subject to division in a divorce or 
other civil proceeding. 
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122 STAT. 2371 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitle-
ment to educational assistance is transferred under this section 
may not commence the use of the transferred entitlement until— 
‘‘(1) in the case of entitlement transferred to a spouse, 
the completion by the individual making the transfer of at 
least— 
‘‘(A) six years of service in the armed forces; or 
‘‘(B) the years of service as determined in regulations 
pursuant to subsection (j); or 
‘‘(2) in the case of entitlement transferred to a child, both— 
‘‘(A) the completion by the individual making the 
transfer of at least— 
‘‘(i) ten years of service in the armed forces; or 
‘‘(ii) the years of service as determined in regula-
tions pursuant to subsection (j); and 
‘‘(B) either— 
‘‘(i) the completion by the child of the requirements 
of a secondary school diploma (or equivalency certifi-
cate); or 
‘‘(ii) the attainment by the child of 18 years of 
age. 
‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.— 
‘‘(1) USE.—The use of any entitlement to educational assist-
ance transferred under this section shall be charged against 
the entitlement of the individual making the transfer at the 
rate of one month for each month of transferred entitlement 
that is used. 
‘‘(2) NATURE
OF
TRANSFERRED
ENTITLEMENT.—Except as 
provided under subsection (e)(2) and subject to paragraphs 
(5) and (6)— 
‘‘(A) in the case of entitlement transferred to a spouse 
under this section, the spouse is entitled to educational 
assistance under this chapter in the same manner as the 
individual from whom the entitlement was transferred; 
or 
‘‘(B) in the case of entitlement transferred to a child 
under this section, the child is entitled to educational 
assistance under this chapter in the same manner as the 
individual from whom the entitlement was transferred as 
if the individual were not on active duty. 
‘‘(3) RATE OF PAYMENT.—The monthly rate of educational 
assistance payable to a dependent to whom entitlement referred 
to in paragraph (2) is transferred under this section shall 
be payable— 
‘‘(A) in the case of a spouse, at the same rate as 
such entitlement would otherwise be payable under this 
chapter to the individual making the transfer; or 
‘‘(B) in the case of a child, at the same rate as such 
entitlement would otherwise be payable under this chapter 
to the individual making the transfer as if the individual 
were not on active duty. 
‘‘(4) DEATH OF TRANSFEROR.—The death of an individual 
transferring an entitlement under this section shall not affect 
the use of the entitlement by the dependent to whom the 
entitlement is transferred. 
‘‘(5) LIMITATION ON AGE OF USE BY CHILD TRANSFEREES.— 
A child to whom entitlement is transferred under this section 
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122 STAT. 2372 
PUBLIC LAW 110–252—JUNE 30, 2008 
may use the benefit without regard to the 15-year delimiting 
date, but may not use any entitlement so transferred after 
attaining the age of 26 years. 
‘‘(6) SCOPE
OF
USE
BY
TRANSFEREES.—The purposes for 
which a dependent to whom entitlement is transferred under 
this section may use such entitlement shall include the pursuit 
and completion of the requirements of a secondary school 
diploma (or equivalency certificate). 
‘‘(7) 
ADDITIONAL
ADMINISTRATIVE
PROVISIONS.—The 
administrative provisions of this chapter shall apply to the 
use of entitlement transferred under this section, except that 
the dependent to whom the entitlement is transferred shall 
be treated as the eligible individual for purposes of such provi-
sions. 
‘‘(i) OVERPAYMENT.— 
‘‘(1) JOINT
AND
SEVERAL
LIABILITY.—In the event of an 
overpayment of educational assistance with respect to a 
dependent to whom entitlement is transferred under this sec-
tion, the dependent and the individual making the transfer 
shall be jointly and severally liable to the United States for 
the amount of the overpayment for purposes of section 3685. 
‘‘(2) FAILURE TO COMPLETE SERVICE AGREEMENT.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), if an individual transferring entitlement under this 
section fails to complete the service agreed to by the indi-
vidual under subsection (b)(1) in accordance with the terms 
of the agreement of the individual under that subsection, 
the amount of any transferred entitlement under this sec-
tion that is used by a dependent of the individual as 
of the date of such failure shall be treated as an overpay-
ment of educational assistance under paragraph (1). 
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply 
in the case of an individual who fails to complete service 
agreed to by the individual— 
‘‘(i) by reason of the death of the individual; or 
‘‘(ii) for a reason referred to in section 3311(c)(4). 
‘‘(j) REGULATIONS.—(1) The Secretary of Defense, in coordina-
tion with the Secretary of Veterans Affairs, shall prescribe regula-
tions for purposes of this section. 
‘‘(2) Such regulations shall specify— 
‘‘(A) the manner of authorizing the transfer of entitlements 
under this section; 
‘‘(B) the eligibility criteria in accordance with subsection 
(b); and 
‘‘(C) the manner and effect of an election to modify or 
revoke a transfer of entitlement under subsection (f)(2). 
‘‘(k) SECRETARY CONCERNED DEFINED.—Notwithstanding sec-
tion 101(25), in this section, the term ‘Secretary concerned’ means— 
‘‘(1) the Secretary of the Army with respect to matters 
concerning the Army; 
‘‘(2) the Secretary of the Navy with respect to matters 
concerning the Navy or the Marine Corps; 
‘‘(3) the Secretary of the Air Force with respect to matters 
concerning the Air Force; and 
‘‘(4) the Secretary of Defense with respect to matters con-
cerning the Coast Guard, or the Secretary of Homeland Security 
when it is not operating as a service in the Navy. 
Applicability. 
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122 STAT. 2373 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS 
‘‘§ 3321. Time limitation for use of and eligibility for entitle-
ment 
‘‘(a) IN GENERAL.—Except as provided in this section, the period 
during which an individual entitled to educational assistance under 
this chapter may use such individual’s entitlement expires at the 
end of the 15-year period beginning on the date of such individual’s 
last discharge or release from active duty. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) APPLICABILITY
OF
SECTION
3031
TO
RUNNING
OF 
PERIOD.—Subsections (b), (c), and (d) of section 3031 shall apply 
with respect to the running of the 15-year period described 
in subsection (a) of this section in the same manner as such 
subsections apply under section 3031 with respect to the run-
ning of the 10-year period described in section 3031(a). 
‘‘(2) APPLICABILITY OF SECTION 3031 TO TERMINATION.—Sec-
tion 3031(f) shall apply with respect to the termination of 
an individual’s entitlement to educational assistance under this 
chapter in the same manner as such section applies to the 
termination of an individual’s entitlement to educational assist-
ance under chapter 30, except that, in the administration of 
such section for purposes of this chapter, the reference to section 
3013 shall be deemed to be a reference to 3312. 
‘‘(3) DETERMINATION
OF
LAST
DISCHARGE
OR
RELEASE.— 
For purposes of subsection (a), an individual’s last discharge 
or release from active duty shall not include any discharge 
or release from a period of active duty of less than 90 days 
of continuous service, unless the individual is discharged or 
released as described in section 3311(b)(2). 
‘‘§ 3322. Bar to duplication of educational assistance benefits 
‘‘(a) IN GENERAL.—An individual entitled to educational assist-
ance under this chapter who is also eligible for educational assist-
ance under chapter 30, 31, 32, or 35 of this title, chapter 107, 
1606, or 1607 of title 10, or the provisions of the Hostage Relief 
Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not 
receive assistance under two or more such programs concurrently, 
but shall elect (in such form and manner as the Secretary may 
prescribe) under which chapter or provisions to receive educational 
assistance. 
‘‘(b) INAPPLICABILITY OF SERVICE TREATED UNDER EDUCATIONAL 
LOAN REPAYMENT PROGRAMS.—A period of service counted for pur-
poses of repayment of an education loan under chapter 109 of 
title 10 may not be counted as a period of service for entitlement 
to educational assistance under this chapter. 
‘‘(c) SERVICE IN SELECTED RESERVE.—An individual who serves 
in the Selected Reserve may receive credit for such service under 
only one of this chapter, chapter 30 of this title, and chapters 
1606 and 1607 of title 10, and shall elect (in such form and manner 
as the Secretary may prescribe) under which chapter such service 
is to be credited. 
‘‘(d) ADDITIONAL COORDINATION MATTERS.—In the case of an 
individual entitled to educational assistance under chapter 30, 31, 
32, or 35 of this title, chapter 107, 1606, or 1607 of title 10, 
or the provisions of the Hostage Relief Act of 1980, or making 
contributions toward entitlement to educational assistance under 
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122 STAT. 2374 
PUBLIC LAW 110–252—JUNE 30, 2008 
chapter 30 of this title, as of August 1, 2009, coordination of entitle-
ment to educational assistance under this chapter, on the one 
hand, and such chapters or provisions, on the other, shall be gov-
erned by the provisions of section 5003(c) of the Post-9/11 Veterans 
Educational Assistance Act of 2008. 
‘‘§ 3323. Administration 
‘‘(a) IN GENERAL.— 
‘‘(1) IN GENERAL.—Except as otherwise provided in this 
chapter, the provisions specified in section 3034(a)(1) shall 
apply to the provision of educational assistance under this 
chapter. 
‘‘(2) SPECIAL
RULE.—In applying the provisions referred 
to in paragraph (1) to an individual entitled to educational 
assistance under this chapter for purposes of this section, the 
reference in such provisions to the term ‘eligible veteran’ shall 
be deemed to refer to an individual entitled to educational 
assistance under this chapter. 
‘‘(3) RULE FOR APPLYING SECTION 3474.—In applying section 
3474 to an individual entitled to educational assistance under 
this chapter for purposes of this section, the reference in such 
section 3474 to the term ‘educational assistance allowance’ shall 
be deemed to refer to educational assistance payable under 
section 3313. 
‘‘(4) RULE FOR APPLYING SECTION 3482.—In applying section 
3482(g) to an individual entitled to educational assistance under 
this chapter for purposes of this section— 
‘‘(A) the first reference to the term ‘educational assist-
ance allowance’ in such section 3482(g) shall be deemed 
to refer to educational assistance payable under section 
3313; and 
‘‘(B) the first sentence of paragraph (1) of such section 
3482(g) shall be applied as if such sentence ended with 
‘equipment’. 
‘‘(b) INFORMATION ON BENEFITS.— 
‘‘(1) TIMING FOR PROVIDING.—The Secretary shall provide 
the information described in paragraph (2) to each member 
of the Armed Forces at such times as the Secretary and the 
Secretary of Defense shall jointly prescribe in regulations. 
‘‘(2) DESCRIPTION
OF
INFORMATION.—The information 
described in this paragraph is information on benefits, limita-
tions, procedures, eligibility requirements (including time-in- 
service requirements), and other important aspects of edu-
cational assistance under this chapter, including application 
forms for such assistance under section 5102. 
‘‘(3) TO
WHOM
PROVIDED.—The Secretary of Veterans 
Affairs shall furnish the information and forms described in 
paragraph (2), and other educational materials on educational 
assistance under this chapter, to educational institutions, 
training establishments, military education personnel, and such 
other persons and entities as the Secretary considers appro-
priate. 
‘‘(c) REGULATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall prescribe regulations 
for the administration of this chapter. 
Regulations. 
Applicability. 
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122 STAT. 2375 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(2) UNIFORMITY.—Any regulations prescribed by the Sec-
retary of Defense for purposes of this chapter shall apply uni-
formly across the Armed Forces. 
‘‘§ 3324. Allocation of administration and costs 
‘‘(a) ADMINISTRATION.—Except as otherwise provided in this 
chapter, the Secretary shall administer the provision of educational 
assistance under this chapter. 
‘‘(b) COSTS.—Payments for entitlement to educational assistance 
earned under this chapter shall be made from funds appropriated 
to, or otherwise made available to, the Department for the payment 
of readjustment benefits.’’. 
(2) CLERICAL AMENDMENTS.—The tables of chapters at the 
beginning of title 38, United States Code, and at the beginning 
of part III of such title, are each amended by inserting after 
the item relating to chapter 32 the following new item: 
‘‘33. Post-9/11 Educational Assistance ............................................................3301.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) AMENDMENTS RELATING
TO DUPLICATION
OF BENE-
FITS.— 
(A) Section 3033 of title 38, United States Code, is 
amended— 
(i) in subsection (a)(1) by inserting ‘‘33,’’ after ‘‘32,’’; 
and 
(ii) in subsection (c) by striking ‘‘both the program 
established by this chapter and the program estab-
lished by chapter 106 of title 10’’ and inserting ‘‘two 
or more of the programs established by this chapter, 
chapter 33 of this title, and chapters 1606 and 1607 
of title 10’’. 
(B) Paragraph (4) of section 3695(a) of such title is 
amended to read as follows: 
‘‘(4) Chapters 30, 32, 33, 34, 35, and 36.’’. 
(C) Section 16163(e) of title 10, United States Code, 
is amended by inserting ‘‘33,’’ after ‘‘32,’’. 
(2) ADDITIONAL CONFORMING AMENDMENTS.— 
(A) Title 38, United States Code, is further amended 
by inserting ‘‘33,’’ after ‘‘32,’’ each place it appears in the 
following provisions: 
(i) In subsections (b) and (e)(1) of section 3485. 
(ii) In section 3688(b). 
(iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and 
(e)(2) of section 3689. 
(iv) In section 3690( b)(3)(A). 
(v) In subsections (a) and (b) of section 3692. 
(vi) In section 3697(a). 
(B) Section 3697A(b)(1) of such title is amended by 
striking ‘‘or 32’’ and inserting ‘‘32, or 33’’. 
(c) APPLICABILITY TO INDIVIDUALS UNDER MONTGOMERY GI BILL 
PROGRAM.— 
(1) INDIVIDUALS ELIGIBLE TO ELECT PARTICIPATION IN POST- 
9/11 EDUCATIONAL ASSISTANCE.—An individual may elect to 
receive educational assistance under chapter 33 of title 38, 
United States Code (as added by subsection (a)), if such indi-
vidual— 
(A) as of August 1, 2009— 
38 USC 3301 
note. 
