[House Report 110-720]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-720
======================================================================
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENTS TO THE HOUSE
AMENDMENTS TO THE SENATE AMENDMENT TO THE BILL (H.R. 2642) 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
_______
June 19, 2008.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Slaughter, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1284]
The Committee on Rules, having had under consideration
House Resolution 1284, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of the Senate
amendments to the House amendments to the Senate amendment to
the bill (H.R. 2642), the ``Supplemental Appropriations Act,
2008.'' The resolution would make in order a motion offered by
the chairman of the Committee on Appropriations that the House
(1) concur in the Senate amendment to the House amendment
numbered 1 and (2) concur in the Senate amendment to the House
amendment numbered 2 with the amendment printed in this report.
The rule waives all points of order against the motion
except those arising under clause 10 of rule XXI. The motion
shall be debatable for 1 hour equally divided and controlled by
the chairman and ranking minority member of the Committee on
Appropriations. The Senate amendment and the motion shall be
considered as read. The Chair shall divide the question between
the dispositions of the two Senate amendments.
Notwithstanding the operation of the previous question, the
Chair may postpone consideration of the motion to a time
designated by the Speaker. The rule permits the chairman of the
Committee on Appropriations to insert in the Congressional
Record dated June 19, 2008, such material as he may deem
explanatory of the motion.
The rule provides that it shall be in order to consider a
concurrent resolution providing for the adjournment of the
House and Senate during the month of July.
EXPLANATION OF WAIVERS
The waiver of all points of order against the motion
(except those arising under clause 10 of rule XXI) includes a
waiver of section 306 of the Congressional Budget Act
(prohibiting consideration in the House of measures within the
jurisdiction of the Committee on the Budget unless such
measures have been reported by the Committee on the Budget or
the Committee on the Budget has been discharged from their
consideration).
SUMMARY OF THE HOUSE AMENDMENT MADE IN ORDER UNDER THE RULE
The House amendment to the Senate amendment to the House
amendment numbered 2 provides that, in lieu of the matter
proposed to be inserted by the Senate, language be inserted
providing supplemental appropriations for military
construction, international affairs, disaster assistance, and
other security-related and domestic needs, as well as language
providing for accountability in contracting, improved veterans
education benefits, temporary extended unemployment
compensation, and a moratorium on certain Medicaid regulations.
The amendment also strikes lines 1 through 3 on page 60 of the
Senate engrossed amendment of September 6, 2007.
TEXT OF THE HOUSE AMENDMENT MADE IN ORDER UNDER THE RULE
In lieu of the matter proposed to be inserted by the Senate
amendment numbered 2 to the House amendment numbered 2 to the
Senate amendment to the bill H.R. 2642, insert the following:
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2008, and for other purposes, namely:
TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL
AFFAIRS, AND OTHER SECURITY-RELATED MATTERS
CHAPTER 1--AGRICULTURE
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
public law 480 title ii grants
For an additional amount for ``Public Law 480 Title II
Grants'', $850,000,000, to remain available until expended.
For an additional amount for ``Public Law 480 Title II
Grants'', $395,000,000, to become available on October 1, 2008,
and to remain available until expended.
CHAPTER 2--JUSTICE
DEPARTMENT OF JUSTICE
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$4,000,000, to remain available until September 30, 2009.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General
Legal Activities'', $1,648,000, to remain available until
September 30, 2009.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses, United
States Attorneys'', $5,000,000, to remain available until
September 30, 2009.
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$28,621,000, to remain available until September 30, 2009.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$106,122,000, to remain available until September 30, 2009.
For an additional amount for ``Salaries and Expenses'',
$82,600,000, to become available on October 1, 2008, and to
remain available until September 30, 2009.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$29,861,000, to remain available until September 30, 2009.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$4,000,000, to remain available until September 30, 2009.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$9,100,000, to remain available until September 30, 2009.
GENERAL PROVISION, THIS CHAPTER
Sec. 1201. Funds appropriated by this chapter, or made
available by the transfer of funds in this chapter, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
414).
CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $1,108,200,000, of which $921,000,000 shall remain
available until September 30, 2009, and of which $187,200,000
for child development centers and trainee and recruit
facilities (including planning and design) shall remain
available until September 30, 2012: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law:
Provided further, That of the funds provided under this
heading, not to exceed $73,400,000 shall be available for
study, planning, design, and architect and engineer services:
Provided further, That funds provided under this heading for
Iraq shall not be obligated or expended until the Secretary of
Defense certifies to the Committees on Appropriations of both
Houses of Congress that none of the funds are to be used for
the purpose of providing facilities for the permanent basing of
United States military personnel in Iraq.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $355,907,000, of which $295,516,000 shall
remain available until September 30, 2009, and of which
$60,391,000 for child development centers and trainee and
recruit facilities (including planning and design) shall remain
available until September 30, 2012: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law:
Provided further, That of the funds provided under this
heading, not to exceed $15,843,000 shall be available for
study, planning, design, and architect and engineer services.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $399,627,000, of which $361,600,000 shall remain
available until September 30, 2009, and of which $38,027,000
for child development centers (including planning and design)
shall remain available until September 30, 2012: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law:
Provided further, That of the funds provided under this
heading, not to exceed $36,427,000 shall be available for
study, planning, design, and architect and engineer services:
Provided further, That funds provided under this heading for
Iraq shall not be obligated or expended until the Secretary of
Defense certifies to the Committees on Appropriations of both
Houses of Congress that none of the funds are to be used for
the purpose of providing facilities for the permanent basing of
United States military personnel in Iraq.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $890,921,000, of which $27,600,000 shall remain
available until September 30, 2009, and of which $863,321,000
for medical treatment facilities (including planning and
design) shall remain available until September 30, 2012:
Provided, That notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and
design and military construction projects not otherwise
authorized by law.
Family Housing Construction, Navy and Marine Corps
For an additional amount for ``Family Housing Construction,
Navy and Marine Corps'', $11,766,000, to remain available until
September 30, 2009: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects not otherwise authorized by law.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$1,278,886,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, such funds may
be obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law.
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
general operating expenses
For an additional amount for ``General Operating Expenses'',
$100,000,000, to remain available until September 30, 2009.
information technology systems
For an additional amount for ``Information Technology
Systems'', $20,000,000, to remain available until September 30,
2009.
construction, major projects
For an additional amount for ``Construction, Major
Projects'', $396,377,000, to remain available until expended,
which shall be for acceleration and completion of planned major
construction of Level I polytrauma rehabilitation centers as
identified in the Department of Veterans Affairs' Five Year
Capital Plan: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and major medical facility
construction not otherwise authorized by law: Provided further,
That within 30 days of enactment of this Act the Secretary
shall submit to the Committees on Appropriations of both Houses
of Congress an expenditure plan for funds provided under this
heading.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1301. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction,
Army'', there is hereby appropriated an additional
$200,000,000, to remain available until September 30, 2012, to
accelerate barracks improvements at Department of Army
installations: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and barracks construction not
otherwise authorized by law: Provided further, That within 30
days of enactment of this Act the Secretary of the Army shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for barracks construction prior to
obligation.
Sec. 1302. None of the funds appropriated in this or any
other Act may be used to disestablish, reorganize, or relocate
the Armed Forces Institute of Pathology, except for the Armed
Forces Medical Examiner, until the President has established,
as required by section 722 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 199; 10 U.S.C. 176 note), a Joint Pathology Center.
Sec. 1303. (a) Limitation on Authority.--
(1) In general.--Chapter 53 of title 38, United
States Code, is amended by inserting after section 5302
the following new section:
``Sec. 5302A Collection of indebtedness: certain debts of members of
the Armed Forces and veterans who die of injury
incurred or aggravated in the line of duty in a
combat zone
``(a) Limitation on Authority.--The Secretary may not collect
all or any part of an amount owed to the United States by a
member of the Armed Forces or veteran described in subsection
(b) under any program under the laws administered by the
Secretary, other than a program referred to in subsection (c),
if the Secretary determines that termination of collection is
in the best interest of the United States.
``(b) Covered Individuals.--A member of the Armed Forces or
veteran described in this subsection is any member or veteran
who dies as a result of an injury incurred or aggravated in the
line of duty while serving in a theater of combat operations
(as determined by the Secretary in consultation with the
Secretary of Defense) in a war or in combat against a hostile
force during a period of hostilities (as that term is defined
in section 1712A(a)(2)(B) of this title) after September 11,
2001.
``(c) Inapplicability to Housing and Small Business Benefit
Programs.--The limitation on authority in subsection (a) shall
not apply to any amounts owed the United States under any
program carried out under chapter 37 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by
inserting after the item relating to section 5302 the
following new item:
``5302A. Collection of indebtedness: certain debts of members of the
Armed Forces and veterans who die of injury incurred or
aggravated in the line of duty in a combat zone.''.
(b) Equitable Refund.--In any case where all or any part of
an indebtedness of a covered individual, as described in
section 5302A(a) of title 38, United States Code, as added by
subsection (a)(1), was collected after September 11, 2001, and
before the date of the enactment of this Act, and the Secretary
of Veterans Affairs determines that such indebtedness would
have been terminated had such section been in effect at such
time, the Secretary may refund the amount so collected if the
Secretary determines that the individual is equitably entitled
to such refund.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act, and
shall apply with respect to collections of indebtedness of
members of the Armed Forces and veterans who die on or after
September 11, 2001.
(d) Short Title.--This section may be cited as the ``Combat
Veterans Debt Elimination Act of 2008''.
CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular
Programs'', $1,465,700,000, to remain available until September
30, 2009, of which $210,400,000 is for worldwide security
protection and shall remain available until expended: Provided,
That not more than $1,150,000,000 of the funds appropriated
under this heading shall be available for diplomatic operations
in Iraq: Provided further, That of the funds appropriated under
this heading, not more than $30,000,000 shall be made available
to establish and implement a coordinated civilian response
capacity at the United States Department of State.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $9,500,000, to remain available until September 30,
2009: Provided, That $2,500,000 shall be transferred to the
Special Inspector General for Iraq Reconstruction for
reconstruction oversight, and $2,000,000 shall be transferred
to the Special Inspector General for Afghanistan Reconstruction
for reconstruction oversight.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $76,700,000, to remain
available until expended, for facilities in Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $66,000,000, to remain available
until September 30, 2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $373,708,000, to
remain available until September 30, 2009, of which
$333,600,000 shall be made available for the United Nations-
African Union Hybrid Mission in Darfur.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $2,000,000, to remain available until September
30, 2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $220,000,000, to remain available until expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$150,500,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading,
not more than $25,000,000 shall be made available to establish
and implement a coordinated civilian response capacity at the
United States Agency for International Development.
operating expenses of the united states agency for international
development office of inspector general
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $4,000,000, to remain available until
September 30, 2009.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,882,500,000, to remain available until September 30, 2009,
of which not more than $424,000,000 may be made available for
assistance for Iraq, $175,000,000 shall be made available for
assistance for Jordan to meet the needs of Iraqi refugees, and
up to $53,000,000 may be made available for energy-related
assistance for North Korea, notwithstanding any other provision
of law: Provided, That not more than $171,000,000 of the funds
appropriated under this heading in this subchapter shall be
made available for assistance for the West Bank and Gaza and
none of such funds shall be for cash transfer assistance:
Provided further, That of the funds appropriated under this
heading, $1,000,000 shall be made available for the Office of
the United Nations High Commissioner for Human Rights in
Mexico: Provided further, That the funds made available under
this heading for energy-related assistance for North Korea may
be made available to support the goals of the Six Party Talks
Agreements after the Secretary of State determines and reports
to the Committees on Appropriations that North Korea is
continuing to fulfill its commitments under such agreements.
Department of State
democracy fund
For an additional amount for ``Democracy Fund'',
$76,000,000, to remain available until September 30, 2009, of
which $75,000,000 shall be for democracy programs in Iraq and
$1,000,000 shall be for democracy programs in Chad.
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $390,300,000, to remain
available until September 30, 2009, of which not more than
$25,000,000 shall be made available for security assistance for
the West Bank.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $315,000,000, to remain available until expended.
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $31,000,000, to remain
available until expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $13,700,000, to
remain available until September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $137,500,000, to remain available until September
30, 2009, of which $17,000,000 shall be made available for
assistance for Jordan and up to $116,500,000 may be made
available for assistance for Mexico.
Not more than $1,350,000 of the funds appropriated or
otherwise made available under the heading ``Foreign Military
Financing Program'' by the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161) that were previously
transferred to and merged with ``Diplomatic and Consular
Programs'' may be made available for any purposes authorized
for that account, of which up to $500,000 shall be made
available to increase the capacity of the United States Embassy
in Mexico City to implement section 620J of the Foreign
Assistance Act of 1961: Provided, That funds made available by
this paragraph shall not be subject to Section 8002 of this
Act.
SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
2009
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular
Programs'', $704,900,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009: Provided, That of the funds appropriated under this
heading, $78,400,000 is for worldwide security protection and
shall remain available until expended: Provided further, That
not more than $550,500,000 of the funds appropriated under this
heading shall be available for diplomatic operations in Iraq.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $57,000,000, which shall become available on October
1, 2008, and remain available through September 30, 2009:
Provided, That $36,500,000 shall be transferred to the Special
Inspector General for Iraq Reconstruction for reconstruction
oversight and $5,000,000 shall be transferred to the Special
Inspector General for Afghanistan Reconstruction for
reconstruction oversight.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $41,300,000, which shall
become available on October 1, 2008, and remain available until
expended, for facilities in Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $75,000,000, which shall become
available on October 1, 2008, and remain available through
September 30, 2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $150,500,000, which
shall become available on October 1, 2008, and remain available
through September 30, 2009.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $6,000,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health and child survival
For an additional amount for ``Global Health and Child
Survival'', $75,000,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009, for programs to combat avian influenza.
development assistance
For an additional amount for ``Development Assistance'',
$200,000,000, for assistance for developing countries to
address the international food crisis notwithstanding any other
provision of law, which shall become available on October 1,
2008, and remain available through September 30, 2010:
Provided, That such assistance should be carried out consistent
with the purposes of section 103(a)(1) of the Foreign
Assistance Act of 1961: Provided further, That not more than
$50,000,000 should be made available for local or regional
purchase and distribution of food: Provided further, That the
Secretary of State shall submit to the Committees on
Appropriations not later than 45 days after enactment of this
Act, and prior to the initial obligation of funds appropriated
under this heading, a report on the proposed uses of such funds
to alleviate hunger and malnutrition, including a list of those
countries facing significant food shortages.