Applicability. 
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122 STAT. 2376 
PUBLIC LAW 110–252—JUNE 30, 2008 
(i) is entitled to basic educational assistance under 
chapter 30 of title 38, United States Code, and has 
used, but retains unused, entitlement under that 
chapter; 
(ii) is entitled to educational assistance under 
chapter 107, 1606, or 1607 of title 10, United States 
Code, and has used, but retains unused, entitlement 
under the applicable chapter; 
(iii) is entitled to basic educational assistance 
under chapter 30 of title 38, United States Code, but 
has not used any entitlement under that chapter; 
(iv) is entitled to educational assistance under 
chapter 107, 1606, or 1607 of title 10, United States 
Code, but has not used any entitlement under such 
chapter; 
(v) is a member of the Armed Forces who is eligible 
for receipt of basic educational assistance under 
chapter 30 of title 38, United States Code, and is 
making contributions toward such assistance under 
section 3011(b) or 3012(c) of such title; or 
(vi) is a member of the Armed Forces who is not 
entitled to basic educational assistance under chapter 
30 of title 38, United States Code, by reason of an 
election under section 3011(c)(1) or 3012(d)(1) of such 
title; and 
(B) as of the date of the individual’s election under 
this paragraph, meets the requirements for entitlement 
to educational assistance under chapter 33 of title 38, 
United States Code (as so added). 
(2) CESSATION OF CONTRIBUTIONS TOWARD GI BILL.—Effec-
tive as of the first month beginning on or after the date of 
an election under paragraph (1) of an individual described 
by subparagraph (A)(v) of that paragraph, the obligation of 
the individual to make contributions under section 3011(b) 
or 3012(c) of title 38, United States Code, as applicable, shall 
cease, and the requirements of such section shall be deemed 
to be no longer applicable to the individual. 
(3) REVOCATION
OF REMAINING TRANSFERRED ENTITLE-
MENT.— 
(A) ELECTION TO REVOKE.—If, on the date an individual 
described in subparagraph (A)(i) or (A)(iii) of paragraph 
(1) makes an election under that paragraph, a transfer 
of the entitlement of the individual to basic educational 
assistance under section 3020 of title 38, United States 
Code, is in effect and a number of months of the entitlement 
so transferred remain unutilized, the individual may elect 
to revoke all or a portion of the entitlement so transferred 
that remains unutilized. 
(B) AVAILABILITY
OF
REVOKED
ENTITLEMENT.—Any 
entitlement revoked by an individual under this paragraph 
shall no longer be available to the dependent to whom 
transferred, but shall be available to the individual instead 
for educational assistance under chapter 33 of title 38, 
United States Code (as so added), in accordance with the 
provisions of this subsection. 
(C) AVAILABILITY OF UNREVOKED ENTITLEMENT.—Any 
entitlement described in subparagraph (A) that is not 
Effective date. 
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122 STAT. 2377 
PUBLIC LAW 110–252—JUNE 30, 2008 
revoked by an individual in accordance with that subpara-
graph shall remain available to the dependent or depend-
ents concerned in accordance with the current transfer 
of such entitlement under section 3020 of title 38, United 
States Code. 
(4) POST-9/11 EDUCATIONAL ASSISTANCE.— 
(A) IN
GENERAL.—Subject to subparagraph (B) and 
except as provided in paragraph (5), an individual making 
an election under paragraph (1) shall be entitled to edu-
cational assistance under chapter 33 of title 38, United 
States Code (as so added), in accordance with the provisions 
of such chapter, instead of basic educational assistance 
under chapter 30 of title 38, United States Code, or edu-
cational assistance under chapter 107, 1606, or 1607 of 
title 10, United States Code, as applicable. 
(B) LIMITATION ON ENTITLEMENT FOR CERTAIN INDIVID-
UALS.—In the case of an individual making an election 
under paragraph (1) who is described by subparagraph 
(A)(i) of that paragraph, the number of months of entitle-
ment of the individual to educational assistance under 
chapter 33 of title 38, United States Code (as so added), 
shall be the number of months equal to— 
(i) the number of months of unused entitlement 
of the individual under chapter 30 of title 38, United 
States Code, as of the date of the election, plus 
(ii) the number of months, if any, of entitlement 
revoked by the individual under paragraph (3)(A). 
(5) CONTINUING ENTITLEMENT TO EDUCATIONAL ASSISTANCE 
NOT AVAILABLE UNDER 9/11 ASSISTANCE PROGRAM.— 
(A) IN GENERAL.—In the event educational assistance 
to which an individual making an election under paragraph 
(1) would be entitled under chapter 30 of title 38, United 
States Code, or chapter 107, 1606, or 1607 of title 10, 
United States Code, as applicable, is not authorized to 
be available to the individual under the provisions of 
chapter 33 of title 38, United States Code (as so added), 
the individual shall remain entitled to such educational 
assistance in accordance with the provisions of the 
applicable chapter. 
(B) CHARGE FOR USE OF ENTITLEMENT.—The utilization 
by an individual of entitlement under subparagraph (A) 
shall be chargeable against the entitlement of the indi-
vidual to educational assistance under chapter 33 of title 
38, United States Code (as so added), at the rate of one 
month of entitlement under such chapter 33 for each month 
of entitlement utilized by the individual under subpara-
graph (A) (as determined as if such entitlement were uti-
lized under the provisions of chapter 30 of title 38, United 
States Code, or chapter 107, 1606, or 1607 of title 10, 
United States Code, as applicable). 
(6) ADDITIONAL
POST-9/11
ASSISTANCE
FOR
MEMBERS 
HAVING MADE CONTRIBUTIONS TOWARD GI BILL.— 
(A) ADDITIONAL ASSISTANCE.—In the case of an indi-
vidual making an election under paragraph (1) who is 
described by clause (i), (iii), or (v) of subparagraph (A) 
of that paragraph, the amount of educational assistance 
payable to the individual under chapter 33 of title 38, 
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122 STAT. 2378 
PUBLIC LAW 110–252—JUNE 30, 2008 
United States Code (as so added), as a monthly stipend 
payable under paragraph (1)(B) of section 3313(c) of such 
title, or under paragraphs (2) through (7) of that section 
(as applicable), shall be the amount otherwise payable as 
a monthly stipend under the applicable paragraph 
increased by the amount equal to— 
(i) the total amount of contributions toward basic 
educational assistance made by the individual under 
section 3011(b) or 3012(c) of title 38, United States 
Code, as of the date of the election, multiplied by 
(ii) the fraction— 
(I) the numerator of which is— 
(aa) the number of months of entitlement 
to basic educational assistance under chapter 
30 of title 38, United States Code, remaining 
to the individual at the time of the election; 
plus 
(bb) the number of months, if any, of 
entitlement under such chapter 30 revoked 
by the individual under paragraph (3)(A); and 
(II) the denominator of which is 36 months. 
(B) MONTHS OF REMAINING ENTITLEMENT FOR CERTAIN 
INDIVIDUALS.—In the case of an individual covered by 
subparagraph (A) who is described by paragraph (1)(A)(v), 
the number of months of entitlement to basic educational 
assistance remaining to the individual for purposes of 
subparagraph (A)(ii)(I)(aa) shall be 36 months. 
(C) TIMING OF PAYMENT.—The amount payable with 
respect to an individual under subparagraph (A) shall be 
paid to the individual together with the last payment of 
the monthly stipend payable to the individual under para-
graph (1)(B) of section 3313(c) of title 38, United States 
Code (as so added), or under paragraphs (2) through (7) 
of that section (as applicable), before the exhaustion of 
the individual’s entitlement to educational assistance under 
chapter 33 of such title (as so added). 
(7) CONTINUING ENTITLEMENT TO ADDITIONAL ASSISTANCE 
FOR
CRITICAL
SKILLS
OR
SPECIALITY
AND
ADDITIONAL 
SERVICE.—An individual making an election under paragraph 
(1)(A) who, at the time of the election, is entitled to increased 
educational assistance under section 3015(d) of title 38, United 
States Code, or section 16131(i) of title 10, United States Code, 
or supplemental educational assistance under subchapter III 
of chapter 30 of title 38, United States Code, shall remain 
entitled to such increased educational assistance or supple-
mental educational assistance in the utilization of entitlement 
to educational assistance under chapter 33 of title 38, United 
States Code (as so added), in an amount equal to the quarter, 
semester, or term, as applicable, equivalent of the monthly 
amount of such increased educational assistance or supple-
mental educational assistance payable with respect to the indi-
vidual at the time of the election. 
(8) IRREVOCABILITY
OF
ELECTIONS.—An election under 
paragraph (1) or (3)(A) is irrevocable. 
(d) EFFECTIVE DATE.—This section and the amendments made 
by this section shall take effect on August 1, 2009. 
10 USC 16163 
note. 
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122 STAT. 2379 
PUBLIC LAW 110–252—JUNE 30, 2008 
INCREASE IN AMOUNTS OF BASIC EDUCATIONAL ASSISTANCE UNDER 
THE MONTGOMERY GI BILL 
SEC. 5004. (a) EDUCATIONAL ASSISTANCE BASED
ON THREE- 
YEAR PERIOD OF OBLIGATED SERVICE.—Subsection (a)(1) of section 
3015 of title 38, United States Code, is amended— 
(1) by striking subparagraphs (A) through (C) and inserting 
the following new subparagraph: 
‘‘(A) for months occurring during the period beginning on 
August 1, 2008, and ending on the last day of fiscal year 
2009, $1,321; and’’; and 
(2) by redesignating subparagraph (D) as subparagraph 
(B). 
(b) EDUCATIONAL ASSISTANCE BASED ON TWO-YEAR PERIOD OF 
OBLIGATED
SERVICE.—Subsection 
(b)(1) 
of 
such 
section 
is 
amended— 
(1) by striking subparagraphs (A) through (C) and inserting 
the following new subparagraph: 
‘‘(A) for months occurring during the period beginning on 
August 1, 2008, and ending on the last day of fiscal year 
2009, $1,073; and’’; and 
(2) by redesignating subparagraph (D) as subparagraph 
(B). 
(c) MODIFICATION OF MECHANISM FOR COST-OF-LIVING ADJUST-
MENTS.—Subsection (h)(1) of such section is amended by striking 
subparagraphs (A) and (B) and inserting the following new subpara-
graphs: 
‘‘(A) the average cost of undergraduate tuition in the 
United States, as determined by the National Center for 
Education Statistics, for the last academic year preceding 
the beginning of the fiscal year for which the increase 
is made, exceeds 
‘‘(B) the average cost of undergraduate tuition in the 
United States, as so determined, for the academic year 
preceding the academic year described in subparagraph 
(A).’’. 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by this section 
shall take effect on August 1, 2008. 
(2) NO COST-OF-LIVING ADJUSTMENT FOR FISCAL YEAR 2009.— 
The adjustment required by subsection (h) of section 3015 of 
title 38, United States Code (as amended by this section), 
in rates of basic educational assistance payable under sub-
sections (a) and (b) of such section (as so amended) shall not 
be made for fiscal year 2009. 
MODIFICATION
OF
AMOUNT
AVAILABLE
FOR
REIMBURSEMENT
OF 
STATE AND LOCAL AGENCIES ADMINISTERING VETERANS EDUCATION 
BENEFITS 
SEC. 5005. Section 3674(a)(4) of title 38, United States Code, 
is amended by striking ‘‘may not exceed’’ and all that follows 
through the end and inserting ‘‘shall be $19,000,000.’’. 
38 USC 3015 
note. 
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122 STAT. 2380 
PUBLIC LAW 110–252—JUNE 30, 2008 
AUTHORITY TO TRANSFER UNUSED EDUCATION BENEFITS TO FAMILY 
MEMBERS FOR CAREER SERVICE MEMBERS 
SEC. 5006. (a) AUTHORITY TO TRANSFER MONTGOMERY GI BILL 
BENEFITS TO A DEPENDENT.—Section 3020 of title 38, United States 
Code, is amended— 
(1) by striking the section heading and subsections (a) 
and (b) and inserting the following: 
‘‘§ 3020. Authority to transfer unused education benefits to 
family members for career service members 
‘‘(a) IN GENERAL.—Subject to the provisions of this section, 
the Secretary of Defense may authorize the Secretary concerned, 
to promote recruitment and retention of members of the Armed 
Forces, to permit an individual described in subsection (b) who 
is entitled to basic educational assistance under this subchapter 
to elect to transfer to one or more of the dependents specified 
in subsection (c) the unused portion of entitlement to such assist-
ance, subject to the limitation under subsection (d). 
‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred to in sub-
section (a) is any member of the Armed Forces— 
‘‘(1) who, while serving on active duty or as a member 
of the Selected Reserve at the time of the approval by the 
Secretary concerned of the member’s request to transfer entitle-
ment to basic educational assistance under this section, has 
completed six years of service in the Armed Forces and enters 
into an agreement to serve at least four more years as a 
member of the Armed Forces; or 
‘‘(2) as determined in regulations pursuant to subsection 
(k).’’; 
(2) by striking subsection (d) and inserting the following: 
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—(1) An individual 
approved to transfer an entitlement to basic educational assistance 
under this section may transfer any unused entitlement to one 
or more of the dependents specified in subsection (c). 
‘‘(2) The total number of months of entitlement transferred 
by an individual under this section may not exceed 36 months. 