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $200,000,000, which shall become available on
October 1, 2008, and remain available until expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$93,000,000, which shall become available on October 1, 2008,
and remain available through September 30, 2009.
operating expenses of the united states agency for international
development office of inspector general
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $1,000,000, which shall become available
on October 1, 2008, and remain available through September 30,
2009.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,124,800,000, which shall become available on October 1,
2008, and remain available through September 30, 2009, of which
not more than $102,500,000 may be made available for assistance
for Iraq, $100,000,000 shall be made available for assistance
for Jordan, not more than $455,000,000 may be made available
for assistance for Afghanistan, not more than $150,000,000 may
be made available for assistance for Pakistan, not more than
$150,000,000 shall be made available for assistance for the
West Bank and Gaza, and $15,000,000 may be made available for
energy-related assistance for North Korea, notwithstanding any
other provision of law.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $199,000,000, which shall become
available on October 1, 2008, and remain available through
September 30, 2009: Provided, That not more than $50,000,000 of
the funds appropriated under this heading shall be made
available for security assistance for the West Bank and up to
$48,000,000 may be made available for assistance for Mexico.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $350,000,000, which shall become available on
October 1, 2008, and remain available until expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $4,500,000, for
humanitarian demining assistance for Iraq, which shall become
available on October 1, 2008, and remain available through
September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $302,500,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009, of which $100,000,000 shall be made available for
assistance for Jordan, and not less than $170,000,000 shall be
available for grants only for Israel and shall be disbursed not
later than November 1, 2008: Provided, That section 3802(c) of
title III, chapter 8 of Public Law 110-28 shall apply to funds
made available under this heading for assistance for Lebanon.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$95,000,000, which shall become available on October 1, 2008,
and remain available through September 30, 2009.
SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER
EXTENSION OF AUTHORITIES
Sec. 1401. Funds appropriated by this chapter may be
obligated and expended notwithstanding section 10 of Public Law
91-672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
IRAQ
Sec. 1402. (a) Asset Transfer Agreement.--
(1) None of the funds appropriated by this chapter
for infrastructure maintenance activities in Iraq may
be made available until the Secretary of State
certifies and reports to the Committees on
Appropriations that the Governments of the United
States and Iraq have entered into, and are
implementing, an asset transfer agreement that includes
commitments by the Government of Iraq to maintain
United States-funded infrastructure in Iraq.
(2) None of the funds appropriated by this chapter
may be made available for the construction of prison
facilities in Iraq.
(b) Anti-Corruption.--Not more than 40 percent of the funds
appropriated by this chapter for rule of law programs in Iraq
may be made available for assistance for the Government of Iraq
until the Secretary of State reports to the Committees on
Appropriations that a comprehensive anti-corruption strategy
has been developed, and is being implemented, by the Government
of Iraq, and the Secretary of State submits a list, in
classified form if necessary, to the Committees on
Appropriations of senior Iraqi officials who the Secretary has
credible evidence to believe have committed corrupt acts.
(c) Provincial Reconstruction Teams.--None of the funds
appropriated by this chapter for the operational or program
expenses of Provincial Reconstruction Teams (PRTs) in Iraq may
be made available until the Secretary of State submits a report
to the Committees on Appropriations detailing--
(1) the strategy for the eventual winding down and
close out of PRTs;
(2) anticipated costs associated with PRT operations,
programs, and eventual winding down and close out,
including security for PRT personnel and anticipated
Government of Iraq contributions; and
(3) anticipated placement and cost estimates of
future United States Consulates in Iraq.
(d) Community Stabilization Program.--Not more than 50
percent of the funds appropriated by this chapter for the
Community Stabilization Program in Iraq may be made available
until the Secretary of State certifies and reports to the
Committees on Appropriations that the United States Agency for
International Development is implementing recommendations
contained in Office of Inspector General Audit Report No. E-
267-08-001-P to ensure accountability of funds.
(e) Matching Requirement.--
(1) Notwithstanding any other provision of law, funds
appropriated by this chapter for assistance for Iraq
shall be made available only to the extent that the
Government of Iraq matches such assistance on a dollar-
for-dollar basis.
(2) Paragraph (1) shall not apply to funds made
available for--
(A) grants and cooperative agreements for
programs to promote democracy and human rights;
(B) the Community Action Program and other
assistance through civil society organizations;
(C) humanitarian demining; or
(D) assistance for refugees, internally
displaced persons, and civilian victims of the
military operations.
(3) The Secretary of State shall certify to the
Committees on Appropriations prior to the initial
obligation of funds pursuant to this section that the
Government of Iraq has committed to obligate matching
funds on a dollar-for-dollar basis. The Secretary shall
submit a report to the Committees on Appropriations not
later than September 30, 2008, and 180 days thereafter,
detailing the amounts of funds obligated and expended
by the Government of Iraq to meet the requirements of
this section.
(4) Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing the amounts
provided by the Government of Iraq since June 30, 2004,
to assist Iraqi refugees in Syria, Jordan, and
elsewhere, and the amount of such assistance the
Government of Iraq plans to provide in fiscal year
2008. The Secretary shall work expeditiously with the
Government of Iraq to establish an account within its
annual budget sufficient to, at a minimum, match United
States contributions on a dollar-for-dollar basis to
organizations and programs for the purpose of assisting
Iraqi refugees.
AFGHANISTAN
Sec. 1403. (a) Assistance for Women and Girls.--Funds
appropriated by this chapter under the heading ``Economic
Support Fund'' that are available for assistance for
Afghanistan shall be made available, to the maximum extent
practicable, through local Afghan provincial and municipal
governments and Afghan civil society organizations and in a
manner that emphasizes the participation of Afghan women and
directly improves the economic, social and political status of
Afghan women and girls.
(b) Higher Education.--Of the funds appropriated by this
chapter under the heading ``Economic Support Fund'' that are
made available for education programs in Afghanistan, not less
than 50 percent shall be made available to support higher
education and vocational training programs in law, accounting,
engineering, public administration, and other disciplines
necessary to rebuild the country, in which the participation of
women is emphasized.
(c) Post-Operations Assistance.--Of the funds appropriated by
this chapter under the heading ``Economic Support Fund'' that
are available for assistance for Afghanistan, not less than
$2,000,000 shall be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund.
(d) Anti-Corruption.--Not later than 90 days after the
enactment of this Act, the Secretary of State shall--
(1) submit a report to the Committees on
Appropriations on actions being taken by the Government
of Afghanistan to combat corruption within the national
and provincial governments, including to remove and
prosecute officials who have committed corrupt acts;
(2) submit a list to the Committees on
Appropriations, in classified form if necessary, of
senior Afghan officials who the Secretary has credible
evidence to believe have committed corrupt acts; and
(3) certify and report to the Committees on
Appropriations that effective mechanisms are in place
to ensure that assistance to national government
ministries and provincial governments will be properly
accounted for.
WEST BANK
Sec. 1404. Not later than 90 days after the date of
enactment of this Act and 180 days thereafter, the Secretary of
State shall submit to the Committees on Appropriations a report
on assistance provided by the United States for the training of
Palestinian security forces, including detailed descriptions of
the training, curriculum, and equipment provided; an assessment
of the training and the performance of forces after training
has been completed; and a description of the assistance that
has been pledged and provided to Palestinian security forces by
other donors: Provided, That not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
report to the Committees on Appropriations, in classified form
if necessary, on the security strategy of the Palestinian
Authority.
WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA
Sec. 1405. (a) Waiver Authority.--
(1) In general.--Except as provided in subsection
(b), the President may waive in whole or in part, with
respect to North Korea, the application of any sanction
contained in subparagraph (A), (B), (D) or (G) under
section 102(b)(2) of the Arms Export Control Act (22
U.S.C. 2799aa-1(b)), for the purpose of providing
assistance related to--
(A) the implementation and verification of
the compliance by North Korea with its
commitment, undertaken in the Joint Statement
of September 19, 2005, to abandon all nuclear
weapons and existing nuclear programs as part
of the verifiable denuclearization of the
Korean Peninsula; and
(B) the elimination of the capability of
North Korea to develop, deploy, transfer, or
maintain weapons of mass destruction and their
delivery systems.
(2) Limitation.--The authority under paragraph (1)
shall expire 5 years after the date of enactment of
this Act.
(b) Exceptions.--
(1) Limited exception related to certain sanctions
and prohibitions.--The authority under subsection (a)
shall not apply with respect to a sanction or
prohibition under subparagraph (B) or (G) of section
102(b)(2) of the Arms Export Control Act, unless the
President determines and certifies to the appropriate
congressional committees that--
(A) all reasonable steps will be taken to
assure that the articles or services exported
or otherwise provided will not be used to
improve the military capabilities of the armed
forces of North Korea; and
(B) such waiver is in the national security
interests of the United States.
(2) Limited exception related to certain
activities.--Unless the President determines and
certifies to the appropriate congressional committees
that using the authority under subsection (a) is vital
to the national security interests of the United
States, such authority shall not apply with respect
to--
(A) an activity described in subparagraph (A)
of section 102(b)(1) of the Arms Export Control
Act that occurs after September 19, 2005, and
before the date of the enactment of this Act;
(B) an activity described in subparagraph (C)
of such section that occurs after September 19,
2005; or
(C) an activity described in subparagraph (D)
of such section that occurs after the date of
enactment of this Act.
(3) Exception related to certain activities occurring
after date of enactment.--The authority under
subsection (a) shall not apply with respect to an
activity described in subparagraph (A) or (B) of
section 102(b)(1) of the Arms Export Control Act that
occurs after the date of the enactment of this Act.
(4) Limited exception related to lethal weapons.--The
authority under subsection (a) shall not apply with
respect to any export of lethal defense articles that
would be prevented by the application of section
102(b)(2) of the Arms Export Control Act.
(c) Notifications and Reports.--
(1) Congressional notification.--The President shall
notify the appropriate congressional committees in
writing not later than 15 days before exercising the
waiver authority under subsection (a).
(2) Annual report.--Not later than January 31, 2009,
and annually thereafter, the President shall submit to
the appropriate congressional committees a report
that--
(A) lists all waivers issued under subsection
(a) during the preceding year;
(B) describes in detail the progress that is
being made in the implementation of the
commitment undertaken by North Korea, in the
Joint Statement of September 19, 2005, to
abandon all nuclear weapons and existing
nuclear programs as part of the verifiable
denuclearization of the Korean Peninsula;
(C) discusses specifically any shortcomings
in the implementation by North Korea of that
commitment; and
(D) lists and describes the progress and
shortcomings, in the preceding year, of all
other programs promoting the elimination of the
capability of North Korea to develop, deploy,
transfer, or maintain weapons of mass
destruction or their delivery systems.
(3) Report on verification measures relating to north
korea's nuclear programs.--
(A) In general.--Not later than 15 days after
the date of enactment of this Act, the
Secretary of State shall submit to the
appropriate congressional committees a report
on verification measures relating to North
Korea's nuclear programs under the Six-Party
Talks Agreement of February 13, 2007, with
specific focus on how such verification
measures are defined under the Six-Party Talks
Agreement and understood by the United States
Government.
(B) Matters to be included.--The report
required under subsection (A) shall include,
among other elements, a description of--
(i) how the United States will
confirm that North Korea has ``provided
a complete and correct declaration of
all of its nuclear programs'';
(ii) how the United States will
maintain a high and ongoing level of
confidence that North Korea has fully
met the terms of the Six-Party Talks
Agreement relating to its nuclear
programs;
(iii) any diplomatic agreement with
North Korea regarding verification
measures relating to North Korea's
nuclear programs under the Six-Party
Talks Agreement (other than
implementing arrangements made during
on-site operations); and
(iv) any significant and continuing
disagreement with North Korea regarding
verification measures relating to North
Korea's nuclear programs under the Six-
Party Talks Agreement.
(C) Form.--The report required under
subsection (A) shall be submitted in
unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committees on Appropriations, Armed Services,
and Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services,
and Foreign Affairs of the House of Representatives.
MEXICO
Sec. 1406. (a) Assistance for Mexico.--Of the funds
appropriated under the headings ``International Narcotics
Control and Law Enforcement'', ``Foreign Military Financing
Program'', and ``Economic Support Fund'' in this chapter, not
more than $352,000,000 of the funds appropriated in subchapter
A and $48,000,000 of the funds appropriated in subchapter B may
be made available for assistance for Mexico, only to combat
drug trafficking and related violence and organized crime, and
for judicial reform, institution building, anti-corruption, and
rule of law activities, of which not less than $73,500,000
shall be used for judicial reform, institution building, anti-
corruption, and rule of law activities: Provided, That none of
the funds made available under this section shall be made
available for budget support or as cash payments: Provided
further, That not more than 45 days after enactment of this
Act, and after consulting with relevant Mexican Government
authorities, the Secretary of State shall report in writing to
the Committees on Appropriations on the procedures in place to
implement section 620J of the Foreign Assistance Act of 1961.
(b) Allocation of Funds.--Fifteen percent of the funds made
available in this chapter for assistance for Mexico under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' may
not be obligated until the Secretary of State reports in
writing to the Committees on Appropriations that the Government
of Mexico is--
(1) improving the transparency and accountability of
federal police forces and working with state and
municipal authorities to improve the transparency and
accountability of state and municipal police forces
through mechanisms including establishing police
complaints commissions with authority and independence
to receive complaints and carry out effective
investigations;
(2) establishing a mechanism for regular
consultations among relevant Mexican Government
authorities, Mexican human rights organizations and
other relevant Mexican civil society organizations, to
make recommendations concerning implementation of the
Merida Initiative in accordance with Mexican and
international law;
(3) ensuring that civilian prosecutors and judicial
authorities are investigating and prosecuting, in
accordance with Mexican and international law, members
of the federal police and military forces who have been
credibly alleged to have committed violations of human
rights, and the federal police and military forces are
fully cooperating with the investigations; and
(4) enforcing the prohibition, in accordance with
Mexican and international law, on the use of testimony
obtained through torture or other ill-treatment.
(c) Exception.--Notwithstanding subsection (b), of the funds
appropriated by subchapter A for assistance for Mexico under
the heading ``International Narcotics Control and Law
Enforcement'', $3,000,000 shall be made available for technical
and other assistance to enable the Government of Mexico to
implement a unified national registry of federal, state, and
municipal police officers.
(d) Report.--The report required in subsection (b) shall
include a description of actions taken with respect to each
requirement and the cases or issues brought to the attention of
the Secretary of State for which the response or action taken
has been inadequate.
(e) Notification.--Funds made available for Mexico by this
chapter shall be subject to the regular notification procedures
of the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
(f) Spending Plan.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a detailed spending plan
for funds appropriated or otherwise made available for Mexico
by this chapter, which shall include a strategy, developed
after consulting with relevant Mexican Government authorities,
for combating drug trafficking and related violence and
organized crime, judicial reform, institution building, anti-
corruption, and rule of law activities, with concrete goals,
actions to be taken, budget proposals, and anticipated results.
CENTRAL AMERICA
Sec. 1407. (a) Assistance for the Countries of Central
America.--Of the funds appropriated in subchapter A under the
headings ``International Narcotics Control and Law
Enforcement'', ``Foreign Military Financing Program'',
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'', and ``Economic Support Fund'', $65,000,000 may be
made available for assistance for the countries of Central
America, Haiti, and the Dominican Republic only to combat drug
trafficking and related violence and organized crime, and for
judicial reform, institution building, anti-corruption, rule of
law activities, and maritime security: Provided, That of the
funds appropriated under the heading ``Economic Support Fund'',
$25,000,000 shall be made available for an Economic and Social
Development Fund for Central America, of which $20,000,000
shall be made available through the United States Agency for
International Development and $5,000,000 shall be made
available through the Department of State for educational
exchange programs: Provided further, That of the funds
appropriated in subchapter A under the heading ``International
Narcotics Control and Law Enforcement'', $2,500,000 shall be
made available for assistance for Haiti, $2,500,000 shall be
made available for assistance for the Dominican Republic, and
$1,000,000 shall be made available for a United States
contribution to the International Commission Against Impunity
in Guatemala: Provided further, That none of the funds shall be
made available for budget support or as cash payments: Provided
further, That not more than 45 days after enactment of this
Act, the Secretary of State shall report in writing to the
Committees on Appropriations on the procedures in place to
implement section 620J of the Foreign Assistance Act of 1961.
(b) Allocation of Funds.--Fifteen percent of the funds made
available by this chapter for assistance for the countries of
Central America, Haiti and the Dominican Republic under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' may
not be obligated until the Secretary of State reports in
writing to the Committees on Appropriations that the government
of such country is--
(1) establishing police complaints commissions with
authority and independence to receive complaints and
carry out effective investigations;
(2) implementing reforms to improve the capacity and
ensure the independence of the judiciary; and
(3) investigating and prosecuting members of the
federal police and military forces who have been
credibly alleged to have committed violations of human
rights.
(c) Report.--The report required in subsection (b) shall
include actions taken with respect to each requirement and the
cases or issues brought to the attention of the Secretary of
State for which the response or action taken has been
inadequate.
(d) Notification.--Funds made available for assistance for
the countries of Central America, Haiti and the Dominican
Republic in subchapter A shall be subject to the regular
notification procedures of the Committees on Appropriations and
section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1).
(e) Spending Plan.--Not later than 45 days after enactment of
this Act, the Secretary of State shall submit to the Committees
on Appropriations a detailed spending plan for funds
appropriated or otherwise made available for the countries of
Central America, Haiti and the Dominican Republic in subchapter
A, which shall include a strategy for combating drug
trafficking and related violence and organized crime, judicial
reform, institution building, anti-corruption, and rule of law
activities, with concrete goals, actions to be taken, budget
proposals and anticipated results.
(f) Definition.--For the purposes of this section, the term
``countries of Central America'' means Belize, Costa Rica, El
Salvador, Guatemala, Honduras, Nicaragua, and Panama.
buying power maintenance account
(including transfers of funds)
Sec. 1408. (a) Of the funds appropriated under the heading
``Diplomatic and Consular Programs'' and allocated by section
3810 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007
(Public Law 110-28), $26,000,000 shall be transferred to and
merged with funds in the ``Buying Power Maintenance Account'':
Provided, That of the funds made available by this chapter up
to an additional $74,000,000 may be transferred to and merged
with the ``Buying Power Maintenance Account'', subject to the
regular notification procedures of the Committees on
Appropriations and in accordance with the procedures in section
34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706). Any funds transferred pursuant to this section
shall be available, without fiscal year limitation, pursuant to
section 24 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2696).
(b) Section 24(b)(7) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by
amending subparagraph (D) to read as follows:
``(D) The authorities contained in this
paragraph may be exercised only with respect to
funds appropriated or otherwise made available
after fiscal year 2008.''.
(c) The Broadcasting Board of Governors may transfer funds
into its Buying Power Maintenance Account, notwithstanding the
requirement that such funds be provided in advance in
appropriations Acts. The authority in this subsection may be
exercised only with respect to funds appropriated or otherwise
made available after fiscal year 2008.
SERBIA
Sec. 1409. Of the funds made available under the heading
``Assistance for Eastern Europe and the Baltic States'' by
title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public
Law 110-161), an amount equivalent to the unpaid costs of
damage to the United States Embassy in Belgrade, Serbia, as
estimated by the Secretary of State, resulting from the
February 21, 2008 attack on such Embassy, shall be withheld
from obligation for assistance for the central government of
Serbia if the Secretary of State reports to the Committees on
Appropriations that the Government of Serbia has failed to
provide full compensation to the Department of State for
damages to the United States Embassy resulting from the
February 21, 2008 attack on such embassy. Section 8002 of this
Act shall not apply to this section.
RESCISSIONS
Sec. 1410. (a) World Food Program.--
(1) For an additional amount for a contribution to
the World Food Program to assist farmers in countries
affected by food shortages to increase crop yields,
notwithstanding any other provision of law,
$20,000,000, to remain available until expended.
(2) Of the funds appropriated under the heading
``Andean Counterdrug Initiative'' in prior Acts making
appropriations for foreign operations, export
financing, and related programs, $20,000,000 are
rescinded.
(b) Sudan.--
(1) For an additional amount for ``International
Narcotics Control and Law Enforcement'', $10,000,000,
for assistance for Sudan to support formed police
units, to remain available until September 30, 2009,
and subject to prior consultation with the Committees
on Appropriations.
(2) Of the funds appropriated under the heading
``International Narcotics Control and Law Enforcement''
in prior Acts making appropriations for foreign
operations, export financing, and related programs,
$10,000,000 are rescinded.
(c) Rescission.--Of the unobligated balances of funds
appropriated for ``Iraq Relief and Reconstruction Fund'' in
prior Acts making appropriations for foreign operations, export
financing, and related programs, $50,000,000 are rescinded.
(d) Exception.--Section 8002 of this Act shall not apply to
subsections (a) and (b) of this section.
DARFUR PEACEKEEPING
Sec. 1411. Funds appropriated under the headings ``Foreign
Military Financing Program'' and ``Peacekeeping Operations'' by
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law
110-161) and by prior Acts making appropriations for foreign
operations, export financing, and related programs may be used
to transfer, equip, upgrade, refurbish or lease helicopters or
related equipment necessary to support the operations of the
African Union/United Nations peacekeeping operation in Darfur,
Sudan, that was established pursuant to United Nations Security
Council Resolution 1769. The President may utilize the
authority of sections 506 or 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2318, 2321j) or section 61 of the Arms
Export Control Act (22 U.S.C. 2796) in order to provide such
support, notwithstanding any other provision of law except for
sections 502B(a)(2), 620A and 620J of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304(a)(2), 2371, 2378d) and section 40A
of the Arms Export Control Act (22 U.S.C. 2780). Any exercise
of the authorities provided by section 506 of the Foreign
Assistance Act pursuant to this section may include the
authority to acquire helicopters by contract.
TIBET
Sec. 1412. (a) Of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations and related programs under the headings
``Diplomatic and Consular Programs'' and ``Embassy Security,
Construction, and Maintenance'', up to $5,000,000 shall be made
available to establish a United States Consulate in Lhasa,
Tibet.
(b) The Department of State should not consent to opening a
consular post in the United States by the People's Republic of
China until such time as the People's Republic of China
consents to opening a United States consular post in Lhasa,
Tibet.
jordan
(including rescission of funds)
Sec. 1413. (a) For an additional amount for ``Economic
Support Fund'' for assistance for Jordan, $25,000,000, to
remain available until September 30, 2009.
(b) For an additional amount for ``Foreign Military Financing
Program'' for assistance for Jordan, $33,000,000, to remain
available until September 30, 2009.
(c) Of the unobligated balances of funds appropriated under
the heading ``Millennium Challenge Corporation'' in prior Acts
making appropriations for foreign operations, export financing,
and related programs, $58,000,000 are rescinded.
(d) Section 8002 of this Act shall not apply to this section.
ALLOCATIONS
Sec. 1414. (a) Funds provided by this chapter for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the explanatory statement printed in the
Congressional Record accompanying this Act:
``Diplomatic and Consular Programs''
``Economic Support Fund''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the explanatory statement printed
in the Congressional Record accompanying this Act shall be
subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
REPROGRAMMING AUTHORITY
Sec. 1415. Notwithstanding any other provision of law, to
include minimum funding requirements or funding directives,
funds made available under the headings ``Development
Assistance'' and ``Economic Support Fund'' in prior Acts making
appropriations for foreign operations, export financing, and
related programs may be made available to address critical food
shortages, subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
SPENDING PLANS AND NOTIFICATION PROCEDURES
Sec. 1416. (a) Subchapter A Spending Plan.--Not later than
45 days after the enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations a report
detailing planned expenditures for funds appropriated under the
headings in subchapter A, except for funds appropriated under
the headings ``International Disaster Assistance'', ``Migration
and Refugee Assistance'', and ``United States Emergency Refugee
and Migration Assistance Fund''.
(b) Subchapter B Spending Plan.--The Secretary of State shall
submit to the Committees on Appropriations not later than
November 1, 2008, and prior to the initial obligation of funds,
a detailed spending plan for funds appropriated or otherwise
made available in subchapter B, except for funds appropriated
under the headings ``International Disaster Assistance'',
``Migration and Refugee Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund''.
(c) Notification.--Funds made available in this chapter shall
be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
TERMS AND CONDITIONS
Sec. 1417. Unless otherwise provided for in this Act, funds
appropriated or otherwise made available by this chapter shall
be available under the authorities and conditions provided in
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law
110-161), except that section 699K of such Act shall not apply
to funds in this chapter.
TITLE II--DOMESTIC MATTERS
CHAPTER 1--FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$150,000,000, to remain available until September 30, 2009:
Provided, That of the amount provided: (1) $66,792,000 shall be
for the Center for Food Safety and Applied Nutrition and
related field activities in the Office of Regulatory Affairs;
(2) $28,019,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs; (3) $12,736,000 shall be for the Center for
Biologics Evaluation and Research and related field activities
in the Office of Regulatory Affairs; (4) $6,057,000 shall be
for the Center for Veterinary Medicine and related field
activities in the Office of Regulatory Affairs; (5) $20,094,000
shall be for the Center for Devices and Radiological Health and
related field activities in the Office of Regulatory Affairs;
(6) $3,396,000 shall be for the National Center for
Toxicological Research; and (7) $12,906,000 shall be for other
activities, including the Office of the Commissioner, the
Office of Scientific and Medical Programs; the Office of
Policy, Planning and Preparedness; the Office of International
and Special Programs; the Office of Operations; and central
services for these offices.
CHAPTER 2--COMMERCE, JUSTICE, AND SCIENCE
DEPARTMENT OF COMMERCE
Bureau of the Census
periodic censuses and programs
(including transfer of funds)
For an additional amount for ``Periodic Censuses and
Programs'', $210,000,000, to remain available until expended,
for necessary expenses related to the 2010 Decennial Census:
Provided, That not less than $3,000,000 shall be transferred to
the ``Office of Inspector General'' at the Department of
Commerce for necessary expenses associated with oversight
activities of the 2010 Decennial Census: Provided further, That
not less than $1,000,000 shall be used only for a reimbursable
agreement with the Defense Contract Management Agency to
provide continuing contract management oversight of the 2010
Decennial Census.
DEPARTMENT OF JUSTICE
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$178,000,000, to remain available until September 30, 2008.
OTHER AGENCIES
National Aeronautics and Space Administration
science, aeronautics and exploration
For an additional amount for ``Science, Aeronautics and
Exploration'', $62,500,000.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related
Activities'', $22,500,000, of which $5,000,000 shall be
available solely for activities authorized by section
7002(b)(2)(A)(iv) of Public Law 110-69.
education and human resources
For an additional amount for ``Education and Human
Resources'', $40,000,000: Provided, That of the amount
provided, $20,000,000 shall be available for activities
authorized by section 10 of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-1) and $20,000,000
shall be available for activities authorized by section 10A of
the National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n-1a).
CHAPTER 3--ENERGY
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Science
For an additional amount for ``Science'', $62,500,000, to
remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For an additional amount for ``Defense Environmental
Cleanup'', $62,500,000, to remain available until expended.
CHAPTER 4--LABOR AND HEALTH AND HUMAN SERVICES
DEPARTMENT OF LABOR
Employment and Training Administration
state unemployment insurance and employment service operations
For an additional amount for ``State Unemployment Insurance
and Employment Service Operations'' for grants to the States
for the administration of State unemployment insurance,
$110,000,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund,
to be used for unemployment insurance workloads experienced by
the States through September 30, 2008, which shall be available
for Federal obligation through December 31, 2008.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
office of the director
(including transfer of funds)
For an additional amount for ``Office of the Director'',
$150,000,000, which shall be transferred to the Institutes and
Centers of the National Institutes of Health and to the Common
Fund established under section 402A(c)(1) of the Public Health
Service Act in proportion to the appropriations otherwise made
to such Institutes, Centers, and Common Fund for fiscal year
2008: Provided, That these funds shall be used to support
additional scientific research and shall be merged with and be
available for the same purposes and for the same time period as
the appropriation or fund to which transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the National Institutes
of Health: Provided further, That none of these funds may be
transferred to ``National Institutes of Health-Buildings and
Facilities'', the Center for Scientific Review, the Center for
Information Technology, the Clinical Center, the Global Fund
for HIV/AIDS, Tuberculosis and Malaria, or the Office of the
Director (except for the transfer to the Common Fund).