The Secretary of Defense may prescribe regulations that would 
limit the months of entitlement that may be transferred under 
this section to no less than 18 months.’’; 
(3) in subsection (f)(1) by striking ‘‘without regard to 
whether’’ and inserting ‘‘only while’’; and 
(4) in subsection (f)(2) by inserting ‘‘as long as the indi-
vidual is serving on active duty or as a member of the Selected 
Reserve’’ after ‘‘so transferred’’; 
(5) by adding at the end of subsection (f) the following: 
‘‘(3) Entitlement transferred under this section may not be 
treated as marital property, or the asset of a marital estate, subject 
to division in a divorce or other civil proceeding.’’; 
(6) in subsection (h)(5) by inserting ‘‘may use the benefit 
without regard to the 10-year delimiting date, but’’ after ‘‘under 
this section’’; and 
(7) by striking subsection (k) and inserting the following: 
‘‘(k) REGULATIONS.—The Secretary of Defense, in coordination 
with the Secretary of Veterans Affairs, shall prescribe regulations 
for purposes of this section. Such regulations shall specify— 
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122 STAT. 2381 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(1) the manner of authorizing the military departments 
to offer transfer of entitlements under this section; 
‘‘(2) the eligibility criteria in accordance with subsection 
(b); 
‘‘(3) the limitations on the amount of entitlement eligible 
to be transferred; and 
‘‘(4) the manner and effect of an election to modify or 
revoke a transfer of entitlement under subsection (f)(2).’’. 
(b) AUTHORITY TO TRANSFER MONTGOMERY GI BILL FOR THE 
SELECTED RESERVE BENEFITS TO A DEPENDENT.—Chapter 1606 of 
title 10, United States Code, is amended by inserting after section 
16132 the following: 
‘‘§ 16132a. Authority to transfer unused education benefits 
to family members 
‘‘(a) IN GENERAL.—Subject to regulation prescribed by the Sec-
retary of Defense, the Secretary concerned may permit a member 
described in subsection (b) who is entitled to basic educational 
assistance under this chapter to elect to transfer to one or more 
of the dependents specified in subsection (c) a portion of such 
member’s entitlement to such assistance, subject to the limitation 
under subsection (d). 
‘‘(b) ELIGIBLE MEMBERS.—A member referred to in subsection 
(a) is a member of the Selected Reserve of the Ready Reserve 
who, at the time of the approval of the member’s request to transfer 
entitlement to basic educational assistance under this section, has 
completed— 
‘‘(1) at least six years of service in the Selected Reserve 
and enters into an agreement to service at least four more 
years as a member of the armed forces; or 
‘‘(2) the years of service as determined in regulations pursu-
ant to subsection (j). 
‘‘(c) ELIGIBLE DEPENDENTS.—A member approved to transfer 
an entitlement to basic educational assistance under this section 
may transfer the member’s entitlement as follows: 
‘‘(1) To the member’s spouse. 
‘‘(2) To one or more of the member’s children. 
‘‘(3) To a combination of the individuals referred to in 
paragraphs (1) and (2). 
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number 
of months of entitlement transferred by a member under this section 
may not exceed 36 months. The Secretary of Defense may prescribe 
regulations that would limit the months of entitlement that may 
be transferred under this section to no less than 18 months. 
‘‘(e) DESIGNATION OF TRANSFEREE.—A member transferring an 
entitlement to basic educational assistance under this section 
shall— 
‘‘(1) designate the dependent or dependents to whom such 
entitlement is being transferred; 
‘‘(2) designate the number of months of such entitlement 
to be transferred to each such dependent; and 
‘‘(3) specify the period for which the transfer shall be effec-
tive for each dependent designated under paragraph (1). 
‘‘(f) TIME
FOR TRANSFER; REVOCATION
AND MODIFICATION.— 
(1) Subject to the time limitation for use of entitlement under 
section 16133, a member approved to transfer entitlement to basic 
Regulations. 
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122 STAT. 2382 
PUBLIC LAW 110–252—JUNE 30, 2008 
educational assistance under this section may transfer such entitle-
ment at any time after the approval of the member’s request to 
transfer such entitlement. 
‘‘(2) A member transferring entitlement under this section may 
modify or revoke at any time the transfer of any unused portion 
of the entitlement so transferred. The modification or revocation 
of the transfer of entitlement under this paragraph shall be made 
by the submittal of written notice of the action to both the Secretary 
concerned and the Secretary of Veterans Affairs. 
‘‘(3) Entitlement transferred under this section may not be 
treated as marital property, or the asset of a marital estate, subject 
to division in a divorce or other civil proceeding. 
‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitle-
ment to basic educational assistance is transferred under this sec-
tion may not commence the use of the transferred entitlement 
until— 
‘‘(1) in the case of entitlement transferred to a spouse, 
the completion by the member making the transfer of at least— 
‘‘(A) six years of service in the armed forces; or 
‘‘(B) the years of service as determined in regulations 
pursuant to subsection (j); or 
‘‘(2) in the case of entitlement transferred to a child, both— 
‘‘(A) the completion by the member making the transfer 
of at least— 
‘‘(i) ten years of service in the armed forces; or 
‘‘(ii) the years of service as determined in regula-
tions pursuant to subsection (j); and 
‘‘(B) either— 
‘‘(i) the completion by the child of the requirements 
of a secondary school diploma (or equivalency certifi-
cate); or 
‘‘(ii) the attainment by the child of 18 years of 
age. 
‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) The use of any 
entitlement to basic educational assistance transferred under this 
section shall be charged against the entitlement of the member 
making the transfer at the rate of one month for each month 
of transferred entitlement that is used. 
‘‘(2) Except as provided under subsection (e)(2) and subject 
to paragraphs (5) and (6), a dependent to whom entitlement is 
transferred under this section is entitled to basic educational assist-
ance under this chapter in the same manner as the member from 
whom the entitlement was transferred. 
‘‘(3) The monthly rate of educational assistance payable to 
a dependent to whom entitlement is transferred under this section 
shall be the monthly amount payable under sections 16131 and 
16131a to the member making the transfer. 
‘‘(4) The death of a member transferring an entitlement under 
this section shall not affect the use of the entitlement by the 
dependent to whom the entitlement is transferred. 
‘‘(5) The involuntary separation or retirement of the member— 
‘‘(A) because of a nondiscretionary provision of law for 
age or years of service; 
‘‘(B) because of a policy prescribed by the Secretary con-
cerned mandating such separation or retirement based solely 
on age or years of service for the prescribed pay grade of 
an enlisted member; 
Notice. 
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122 STAT. 2383 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(C) under section 16133(b); or 
‘‘(D) because of medical disqualification which is not the 
result of gross negligence or misconduct of the member, 
shall not affect the use of entitlement by the dependent to whom 
the entitlement is transferred. 
‘‘(6) A child to whom entitlement is transferred under this 
section may not use any entitlement so transferred after attaining 
the age of 26 years. 
‘‘(7) The administrative provisions of this chapter shall apply 
to the use of entitlement transferred under this section, except 
that the dependent to whom the entitlement is transferred shall 
be treated as the eligible member for purposes of such provisions. 
‘‘(8) The purposes for which a dependent to whom entitlement 
is transferred under this section may use such entitlement shall 
include the pursuit and completion of the requirements of a sec-
ondary school diploma (or equivalency certificate). 
‘‘(i) OVERPAYMENT.—(1) In the event of an overpayment of basic 
educational assistance with respect to a dependent to whom entitle-
ment is transferred under this section, the dependent and the 
member making the transfer shall be jointly and severally liable 
to the United States for the amount of the overpayment for purposes 
of section 3685 of title 38. 
‘‘(2) Except as provided in paragraph (3), if a member’s whose 
eligibility is terminated under section 16134(2), the amount of any 
transferred entitlement under this section that is used by a 
dependent of the member as of the date of such termination shall 
be treated as an overpayment of basic educational assistance under 
paragraph (1). 
‘‘(3) Paragraph (2) shall not apply in the case of a member 
who fails to complete service agreed to by the member— 
‘‘(A) by reason of the death of the member; or 
‘‘(B) for a reason referred to in section 16133(b). 
‘‘(j) REGULATIONS.—The Secretary of Defense, in consultation 
with the Secretary of Veterans Affairs, shall prescribe regulations 
for purposes of this section. Such regulations shall specify— 
‘‘(1) the manner of authorizing the military departments 
to offer transfer of entitlements under this section; 
‘‘(2) the eligibility criteria in accordance with subsection 
(b); 
‘‘(3) the manner and effect of an election to modify or 
revoke a transfer of entitlement under subsection (f)(2); and 
‘‘(4) the manner in which the provisions referred to in 
subsections (h)(4) and (5) shall be administered with respect 
to a dependent to whom entitlement is transferred under this 
section.’’. 
(c) AUTHORITY TO TRANSFER RESERVE EDUCATIONAL ASSISTANCE 
PROGRAM BENEFITS TO A DEPENDENT.—Chapter 1607 of such title 
is amended by inserting after section 16163 the following: 
‘‘§ 16163a. Authority to transfer unused education benefits 
to family members 
‘‘(a) IN GENERAL.—Subject to the provisions of this section, 
the Secretary concerned may permit, at such Secretary’s sole discre-
tion, a member described in subsection (b) who is entitled to basic 
educational assistance under this chapter to elect to transfer to 
one or more of the dependents specified in subsection (c) a portion 
Applicability. 
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122 STAT. 2384 
PUBLIC LAW 110–252—JUNE 30, 2008 
of such member’s entitlement to such assistance, subject to the 
limitation under subsection (d). 
‘‘(b) ELIGIBLE MEMBERS.—A member referred to in subsection 
(a) is a member of the armed forces who, at the time of the 
approval of the member’s request to transfer entitlement to basic 
educational assistance under this section, has completed at least— 
‘‘(1) six years of service in the armed forces and enters 
into an agreement to serve at least four more years as a 
member of the armed forces; or 
‘‘(2) the years of service as determined in regulations pursu-
ant to section (j). 
‘‘(c) ELIGIBLE DEPENDENTS.—A member approved to transfer 
an entitlement to basic educational assistance under this section 
may transfer the member’s entitlement as follows: 
‘‘(1) To the member’s spouse. 
‘‘(2) To one or more of the member’s children. 
‘‘(3) To a combination of the individuals referred to in 
paragraphs (1) and (2). 
‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number 
of months of entitlement transferred by a member under this section 
may not exceed 36 months. The Secretary of Defense may prescribe 
regulations that would limit the months of entitlement that may 
be transferred under this section to no less than 18 months. 
‘‘(e) DESIGNATION OF TRANSFEREE.—A member transferring an 
entitlement to basic educational assistance under this section 
shall— 
‘‘(1) designate the dependent or dependents to whom such 
entitlement is being transferred; 
‘‘(2) designate the number of months of such entitlement 
to be transferred to each such dependent; and 
‘‘(3) specify the period for which the transfer shall be effec-
tive for each dependent designated under paragraph (1). 
‘‘(f) TIME
FOR TRANSFER; REVOCATION
AND MODIFICATION.— 
(1) Subject to the time limitation for use of entitlement under 
section 16164, a member approved to transfer entitlement to basic 
educational assistance under this section may transfer such entitle-
ment only while serving as a member of the armed forces when 
the transfer is executed. 
‘‘(2) A member transferring entitlement under this section may 
modify or revoke at any time the transfer of any unused portion 
of the entitlement so transferred. The modification or revocation 
of the transfer of entitlement under this paragraph shall be made 
by the submittal of written notice of the action to both the Secretary 
concerned and the Secretary of Veterans Affairs. 
‘‘(3) Entitlement transferred under this section may not be 
treated as marital property, or the asset of a marital estate, subject 
to division in a divorce or other civil proceeding. 
‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitle-
ment to basic educational assistance is transferred under this sec-
tion may not commence the use of the transferred entitlement 
until— 
‘‘(1) in the case of entitlement transferred to a spouse, 
the completion by the member making the transfer of at least— 
‘‘(A) six years of service in the armed forces; or 
‘‘(B) the years of service as determined in regulations 
pursuant to subsection (j); or 
‘‘(2) in the case of entitlement transferred to a child, both— 
Notice. 
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122 STAT. 2385 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(A) the completion by the member making the transfer 
of at least— 
‘‘(i) ten years of service in the armed forces; or 
‘‘(ii) the years of service as determined in regula-
tions pursuant to subsection (j); and 
‘‘(B) either— 
‘‘(i) the completion by the child of the requirements 
of a secondary school diploma (or equivalency certifi-
cate); or 
‘‘(ii) the attainment by the child of 18 years of 
age. 
‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) The use of any 
entitlement to basic educational assistance transferred under this 
section shall be charged against the entitlement of the member 
making the transfer at the rate of one month for each month 
of transferred entitlement that is used. 
‘‘(2) Except as provided under subsection (e)(2) and subject 
to paragraphs (5) and (6), a dependent to whom entitlement is 
transferred under this section is entitled to basic educational assist-
ance under this chapter in the same manner as the member from 
whom the entitlement was transferred. 
‘‘(3) The monthly rate of educational assistance payable to 
a dependent to whom entitlement is transferred under this section 
shall be the monthly amount payable under sections 16162 and 
16162a to the member making the transfer. 
‘‘(4) The death of a member transferring an entitlement under 
this section shall not affect the use of the entitlement by the 
dependent to whom the entitlement is transferred. 
‘‘(5) Notwithstanding section 16164(a)(2), a child to whom 
entitlement is transferred under this section may use the benefit 
without regard to the 10-year delimiting date, but may not use 
any entitlement so transferred after attaining the age of 26 years. 
‘‘(6) The administrative provisions of this chapter shall apply 
to the use of entitlement transferred under this section, except 
that the dependent to whom the entitlement is transferred shall 
be treated as the eligible member for purposes of such provisions. 
‘‘(7) The purposes for which a dependent to whom entitlement 
is transferred under this section may use such entitlement shall 
include the pursuit and completion of the requirements of a sec-
ondary school diploma (or equivalency certificate). 
‘‘(i) OVERPAYMENT.— 
‘‘(1) JOINT
AND
SEVERAL
LIABILITY.—In the event of an 
overpayment of basic educational assistance with respect to 
a dependent to whom entitlement is transferred under this 
section, the dependent and the member making the transfer 
shall be jointly and severally liable to the United States for 
the amount of the overpayment for purposes of section 3685 
of title 38. 