CHAPTER 5--LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
For payment to Annette Lantos, widow of Tom Lantos, late a
Representative from the State of California, $169,300:
Provided, That section 8002 shall not apply to this
appropriation.
TITLE III--NATURAL DISASTER RELIEF AND RECOVERY
CHAPTER 1--AGRICULTURE
DEPARTMENT OF AGRICULTURE
Farm Service Agency
emergency conservation program
For an additional amount for the ``Emergency Conservation
Program'', $89,413,000, to remain available until expended.
Natural Resources Conservation Service
emergency watershed protection program
For an additional amount for the ``Emergency Watershed
Protection Program'', $390,464,000, to remain available until
expended.
CHAPTER 2--COMMERCE
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'', for necessary
expenses related to disaster relief, long-term recovery, and
restoration of infrastructure in areas covered by a declaration
of major disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.) as a result of recent natural disasters, $100,000,000, to
remain available until expended.
CHAPTER 3--CORPS OF ENGINEERS
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
For an additional amount for ``Construction'', for necessary
expenses to address emergency situations at Corps of Engineers
projects and rehabilitate and repair damages to Corps projects
caused by recent natural disasters, $61,700,000, to remain
available until expended.
For an additional amount for ``Construction'', for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $2,835,000,000, to become
available on October 1, 2008, and to remain available until
expended: Provided, That the Secretary of the Army is directed
to use $1,997,000,000 of the funds provided herein to modify
authorized projects in southeast Louisiana to provide
hurricane, storm and flood damage reduction in the greater New
Orleans and surrounding areas to the levels of protection
necessary to achieve the certification required for
participation in the National Flood Insurance Program under the
base flood elevations current at the time of enactment of this
Act, and shall use $1,077,000,000 of those funds for the Lake
Pontchartrain and Vicinity project and $920,000,000 of those
funds for the West Bank and Vicinity project: Provided further,
That, in addition, $838,000,000 of the funds provided herein
shall be for elements of Southeast Louisiana Urban Drainage
project within the geographic perimeter of the West Bank and
Vicinity and Lake Pontchartrain and Vicinity projects, to
provide for interior drainage of runoff from rainfall with a
ten percent annual exceedance probability: Provided further,
That the amounts provided herein shall be subject to a 65
percent Federal / 35 percent non-Federal cost share for the
specified purposes: Provided further, That beginning not later
than 60 days after the date of enactment of this Act, the Chief
of Engineers, acting through the Assistant Secretary of the
Army for Civil Works, shall provide monthly reports to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of these
funds: Provided further, That the expenditure of funds as
provided above may be made without regard to individual amounts
or purposes except that any reallocation of funds that is
necessary to accomplish the established goals is authorized
subject to the approval of the House and Senate Committees on
Appropriations.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'' for recovery from natural disasters, $17,590,000,
to remain available until expended, to repair damages to
Federal projects caused by recent natural disasters.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' to
dredge navigation channels and repair other Corps projects
related to natural disasters, $298,344,000, to remain available
until expended: Provided, That the Chief of Engineers, acting
through the Assistant Secretary of the Army for Civil Works,
shall provide a monthly report to the House and Senate
Committees on Appropriations detailing the allocation and
obligation of these funds, beginning not later than 60 days
after enactment of this Act.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), for necessary expenses to prepare
for flood, hurricane and other natural disasters and support
emergency operations, repair and other activities in response
to flood and hurricane emergencies as authorized by law,
$226,854,800, to remain available until expended.
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), for necessary expenses relating to
the consequences of Hurricane Katrina and other hurricanes of
the 2005 season, $2,926,000,000, to become available on October
1, 2008, and to remain available until expended: Provided, That
funds provided herein shall be used to reduce the risk of
hurricane and storm damages to the greater New Orleans
metropolitan area, at full Federal expense, for the following:
$704,000,000 shall be used to modify the 17th Street, Orleans
Avenue, and London Avenue drainage canals and install pumps and
closure structures at or near the lakefront; $90,000,000 shall
be used for storm-proofing interior pump stations to ensure the
operability of the stations during hurricanes, storms, and high
water events; $459,000,000 shall be used for armoring critical
elements of the New Orleans hurricane and storm damage
reduction system; $53,000,000 shall be used to improve
protection at the Inner Harbor Navigation Canal; $456,000,000
shall be used to replace or modify certain non-Federal levees
in Plaquemines Parish to incorporate the levees into the
existing New Orleans to Venice hurricane protection project;
$412,000,000 shall be used for reinforcing or replacing flood
walls, as necessary, in the existing Lake Pontchartrain and
Vicinity project and the existing West Bank and Vicinity
project to improve the performance of the systems; $393,000,000
shall be used for repair and restoration of authorized
protections and floodwalls; and $359,000,000 shall be to
complete the authorized protection for the Lake Ponchartrain
and Vicinity, West Bank and Vicinity, and the New Orleans to
Venice projects: Provided further, That the Secretary of the
Army, within available funds, is directed to continue the NEPA
alternative evaluation of all options with particular attention
to Options 1, 2 and 2a of the report to Congress, dated August
30, 2007, provided in response to the requirements of chapter
3, section 4303 of Public Law 110-28, and within 90 days of
enactment of this Act provide the House and Senate Committees
on Appropriations cost estimates to implement Options 1, 2 and
2a of the above cited report: Provided further, That beginning
not later than 60 days after the date of enactment of this Act,
the Chief of Engineers, acting through the Assistant Secretary
of the Army for Civil Works, shall provide monthly reports to
the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds: Provided further, That any project
using funds appropriated under this heading shall be initiated
only after non-Federal interests have entered into binding
agreements with the Assistant Secretary of the Army for Civil
Works requiring the non-Federal interests to pay 100 percent of
the operation, maintenance, repair, replacement, and
rehabilitation costs of completed elements and to hold and save
the United States free from damages due to the construction,
operation, and maintenance of the project, except for damages
due to the fault or negligence of the United States or its
contractors: Provided further, That the expenditure of funds as
provided above may be made without regard to individual amounts
or purposes except that any reallocation of funds that is
necessary to accomplish the established goals is authorized
subject to the approval of the House and Senate Committees on
Appropriations.
expenses
For an additional amount for ``Expenses'' for increased
efforts by the Mississippi Valley Division to oversee emergency
response and recovery activities related to the consequences of
hurricanes in the Gulf of Mexico in 2005, $1,500,000 to remain
available until expended.
CHAPTER 4--SMALL BUSINESS
Small Business Administration
disaster loans program account
(including transfer of funds)
For the cost of direct loans authorized by section 7(b) of
the Small Business Act, for necessary expenses related to
flooding in Midwestern States and other natural disasters,
$164,939,000, to remain available until expended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974.
In addition, for expenses to carry out the direct loan
program in response to flooding in Midwestern States and other
natural disasters, including onsite assistance to disaster
victims, increased staff at call centers, processing centers,
and field inspections teams, and attorneys to assist in loan
closings, $101,814,000, to remain available until expended, of
which $1,000,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan program and shall be paid
to appropriations for the Office of Inspector General; of which
$94,814,000 is for direct administrative expenses of loan
making and servicing to carry out the direct loan program,
which may be paid to appropriations for Salaries and Expenses;
and of which $6,000,000 is for indirect administrative
expenses, which may be paid to appropriations for Salaries and
Expenses.
CHAPTER 5--FEMA DISASTER RELIEF
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster Relief'',
$897,000,000, to remain available until expended.
CHAPTER 6--HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Permanent Supportive Housing
For the provision of 3,000 units of permanent supportive
housing as referenced in the Road Home Program of the Louisiana
Recovery Authority approved by the Secretary of Housing and
Urban Development, $73,000,000, to remain available until
expended, of which $20,000,000 shall be for project-based
vouchers under section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(13)), including administrative
expenses not to exceed $3,000,000, and $50,000,000 shall be for
grants under the Shelter Plus Care program as authorized under
subtitle F of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11403 et seq.): Provided, That the
Secretary of Housing and Urban Development shall, upon request,
make funds available under this paragraph to the State of
Louisiana or its designee or designees, upon request: Provided
further, That notwithstanding any other provision of law, for
the purpose of administering the amounts provided under this
paragraph, the State of Louisiana or its designee or designees
may act in all respects as a public housing agency as defined
in section 3(b)(6) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(6)): Provided further, That subparagraphs (B)
and (D) of section 8(o)(13) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(13)) shall not apply with respect to
vouchers made available under this paragraph.
Community Planning and Development
community development fund
For an additional amount for ``Community Development Fund'',
for necessary expenses related to disaster relief, long-term
recovery, and restoration of infrastructure in areas covered by
a declaration of major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) as a result of recent natural disasters,
$300,000,000, to remain available until expended, for
activities authorized under title I of the Housing and
Community Development Act of 1974 (Public Law 93-383):
Provided, That funds provided under this heading shall be
administered through an entity or entities designated by the
Governor of each State: Provided further, That such funds may
not be used for activities reimbursable by or for which funds
are made available by the Federal Emergency Management Agency
or the Army Corps of Engineers: Provided further, That funds
allocated under this heading shall not adversely affect the
amount of any formula assistance received by a State under this
heading: Provided further, That each State may use up to five
percent of its allocation for administrative costs: Provided
further, That in administering the funds under this heading,
the Secretary of Housing and Urban Development shall waive, or
specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use by
the recipient of these funds or guarantees (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a request by the State
that such waiver is required to facilitate the use of such
funds or guarantees, and a finding by the Secretary that such
waiver would not be inconsistent with the overall purpose of
the statute, as modified: Provided further, That the Secretary
may waive the requirement that activities benefit persons of
low and moderate income, except that at least 50 percent of the
funds made available under this heading must benefit primarily
persons of low and moderate income unless the Secretary
otherwise makes a finding of compelling need: Provided further,
That the Secretary shall publish in the Federal Register any
waiver of any statute or regulation that the Secretary
administers pursuant to title I of the Housing and Community
Development Act of 1974 no later than 5 days before the
effective date of such waiver: Provided further, That every
waiver made by the Secretary must be reconsidered according to
the three previous provisos on the two-year anniversary of the
day the Secretary published the waiver in the Federal Register:
Provided further, That prior to the obligation of funds each
State shall submit a plan to the Secretary detailing the
proposed use of all funds, including criteria for eligibility
and how the use of these funds will address long-term recovery
and restoration of infrastructure: Provided further, That each
State will report quarterly to the Committees on Appropriations
on all awards and uses of funds made available under this
heading, including specifically identifying all awards of sole-
source contracts and the rationale for making the award on a
sole-source basis: Provided further, That the Secretary shall
notify the Committees on Appropriations on any proposed
allocation of any funds and any related waivers made pursuant
to these provisions under this heading no later than 5 days
before such waiver is made: Provided further, That the
Secretary shall establish procedures to prevent recipients from
receiving any duplication of benefits and report quarterly to
the Committees on Appropriations with regard to all steps taken
to prevent fraud and abuse of funds made available under this
heading including duplication of benefits.
TITLE IV--EMERGENCY UNEMPLOYMENT COMPENSATION
FEDERAL-STATE AGREEMENTS
Sec. 4001. (a) In General.--Any State which desires to do so
may enter into and participate in an agreement under this title
with the Secretary of Labor (in this title referred to as the
``Secretary''). Any State which is a party to an agreement
under this title may, upon providing 30 days' written notice to
the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection
(a) shall provide that the State agency of the State will make
payments of emergency unemployment compensation to individuals
who--
(1) have exhausted all rights to regular compensation
under the State law or under Federal law with respect
to a benefit year (excluding any benefit year that
ended before May 1, 2007);
(2) have no rights to regular compensation or
extended compensation with respect to a week under such
law or any other State unemployment compensation law or
to compensation under any other Federal law (except as
provided under subsection (e)); and
(3) are not receiving compensation with respect to
such week under the unemployment compensation law of
Canada.
(c) Exhaustion of Benefits.--For purposes of subsection
(b)(1), an individual shall be deemed to have exhausted such
individual's rights to regular compensation under a State law
when--
(1) no payments of regular compensation can be made
under such law because such individual has received all
regular compensation available to such individual based
on employment or wages during such individual's base
period; or
(2) such individual's rights to such compensation
have been terminated by reason of the expiration of the
benefit year with respect to which such rights existed.
(d) Weekly Benefit Amount, Etc.--For purposes of any
agreement under this title--
(1) the amount of emergency unemployment compensation
which shall be payable to any individual for any week
of total unemployment shall be equal to the amount of
the regular compensation (including dependents'
allowances) payable to such individual during such
individual's benefit year under the State law for a
week of total unemployment;
(2) the terms and conditions of the State law which
apply to claims for regular compensation and to the
payment thereof shall apply to claims for emergency
unemployment compensation and the payment thereof,
except--
(A) that an individual shall not be eligible
for emergency unemployment compensation under
this title unless, in the base period with
respect to which the individual exhausted all
rights to regular compensation under the State
law, the individual had 20 weeks of full-time
insured employment or the equivalent in insured
wages, as determined under the provisions of
the State law implementing section 202(a)(5) of
the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note);
and
(B) where otherwise inconsistent with the
provisions of this title or with the
regulations or operating instructions of the
Secretary promulgated to carry out this title;
and
(3) the maximum amount of emergency unemployment
compensation payable to any individual for whom an
emergency unemployment compensation account is
established under section 4002 shall not exceed the
amount established in such account for such individual.
(e) Election by States.--Notwithstanding any other provision
of Federal law (and if State law permits), the Governor of a
State that is in an extended benefit period may provide for the
payment of emergency unemployment compensation prior to
extended compensation to individuals who otherwise meet the
requirements of this section.
(f) Unauthorized Aliens Ineligible.--A State shall require as
a condition of eligibility for emergency unemployment
compensation under this Act that each alien who receives such
compensation must be legally authorized to work in the United
States, as defined for purposes of the Federal Unemployment Tax
Act (26 U.S.C. 3301 et seq.). In determining whether an alien
meets the requirements of this subsection, a State must follow
the procedures provided in section 1137(d) of the Social
Security Act (42 U.S.C. 1320b-7(d)).
EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT
Sec. 4002. (a) In General.--Any agreement under this title
shall provide that the State will establish, for each eligible
individual who files an application for emergency unemployment
compensation, an emergency unemployment compensation account
with respect to such individual's benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account
under subsection (a) shall be equal to the lesser of--
(A) 50 percent of the total amount of regular
compensation (including dependents' allowances)
payable to the individual during the
individual's benefit year under such law, or
(B) 13 times the individual's average weekly
benefit amount for the benefit year.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for
any week is the amount of regular compensation
(including dependents' allowances) under the State law
payable to such individual for such week for total
unemployment.
PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF EMERGENCY
UNEMPLOYMENT COMPENSATION
Sec. 4003. (a) General Rule.--There shall be paid to each
State that has entered into an agreement under this title an
amount equal to 100 percent of the emergency unemployment
compensation paid to individuals by the State pursuant to such
agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall
be made to any State under this section in respect of any
compensation to the extent the State is entitled to
reimbursement in respect of such compensation under the
provisions of any Federal law other than this title or chapter
85 of title 5, United States Code. A State shall not be
entitled to any reimbursement under such chapter 85 in respect
of any compensation to the extent the State is entitled to
reimbursement under this title in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by
reason of such State having an agreement under this title shall
be payable, either in advance or by way of reimbursement (as
may be determined by the Secretary), in such amounts as the
Secretary estimates the State will be entitled to receive under
this title for each calendar month, reduced or increased, as
the case may be, by any amount by which the Secretary finds
that the Secretary's estimates for any prior calendar month
were greater or less than the amounts which should have been
paid to the State. Such estimates may be made on the basis of
such statistical, sampling, or other method as may be agreed
upon by the Secretary and the State agency of the State
involved.
FINANCING PROVISIONS
Sec. 4004. (a) In General.--Funds in the extended
unemployment compensation account (as established by section
905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section 904(a) of
such Act (42 U.S.C. 1104(a)) shall be used for the making of
payments to States having agreements entered into under this
title.
(b) Certification.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this title. The
Secretary of the Treasury, prior to audit or settlement by the
Government Accountability Office, shall make payments to the
State in accordance with such certification, by transfers from
the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment
Trust Fund (as so established).
(c) Assistance to States.--There are appropriated out of the
employment security administration account (as established by
section 901(a) of the Social Security Act (42 U.S.C. 1101(a))
of the Unemployment Trust Fund, without fiscal year limitation,
such funds as may be necessary for purposes of assisting States
(as provided in title III of the Social Security Act (42 U.S.C.
501 et seq.)) in meeting the costs of administration of
agreements under this title.
(d) Appropriations for Certain Payments.--There are
appropriated from the general fund of the Treasury, without
fiscal year limitation, to the extended unemployment
compensation account (as so established) of the Unemployment
Trust Fund (as so established) such sums as the Secretary
estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to
which section 3309(a)(1) of the Internal Revenue Code
of 1986 applies.
Amounts appropriated pursuant to the preceding sentence shall
not be required to be repaid.
FRAUD AND OVERPAYMENTS
Sec. 4005. (a) In General.--If an individual knowingly has
made, or caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed, or
caused another to fail, to disclose a material fact, and as a
result of such false statement or representation or of such
nondisclosure such individual has received an amount of
emergency unemployment compensation under this title to which
such individual was not entitled, such individual--
(1) shall be ineligible for further emergency
unemployment compensation under this title in
accordance with the provisions of the applicable State
unemployment compensation law relating to fraud in
connection with a claim for unemployment compensation;
and
(2) shall be subject to prosecution under section
1001 of title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of emergency unemployment compensation under this title
to which they were not entitled, the State shall require such
individuals to repay the amounts of such emergency unemployment
compensation to the State agency, except that the State agency
may waive such repayment if it determines that--
(1) the payment of such emergency unemployment
compensation was without fault on the part of any such
individual; and
(2) such repayment would be contrary to equity and
good conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the
amount to be repaid, or any part thereof, by deductions
from any emergency unemployment compensation payable to
such individual under this title or from any
unemployment compensation payable to such individual
under any State or Federal unemployment compensation
law administered by the State agency or under any other
State or Federal law administered by the State agency
which provides for the payment of any assistance or
allowance with respect to any week of unemployment,
during the 3-year period after the date such
individuals received the payment of the emergency
unemployment compensation to which they were not
entitled, except that no single deduction may exceed 50
percent of the weekly benefit amount from which such
deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
(d) Review.--Any determination by a State agency under this
section shall be subject to review in the same manner and to
the same extent as determinations under the State unemployment
compensation law, and only in that manner and to that extent.
DEFINITIONS
Sec. 4006. In this title, the terms ``compensation'',
``regular compensation'', ``extended compensation'', ``benefit
year'', ``base period'', ``State'', ``State agency'', ``State
law'', and ``week'' have the respective meanings given such
terms under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
APPLICABILITY
Sec. 4007. (a) In General.--Except as provided in subsection
(b), an agreement entered into under this title shall apply to
weeks of unemployment--
(1) beginning after the date on which such agreement
is entered into; and
(2) ending on or before March 31, 2009.
(b) Transition for Amount Remaining in Account.--
(1) In general.--Subject to paragraph (2), in the
case of an individual who has amounts remaining in an
account established under section 4002 as of the last
day of the last week (as determined in accordance with
the applicable State law) ending on or before March 31,
2009, emergency unemployment compensation shall
continue to be payable to such individual from such
amounts for any week beginning after such last day for
which the individual meets the eligibility requirements
of this title.
(2) Limit on compensation.--No compensation shall be
payable by reason of paragraph (1) for any week
beginning after June 30, 2009.
TITLE V--VETERANS EDUCATIONAL ASSISTANCE
SHORT TITLE
Sec. 5001. This title may be cited as the ``Post-9/11
Veterans Educational Assistance Act of 2008''.
FINDINGS
Sec. 5002. Congress makes the following findings:
(1) On September 11, 2001, terrorists attacked the
United States, and the brave members of the Armed
Forces of the United States were called to the defense
of the Nation.
(2) Service on active duty in the Armed Forces has
been especially arduous for the members of the Armed
Forces since September 11, 2001.
(3) The United States has a proud history of offering
educational assistance to millions of veterans, as
demonstrated by the many ``G.I. Bills'' enacted since
World War II. Educational assistance for veterans helps
reduce the costs of war, assist veterans in readjusting
to civilian life after wartime service, and boost the
United States economy, and has a positive effect on
recruitment for the Armed Forces.
(4) The current educational assistance program for
veterans is outmoded and designed for peacetime service
in the Armed Forces.
(5) The people of the United States greatly value
military service and recognize the difficult challenges
involved in readjusting to civilian life after wartime
service in the Armed Forces.
(6) It is in the national interest for the United
States to provide veterans who serve on active duty in
the Armed Forces after September 11, 2001, with
enhanced educational assistance benefits that are
worthy of such service and are commensurate with the
educational assistance benefits provided by a grateful
Nation to veterans of World War II.
EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WHO SERVE AFTER
SEPTEMBER 11, 2001
Sec. 5003. (a) Educational Assistance Authorized.--
(1) In general.--Part III of title 38, United States
Code, is amended by inserting after chapter 32 the
following new chapter:
``CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE
``subchapter i--definitions
``Sec.
``3301. Definitions.
``subchapter ii--educational assistance
``3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001: entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: amount; payment.
``3314. Tutorial assistance.
``3315. Licensure and certification tests.
``3316. Supplemental educational assistance: members with critical
skills or specialty; members serving additional service.
``3317. Public-private contributions for additional educational
assistance.
``3318. Additional assistance: relocation or travel assistance for
individual relocating or traveling significant distance for
pursuit of a program of education.
``3319. Authority to transfer unused education benefits to family
members.
``subchapter iii--administrative provisions
``3321. Time limitation for use of and eligibility for entitlement.
``3322. Bar to duplication of educational assistance benefits.
``3323. Administration.
``3324. Allocation of administration and costs.
``SUBCHAPTER I--DEFINITIONS
``Sec. 3301. Definitions
``In this chapter:
``(1) The term `active duty' has the meanings as
follows (subject to the limitations specified in
sections 3002(6) and 3311(b)):
``(A) In the case of members of the regular
components of the Armed Forces, the meaning
given such term in section 101(21)(A).
``(B) In the case of members of the reserve
components of the Armed Forces, service on
active duty under a call or order to active
duty under section 688, 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10.
``(2) The term `entry level and skill training' means
the following:
``(A) In the case of members of the Army,
Basic Combat Training and Advanced Individual
Training.
``(B) In the case of members of the Navy,
Recruit Training (or Boot Camp) and Skill
Training (or so-called `A' School).
``(C) In the case of members of the Air
Force, Basic Military Training and Technical
Training.
``(D) In the case of members of the Marine
Corps, Recruit Training and Marine Corps
Training (or School of Infantry Training).
``(E) In the case of members of the Coast
Guard, Basic Training.
``(3) The term `program of education' has the meaning
given such term in section 3002, except to the extent
otherwise provided in section 3313.
``(4) The term `Secretary of Defense' means the
Secretary of Defense, except that the term means the
Secretary of Homeland Security with respect to the
Coast Guard when it is not operating as a service in
the Navy.
``SUBCHAPTER II--EDUCATIONAL ASSISTANCE
``Sec. 3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001:
entitlement
``(a) Entitlement.--Subject to subsections (d) and (e), each
individual described in subsection (b) is entitled to
educational assistance under this chapter.
``(b) Covered Individuals.--An individual described in this
subsection is any individual as follows:
``(1) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 36 months
on active duty in the Armed Forces (including
service on active duty in entry level and skill
training); and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty; or
``(ii) is discharged or released from
active duty as described in subsection
(c).
``(2) An individual who--
``(A) commencing on or after September 11,
2001, serves at least 30 continuous days on
active duty in the Armed Forces; and
``(B) after completion of service described
in subparagraph (A), is discharged or released
from active duty in the Armed Forces for a
service-connected disability.
``(3) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 30
months, but less than 36 months, on active duty
in the Armed Forces (including service on
active duty in entry level and skill training);
and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 36 months; or
``(ii) before completion of service
on active duty of an aggregate of 36
months, is discharged or released from
active duty as described in subsection
(c).
``(4) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 24
months, but less than 30 months, on active duty
in the Armed Forces (including service on
active duty in entry level and skill training);
and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 30 months; or
``(ii) before completion of service
on active duty of an aggregate of 30
months, is discharged or released from
active duty as described in subsection
(c).
``(5) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 18
months, but less than 24 months, on active duty
in the Armed Forces (excluding service on
active duty in entry level and skill training);
and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 24 months; or
``(ii) before completion of service
on active duty of an aggregate of 24
months, is discharged or released from
active duty as described in subsection
(c).
``(6) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 12
months, but less than 18 months, on active duty
in the Armed Forces (excluding service on
active duty in entry level and skill training);
and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 18 months; or
``(ii) before completion of service
on active duty of an aggregate of 18
months, is discharged or released from
active duty as described in subsection
(c).
``(7) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 6 months,
but less than 12 months, on active duty in the
Armed Forces (excluding service on active duty
in entry level and skill training); and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 12 months; or
``(ii) before completion of service
on active duty of an aggregate of 12
months, is discharged or released from
active duty as described in subsection
(c).
``(8) An individual who--
``(A) commencing on or after September 11,
2001, serves an aggregate of at least 90 days,
but less than 6 months, on active duty in the
Armed Forces (excluding service on active duty
in entry level and skill training); and
``(B) after completion of service described
in subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 6 months; or
``(ii) before completion of service
on active duty of an aggregate of 6
months, is discharged or released from
active duty as described in subsection
(c).
``(c) Covered Discharges and Releases.--A discharge or
release from active duty of an individual described in this
subsection is a discharge or release as follows:
``(1) A discharge from active duty in the Armed
Forces with an honorable discharge.
``(2) A release after service on active duty in the
Armed Forces characterized by the Secretary concerned
as honorable service and placement on the retired list,
transfer to the Fleet Reserve or Fleet Marine Corps
Reserve, or placement on the temporary disability
retired list.
``(3) A release from active duty in the Armed Forces
for further service in a reserve component of the Armed
Forces after service on active duty characterized by
the Secretary concerned as honorable service.
``(4) A discharge or release from active duty in the
Armed Forces for--
``(A) a medical condition which preexisted
the service of the individual as described in
the applicable paragraph of subsection (b) and
which the Secretary determines is not service-
connected;
``(B) hardship; or
``(C) a physical or mental condition that was
not characterized as a disability and did not
result from the individual's own willful
misconduct but did interfere with the
individual's performance of duty, as determined
by the Secretary concerned in accordance with
regulations prescribed by the Secretary of
Defense.
``(d) Prohibition on Treatment of Certain Service as Period
of Active Duty.--The following periods of service shall not be
considered a part of the period of active duty on which an
individual's entitlement to educational assistance under this
chapter is based:
``(1) A period of service on active duty of an
officer pursuant to an agreement under section 2107(b)
of title 10.
``(2) A period of service on active duty of an
officer pursuant to an agreement under section 4348,
6959, or 9348 of title 10.
``(3) A period of service that is terminated because
of a defective enlistment and induction based on--
``(A) the individual's being a minor for
purposes of service in the Armed Forces;
``(B) an erroneous enlistment or induction;
or
``(C) a defective enlistment agreement.
``(e) Treatment of Individuals Entitled Under Multiple
Provisions.--In the event an individual entitled to educational
assistance under this chapter is entitled by reason of both
paragraphs (4) and (5) of subsection (b), the individual shall
be treated as being entitled to educational assistance under
this chapter by reason of paragraph (5) of subsection (b).