‘‘(2) FAILURE TO COMPLETE SERVICE AGREEMENT.—Except 
as provided in paragraph (3), if an individual transferring 
entitlement under this section fails to complete the service 
agreed to by the individual under subsection (b)(1) in accord-
ance with the terms of the agreement of the individual under 
that subsection, the amount of any transferred entitlement 
under this section that is used by a dependent of the individual 
as of the date of such failure shall be treated as an overpayment 
of educational assistance under paragraph (1). 
Applicability. 
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122 STAT. 2386 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(3) Paragraph (2) shall not apply in the case of an indi-
vidual who fails to complete service agreed to by the indi-
vidual— 
‘‘(A) by reason of the death of the individual; or 
‘‘(B) for a reason referred to in section 16133(b). 
‘‘(j) REGULATIONS.—(1) The Secretary of Defense, in coordina-
tion with the Secretary of Veterans Affairs, shall prescribe regula-
tions for purposes of this section. 
‘‘(2) Such regulations shall specify— 
‘‘(A) the manner of authorizing the transfer of entitlements 
under this section; 
‘‘(B) the eligibility criteria in accordance with subsection 
(b); and 
‘‘(C) the manner and effect of an election to modify or 
revoke a transfer of entitlement under subsection (f)(2). 
‘‘(k) SECRETARY CONCERNED DEFINED.—For purposes of this 
section, the term ‘Secretary concerned’ has the meaning given in 
section 101(a)(9) in the case of a member of the armed forces.’’. 
(d) CONFORMING AMENDMENTS.—Section 16133(a) of title 10, 
United States Code, is amended by striking ‘‘(1)’’ and all that 
follows through the period at the end of the subsection and inserting 
‘‘on the date the person is separated from the Selected Reserve.’’. 
(e) CLERICAL AMENDMENTS.—(1) The table of sections at the 
beginning of chapter 30 of title 38, United States Code, is amended 
by striking the item relating to section 3020 and inserting the 
following new item: 
‘‘3020. Authority to transfer unused education benefits to family members of career 
service members.’’. 
(2) The table of sections at the beginning of chapter 1606 
of title 10, United States Code, is amended by inserting after 
the item relating to section 16132 the following new item: 
‘‘16132a. Authority to transfer unused education benefits to family members.’’. 
(3) The table of sections at the beginning of chapter 1607 
of such title is amended by inserting after the item relating to 
section 16163 the following new item: 
‘‘16163a. Authority to transfer unused education benefits to family members.’’. 
TITLE VI—ACCOUNTABILITY AND TRANSPARENCY IN 
GOVERNMENT CONTRACTING 
CHAPTER 1—CLOSE THE CONTRACTOR FRAUD LOOPHOLE 
SHORT TITLE 
SEC. 6101. This chapter may be cited as the ‘‘Close the Con-
tractor Fraud Loophole Act’’. 
REVISION OF THE FEDERAL ACQUISITION REGULATION 
SEC. 6102. The Federal Acquisition Regulation shall be 
amended within 180 days after the date of the enactment of this 
Act pursuant to FAR Case 2007–006 (as published at 72 Fed Reg. 
64019, November 14, 2007) or any follow-on FAR case to include 
provisions that require timely notification by Federal contractors 
of violations of Federal criminal law or overpayments in connection 
with the award or performance of covered contracts or subcontracts, 
including those performed outside the United States and those 
for commercial items. 
Deadline. 
41 USC 251 note. 
41 USC 251 note. 
Close the 
Contractor Fraud 
Loophole Act. 
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122 STAT. 2387 
PUBLIC LAW 110–252—JUNE 30, 2008 
DEFINITION 
SEC. 6103. In this chapter, the term ‘‘covered contract’’ means 
any contract in an amount greater than $5,000,000 and more than 
120 days in duration. 
CHAPTER 2—GOVERNMENT FUNDING TRANSPARENCY 
SHORT TITLE 
SEC. 6201. This chapter may be cited as the ‘‘Government 
Funding Transparency Act of 2008’’. 
FINANCIAL DISCLOSURE REQUIREMENTS FOR CERTAIN RECIPIENTS OF 
FEDERAL AWARDS 
SEC. 6202. (a) DISCLOSURE REQUIREMENTS.—Section 2(b)(1) of 
the Federal Funding Accountability and Transparency Act (Public 
Law 109–282; 31 U.S.C. 6101 note) is amended— 
(1) by striking ‘‘and’’ at the end of subparagraph (E); 
(2) by redesignating subparagraph (F) as subparagraph 
(G); and 
(3) by inserting after subparagraph (E) the following new 
subparagraph: 
‘‘(F) the names and total compensation of the five most 
highly compensated officers of the entity if— 
‘‘(i) the entity in the preceding fiscal year 
received— 
‘‘(I) 80 percent or more of its annual gross 
revenues in Federal awards; and 
‘‘(II) $25,000,000 or more in annual gross reve-
nues from Federal awards; and 
‘‘(ii) the public does not have access to information 
about the compensation of the senior executives of 
the entity through periodic reports filed under section 
13(a) or 15(d) of the Securities Exchange Act of 1934 
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the 
Internal Revenue Code of 1986.’’. 
(b) REGULATIONS REQUIRED.—The Director of the Office of 
Management and Budget shall promulgate regulations to implement 
the amendment made by this chapter. Such regulations shall 
include a definition of ‘‘total compensation’’ that is consistent with 
regulations of the Securities and Exchange Commission at section 
402 of part 229 of title 17 of the Code of Federal Regulations 
(or any subsequent regulation). 
TITLE VII—MEDICAID PROVISIONS 
SEC. 7001. (a) MORATORIA
ON CERTAIN MEDICAID REGULA-
TIONS.— 
(1) EXTENSION OF CERTAIN MORATORIA IN PUBLIC LAW 110– 
28.—Section 7002(a)(1) of the U.S. Troop Readiness, Veterans’ 
Care, Katrina Recovery, and Iraq Accountability Appropriations 
Act, 2007 (Public Law 110–28) is amended— 
(A) by striking ‘‘prior to the date that is 1 year after 
the date of enactment of this Act’’ and inserting ‘‘prior 
to April 1, 2009’’; 
121 Stat. 187. 
31 USC 6101 
note. 
31 USC 6101 
note. 
Government 
Funding 
Transparency Act 
of 2008. 
41 USC 251 note. 
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122 STAT. 2388 
PUBLIC LAW 110–252—JUNE 30, 2008 
(B) in subparagraph (A), by inserting after ‘‘Federal 
Regulations)’’ the following: ‘‘or in the final regulation, 
relating to such parts, published on May 29, 2007 (72 
Federal Register 29748) and determined by the United 
States District Court for the District of Columbia to have 
been ‘improperly promulgated’, Alameda County Medical 
Center, et al., v. Leavitt, et al., Civil Action No. 08-0422, 
Mem. at 4 (D.D.C. May 23, 2008)’’; and 
(C) in subparagraph (C), by inserting before the period 
at the end the following: ‘‘, including the proposed regula-
tion published on May 23, 2007 (72 Federal Register 
28930)’’. 
(2) EXTENSION OF CERTAIN MORATORIA IN PUBLIC LAW 110– 
173.—Section 206 of the Medicare, Medicaid, and SCHIP Exten-
sion Act of 2007 (Public Law 110–173) is amended— 
(A) by striking ‘‘June 30, 2008’’ and inserting ‘‘April 
1, 2009’’; 
(B) by inserting ‘‘, including the proposed regulation 
published on August 13, 2007 (72 Federal Register 45201),’’ 
after ‘‘rehabilitation services’’; and 
(C) by inserting ‘‘, including the final regulation pub-
lished on December 28, 2007 (72 Federal Register 73635),’’ 
after ‘‘school-based transportation’’. 
(3) ADDITIONAL MORATORIA.— 
(A) IN GENERAL.—Notwithstanding any other provision 
of law, the Secretary of Health and Human Services shall 
not, prior to April 1, 2009, take any action (through 
promulgation of regulation, issuance of regulatory guid-
ance, use of Federal payment audit procedures, or other 
administrative action, policy, or practice, including a Med-
ical Assistance Manual transmittal or letter to State Med-
icaid directors) to impose any restrictions relating to a 
provision described in subparagraph (B) or (C) if such 
restrictions are more restrictive in any aspect than those 
applied to the respective provision as of the date specified 
in subparagraph (D) for such provision. 
(B) PORTION OF INTERIM FINAL REGULATION RELATING 
TO MEDICAID TREATMENT OF OPTIONAL CASE MANAGEMENT 
SERVICES.— 
(i) IN GENERAL.—Subject to clause (ii), the provi-
sion described in this subparagraph is the interim 
final regulation relating to optional State plan case 
management services under the Medicaid program 
published on December 4, 2007 (72 Federal Register 
68077) in its entirety. 
(ii) EXCEPTION.—The provision described in this 
subparagraph does not include the portion of such 
regulation as relates directly to implementing section 
1915(g)(2)(A)(ii) of the Social Security Act, as amended 
by section 6052 of the Deficit Reduction Act of 2005 
(Public Law 109–171), through the definition of case 
management services and targeted case management 
services contained in proposed section 440.169 of title 
42, Code of Federal Regulations, but only to the extent 
that such portion is not more restrictive than the poli-
cies set forth in the Dear State Medicaid Director 
letter on case management issued on January 19, 2001 
121 Stat. 2514. 
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122 STAT. 2389 
PUBLIC LAW 110–252—JUNE 30, 2008 
(SMDL #01–013), and with respect to community 
transition case management, the Dear State Medicaid 
Director letter issued on July 25, 2000 (Olmstead 
Update 3). 
(C) PORTION OF PROPOSED REGULATION RELATING TO 
MEDICAID ALLOWABLE PROVIDER TAXES.— 
(i) IN GENERAL.—Subject to clause (ii), the provi-
sion described in this subparagraph is the final regula-
tion relating to health-care-related taxes under the 
Medicaid program published on February 22, 2008 (73 
Federal Register 9685) in its entirety. 
(ii) EXCEPTION.—The provision described in this 
subparagraph does not include the portions of such 
regulation as relate to the following: 
(I) REDUCTION IN THRESHOLD.—The reduction 
from 6 percent to 5.5 percent in the threshold 
applied under section 433.68(f)(3)(i) of title 42, 
Code of Federal Regulations, for determining 
whether or not there is an indirect guarantee to 
hold a taxpayer harmless, as required to carry 
out section 1903(w)(4)(C)(ii) of the Social Security 
Act, as added by section 403 of the Medicare 
Improvement and Extension Act of 2006 (division 
B of Public Law 109–432). 
(II) CHANGE
IN
DEFINITION
OF
MANAGED 
CARE.—The change in the definition of managed 
care as proposed in the revision of section 
433.56(a)(8) of title 42, Code of Federal Regula-
tions, 
as 
required 
to 
carry 
out 
section 
1903(w)(7)(A)(viii) of the Social Security Act, as 
amended by section 6051 of the Deficit Reduction 
Act of 2005 (Public Law 109–171). 
(D) DATE
SPECIFIED.—The date specified in this 
subparagraph for the provision described in— 
(i) subparagraph (B) is December 3, 2007; or 
(ii) subparagraph (C) is February 21, 2008. 
(b) FUNDS TO REDUCE MEDICAID FRAUD AND ABUSE.— 
(1) IN GENERAL.—For purposes of reducing fraud and abuse 
in the Medicaid program under title XIX of the Social Security 
Act— 
(A) there is appropriated to the Office of the Inspector 
General of the Department of Health and Human Services, 
out of any money in the Treasury not otherwise appro-
priated, $25,000,000, for fiscal year 2009; and 
(B) there is authorized to be appropriated to such 
Office $25,000,000 for fiscal year 2010 and each subsequent 
fiscal year. 
Amounts appropriated under this section shall remain available 
for expenditure until expended and shall be in addition to 
any other amounts appropriated or made available to such 
Office for such purposes with respect to the Medicaid program. 
(2) ANNUAL REPORT.—Not later than September 30 of 2009 
and of each subsequent year, the Inspector General of the 
Department of Health and Human Services shall submit to 
the Committees on Energy and Commerce and Appropriations 
of the House of Representatives and the Committees on Finance 
and Appropriations of the Senate a report on the activities 
42 USC 
1320a–7g. 
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122 STAT. 2390 
PUBLIC LAW 110–252—JUNE 30, 2008 
(and the results of such activities) funded under paragraph 
(1) to reduce waste, fraud, and abuse in the Medicaid program 
under title XIX of the Social Security Act during the previous 
12 month period, including the amount of funds appropriated 
under such paragraph for each such activity and an estimate 
of the savings to the Medicaid program resulting from each 
such activity. 
(c) STUDY AND REPORTS TO CONGRESS.— 
(1) SECRETARIAL REPORT IDENTIFYING PROBLEMS.—Not later 
than January 1, 2009, the Secretary of Health and Human 
Services shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Finance of the Senate a report that— 
(A) outlines the specific problems the Medicaid regula-
tions referred to in the amendments made by paragraphs 
(1) and (2) of subsection (a) were intended to address; 
(B) details how these regulations were designed to 
address these specific problems; and 
(C) cites the legal authority for such regulations. 
(2) INDEPENDENT
COMPREHENSIVE
STUDY
AND
REPORT.— 
(A) IN GENERAL.—Not later than January 1, 2009, the 
Secretary of Health and Human Services shall enter into 
a contract with an independent organization for the purpose 
of— 
(i) producing a comprehensive report on the preva-
lence of the problems outlined in the report submitted 
under paragraph (1); 
(ii) identifying strategies in existence to address 
these problems; and 
(iii) assessing the impact of each regulation 
referred to in such paragraph on each State and the 
District of Columbia. 
(B) ADDITIONAL MATTER.—The report under subpara-
graph (A) shall also include— 
(i) an identification of which claims for items and 
services (including administrative activities) under title 
XIX of the Social Security Act are not processed 
through systems described in section 1903(r) of such 
Act; 
(ii) an examination of the reasons why these claims 
for such items and services are not processed through 
such systems; and 
(iii) recommendations on actions by the Federal 
government and the States that can make claims for 
such items and services more accurate and complete 
consistent with such title. 