``Sec. 3312. Educational assistance: duration
``(a) In General.--Subject to section 3695 and except as
provided in subsections (b) and (c), an individual entitled to
educational assistance under this chapter is entitled to a
number of months of educational assistance under section 3313
equal to 36 months.
``(b) Continuing Receipt.--The receipt of educational
assistance under section 3313 by an individual entitled to
educational assistance under this chapter is subject to the
provisions of section 3321(b)(2).
``(c) Discontinuation of Education for Active Duty.--
``(1) In general.--Any payment of educational
assistance described in paragraph (2) shall not--
``(A) be charged against any entitlement to
educational assistance of the individual
concerned under this chapter; or
``(B) be counted against the aggregate period
for which section 3695 limits the individual's
receipt of educational assistance under this
chapter.
``(2) Description of payment of educational
assistance.--Subject to paragraph (3), the payment of
educational assistance described in this paragraph is
the payment of such assistance to an individual for
pursuit of a course or courses under this chapter if
the Secretary finds that the individual--
``(A)(i) in the case of an individual not
serving on active duty, had to discontinue such
course pursuit as a result of being called or
ordered to serve on active duty under section
688, 12301(a), 12301(d), 12301(g), 12302, or
12304 of title 10; or
``(ii) in the case of an individual serving
on active duty, had to discontinue such course
pursuit as a result of being ordered to a new
duty location or assignment or to perform an
increased amount of work; and
``(B) failed to receive credit or lost
training time toward completion of the
individual's approved education, professional,
or vocational objective as a result of having
to discontinue, as described in subparagraph
(A), the individual's course pursuit.
``(3) Period for which payment not charged.--The
period for which, by reason of this subsection,
educational assistance is not charged against
entitlement or counted toward the applicable aggregate
period under section 3695 of this title shall not
exceed the portion of the period of enrollment in the
course or courses from which the individual failed to
receive credit or with respect to which the individual
lost training time, as determined under paragraph
(2)(B).
``Sec. 3313. Educational assistance: amount; payment
``(a) Payment.--The Secretary shall pay to each individual
entitled to educational assistance under this chapter who is
pursuing an approved program of education (other than a program
covered by subsections (e) and (f)) the amounts specified in
subsection (c) to meet the expenses of such individual's
subsistence, tuition, fees, and other educational costs for
pursuit of such program of education.
``(b) Approved Programs of Education.--A program of education
is an approved program of education for purposes of this
chapter if the program of education is offered by an
institution of higher learning (as that term is defined in
section 3452(f)) and is approved for purposes of chapter 30
(including approval by the State approving agency concerned).
``(c) Amount of Educational Assistance.--The amounts payable
under this subsection for pursuit of an approved program of
education are amounts as follows:
``(1) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(1) or 3311(b)(2), amounts as follows:
``(A) An amount equal to the established
charges for the program of education, except
that the amount payable under this subparagraph
may not exceed the maximum amount of
established charges regularly charged in-State
students for full-time pursuit of approved
programs of education for undergraduates by the
public institution of higher education offering
approved programs of education for
undergraduates in the State in which the
individual is enrolled that has the highest
rate of regularly-charged established charges
for such programs of education among all public
institutions of higher education in such State
offering such programs of education.
``(B) A monthly stipend in an amount as
follows:
``(i) For each month the individual
pursues the program of education (other
than, in the case of assistance under
this section only, a program of
education offered through distance
learning), a monthly housing stipend
amount equal to the monthly amount of
the basic allowance for housing payable
under section 403 of title 37 for a
member with dependents in pay grade E-5
residing in the military housing area
that encompasses all or the majority
portion of the ZIP code area in which
is located the institution of higher
education at which the individual is
enrolled.
``(ii) For the first month of each
quarter, semester, or term, as
applicable, of the program of education
pursued by the individual, a lump sum
amount for books, supplies, equipment,
and other educational costs with
respect to such quarter, semester, or
term in the amount equal to--
``(I) $1,000, multiplied by
``(II) the fraction which is
the portion of a complete
academic year under the program
of education that such quarter,
semester, or term constitutes.
``(2) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(3), amounts equal to 90 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
``(3) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(4), amounts equal to 80 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
``(4) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(5), amounts equal to 70 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
``(5) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(6), amounts equal to 60 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
``(6) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(7), amounts equal to 50 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
``(7) In the case of an individual entitled to
educational assistance under this chapter by reason of
section 3311(b)(8), amounts equal to 40 percent of the
amounts that would be payable to the individual under
paragraph (1) for the program of education if the
individual were entitled to amounts for the program of
education under paragraph (1) rather than this
paragraph.
``(d) Frequency of Payment.--
``(1) Quarter, semester, or term payments.--Payment
of the amounts payable under subsection (c)(1)(A), and
of similar amounts payable under paragraphs (2) through
(7) of subsection (c), for pursuit of a program of
education shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
``(2) Monthly payments.--Payment of the amount
payable under subsection (c)(1)(B), and of similar
amounts payable under paragraphs (2) through (7) of
subsection (c), for pursuit of a program of education
shall be made on a monthly basis.
``(3) Regulations.--The Secretary shall prescribe in
regulations methods for determining the number of
months (including fractions thereof) of entitlement of
an individual to educational assistance this chapter
that are chargeable under this chapter for an advance
payment of amounts under paragraphs (1) and (2) for
pursuit of a program of education on a quarter,
semester, term, or other basis.
``(e) Programs of Education Pursued on Active Duty.--
``(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education while on active duty.
``(2) Amount of assistance.--The amount of
educational assistance payable under this chapter to an
individual pursuing a program of education while on
active duty is the lesser of--
``(A) the established charges which similarly
circumstanced nonveterans enrolled in the
program of education involved would be required
to pay; or
``(B) the amount of the charges of the
educational institution as elected by the
individual in the manner specified in section
3014(b)(1)
``(3) Quarter, semester, or term payments.--Payment
of the amount payable under paragraph (2) for pursuit
of a program of education shall be made for the entire
quarter, semester, or term, as applicable, of the
program of education.
``(4) Monthly payments.--For each month (as
determined pursuant to the methods prescribed under
subsection (d)(3)) for which amounts are paid an
individual under this subsection, the entitlement of
the individual to educational assistance under this
chapter shall be charged at the rate of one month for
each such month.
``(f) Programs of Education Pursued on Half-Time Basis or
Less.--
``(1) In general.--Educational assistance is payable
under this chapter for pursuit of an approved program
of education on half-time basis or less.
``(2) Amount of assistance.--The educational
assistance payable under this chapter to an individual
pursuing a program of education on half-time basis or
less is the amounts as follows:
``(A) The amount equal to the lesser of--
``(i) the established charges which
similarly circumstanced nonveterans
enrolled in the program of education
involved would be required to pay; or
``(ii) the maximum amount that would
be payable to the individual for the
program of education under paragraph
(1)(A) of subsection (c), or under the
provisions of paragraphs (2) through
(7) of subsection (c) applicable to the
individual, for the program of
education if the individual were
entitled to amounts for the program of
education under subsection (c) rather
than this subsection.
``(B) A stipend in an amount equal to the
amount of the appropriately reduced amount of
the lump sum amount for books, supplies,
equipment, and other educational costs
otherwise payable to the individual under
subsection (c).
``(3) Quarter, term, or semester payments.--Payment
of the amounts payable to an individual under paragraph
(2) for pursuit of a program of education on half-time
basis or less shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
``(4) Monthly payments.--For each month (as
determined pursuant to the methods prescribed under
subsection (d)(3)) for which amounts are paid an
individual under this subsection, the entitlement of
the individual to educational assistance under this
chapter shall be charged at a percentage of a month
equal to--
``(A) the number of course hours borne by the
individual in pursuit of the program of
education involved, divided by
``(B) the number of course hours for full-
time pursuit of such program of education.
``(g) Payment of Established Charges to Educational
Institutions.--Amounts payable under subsections (c)(1)(A) (and
of similar amounts payable under paragraphs (2) through (7) of
subsection (c)), (e)(2), and (f)(2)(A) shall be paid directly
to the educational institution concerned.
``(h) Established Charges Defined.--
``(1) In general.--In this section, the term
`established charges', in the case of a program of
education, means the actual charges (as determined
pursuant to regulations prescribed by the Secretary)
for tuition and fees which similarly circumstanced
nonveterans enrolled in the program of education would
be required to pay.
``(2) Basis of determination.--Established charges
shall be determined for purposes of this subsection on
the following basis:
``(A) In the case of an individual enrolled
in a program of education offered on a term,
quarter, or semester basis, the tuition and
fees charged the individual for the term,
quarter, or semester.
``(B) In the case of an individual enrolled
in a program of education not offered on a
term, quarter, or semester basis, the tuition
and fees charged the individual for the entire
program of education.
``Sec. 3314. Tutorial assistance
``(a) In General.--Subject to subsection (b), an individual
entitled to educational assistance under this chapter shall
also be entitled to benefits provided an eligible veteran under
section 3492.
``(b) Conditions.--
``(1) In general.--The provision of benefits under
subsection (a) shall be subject to the conditions
applicable to an eligible veteran under section 3492.
``(2) Certification.--In addition to the conditions
specified in paragraph (1), benefits may not be
provided to an individual under subsection (a) unless
the professor or other individual teaching, leading, or
giving the course for which such benefits are provided
certifies that--
``(A) such benefits are essential to correct
a deficiency of the individual in such course;
and
``(B) such course is required as a part of,
or is prerequisite or indispensable to the
satisfactory pursuit of, an approved program of
education.
``(c) Amount.--
``(1) In general.--The amount of benefits described
in subsection (a) that are payable under this section
may not exceed $100 per month, for a maximum of 12
months, or until a maximum of $1,200 is utilized.
``(2) As additional assistance.--The amount provided
an individual under this subsection is in addition to
the amounts of educational assistance paid the
individual under section 3313.
``(d) No Charge Against Entitlement.--Any benefits provided
an individual under subsection (a) are in addition to any other
educational assistance benefits provided the individual under
this chapter.
``Sec. 3315. Licensure and certification tests
``(a) In General.--An individual entitled to educational
assistance under this chapter shall also be entitled to payment
for one licensing or certification test described in section
3452(b).
``(b) Limitation on Amount.--The amount payable under
subsection (a) for a licensing or certification test may not
exceed the lesser of--
``(1) $2,000; or
``(2) the fee charged for the test.
``(c) No Charge Against Entitlement.--Any amount paid an
individual under subsection (a) is in addition to any other
educational assistance benefits provided the individual under
this chapter.
``Sec. 3316. Supplemental educational assistance: members with critical
skills or specialty; members serving additional
service
``(a) Increased Assistance for Members With Critical Skills
or Specialty.--
``(1) In general.--In the case of an individual who
has a skill or specialty designated by the Secretary
concerned as a skill or specialty in which there is a
critical shortage of personnel or for which it is
difficult to recruit or, in the case of critical units,
retain personnel, the Secretary concerned may increase
the monthly amount of educational assistance otherwise
payable to the individual under paragraph (1)(B) of
section 3313(c), or under paragraphs (2) through (7) of
such section (as applicable).
``(2) Maximum amount of increase in assistance.--The
amount of the increase in educational assistance
authorized by paragraph (1) may not exceed the amount
equal to the monthly amount of increased basic
educational assistance providable under section
3015(d)(1) at the time of the increase under paragraph
(1).
``(b) Supplemental Assistance for Additional Service.--
``(1) In general.--The Secretary concerned may
provide for the payment to an individual entitled to
educational assistance under this chapter of
supplemental educational assistance for additional
service authorized by subchapter III of chapter 30. The
amount so payable shall be payable as an increase in
the monthly amount of educational assistance otherwise
payable to the individual under paragraph (1)(B) of
section 3313(c), or under paragraphs (2) through (7) of
such section (as applicable).
``(2) Eligibility.--Eligibility for supplement
educational assistance under this subsection shall be
determined in accordance with the provisions of
subchapter III of chapter 30, except that any reference
in such provisions to eligibility for basic educational
assistance under a provision of subchapter II of
chapter 30 shall be treated as a reference to
eligibility for educational assistance under the
appropriate provision of this chapter.
``(3) Amount.--The amount of supplemental educational
assistance payable under this subsection shall be the
amount equal to the monthly amount of supplemental
educational payable under section 3022.
``(c) Regulations.--The Secretaries concerned shall
administer this section in accordance with such regulations as
the Secretary of Defense shall prescribe.
``Sec. 3317. Public-private contributions for additional educational
assistance
``(a) Establishment of Program.--In instances where the
educational assistance provided pursuant to section
3313(c)(1)(A) does not cover the full cost of established
charges (as specified in section 3313), the Secretary shall
carry out a program under which colleges and universities can,
voluntarily, enter into an agreement with the Secretary to
cover a portion of those established charges not otherwise
covered under section 3313(c)(1)(A), which contributions shall
be matched by equivalent contributions toward such costs by the
Secretary. The program shall only apply to covered individuals
described in paragraphs (1) and (2) of section 3311(b).
``(b) Designation of Program.--The program under this section
shall be known as the `Yellow Ribbon G.I. Education Enhancement
Program'.
``(c) Agreements.--The Secretary shall enter into an
agreement with each college or university seeking to
participate in the program under this section. Each agreement
shall specify the following:
``(1) The manner (whether by direct grant,
scholarship, or otherwise) of the contributions to be
made by the college or university concerned.
``(2) The maximum amount of the contribution to be
made by the college or university concerned with
respect to any particular individual in any given
academic year.
``(3) The maximum number of individuals for whom the
college or university concerned will make contributions
in any given academic year.
``(4) Such other matters as the Secretary and the
college or university concerned jointly consider
appropriate.
``(d) Matching Contributions.--
``(1) In general.--In instances where the educational
assistance provided an individual under section
3313(c)(1)(A) does not cover the full cost of tuition
and mandatory fees at a college or university, the
Secretary shall provide up to 50 percent of the
remaining costs for tuition and mandatory fees if the
college or university voluntarily enters into an
agreement with the Secretary to match an equal
percentage of any of the remaining costs for such
tuition and fees.