(C) DEADLINE.—The report under subparagraph (A) 
shall be submitted to the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Finance of the Senate not later than September 1, 
2009. 
(D) COOPERATION
OF
STATES.—If the Secretary of 
Health and Human Services determines that a State or 
the District of Columbia has not cooperated with the inde-
pendent organization for purposes of the report under this 
paragraph, the Secretary shall reduce the amount paid 
to the State or District under section 1903(a) of the Social 
Contracts. 
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122 STAT. 2391 
PUBLIC LAW 110–252—JUNE 30, 2008 
Security Act (42 U.S.C. 1396b(a)) by $25,000 for each day 
on which the Secretary determines such State or District 
has not so cooperated. Such reduction shall be made 
through a process that permits the State or District to 
challenge the Secretary’s determination. 
(3) FUNDING.— 
(A) IN GENERAL.—Out of any money in the Treasury 
of the United States not otherwise appropriated, there 
are appropriated to the Secretary without further appro-
priation, $5,000,000 to carry out this subsection. 
(B) AVAILABILITY; AMOUNTS
IN
ADDITION
TO
OTHER 
AMOUNTS APPROPRIATED FOR SUCH ACTIVITIES.—Amounts 
appropriated pursuant to subparagraph (A) shall— 
(i) remain available until expended; and 
(ii) be in addition to any other amounts appro-
priated or made available to the Secretary of Health 
and Human Services with respect to the Medicaid pro-
gram. 
(d) ASSET VERIFICATION THROUGH ACCESS
TO INFORMATION 
HELD BY FINANCIAL INSTITUTIONS.— 
(1) ADDITION OF AUTHORITY.—Title XIX of the Social Secu-
rity Act is amended by inserting after section 1939 the following 
new section: 
‘‘ASSET VERIFICATION THROUGH ACCESS TO INFORMATION HELD BY 
FINANCIAL INSTITUTIONS 
‘‘SEC. 1940. (a) IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—Subject to the provisions of this section, 
each State shall implement an asset verification program 
described in subsection (b), for purposes of determining or 
redetermining the eligibility of an individual for medical assist-
ance under the State plan under this title. 
‘‘(2) PLAN SUBMITTAL.—In order to meet the requirement 
of paragraph (1), each State shall— 
‘‘(A) submit not later than a deadline specified by the 
Secretary consistent with paragraph (3), a State plan 
amendment under this title that describes how the State 
intends to implement the asset verification program; and 
‘‘(B) provide for implementation of such program for 
eligibility determinations and redeterminations made on 
or after 6 months after the deadline established for sub-
mittal of such plan amendment. 
‘‘(3) PHASE-IN.— 
‘‘(A) IN GENERAL.— 
‘‘(i) 
IMPLEMENTATION
IN
CURRENT
ASSET 
VERIFICATION
DEMO
STATES.—The Secretary shall 
require those States specified in subparagraph (C) (to 
which an asset verification program has been applied 
before the date of the enactment of this section) to 
implement an asset verification program under this 
subsection by the end of fiscal year 2009. 
‘‘(ii) IMPLEMENTATION IN OTHER STATES.—The Sec-
retary shall require other States to submit and imple-
ment an asset verification program under this sub-
section in such manner as is designed to result in 
the application of such programs, in the aggregate 
Deadlines. 
42 USC 1396w. 
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122 STAT. 2392 
PUBLIC LAW 110–252—JUNE 30, 2008 
for all such other States, to enrollment of approxi-
mately, but not less than, the following percentage 
of enrollees, in the aggregate for all such other States, 
by the end of the fiscal year involved: 
‘‘(I) 12.5 percent by the end of fiscal year 2009. 
‘‘(II) 25 percent by the end of fiscal year 2010. 
‘‘(III) 50 percent by the end of fiscal year 2011. 
‘‘(IV) 75 percent by the end of fiscal year 2012. 
‘‘(V) 100 percent by the end of fiscal year 2013. 
‘‘(B) 
CONSIDERATION.—In 
selecting 
States 
under 
subparagraph (A)(ii), the Secretary shall consult with the 
States involved and take into account the feasibility of 
implementing asset verification programs in each such 
State. 
‘‘(C) STATES SPECIFIED.—The States specified in this 
subparagraph are California, New York, and New Jersey. 
‘‘(D) CONSTRUCTION.—Nothing in subparagraph (A)(ii) 
shall be construed as preventing a State from requesting, 
and the Secretary from approving, the implementation of 
an asset verification program in advance of the deadline 
otherwise established under such subparagraph. 
‘‘(4) EXEMPTION OF TERRITORIES.—This section shall only 
apply to the 50 States and the District of Columbia. 
‘‘(b) ASSET VERIFICATION PROGRAM.— 
‘‘(1) IN GENERAL.—For purposes of this section, an asset 
verification program means a program described in paragraph 
(2) under which a State— 
‘‘(A) requires each applicant for, or recipient of, medical 
assistance under the State plan under this title on the 
basis of being aged, blind, or disabled to provide authoriza-
tion by such applicant or recipient (and any other person 
whose resources are required by law to be disclosed to 
determine the eligibility of the applicant or recipient for 
such assistance) for the State to obtain (subject to the 
cost reimbursement requirements of section 1115(a) of the 
Right to Financial Privacy Act but at no cost to the 
applicant or recipient) from any financial institution 
(within the meaning of section 1101(1) of such Act) any 
financial record (within the meaning of section 1101(2) 
of such Act) held by the institution with respect to the 
applicant or recipient (and such other person, as 
applicable), whenever the State determines the record is 
needed in connection with a determination with respect 
to such eligibility for (or the amount or extent of) such 
medical assistance; and 
‘‘(B) uses the authorization provided under subpara-
graph (A) to verify the financial resources of such applicant 
or recipient (and such other person, as applicable), in order 
to determine or redetermine the eligibility of such applicant 
or recipient for medical assistance under the State plan. 
‘‘(2) PROGRAM
DESCRIBED.—A program described in this 
paragraph is a program for verifying individual assets in a 
manner consistent with the approach used by the Commissioner 
of Social Security under section 1631(e)(1)(B)(ii). 
‘‘(c) DURATION
OF AUTHORIZATION.—Notwithstanding section 
1104(a)(1) of the Right to Financial Privacy Act, an authorization 
Consultation. 
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122 STAT. 2393 
PUBLIC LAW 110–252—JUNE 30, 2008 
provided to a State under subsection (b)(1) shall remain effective 
until the earliest of— 
‘‘(1) the rendering of a final adverse decision on the 
applicant’s application for medical assistance under the State’s 
plan under this title; 
‘‘(2) the cessation of the recipient’s eligibility for such med-
ical assistance; or 
‘‘(3) the express revocation by the applicant or recipient 
(or such other person described in subsection (b)(1), as 
applicable) of the authorization, in a written notification to 
the State. 
‘‘(d) TREATMENT OF RIGHT TO FINANCIAL PRIVACY ACT REQUIRE-
MENTS.— 
‘‘(1) An authorization obtained by the State under sub-
section (b)(1) shall be considered to meet the requirements 
of the Right to Financial Privacy Act for purposes of section 
1103(a) of such Act, and need not be furnished to the financial 
institution, notwithstanding section 1104(a) of such Act. 
‘‘(2) The certification requirements of section 1103(b) of 
the Right to Financial Privacy Act shall not apply to requests 
by the State pursuant to an authorization provided under sub-
section (b)(1). 
‘‘(3) A request by the State pursuant to an authorization 
provided under subsection (b)(1) is deemed to meet the require-
ments of section 1104(a)(3) of the Right to Financial Privacy 
Act and of section 1102 of such Act, relating to a reasonable 
description of financial records. 
‘‘(e) REQUIRED DISCLOSURE.—The State shall inform any person 
who provides authorization pursuant to subsection (b)(1)(A) of the 
duration and scope of the authorization. 
‘‘(f) REFUSAL
OR
REVOCATION
OF
AUTHORIZATION.—If an 
applicant for, or recipient of, medical assistance under the State 
plan under this title (or such other person described in subsection 
(b)(1), as applicable) refuses to provide, or revokes, any authoriza-
tion made by the applicant or recipient (or such other person, 
as applicable) under subsection (b)(1)(A) for the State to obtain 
from any financial institution any financial record, the State may, 
on that basis, determine that the applicant or recipient is ineligible 
for medical assistance. 
‘‘(g) USE OF CONTRACTOR.—For purposes of implementing an 
asset verification program under this section, a State may select 
and enter into a contract with a public or private entity meeting 
such criteria and qualifications as the State determines appropriate, 
consistent with requirements in regulations relating to general 
contracting provisions and with section 1903(i)(2). In carrying out 
activities under such contract, such an entity shall be subject to 
the same requirements and limitations on use and disclosure of 
information as would apply if the State were to carry out such 
activities directly. 
‘‘(h) TECHNICAL
ASSISTANCE.—The Secretary shall provide 
States with technical assistance to aid in implementation of an 
asset verification program under this section. 
‘‘(i) REPORTS.—A State implementing an asset verification pro-
gram under this section shall furnish to the Secretary such reports 
concerning the program, at such times, in such format, and con-
taining such information as the Secretary determines appropriate. 
Notification. 
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122 STAT. 2394 
PUBLIC LAW 110–252—JUNE 30, 2008 
‘‘(j) TREATMENT OF PROGRAM EXPENSES.—Notwithstanding any 
other provision of law, reasonable expenses of States in carrying 
out the program under this section shall be treated, for purposes 
of section 1903(a), in the same manner as State expenditures speci-
fied in paragraph (7) of such section.’’. 
(2) STATE PLAN REQUIREMENTS.—Section 1902(a) of such 
Act (42 U.S.C. 1396a(a)) is amended— 
(A) in paragraph (69) by striking ‘‘and’’ at the end; 
(B) in paragraph (70) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (70), as so amended, 
the following new paragraph: 
‘‘(71) provide that the State will implement an asset 
verification program as required under section 1940.’’. 
(3) WITHHOLDING OF FEDERAL MATCHING PAYMENTS FOR 
NONCOMPLIANT STATES.—Section 1903(i) of such Act (42 U.S.C. 
1396b(i)) is amended— 
(A) in paragraph (22) by striking ‘‘or’’ at the end; 
(B) in paragraph (23) by striking the period at the 
end and inserting ‘‘; or’’; and 
(C) by adding after paragraph (23) the following new 
paragraph: 
‘‘(24) if a State is required to implement an asset 
verification program under section 1940 and fails to implement 
such program in accordance with such section, with respect 
to amounts expended by such State for medical assistance 
for individuals subject to asset verification under such section, 
unless— 
‘‘(A) the State demonstrates to the Secretary’s satisfac-
tion that the State made a good faith effort to comply; 
‘‘(B) not later than 60 days after the date of a finding 
that the State is in noncompliance, the State submits to 
the Secretary (and the Secretary approves) a corrective 
action plan to remedy such noncompliance; and 
‘‘(C) not later than 12 months after the date of such 
submission (and approval), the State fulfills the terms of 
such corrective action plan.’’. 
(4) REPEAL.—Section 4 of Public Law 110–90 is repealed. 
SEC. 7002. (a) MEDICARE IMPROVEMENT FUND.— Title XVIII 
of the Social Security Act (42 U.S.C. 1395 et seq.) is amended 
by adding at the end the following new section: 
‘‘MEDICARE IMPROVEMENT FUND 
‘‘SEC. 1898. (a) ESTABLISHMENT.—The Secretary shall establish 
under this title a Medicare Improvement Fund (in this section 
referred to as the ‘Fund’) which shall be available to the Secretary 
to make improvements under the original fee-for-service program 
under parts A and B for individuals entitled to, or enrolled for, 
benefits under part A or enrolled under part B. 
‘‘(b) FUNDING.— 
‘‘(1) IN GENERAL.—There shall be available to the Fund, 
for expenditures from the Fund for services furnished during 
fiscal year 2014, $2,220,000,000. 
‘‘(2) PAYMENT FROM TRUST FUNDS.—The amount specified 
under paragraph (1) shall be available to the Fund, as expendi-
tures are made from the Fund, from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical 
42 USC 1395iii. 
42 USC 1396a 
note. 
Action plan. 
Deadlines. 
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122 STAT. 2395 
PUBLIC LAW 110–252—JUNE 30, 2008 
Insurance Trust Fund in such proportion as the Secretary 
determines appropriate. 
‘‘(3) FUNDING LIMITATION.—Amounts in the Fund shall be 
available in advance of appropriations but only if the total 
amount obligated from the Fund does not exceed the amount 
available to the Fund under paragraph (1). The Secretary may 
obligate funds from the Fund only if the Secretary determines 
(and the Chief Actuary of the Centers for Medicare & Medicaid 
Services and the appropriate budget officer certify) that there 
are available in the Fund sufficient amounts to cover all such 
obligations incurred consistent with the previous sentence.’’. 
(b) MEDICAID IMPROVEMENT FUND.— Title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.), as amended by section 7001(d), 
is further amended by adding at the end the following new section: 
‘‘MEDICAID IMPROVEMENT FUND 
‘‘SEC. 1941. (a) ESTABLISHMENT.—The Secretary shall establish 
under this title a Medicaid Improvement Fund (in this section 
referred to as the ‘Fund’) which shall be available to the Secretary 
to improve the management of the Medicaid program by the Centers 
for Medicare & Medicaid Services, including oversight of contracts 
and contractors and evaluation of demonstration projects. Payments 
made for activities under this subsection shall be in addition to 
payments that would otherwise be made for such activities. 
‘‘(b) FUNDING.— 
‘‘(1) IN GENERAL.—There shall be available to the Fund, 
for expenditures from the Fund— 
‘‘(A) for fiscal year 2014, $100,000,000; and 
‘‘(B) for fiscal years 2015 through 2018, $150,000,000. 
‘‘(2) FUNDING LIMITATION.—Amounts in the Fund shall be 
available in advance of appropriations but only if the total 
amount obligated from the Fund does not exceed the amount 
available to the Fund under paragraph (1). The Secretary may 
obligate funds from the Fund only if the Secretary determines 
(and the Chief Actuary of the Centers for Medicare & Medicaid 
Services and the appropriate budget officer certify) that there 
are available in the Fund sufficient amounts to cover all such 
obligations incurred consistent with the previous sentence.’’. 
(c) ADJUSTMENT
TO PAQI FUND.—Section 1848(l)(2) of the 
Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by section 
101(a)(2) of the Medicare, Medicaid, and SCHIP Extension Act 
of 2007 (Public Law 110-173), is amended— 
(1) in subparagraph (A)(i)— 
(A) in subclause (III), by striking ‘‘$4,960,000,000’’ and 
inserting ‘‘$4,670,000,000’’; and 
(B) by adding at the end the following new subclause: 
‘‘(IV) For expenditures during 2014, an amount 
equal to $290,000,000.’’; 
(2) in subparagraph (A)(ii), by adding at the end the fol-
lowing new subclause: 
‘‘(IV) 
2014.—The 
amount 
available 
for 
expenditures during 2014 shall only be available 
for an adjustment to the update of the conversion 
factor under subsection (d) for that year.’’; and 
(3) in subparagraph (B)— 
(A) in clause (ii), by striking ‘‘and’’ at the end; 
Certification. 
42 USC 1396w–1. 
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122 STAT. 2396 
PUBLIC LAW 110–252—JUNE 30, 2008 
(B) in clause (iii), by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new clause: 
‘‘(iv) 2014 for payment with respect to physicians’ 
services furnished during 2014.’’. 
TITLE VIII—GENERAL PROVISIONS, THIS ACT 
AVAILABILITY OF FUNDS 
SEC. 8001. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein. 
EMERGENCY DESIGNATION 
SEC. 8002. Each amount in each title of this Act is designated 
as an emergency requirement and necessary to meet emergency 
needs pursuant to section 204(a) of S. Con. Res. 21 (110th Congress) 
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the 
concurrent resolutions on the budget for fiscal years 2008 and 
2009. 
REDUCTION IN DEFENSE AMOUNTS 
SEC. 8003. Notwithstanding any other provision of this Act, 
the total amount appropriated in chapter 1 of title IX of this 
Act under the headings ‘‘Procurement’’, ‘‘Research, Development, 
Test and Evaluation’’, and ‘‘Defense Working Capital Funds’’ is 
hereby reduced by $3,577,845,000. Such reduction shall be applied 
proportionally to each appropriation account under such headings, 
and to each program, project, and activity within each such appro-
priation account. 
JOINT BASING INITIATIVES 
SEC. 8004. Section 9310 of this Act is amended by inserting 
‘‘, except funds deposited in the Department of Defense Base Closure 
Account 2005,’’ after ‘‘None of the funds available to the Department 
of Defense’’. 
DEFENSE HEALTH PROGRAM 
SEC. 8005. Amounts provided for ‘‘Defense Health Program’’ 
in Public Law 110-28 for Post Traumatic Stress Disorder and Trau-
matic Brain Injury (TBI) within operation and maintenance which 
remain available for obligation shall be made available for psycho-
logical health and traumatic brain injury. 
SHORT TITLE 
SEC. 8006. This Act may be cited as the ‘‘Supplemental Appro-
priations Act, 2008’’. 
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122 STAT. 2397 
PUBLIC LAW 110–252—JUNE 30, 2008 
TITLE IX 
DEFENSE MATTERS 
CHAPTER 1 
DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL 
YEAR 2008 
DEPARTMENT OF DEFENSE—MILITARY 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, Army’’, 
$12,216,715,000. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, Navy’’, 
$894,185,000. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, Marine 
Corps’’, $1,826,688,000. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, Air Force’’, 
$1,355,544,000. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, Army’’, 
$304,200,000. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, Navy’’, 
$72,800,000. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, Marine 
Corps’’, $16,720,000. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, Air Force’’, 
$5,000,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Personnel, 
Army’’, $1,369,747,000. 
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122 STAT. 2398 
PUBLIC LAW 110–252—JUNE 30, 2008 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Personnel, Air 
Force’’, $4,000,000. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Maintenance, 
Army’’, $17,223,512,000. 
OPERATION AND MAINTENANCE, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Operation and Maintenance, 
Navy’’, $2,977,864,000: Provided, That up to $112,607,000 shall 
be transferred to the Coast Guard ‘‘Operating Expenses’’ account. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Maintenance, 
Marine Corps’’, $159,900,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force’’, $5,972,520,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, $3,657,562,000, of which— 
(1) not to exceed $25,000,000 may be used for the Combat-
ant Commander Initiative Fund, to be used in support of Oper-
ation Iraqi Freedom and Operation Enduring Freedom; 
(2) not to exceed $800,000,000, to remain available until 
expended, may be used for payments to reimburse key cooper-
ating nations, for logistical, military, and other support pro-
vided to United States military operations, notwithstanding 
any other provision of law: Provided, That these funds may 
be used for the purpose of providing specialized training and 
procuring supplies and specialized equipment and providing 
such supplies and loaning such equipment on a non-reimburs-
able basis to coalition forces supporting United States military 
operations in Iraq and Afghanistan: Provided further, That 
such payments may be made in such amounts as the Secretary 
of Defense, with the concurrence of the Secretary of State, 
and in consultation with the Director of the Office of Manage-
ment and Budget, may determine, in his discretion, based on 
documentation determined by the Secretary of Defense to ade-
quately account for the support provided, and such determina-
tion is final and conclusive upon the accounting officers of 
the United States, and 15 days following notification to the 
appropriate congressional committees: Provided further, That 
the Secretary of Defense shall provide quarterly reports to 
the congressional defense committees on the use of funds pro-
vided in this paragraph: Provided further, That of the amount 
Reports. 
Deadlines. 
Deadline. 
Notification. 
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122 STAT. 2399 
PUBLIC LAW 110–252—JUNE 30, 2008 
available under this heading for the Defense Contract Manage-
ment Agency, $52,000,000 shall remain available until Sep-
tember 30, 2009. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Army Reserve’’, $164,839,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Navy Reserve’’, $109,876,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Marine Corps Reserve’’, $70,256,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force Reserve’’, $165,994,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Army National Guard’’, $685,644,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Air National Guard’’, $287,369,000. 
IRAQ FREEDOM FUND 
(INCLUDING TRANSFER OF FUNDS) 
For 
an 
additional 
amount 
for 
‘‘Iraq 
Freedom 
Fund’’, 
$50,000,000, to remain available for transfer until September 30, 
2009, notwithstanding any other provision of law, only for the 
redevelopment of the Iraqi industrial sector by identifying, and 
providing assistance to, factories and other industrial facilities that 
are best situated to resume operations quickly and reemploy the 
Iraqi workforce: Provided, That the Secretary of Defense shall, 
not fewer than 15 days prior to making transfers from this appro-
priation, notify the congressional defense committees in writing 
of the details of any such transfer. 
AFGHANISTAN SECURITY FORCES FUND 
For an additional amount for the ‘‘Afghanistan Security Forces 
Fund’’, $1,400,000,000, to remain available until September 30, 
2009. 
Deadline. 
Notification. 
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122 STAT. 2400 
PUBLIC LAW 110–252—JUNE 30, 2008 
IRAQ SECURITY FORCES FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for the ‘‘Iraq Security Forces Fund’’, 
$1,500,000,000, to remain available until September 30, 2009: Pro-
vided, That such funds shall be available to the Secretary of 
Defense, notwithstanding any other provision of law, for the purpose 
of allowing the Commander, Multi-National Security Transition 
Command—Iraq, or the Secretary’s designee, to provide assistance, 
with the concurrence of the Secretary of State, to the security 
forces of Iraq, including the provision of equipment, supplies, serv-
ices, training, facility and infrastructure repair, renovation, and 
construction, and funding: Provided further, That none of the assist-
ance provided under this heading in the form of funds may be 
utilized for the provision of salaries, wages, or bonuses to personnel 
of the Iraqi Security Forces: Provided further, That the authority 
to provide assistance under this heading is in addition to any 
other authority to provide assistance to foreign nations: Provided 
further, That the Secretary of Defense may transfer such funds 
to appropriations for military personnel; operation and mainte-
nance; Overseas Humanitarian, Disaster, and Civic Aid; procure-
ment; research, development, test and evaluation; and defense 
working capital funds to accomplish the purposes provided herein: 
Provided further, That this transfer authority is in addition to 
any other transfer authority available to the Department of Defense: 
Provided further, That upon a determination that all or part of 
the funds so transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred 
back to this appropriation: Provided further, That contributions 
of funds for the purposes provided herein from any person, foreign 
government, or international organization may be credited to this 
Fund, and used for such purposes: Provided further, That the Sec-
retary shall notify the congressional defense committees in writing 
upon the receipt and upon the transfer of any contribution delin-
eating the sources and amounts of the funds received and the 
specific use of such contributions: Provided further, That the Sec-
retary of Defense shall, not fewer than 15 days prior to making 
transfers from this appropriation account, notify the congressional 
defense committees in writing of the details of any such transfer: 
Provided further, That the Secretary shall submit a report no later 
than 30 days after the end of each fiscal quarter to the congressional 
defense committees summarizing the details of the transfer of funds 
from this appropriation. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, Army’’, 
$954,111,000, to remain available for obligation until September 
30, 2010. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, Army’’, 
$561,656,000, to remain available for obligation until September 
30, 2010. 
Reports. 
Deadline. 
Deadline. 
Notification. 
Notification. 
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122 STAT. 2401 
PUBLIC LAW 110–252—JUNE 30, 2008 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For an additional amount for ‘‘Procurement of Weapons and 
Tracked Combat Vehicles, Army’’, $5,463,471,000, to remain avail-
able for obligation until September 30, 2010. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Ammunition, 
Army’’, $344,900,000, to remain available for obligation until Sep-
tember 30, 2010. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, Army’’, 
$16,337,340,000, to remain available for obligation until September 
30, 2010. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, Navy’’, 
$3,563,254,000, to remain available for obligation until September 
30, 2010. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procurement, Navy’’, 
$317,456,000, to remain available for obligation until September 
30, 2010. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Procurement of Ammunition, 
Navy and Marine Corps’’, $304,945,000, to remain available for 
obligation until September 30, 2010. 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, Navy’’, 
$1,399,135,000, to remain available for obligation until September 
30, 2010. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine Corps’’, 
$2,197,390,000, to remain available for obligation until September 
30, 2010. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, Air Force’’, 
$7,103,923,000, to remain available for obligation until September 
30, 2010. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, Air Force’’, 
$66,943,000, to remain available for obligation until September 
30, 2010. 
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122 STAT. 2402 
PUBLIC LAW 110–252—JUNE 30, 2008 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Ammunition, 
Air Force’’, $205,455,000, to remain available for obligation until 
September 30, 2010. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, Air Force’’, 
$1,953,167,000, to remain available for obligation until September 
30, 2010. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, Defense-Wide’’, 
$408,209,000, to remain available for obligation until September 
30, 2010. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For an additional amount for ‘‘National Guard and Reserve 
Equipment’’, $825,000,000, to remain available for obligation until 
September 30, 2010: Provided, That the Chiefs of the National 
Guard and Reserve components shall, prior to the expenditure 
of funds, and not later than 30 days after the enactment of this 
Act, individually submit to the congressional defense committees 
an equipment modernization priority assessment with a detailed 
plan for the expenditure of funds for their respective National 
Guard and Reserve components. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Army’’, $162,958,000, to remain available until 
September 30, 2009. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Navy’’, $366,110,000, to remain available until 
September 30, 2009. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Air Force’’, $399,817,000, to remain available until 
September 30, 2009. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Defense-Wide’’, $816,598,000, to remain available 
until September 30, 2009. 
Deadline. 
Assessment. 
Expenditure 
plan. 
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122 STAT. 2403 
PUBLIC LAW 110–252—JUNE 30, 2008 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working Capital Funds’’, 
$1,837,450,000, to remain available for obligation until expended. 
NATIONAL DEFENSE SEALIFT FUND 
For an additional amount for ‘‘National Defense Sealift Fund’’, 
$5,110,000, to remain available for obligation until expended. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Program’’, 
$1,413,864,000, of which $957,064,000 shall be for operation and 
maintenance; of which $91,900,000 is for procurement, to remain 
available until September 30, 2010; of which $364,900,000 shall 
be for research, development, test and evaluation, to remain avail-
able until September 30, 2009: Provided, That in addition to 
amounts otherwise contained in this paragraph, $75,000,000 is 
hereby appropriated to the ‘‘Defense Health Program’’ for operation 
and maintenance for psychological health and traumatic brain 
injury, to remain available until September 30, 2009. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Drug Interdiction and Counter- 
Drug Activities, Defense’’, $65,317,000, to remain available until 
September 30, 2009. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for ‘‘Office of the Inspector General’’, 
$6,394,000, of which $2,000,000 shall be for research, development, 
test and evaluation, to remain available until September 30, 2009. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 9101. Appropriations provided in this chapter are available 
for obligation until September 30, 2008, unless otherwise provided 
in this chapter. 
SEC. 9102. Notwithstanding any other provision of law, funds 
made available in this chapter are in addition to amounts appro-
priated or otherwise made available for the Department of Defense 
for fiscal year 2008. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9103. Upon the determination of the Secretary of Defense 
that such action is necessary in the national interest, the Secretary 
may transfer between appropriations up to $2,500,000,000 of the 
funds made available to the Department of Defense in this chapter: 
Provided, That the Secretary shall notify the Congress promptly 
of each transfer made pursuant to the authority in this section: 
Notification. 
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122 STAT. 2404 
PUBLIC LAW 110–252—JUNE 30, 2008 
Provided further, That the authority provided in this section is 
in addition to any other transfer authority available to the Depart-
ment of Defense and is subject to the same terms and conditions 
as the authority provided in section 8005 of Public Law 110– 
116, except for the fourth proviso. 