``(2) Use of appropriated funds.--Amounts available
to the Secretary under section 3324(b) for payment of
the costs of this chapter shall be available to the
Secretary for purposes of paragraph (1).
``(e) Outreach.--The Secretary shall make available on the
Internet website of the Department available to the public a
current list of the colleges and universities participating in
the program under this section. The list shall specify, for
each college or university so listed, appropriate information
on the agreement between the Secretary and such college or
university under subsection (c).
``Sec. 3318. Additional assistance: relocation or travel assistance for
individual relocating or traveling significant
distance for pursuit of a program of education
``(a) Additional Assistance.--Each individual described in
subsection (b) shall be paid additional assistance under this
section in the amount of $500.
``(b) Covered Individuals.--An individual described in this
subsection is any individual entitled to educational assistance
under this chapter--
``(1) who resides in a county (or similar entity
utilized by the Bureau of the Census) with less than
seven persons per square mile, according to the most
recent decennial Census; and
``(2) who--
``(A) physically relocates a distance of at
least 500 miles in order to pursue a program of
education for which the individual utilizes
educational assistance under this chapter; or
``(B) travels by air to physically attend an
institution of higher education for pursuit of
such a program of education because the
individual cannot travel to such institution by
automobile or other established form of
transportation due to an absence of road or
other infrastructure.
``(c) Proof of Residence.--For purposes of subsection (b)(1),
an individual may demonstrate the individual's place of
residence utilizing any of the following:
``(1) DD Form 214, Certification of Release or
Discharge from Active Duty.
``(2) The most recent Federal income tax return.
``(3) Such other evidence as the Secretary shall
prescribe for purposes of this section.
``(d) Single Payment of Assistance.--An individual is
entitled to only one payment of additional assistance under
this section.
``(e) No Charge Against Entitlement.--Any amount paid an
individual under this section is in addition to any other
educational assistance benefits provided the individual under
this chapter.
``Sec. 3319. Authority to transfer unused education benefits to family
members
``(a) In General.--Subject to the provisions of this section,
the Secretary of Defense may authorize the Secretary concerned,
to promote recruitment and retention of members of the Armed
Forces, to permit an individual described in subsection (b) who
is entitled to educational assistance under this chapter to
elect to transfer to one or more of the dependents specified in
subsection (c) a portion of such individual's entitlement to
such assistance, subject to the limitation under subsection
(d).
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is any member of the Armed Forces who, at the
time of the approval of the individual's request to transfer
entitlement to educational assistance under this section, has
completed at least--
``(1) six years of service in the armed forces and
enters into an agreement to serve at least four more
years as a member of the Armed Forces; or
``(2) the years of service as determined in
regulations pursuant to section (k).
``(c) Eligible Dependents.--An individual approved to
transfer an entitlement to educational assistance under this
section may transfer the individual's entitlement as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to
in paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--The total number of
months of entitlement transferred by a individual under this
section may not exceed 36 months. The Secretary of Defense may
prescribe regulations that would limit the months of
entitlement that may be transferred under this section to no
less than 18 months.
``(e) Designation of Transferee.--An individual transferring
an entitlement to educational assistance under this section
shall--
``(1) designate the dependent or dependents to whom
such entitlement is being transferred;
``(2) designate the number of months of such
entitlement to be transferred to each such dependent;
and
``(3) specify the period for which the transfer shall
be effective for each dependent designated under
paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--
``(1) Time for transfer.--Subject to the time
limitation for use of entitlement under section 3321 an
individual approved to transfer entitlement to
educational assistance under this section may transfer
such entitlement only while serving as a member of the
armed forces when the transfer is executed.
``(2) Modification or revocation.--
``(A) In general.--An individual transferring
entitlement under this section may modify or
revoke at any time the transfer of any unused
portion of the entitlement so transferred.
``(B) Notice.--The modification or revocation
of the transfer of entitlement under this
paragraph shall be made by the submittal of
written notice of the action to both the
Secretary concerned and the Secretary of
Veterans Affairs.
``(3) Prohibition on treatment of transferred
entitlement as marital property.--Entitlement
transferred under this section may not be treated as
marital property, or the asset of a marital estate,
subject to division in a divorce or other civil
proceeding.
``(g) Commencement of Use.--A dependent to whom entitlement
to educational assistance is transferred under this section may
not commence the use of the transferred entitlement until--
``(1) in the case of entitlement transferred to a
spouse, the completion by the individual making the
transfer of at least--
``(A) six years of service in the armed
forces; or
``(B) the years of service as determined in
regulations pursuant to subsection (j); or
``(2) in the case of entitlement transferred to a
child, both--
``(A) the completion by the individual making
the transfer of at least--
``(i) ten years of service in the
armed forces; or
``(ii) the years of service as
determined in regulations pursuant to
subsection (j); and
``(B) either--
``(i) the completion by the child of
the requirements of a secondary school
diploma (or equivalency certificate);
or
``(ii) the attainment by the child of
18 years of age.
``(h) Additional Administrative Matters.--
``(1) Use.--The use of any entitlement to educational
assistance transferred under this section shall be
charged against the entitlement of the individual
making the transfer at the rate of one month for each
month of transferred entitlement that is used.
``(2) Nature of transferred entitlement.--Except as
provided under subsection (e)(2) and subject to
paragraphs (5) and (6)--
``(A) in the case of entitlement transferred
to a spouse under this section, the spouse is
entitled to educational assistance under this
chapter in the same manner as the individual
from whom the entitlement was transferred; or
``(B) in the case of entitlement transferred
to a child under this section, the child is
entitled to educational assistance under this
chapter in the same manner as the individual
from whom the entitlement was transferred as if
the individual were not on active duty.
``(3) Rate of payment.--The monthly rate of
educational assistance payable to a dependent to whom
entitlement referred to in paragraph (2) is transferred
under this section shall be payable--
``(A) in the case of a spouse, at the same
rate as such entitlement would otherwise be
payable under this chapter to the individual
making the transfer; or
``(B) in the case of a child, at the same
rate as such entitlement would otherwise be
payable under this chapter to the individual
making the transfer as if the individual were
not on active duty.
``(4) Death of transferor.--The death of an
individual transferring an entitlement under this
section shall not affect the use of the entitlement by
the dependent to whom the entitlement is transferred.
``(5) Limitation on age of use by child
transferees.--A child to whom entitlement is
transferred under this section may use the benefit
without regard to the 15-year delimiting date, but may
not use any entitlement so transferred after attaining
the age of 26 years.
``(6) Scope of use by transferees.--The purposes for
which a dependent to whom entitlement is transferred
under this section may use such entitlement shall
include the pursuit and completion of the requirements
of a secondary school diploma (or equivalency
certificate).
``(7) Additional administrative provisions.--The
administrative provisions of this chapter shall apply
to the use of entitlement transferred under this
section, except that the dependent to whom the
entitlement is transferred shall be treated as the
eligible individual for purposes of such provisions.
``(i) Overpayment.--
``(1) Joint and several liability.--In the event of
an overpayment of educational assistance with respect
to a dependent to whom entitlement is transferred under
this section, the dependent and the individual making
the transfer shall be jointly and severally liable to
the United States for the amount of the overpayment for
purposes of section 3685.
``(2) Failure to complete service agreement.--
``(A) In general.--Except as provided in
subparagraph (B), if an individual transferring
entitlement under this section fails to
complete the service agreed to by the
individual under subsection (b)(1) in
accordance with the terms of the agreement of
the individual under that subsection, the
amount of any transferred entitlement under
this section that is used by a dependent of the
individual as of the date of such failure shall
be treated as an overpayment of educational
assistance under paragraph (1).
``(B) Exception.--Subparagraph (A) shall not
apply in the case of an individual who fails to
complete service agreed to by the individual--
``(i) by reason of the death of the
individual; or
``(ii) for a reason referred to in
section 3311(c)(4).
``(j) Regulations.--(1) The Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
prescribe regulations for purposes of this section.
``(2) Such regulations shall specify--
``(A) the manner of authorizing the transfer of
entitlements under this section;
``(B) the eligibility criteria in accordance with
subsection (b); and
``(C) the manner and effect of an election to modify
or revoke a transfer of entitlement under subsection
(f)(2).
``(k) Secretary Concerned Defined.--Notwithstanding section
101(25), in this section, the term `Secretary concerned'
means--
``(1) the Secretary of the Army with respect to
matters concerning the Army;
``(2) the Secretary of the Navy with respect to
matters concerning the Navy or the Marine Corps;
``(3) the Secretary of the Air Force with respect to
matters concerning the Air Force; and
``(4) the Secretary of Defense with respect to
matters concerning the Coast Guard, or the Secretary of
Homeland Security when it is not operating as a service
in the Navy.
``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS
``Sec. 3321. Time limitation for use of and eligibility for entitlement
``(a) In General.--Except as provided in this section, the
period during which an individual entitled to educational
assistance under this chapter may use such individual's
entitlement expires at the end of the 15-year period beginning
on the date of such individual's last discharge or release from
active duty.
``(b) Exceptions.--
``(1) Applicability of section 3031 to running of
period.--Subsections (b), (c), and (d) of section 3031
shall apply with respect to the running of the 15-year
period described in subsection (a) of this section in
the same manner as such subsections apply under section
3031 with respect to the running of the 10-year period
described in section 3031(a).
``(2) Applicability of section 3031 to termination.--
Section 3031(f) shall apply with respect to the
termination of an individual's entitlement to
educational assistance under this chapter in the same
manner as such section applies to the termination of an
individual's entitlement to educational assistance
under chapter 30, except that, in the administration of
such section for purposes of this chapter, the
reference to section 3013 shall be deemed to be a
reference to 3312.
``(3) Determination of last discharge or release.--
For purposes of subsection (a), an individual's last
discharge or release from active duty shall not include
any discharge or release from a period of active duty
of less than 90 days of continuous service, unless the
individual is discharged or released as described in
section 3311(b)(2).
``Sec. 3322. Bar to duplication of educational assistance benefits
``(a) In General.--An individual entitled to educational
assistance under this chapter who is also eligible for
educational assistance under chapter 30, 31, 32, or 35 of this
title, chapter 107, 1606, or 1607 of title 10, or the
provisions of the Hostage Relief Act of 1980 (Public Law 96-
449; 5 U.S.C. 5561 note) may not receive assistance under two
or more such programs concurrently, but shall elect (in such
form and manner as the Secretary may prescribe) under which
chapter or provisions to receive educational assistance.
``(b) Inapplicability of Service Treated Under Educational
Loan Repayment Programs.--A period of service counted for
purposes of repayment of an education loan under chapter 109 of
title 10 may not be counted as a period of service for
entitlement to educational assistance under this chapter.
``(c) Service in Selected Reserve.--An individual who serves
in the Selected Reserve may receive credit for such service
under only one of this chapter, chapter 30 of this title, and
chapters 1606 and 1607 of title 10, and shall elect (in such
form and manner as the Secretary may prescribe) under which
chapter such service is to be credited.
``(d) Additional Coordination Matters.--In the case of an
individual entitled to educational assistance under chapter 30,
31, 32, or 35 of this title, chapter 107, 1606, or 1607 of
title 10, or the provisions of the Hostage Relief Act of 1980,
or making contributions toward entitlement to educational
assistance under chapter 30 of this title, as of August 1,
2009, coordination of entitlement to educational assistance
under this chapter, on the one hand, and such chapters or
provisions, on the other, shall be governed by the provisions
of section 5003(c) of the Post-9/11 Veterans Educational
Assistance Act of 2008.
``Sec. 3323. Administration
``(a) In General.--
``(1) In general.--Except as otherwise provided in
this chapter, the provisions specified in section
3034(a)(1) shall apply to the provision of educational
assistance under this chapter.
``(2) Special rule.--In applying the provisions
referred to in paragraph (1) to an individual entitled
to educational assistance under this chapter for
purposes of this section, the reference in such
provisions to the term `eligible veteran' shall be
deemed to refer to an individual entitled to
educational assistance under this chapter.
``(3) Rule for applying section 3474.--In applying
section 3474 to an individual entitled to educational
assistance under this chapter for purposes of this
section, the reference in such section 3474 to the term
`educational assistance allowance' shall be deemed to
refer to educational assistance payable under section
3313.
``(4) Rule for applying section 3482.--In applying
section 3482(g) to an individual entitled to
educational assistance under this chapter for purposes
of this section--
``(A) the first reference to the term
`educational assistance allowance' in such
section 3482(g) shall be deemed to refer to
educational assistance payable under section
3313; and
``(B) the first sentence of paragraph (1) of
such section 3482(g) shall be applied as if
such sentence ended with `equipment'.
``(b) Information on Benefits.--
``(1) Timing for providing.--The Secretary shall
provide the information described in paragraph (2) to
each member of the Armed Forces at such times as the
Secretary and the Secretary of Defense shall jointly
prescribe in regulations.
``(2) Description of information.--The information
described in this paragraph is information on benefits,
limitations, procedures, eligibility requirements
(including time-in-service requirements), and other
important aspects of educational assistance under this
chapter, including application forms for such
assistance under section 5102.
``(3) To whom provided.--The Secretary of Veterans
Affairs shall furnish the information and forms
described in paragraph (2), and other educational
materials on educational assistance under this chapter,
to educational institutions, training establishments,
military education personnel, and such other persons
and entities as the Secretary considers appropriate.
``(c) Regulations.--
``(1) In general.--The Secretary shall prescribe
regulations for the administration of this chapter.
``(2) Uniformity.--Any regulations prescribed by the
Secretary of Defense for purposes of this chapter shall
apply uniformly across the Armed Forces.
``Sec. 3324. Allocation of administration and costs
``(a) Administration.--Except as otherwise provided in this
chapter, the Secretary shall administer the provision of
educational assistance under this chapter.
``(b) Costs.--Payments for entitlement to educational
assistance earned under this chapter shall be made from funds
appropriated to, or otherwise made available to, the Department
for the payment of readjustment benefits.''.
(2) Clerical amendments.--The tables of chapters at
the beginning of title 38, United States Code, and at
the beginning of part III of such title, are each
amended by inserting after the item relating to chapter
32 the following new item:
``33. Post-9/11 Educational Assistance..........................3301.''.