SEC. 9104. (a) From funds made available for operation and 
maintenance in this chapter to the Department of Defense, not 
to exceed $1,226,841,000 may be used, notwithstanding any other 
provision of law, to fund the Commander’s Emergency Response 
Program, for the purpose of enabling military commanders in Iraq, 
Afghanistan, and the Philippines to respond to urgent humanitarian 
relief and reconstruction requirements within their areas of respon-
sibility by carrying out programs that will immediately assist the 
Iraqi, Afghan, and Filipino people. 
(b) Not later than 15 days after the end of each fiscal year 
quarter, the Secretary of Defense shall submit to the congressional 
defense committees a report regarding the source of funds and 
the allocation and use of funds during that quarter that were 
made available pursuant to the authority provided in this section 
or under any other provision of law for the purposes of the programs 
under subsection (a). 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9105. During fiscal year 2008, the Secretary of Defense 
may transfer not to exceed $6,500,000 of the amounts in or credited 
to the Defense Cooperation Account, pursuant to 10 U.S.C. 2608, 
to such appropriations or funds of the Department of Defense as 
the Secretary shall determine for use consistent with the purposes 
for which such funds were contributed and accepted: Provided, 
That such amounts shall be available for the same time period 
as the appropriation to which transferred: Provided further, That 
the Secretary shall report to the Congress all transfers made pursu-
ant to this authority. 
SEC. 9106. Of the amount appropriated by this chapter under 
the heading ‘‘Drug Interdiction and Counter-Drug Activities, 
Defense’’, not to exceed $20,000,000 may be used for the provision 
of support for counter-drug activities of the Governments of Afghani-
stan, 
Kazakhstan, 
Kyrgyzstan, 
Pakistan, 
Tajikistan, 
and 
Turkmenistan, as specified in section 1033 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105–85, as 
amended by Public Laws 106–398, 108–136, 109–364, and 110– 
181): Provided, That such support shall be in addition to support 
provided under any other provision of the law. 
SEC. 9107. Amounts provided in this chapter for operations 
in Iraq and Afghanistan may be used by the Department of Defense 
for the purchase of up to 20 heavy and light armored vehicles 
for force protection purposes, notwithstanding price or other limita-
tions specified elsewhere in the Department of Defense Appropria-
tions Act, 2008 (Public Law 110–116), or any other provision of 
law: Provided, That notwithstanding any other provision of law, 
funds provided in Public Law 110–116 and Public Law 110–161 
under the heading ‘‘Other Procurement, Navy’’ may be used for 
the purchase of 21 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to passenger 
vehicles but not to exceed $255,000 per vehicle: Provided further, 
That the Secretary of Defense shall submit a report in writing 
no later than 30 days after the end of each fiscal quarter notifying 
Reports. 
Deadlines. 
Reports. 
Deadlines. 
Reports. 
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122 STAT. 2405 
PUBLIC LAW 110–252—JUNE 30, 2008 
the congressional defense committees of any purchase described 
in this section, including cost, purposes, and quantities of vehicles 
purchased. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9108. Section 8122(c) of Public Law 110–116 is amended 
by adding at the end the following: 
‘‘(4) Upon a determination that all or part of the funds 
transferred under paragraph (1) are not necessary to accomplish 
the purposes specified in subsection (b), such amounts may 
be transferred back to the ‘Mine Resistant Ambush Protected 
Vehicle Fund’.’’. 
SEC. 9109. Notwithstanding any other provision of law, not 
to exceed $150,000,000 of funds made available in this chapter 
may be obligated to conduct or support a program to build the 
capacity of a foreign country’s national military forces in order 
for that country to conduct counterterrorist operations or participate 
in or support military and stability operations in which the U.S. 
Armed Forces are a participant: Provided, That funds available 
pursuant to the authority in this section shall be subject to the 
same restrictions, limitations, and reporting requirements as funds 
available pursuant to section 1206 of Public Law 109–163 as 
amended. 
CHAPTER 2 
DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL 
YEAR 2009 
DEPARTMENT OF DEFENSE—MILITARY 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, Army’’, 
$839,000,000. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, Navy’’, 
$75,000,000. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, Marine 
Corps’’, $55,000,000. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, Air Force’’, 
$75,000,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Personnel, 
Army’’, $150,000,000. 
121 Stat. 1341. 
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122 STAT. 2406 
PUBLIC LAW 110–252—JUNE 30, 2008 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Maintenance, 
Army’’, $37,300,000,000. 
OPERATION AND MAINTENANCE, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Operation and Maintenance, 
Navy’’, $3,500,000,000: Provided, That up to $112,000,000 shall 
be transferred to the Coast Guard ‘‘Operating Expenses’’ account. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Maintenance, 
Marine Corps’’, $2,900,000,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force’’, $5,000,000,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, $2,648,569,000, of which not to exceed $200,000,000, 
to remain available until expended, may be used for payments 
to reimburse key cooperating nations, for logistical, military, and 
other support provided to United States military operations, not-
withstanding any other provision of law: Provided, That these funds 
may be used for the purpose of providing specialized training and 
procuring supplies and specialized equipment and providing such 
supplies and loaning such equipment on a non-reimbursable basis 
to coalition forces supporting United States military operations 
in Iraq and Afghanistan: Provided further, That such payments 
may be made in such amounts as the Secretary of Defense, with 
the concurrence of the Secretary of State, and in consultation with 
the Director of the Office of Management and Budget, may deter-
mine, in his discretion, based on documentation determined by 
the Secretary of Defense to adequately account for the support 
provided, and such determination is final and conclusive upon the 
accounting officers of the United States, and 15 days following 
notification to the appropriate congressional committees: Provided 
further, That the Secretary of Defense shall provide quarterly 
reports to the congressional defense committees on the use of funds 
provided in this paragraph. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Army Reserve’’, $79,291,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Navy Reserve’’, $42,490,000. 
Reports. 
Deadlines. 
Deadline. 
Notification. 
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122 STAT. 2407 
PUBLIC LAW 110–252—JUNE 30, 2008 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Marine Corps Reserve’’, $47,076,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force Reserve’’, $12,376,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Army National Guard’’, $333,540,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Air National Guard’’, $52,667,000. 
AFGHANISTAN SECURITY FORCES FUND 
For an additional amount for the ‘‘Afghanistan Security Forces 
Fund’’, $2,000,000,000, to remain available until September 30, 
2009. 
IRAQ SECURITY FORCES FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Iraq Security Forces Fund’’, $1,000,000,000, to remain 
available until September 30, 2009: Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding 
any other provision of law, for the purpose of allowing the Com-
mander, Multi-National Security Transition Command—Iraq, or the 
Secretary’s designee, to provide assistance, with the concurrence 
of the Secretary of State, to the security forces of Iraq, including 
the provision of equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction, and funding: 
Provided further, That none of the assistance provided under this 
heading in the form of funds may be utilized for the provision 
of salaries, wages, or bonuses to personnel of the Iraqi Security 
Forces: Provided further, That the authority to provide assistance 
under this heading is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That the Secretary 
of Defense may transfer such funds to appropriations for military 
personnel; operation and maintenance; Overseas Humanitarian, 
Disaster, and Civic Aid; procurement; research, development, test 
and evaluation; and defense working capital funds to accomplish 
the purposes provided herein: Provided further, That this transfer 
authority is in addition to any other transfer authority available 
to the Department of Defense: Provided further, That upon a deter-
mination that all or part of the funds so transferred from this 
appropriation are not necessary for the purposes provided herein, 
such amounts may be transferred back to this appropriation: Pro-
vided further, That contributions of funds for the purposes provided 
herein from any person, foreign government, or international 
organization may be credited to this Fund, and used for such 
purposes: Provided further, That the Secretary shall notify the 
Notification. 
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122 STAT. 2408 
PUBLIC LAW 110–252—JUNE 30, 2008 
congressional defense committees in writing upon the receipt and 
upon the transfer of any contribution delineating the sources and 
amounts of the funds received and the specific use of such contribu-
tions: Provided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers from this appropria-
tion account, notify the congressional defense committees in writing 
of the details of any such transfer: Provided further, That the 
Secretary shall submit a report no later than 30 days after the 
end of each fiscal quarter to the congressional defense committees 
summarizing the details of the transfer of funds from this appropria-
tion. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, Army’’, 
$84,000,000, to remain available for obligation until September 
30, 2011. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For an additional amount for ‘‘Procurement of Weapons and 
Tracked Combat Vehicles, Army’’, $822,674,000, to remain available 
for obligation until September 30, 2011. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Ammunition, 
Army’’, $46,500,000, to remain available for obligation until Sep-
tember 30, 2011. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, Army’’, 
$1,009,050,000, to remain available for obligation until September 
30, 2011. 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, Navy’’, 
$27,948,000, to remain available for obligation until September 
30, 2011. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine Corps’’, 
$565,425,000, to remain available for obligation until September 
30, 2011. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, Air Force’’, 
$201,842,000, to remain available for obligation until September 
30, 2011. 
Reports. 
Deadlines. 
Deadline. 
Notification. 
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122 STAT. 2409 
PUBLIC LAW 110–252—JUNE 30, 2008 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, Air Force’’, 
$1,500,644,000, to remain available for obligation until September 
30, 2011. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, Defense-Wide’’, 
$177,237,000, to remain available for obligation until September 
30, 2011. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Navy’’, $113,228,000, to remain available until 
September 30, 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Air Force’’, $72,041,000, to remain available until 
September 30, 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Defense-Wide’’, $202,559,000, to remain available 
until September 30, 2010. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Program’’, 
$1,100,000,000 for operation and maintenance. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Drug Interdiction and Counter- 
Drug Activities, Defense’’, $188,000,000. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Joint Improvised Explosive 
Device Defeat Fund’’, $2,000,000,000, to remain available until Sep-
tember 30, 2011: Provided, That such funds shall be available 
to the Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Director of the Joint Impro-
vised Explosive Device Defeat Organization to investigate, develop 
and provide equipment, supplies, services, training, facilities, per-
sonnel and funds to assist United States forces in the defeat of 
improvised explosive devices: Provided further, That within 60 days 
Deadline. 
Plans. 
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122 STAT. 2410 
PUBLIC LAW 110–252—JUNE 30, 2008 
of the enactment of this Act, a plan for the intended management 
and use of the amounts provided under this heading shall be 
submitted to the congressional defense committees: Provided fur-
ther, That the Secretary of Defense shall submit a report not later 
than 60 days after the end of each fiscal quarter to the congressional 
defense committees providing assessments of the evolving threats, 
individual service requirements to counter the threats, the current 
strategy for predeployment training of members of the Armed Forces 
on improvised explosive devices, and details on the execution of 
the Fund: Provided further, That the Secretary of Defense may 
transfer funds provided herein to appropriations for operation and 
maintenance; procurement; research, development, test and evalua-
tion; and defense working capital funds to accomplish the purpose 
provided herein: Provided further, That this transfer authority is 
in addition to any other transfer authority available to the Depart-
ment of Defense: Provided further, That the Secretary of Defense 
shall, not fewer than 15 days prior to making transfers from this 
appropriation, notify the congressional defense committees in 
writing of the details of any such transfer. 
GENERAL PROVISIONS—THIS CHAPTER 
SEC. 9201. Appropriations provided in this chapter are not 
available for obligation until October 1, 2008. 
SEC. 9202. Appropriations provided in this chapter are available 
for obligation until September 30, 2009, unless otherwise provided 
in this chapter. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9203. Upon the determination of the Secretary of Defense 
that such action is necessary in the national interest, the Secretary 
may transfer between appropriations up to $4,000,000,000 of the 
funds made available to the Department of Defense in this chapter: 
Provided, That the Secretary shall notify the Congress promptly 
of each transfer made pursuant to the authority in this section: 
Provided further, That the authority provided in this section is 
in addition to any other transfer authority available to the Depart-
ment of Defense and is subject to the same terms and conditions 
as the authority provided in section 8005 of Public Law 110– 
116, except for the fourth proviso. 
SEC. 9204. (a) Not later than December 5, 2008 and every 
90 days thereafter through the end of fiscal year 2009, the Secretary 
of Defense shall set forth in a report to Congress a comprehensive 
set of performance indicators and measures for progress toward 
military and political stability in Iraq. 
(b) The report shall include performance standards and goals 
for security, economic, and security force training objectives in 
Iraq together with a notional timetable for achieving these goals. 
(c) In specific, the report requires, at a minimum, the following: 
(1) With respect to stability and security in Iraq, the fol-
lowing: 
(A) Key measures of political stability, including the 
important political milestones that must be achieved over 
the next several years. 
(B) The primary indicators of a stable security environ-
ment in Iraq, such as number of engagements per day, 
numbers of trained Iraqi forces, trends relating to numbers 
Deadlines. 
Reports. 
Notification. 
Deadline. 
Notification. 
Reports. 
Deadlines. 
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122 STAT. 2411 
PUBLIC LAW 110–252—JUNE 30, 2008 
and types of ethnic and religious-based hostile encounters, 
and progress made in the transition of responsibility for 
the security of Iraqi provinces to the Iraqi Security Forces 
under the Provincial Iraqi Control (PIC) process. 
(C) An assessment of the estimated strength of the 
insurgency in Iraq and the extent to which it is composed 
of non-Iraqi fighters. 
(D) A description of all militias operating in Iraq, 
including the number, size, equipment strength, military 
effectiveness, sources of support, legal status, and efforts 
to disarm or reintegrate each militia. 
(E) Key indicators of economic activity that should 
be considered the most important for determining the pros-
pects of stability in Iraq, including— 
(i) unemployment levels; 
(ii) electricity, water, and oil production rates; and 
(iii) hunger and poverty levels. 
(F) The most recent annual budget for the Government 
of Iraq, including a description of amounts budgeted for 
support of Iraqi security and police forces and an assess-
ment of how planned funding will impact the training, 
equipping and overall readiness of those forces. 
(G) The criteria the Administration will use to deter-
mine when it is safe to begin withdrawing United States 
forces from Iraq. 
(2) With respect to the training and performance of security 
forces in Iraq, the following: 
(A) The training provided Iraqi military and other 
Ministry of Defense forces and the equipment used by 
such forces. 
(B) Key criteria for assessing the capabilities and readi-
ness of the Iraqi military and other Ministry of Defense 
forces, goals for achieving certain capability and readiness 
levels (as well as for recruiting, training, and equipping 
these forces), and the milestones and notional timetable 
for achieving these goals. 
(C) The operational readiness status of the Iraqi mili-
tary forces, including the type, number, size, and organiza-
tional structure of Iraq battalions that are— 
(i) capable of conducting counterinsurgency oper-
ations independently without any support from Coali-
tion Forces; 
(ii) capable of conducting counterinsurgency oper-
ations with the support of United States or coalition 
forces; or 
(iii) not ready to conduct counterinsurgency oper-
ations. 
(D) The amount and type of support provided by Coali-
tion Forces to the Iraqi Security Forces at each level of 
operational readiness. 
(E) The number of Iraqi battalions in the Iraqi Army 
currently conducting operations and the type of operations 
being conducted. 
(F) The rates of absenteeism in the Iraqi military forces 
and the extent to which insurgents have infiltrated such 
forces. 
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122 STAT. 2412 
PUBLIC LAW 110–252—JUNE 30, 2008 
(G) The training provided Iraqi police and other Min-
istry of Interior forces and the equipment used by such 
forces. 
(H) The level and effectiveness of the Iraqi Security 
Forces under the Ministry of Defense in provinces where 
the United States has formally transferred responsibility 
for the security of the province to the Iraqi Security Forces 
under the Provincial Iraqi Control (PIC) process. 
(I) Key criteria for assessing the capabilities and readi-
ness of the Iraqi police and other Ministry of Interior 
forces, goals for achieving certain capability and readiness 
levels (as well as for recruiting, training, and equipping), 
and the milestones and notional timetable for achieving 
these goals, including— 
(i) the number of police recruits that have received 
classroom training and the duration of such instruc-
tion; 
(ii) the number of veteran police officers who have 
received classroom instruction and the duration of such 
instruction; 
(iii) the number of police candidates screened by 
the Iraqi Police Screening Service, the number of can-
didates derived from other entry procedures, and the 
success rates of those groups of candidates; 
(iv) the number of Iraqi police forces who have 
received field training by international police trainers 
and the duration of such instruction; 
(v) attrition rates and measures of absenteeism 
and infiltration by insurgents; and 
(vi) the level and effectiveness of the Iraqi Police 
and other Ministry of Interior Forces in provinces 
where the United States has formally transferred 
responsibility for the security of the province to the 
Iraqi Security Forces under the Provincial Iraqi Control 
(PIC) process. 
(J) The estimated total number of Iraqi battalions 
needed for the Iraqi security forces to perform duties now 
being undertaken by coalition forces, including defending 
the borders of Iraq and providing adequate levels of law 
and order throughout Iraq. 
(K) The effectiveness of the Iraqi military and police 
officer cadres and the chain of command. 
(L) The number of United States and coalition advisors 
needed to support the Iraqi security forces and associated 
ministries. 
(M) An assessment, in a classified annex if necessary, 
of United States military requirements, including planned 
force rotations, through the end of calendar year 2009. 
SEC. 9205. (a) REPORT BY SECRETARY OF DEFENSE.—Not later 
than 30 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congressional defense 
committees a report that contains individual transition readiness 
assessments by unit of Iraq and Afghan security forces. The Sec-
retary of Defense shall submit to the congressional defense commit-
tees updates of the report required by this subsection every 90 
days after the date of the submission of the report until October 
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122 STAT. 2413 
PUBLIC LAW 110–252—JUNE 30, 2008 
1, 2009. The report and updates of the report required by this 
subsection shall be submitted in classified form. 
(b) REPORT BY OMB.— 
(1) The Director of the Office of Management and Budget, 
in consultation with the Secretary of Defense; the Commander, 
Multi-National Security Transition Command—Iraq; and the 
Commander, 
Combined 
Security 
Transition 
Command— 
Afghanistan, shall submit to the congressional defense commit-
tees not later than 120 days after the date of the enactment 
of this Act and every 90 days thereafter a report on the proposed 
use of all funds under each of the headings ‘‘Iraq Security 
Forces Fund’’ and ‘‘Afghanistan Security Forces Fund’’ on a 
project-by-project basis, for which the obligation of funds is 
anticipated during the 3-month period from such date, including 
estimates by the commanders referred to in this paragraph 
of the costs required to complete each such project. 
(2) The report required by this subsection shall include 
the following: 
(A) The use of all funds on a project-by-project basis 
for which funds appropriated under the headings referred 
to in paragraph (1) were obligated prior to the submission 
of the report, including estimates by the commanders 
referred to in paragraph (1) of the costs to complete each 
project. 
(B) The use of all funds on a project-by-project basis 
for which funds were appropriated under the headings 
referred to in paragraph (1) in prior appropriations Acts, 
or for which funds were made available by transfer, re-
programming, or allocation from other headings in prior 
appropriations Acts, including estimates by the com-
manders referred to in paragraph (1) of the costs to com-
plete each project. 
(C) An estimated total cost to train and equip the 
Iraq and Afghan security forces, disaggregated by major 
program and sub-elements by force, arrayed by fiscal year. 
(c) NOTIFICATION.—The Secretary of Defense shall notify the 
congressional defense committees of any proposed new projects or 
transfers of funds between sub-activity groups in excess of 
$15,000,000 using funds appropriated by this Act under the 
headings ‘‘Iraq Security Forces Fund’’ and ‘‘Afghanistan Security 
Forces Fund’’. 
SEC. 9206. Funds available to the Department of Defense for 
operation and maintenance provided in this chapter may be used, 
notwithstanding any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and other 
logistical support to coalition forces supporting military and stability 
operations in Iraq and Afghanistan: Provided, That the Secretary 
of Defense shall provide quarterly reports to the congressional 
defense committees regarding support provided under this section. 
SEC. 9207. Supervision and administration costs associated with 
a construction project funded with appropriations available for oper-
ation and maintenance, ‘‘Afghanistan Security Forces Fund’’ or 
‘‘Iraq Security Forces Fund’’ provided in this chapter, and executed 
in direct support of the Global War on Terrorism only in Iraq 
and Afghanistan, may be obligated at the time a construction con-
tract is awarded: Provided, That for the purpose of this section, 
Reports. 
Deadlines. 
Classified 
information. 
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122 STAT. 2414 
PUBLIC LAW 110–252—JUNE 30, 2008 
supervision and administration costs include all in-house Govern-
ment costs. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9208. (a) Notwithstanding any other provision of law, 
and in addition to amounts otherwise made available by this Act, 
there is appropriated $1,700,000,000 for the ‘‘Mine Resistant 
Ambush Protected Vehicle Fund’’, to remain available until Sep-
tember 30, 2009. 
(b) The funds provided by subsection (a) shall be available 
to the Secretary of Defense to continue technological research and 
development and upgrades, to procure Mine Resistant Ambush 
Protected vehicles and associated support equipment, and to sus-
tain, transport, and field Mine Resistant Ambush Protected vehicles. 
(c)(1) The Secretary of Defense shall transfer funds provided 
by subsection (a) to appropriations for operation and maintenance; 
procurement; and research, development, test and evaluation to 
accomplish the purposes specified in subsection (b). Such transferred 
funds shall be merged with and be available for the same purposes 
and for the same time period as the appropriation to which they 
are transferred. 
(2) The transfer authority provided by this subsection shall 
be in addition to any other transfer authority available to the 
Department of Defense. 
(3) The Secretary of Defense shall, not less than 15 days prior 
to making any transfer under this subsection, notify the congres-
sional defense committees in writing of the details of the transfer. 
SEC. 9209. For the purposes of this Act, the term ‘‘congressional 
defense committees’’ means the Armed Services Committee of the 
House of Representatives, the Armed Services Committee of the 
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives. 
CHAPTER 3 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9301. Each amount in this title is designated as an emer-
gency requirement and necessary to meet emergency needs pursu-
ant to subsections (a) and (b) of section 204 of S. Con. Res. 21 
(110th Congress), the concurrent resolution on the budget for fiscal 
year 2008. 
SEC. 9302. Funds appropriated by this title, or made available 
by the transfer of funds in this title, for intelligence activities 
are deemed to be specifically authorized by the Congress for pur-
poses of section 504(a)(1) of the National Security Act of 1947 
(50 U.S.C. 414(a)(1)). 
SEC. 9303. None of the funds made available in this Act may 
be used in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States Code; 
(2) Section 2242 of the Foreign Affairs Reform and Restruc-
turing Act of 1998 (division G of Public Law 105–277; 112 
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed 
Deadline. 
Notification. 
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122 STAT. 2415 
PUBLIC LAW 110–252—JUNE 30, 2008 
thereto, including regulations under part 208 of title 8, Code 
of Federal Regulations, and part 95 of title 22, Code of Federal 
Regulations; and 
(3) Sections 1002 and 1003 of the Department of Defense, 
Emergency Supplemental Appropriations to Address Hurri-
canes in the Gulf of Mexico, and Pandemic Influenza Act, 
2006 (Public Law 109–148). 
SEC. 9304. (a) REPORT REQUIRED.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary of Defense, 
the Secretary of State, and the Secretary of Homeland Security, 
in coordination with the Chairman of the Joint Chiefs of Staff 
and the Director of National Intelligence, shall jointly submit to 
Congress a report setting forth the global strategy of the United 
States to combat and defeat al Qaeda and its affiliates. 
(b) ELEMENTS
OF STRATEGY.—The strategy set forth in the 
report required under subsection (a) shall include the following 
elements: 
(1) An analysis of the global threat posed by al Qaeda 
and its affiliates, including an assessment of the relative threat 
posed in particular regions or countries. 
(2) Recommendations regarding the distribution and 
deployment of United States military, intelligence, diplomatic, 
and other assets to meet the relative regional and country- 
specific threats described in paragraph (1). 
(3) Recommendations to ensure that the global deployment 
of United States military personnel and equipment best meet 
the threat identified and described in paragraph (1) and: 
(A) does not undermine the military readiness or home-
land security of the United States; 
(B) ensures adequate time between military deploy-
ments for rest and training; and 
(C) does not require further extensions of military 
deployments to the extent practicable. 
(c) CLASSIFIED ANNEX.—The report required by subsection (a) 
shall be submitted in unclassified form, but shall include a classified 
annex. 
SEC. 9305. None of the funds provided in this title may be 
used to finance programs or activities denied by Congress in fiscal 
years 2007 or 2008 appropriations to the Department of Defense 
or to initiate a procurement or research, development, test and 
evaluation new start program without prior written notification 
to the congressional defense committees. 
SEC. 9306. Section 1002(c)(2) of the National Defense Authoriza-
tion Act, Fiscal Year 2008 (Public Law 110–181) is amended by 
striking ‘‘$362,159,000’’ and inserting ‘‘$435,259,000’’. 
SEC. 9307. None of the funds appropriated or otherwise made 
available by this title may be obligated or expended to provide 
award fees to any defense contractor contrary to the provisions 
of section 814 of the National Defense Authorization Act, Fiscal 
Year 2007 (Public Law 109–364). 
(RESCISSIONS) 
SEC. 9308. (a) Of the funds made available for ‘‘Defense Health 
Program’’ in Public Law 110–28, $75,000,000 are rescinded. 
(b) Of the funds made available for ‘‘Joint Improvised Explosive 
Device Defeat Fund’’ in division L of the Consolidated Appropria-
tions Act, 2008 (Public Law 110–161), $71,531,000 are rescinded. 
Ante, p. 300. 
Notification. 
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122 STAT. 2416 
PUBLIC LAW 110–252—JUNE 30, 2008 
LEGISLATIVE HISTORY—H.R. 2642 (S. 1645) (S. 2363): 
HOUSE REPORTS: No. 110–186 (Comm. on Appropriations). 
SENATE REPORTS: No. 110–185 accompanying S. 1645 (Comm. on Appropriations). 
CONGRESSIONAL RECORD: 
Vol. 153 (2007): June 15, considered and passed House. 
Sept. 4–6, considered and passed Senate, amended. 
Vol. 154 (2008): May 15, House concurred in Senate amendment with 
amendments. 
May 20, 22, Senate considered and concurred in House 
amendments with amendments. 
June 19, House concurred in certain Senate amendment and 
in another with an amendment. 
June 26, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 
June 30, Presidential remarks. 
SEC. 9309. Of the funds appropriated in the U.S. Troop Readi-
ness, Veterans’ Care, Katrina Recovery, and Iraq Accountability 
Appropriations Act, 2007 (Public Law 110–28) which remain avail-
able for obligation under the ‘‘Iraq Freedom Fund’’, $150,000,000 
is only for the Joint Rapid Acquisition Cell, and $10,000,000 is 
only for the transportation of fallen service members. 
SEC. 9310. None of the funds available to the Department 
of Defense may be obligated or expended to implement any final 
action on joint basing initiatives required under the 2005 round 
of defense base closure and realignment under the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX of 
Public Law 101–510; 10 U.S.C. 2687 note) until each affected Sec-
retary of a military department or the head of each affected Federal 
agency certifies to the congressional defense committees that joint 
basing at the affected military installation will result in significant 
costs savings and will not negatively impact the morale of members 
of the Armed Forces. 
SEC. 9311. Funds available in this title which are available 
to the Department of Defense for operation and maintenance may 
be used to purchase items having an investment unit cost of not 
more than $250,000: Provided, That upon determination by the 
Secretary of Defense that such action is necessary to meet the 
operational requirements of a Commander of a Combatant Com-
mand engaged in contingency operations overseas, such funds may 
be used to purchase items having an investment item unit cost 
of not more than $500,000. 
Approved June 30, 2008. 
Certification. 
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