(b) Conforming Amendments.--
(1) Amendments relating to duplication of benefits.--
(A) Section 3033 of title 38, United States
Code, is amended--
(i) in subsection (a)(1) by inserting
``33,'' after ``32,''; and
(ii) in subsection (c) by striking
``both the program established by this
chapter and the program established by
chapter 106 of title 10'' and inserting
``two or more of the programs
established by this chapter, chapter 33
of this title, and chapters 1606 and
1607 of title 10''.
(B) Paragraph (4) of section 3695(a) of such
title is amended to read as follows:
``(4) Chapters 30, 32, 33, 34, 35, and 36.''.
(C) Section 16163(e) of title 10, United
States Code, is amended by inserting ``33,''
after ``32,''.
(2) Additional conforming amendments.--
(A) Title 38, United States Code, is further
amended by inserting ``33,'' after ``32,'' each
place it appears in the following provisions:
(i) In subsections (b) and (e)(1) of
section 3485.
(ii) In section 3688(b).
(iii) In subsections (a)(1), (c)(1),
(c)(1)(G), (d), and (e)(2) of section
3689.
(iv) In section 3690( b)(3)(A).
(v) In subsections (a) and (b) of
section 3692.
(vi) In section 3697(a).
(B) Section 3697A(b)(1) of such title is
amended by striking ``or 32'' and inserting
``32, or 33''.
(c) Applicability to Individuals Under Montgomery Gi Bill
Program.--
(1) Individuals eligible to elect participation in
post-9/11 educational assistance.--An individual may
elect to receive educational assistance under chapter
33 of title 38, United States Code (as added by
subsection (a)), if such individual--
(A) as of August 1, 2009--
(i) is entitled to basic educational
assistance under chapter 30 of title
38, United States Code, and has used,
but retains unused, entitlement under
that chapter;
(ii) is entitled to educational
assistance under chapter 107, 1606, or
1607 of title 10, United States Code,
and has used, but retains unused,
entitlement under the applicable
chapter;
(iii) is entitled to basic
educational assistance under chapter 30
of title 38, United States Code, but
has not used any entitlement under that
chapter;
(iv) is entitled to educational
assistance under chapter 107, 1606, or
1607 of title 10, United States Code,
but has not used any entitlement under
such chapter;
(v) is a member of the Armed Forces
who is eligible for receipt of basic
educational assistance under chapter 30
of title 38, United States Code, and is
making contributions toward such
assistance under section 3011(b) or
3012(c) of such title; or
(vi) is a member of the Armed Forces
who is not entitled to basic
educational assistance under chapter 30
of title 38, United States Code, by
reason of an election under section
3011(c)(1) or 3012(d)(1) of such title;
and
(B) as of the date of the individual's
election under this paragraph, meets the
requirements for entitlement to educational
assistance under chapter 33 of title 38, United
States Code (as so added).
(2) Cessation of contributions toward gi bill.--
Effective as of the first month beginning on or after
the date of an election under paragraph (1) of an
individual described by subparagraph (A)(v) of that
paragraph, the obligation of the individual to make
contributions under section 3011(b) or 3012(c) of title
38, United States Code, as applicable, shall cease, and
the requirements of such section shall be deemed to be
no longer applicable to the individual.
(3) Revocation of remaining transferred
entitlement.--
(A) Election to revoke.--If, on the date an
individual described in subparagraph (A)(i) or
(A)(iii) of paragraph (1) makes an election
under that paragraph, a transfer of the
entitlement of the individual to basic
educational assistance under section 3020 of
title 38, United States Code, is in effect and
a number of months of the entitlement so
transferred remain unutilized, the individual
may elect to revoke all or a portion of the
entitlement so transferred that remains
unutilized.
(B) Availability of revoked entitlement.--Any
entitlement revoked by an individual under this
paragraph shall no longer be available to the
dependent to whom transferred, but shall be
available to the individual instead for
educational assistance under chapter 33 of
title 38, United States Code (as so added), in
accordance with the provisions of this
subsection.
(C) Availability of unrevoked entitlement.--
Any entitlement described in subparagraph (A)
that is not revoked by an individual in
accordance with that subparagraph shall remain
available to the dependent or dependents
concerned in accordance with the current
transfer of such entitlement under section 3020
of title 38, United States Code.
(4) Post-9/11 educational assistance.--
(A) In general.--Subject to subparagraph (B)
and except as provided in paragraph (5), an
individual making an election under paragraph
(1) shall be entitled to educational assistance
under chapter 33 of title 38, United States
Code (as so added), in accordance with the
provisions of such chapter, instead of basic
educational assistance under chapter 30 of
title 38, United States Code, or educational
assistance under chapter 107, 1606, or 1607 of
title 10, United States Code, as applicable.
(B) Limitation on entitlement for certain
individuals.--In the case of an individual
making an election under paragraph (1) who is
described by subparagraph (A)(i) of that
paragraph, the number of months of entitlement
of the individual to educational assistance
under chapter 33 of title 38, United States
Code (as so added), shall be the number of
months equal to--
(i) the number of months of unused
entitlement of the individual under
chapter 30 of title 38, United States
Code, as of the date of the election,
plus
(ii) the number of months, if any, of
entitlement revoked by the individual
under paragraph (3)(A).
(5) Continuing entitlement to educational assistance
not available under 9/11 assistance program.--
(A) In general.--In the event educational
assistance to which an individual making an
election under paragraph (1) would be entitled
under chapter 30 of title 38, United States
Code, or chapter 107, 1606, or 1607 of title
10, United States Code, as applicable, is not
authorized to be available to the individual
under the provisions of chapter 33 of title 38,
United States Code (as so added), the
individual shall remain entitled to such
educational assistance in accordance with the
provisions of the applicable chapter.
(B) Charge for use of entitlement.--The
utilization by an individual of entitlement
under subparagraph (A) shall be chargeable
against the entitlement of the individual to
educational assistance under chapter 33 of
title 38, United States Code (as so added), at
the rate of one month of entitlement under such
chapter 33 for each month of entitlement
utilized by the individual under subparagraph
(A) (as determined as if such entitlement were
utilized under the provisions of chapter 30 of
title 38, United States Code, or chapter 107,
1606, or 1607 of title 10, United States Code,
as applicable).
(6) Additional post-9/11 assistance for members
having made contributions toward gi bill.--
(A) Additional assistance.--In the case of an
individual making an election under paragraph
(1) who is described by clause (i), (iii), or
(v) of subparagraph (A) of that paragraph, the
amount of educational assistance payable to the
individual under chapter 33 of title 38, United
States Code (as so added), as a monthly stipend
payable under paragraph (1)(B) of section
3313(c) of such title, or under paragraphs (2)
through (7) of that section (as applicable),
shall be the amount otherwise payable as a
monthly stipend under the applicable paragraph
increased by the amount equal to--
(i) the total amount of contributions
toward basic educational assistance
made by the individual under section
3011(b) or 3012(c) of title 38, United
States Code, as of the date of the
election, multiplied by
(ii) the fraction--
(I) the numerator of which
is--
(aa) the number of
months of entitlement
to basic educational
assistance under
chapter 30 of title 38,
United States Code,
remaining to the
individual at the time
of the election; plus
(bb) the number of
months, if any, of
entitlement under such
chapter 30 revoked by
the individual under
paragraph (3)(A); and
(II) the denominator of which
is 36 months.
(B) Months of remaining entitlement for
certain individuals.--In the case of an
individual covered by subparagraph (A) who is
described by paragraph (1)(A)(v), the number of
months of entitlement to basic educational
assistance remaining to the individual for
purposes of subparagraph (A)(ii)(I)(aa) shall
be 36 months.
(C) Timing of payment.--The amount payable
with respect to an individual under
subparagraph (A) shall be paid to the
individual together with the last payment of
the monthly stipend payable to the individual
under paragraph (1)(B) of section 3313(c) of
title 38, United States Code (as so added), or
under paragraphs (2) through (7) of that
section (as applicable), before the exhaustion
of the individual's entitlement to educational
assistance under chapter 33 of such title (as
so added).
(7) Continuing entitlement to additional assistance
for critical skills or speciality and additional
service.--An individual making an election under
paragraph (1)(A) who, at the time of the election, is
entitled to increased educational assistance under
section 3015(d) of title 38, United States Code, or
section 16131(i) of title 10, United States Code, or
supplemental educational assistance under subchapter
III of chapter 30 of title 38, United States Code,
shall remain entitled to such increased educational
assistance or supplemental educational assistance in
the utilization of entitlement to educational
assistance under chapter 33 of title 38, United States
Code (as so added), in an amount equal to the quarter,
semester, or term, as applicable, equivalent of the
monthly amount of such increased educational assistance
or supplemental educational assistance payable with
respect to the individual at the time of the election.
(8) Irrevocability of elections.--An election under
paragraph (1) or (3)(A) is irrevocable.
(d) Effective Date.--This section and the amendments made by
this section shall take effect on August 1, 2009.
INCREASE IN AMOUNTS OF BASIC EDUCATIONAL ASSISTANCE UNDER THE
MONTGOMERY GI BILL
Sec. 5004. (a) Educational Assistance Based on Three-Year
Period of Obligated Service.--Subsection (a)(1) of section 3015
of title 38, United States Code, is amended--
(1) by striking subparagraphs (A) through (C) and
inserting the following new subparagraph:
``(A) for months occurring during the period
beginning on August 1, 2008, and ending on the last day
of fiscal year 2009, $1,321; and''; and
(2) by redesignating subparagraph (D) as subparagraph
(B).
(b) Educational Assistance Based on Two-Year Period of
Obligated Service.--Subsection (b)(1) of such section is
amended--
(1) by striking subparagraphs (A) through (C) and
inserting the following new subparagraph:
``(A) for months occurring during the period
beginning on August 1, 2008, and ending on the last day
of fiscal year 2009, $1,073; and''; and
(2) by redesignating subparagraph (D) as subparagraph
(B).
(c) Modification of Mechanism for Cost-of-Living
Adjustments.--Subsection (h)(1) of such section is amended by
striking subparagraphs (A) and (B) and inserting the following
new subparagraphs:
``(A) the average cost of undergraduate
tuition in the United States, as determined by
the National Center for Education Statistics,
for the last academic year preceding the
beginning of the fiscal year for which the
increase is made, exceeds
``(B) the average cost of undergraduate
tuition in the United States, as so determined,
for the academic year preceding the academic
year described in subparagraph (A).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section
shall take effect on August 1, 2008.
(2) No cost-of-living adjustment for fiscal year
2009.--The adjustment required by subsection (h) of
section 3015 of title 38, United States Code (as
amended by this section), in rates of basic educational
assistance payable under subsections (a) and (b) of
such section (as so amended) shall not be made for
fiscal year 2009.
MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSEMENT OF STATE AND LOCAL
AGENCIES ADMINISTERING VETERANS EDUCATION BENEFITS
Sec. 5005. Section 3674(a)(4) of title 38, United States
Code, is amended by striking ``may not exceed'' and all that
follows through the end and inserting ``shall be
$19,000,000.''.
AUTHORITY TO TRANSFER UNUSED EDUCATION BENEFITS TO FAMILY MEMBERS FOR
CAREER SERVICE MEMBERS
Sec. 5006. (a) Authority to Transfer Montgomery GI Bill
Benefits to a Dependent.--Section 3020 of title 38, United
States Code, is amended--
(1) by striking the section heading and subsections
(a) and (b) and inserting the following:
``Sec. 3020. Authority to transfer unused education benefits to family
members for career service members
``(a) In General.--Subject to the provisions of this section,
the Secretary of Defense may authorize the Secretary concerned,
to promote recruitment and retention of members of the Armed
Forces, to permit an individual described in subsection (b) who
is entitled to basic educational assistance under this
subchapter to elect to transfer to one or more of the
dependents specified in subsection (c) the unused portion of
entitlement to such assistance, subject to the limitation under
subsection (d).
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is any member of the Armed Forces--
``(1) who, while serving on active duty or as a
member of the Selected Reserve at the time of the
approval by the Secretary concerned of the member's
request to transfer entitlement to basic educational
assistance under this section, has completed six years
of service in the Armed Forces and enters into an
agreement to serve at least four more years as a member
of the Armed Forces; or
``(2) as determined in regulations pursuant to
subsection (k).'';
(2) by striking subsection (d) and inserting the
following:
``(d) Limitation on Months of Transfer.--(1) An individual
approved to transfer an entitlement to basic educational
assistance under this section may transfer any unused
entitlement to one or more of the dependents specified in
subsection (c).
``(2) The total number of months of entitlement transferred
by an individual under this section may not exceed 36 months.
The Secretary of Defense may prescribe regulations that would
limit the months of entitlement that may be transferred under
this section to no less than 18 months.'';
(3) in subsection (f)(1) by striking ``without regard
to whether'' and inserting ``only while''; and
(4) in subsection (f)(2) by inserting ``as long as
the individual is serving on active duty or as a member
of the Selected Reserve'' after ``so transferred'';
(5) by adding at the end of subsection (f) the
following:
``(3) Entitlement transferred under this section may not be
treated as marital property, or the asset of a marital estate,
subject to division in a divorce or other civil proceeding.'';
(6) in subsection (h)(5) by inserting ``may use the
benefit without regard to the 10-year delimiting date,
but'' after ``under this section''; and
(7) by striking subsection (k) and inserting the
following:
``(k) Regulations.--The Secretary of Defense, in coordination
with the Secretary of Veterans Affairs, shall prescribe
regulations for purposes of this section. Such regulations
shall specify--
``(1) the manner of authorizing the military
departments to offer transfer of entitlements under
this section;
``(2) the eligibility criteria in accordance with
subsection (b);
``(3) the limitations on the amount of entitlement
eligible to be transferred; and
``(4) the manner and effect of an election to modify
or revoke a transfer of entitlement under subsection
(f)(2).''.
(b) Authority to Transfer Montgomery GI Bill for the Selected
Reserve Benefits to a Dependent.--Chapter 1606 of title 10,
United States Code, is amended by inserting after section 16132
the following:
``Sec. 16132a. Authority to transfer unused education benefits to
family members
``(a) In General.--Subject to regulation prescribed by the
Secretary of Defense, the Secretary concerned may permit a
member described in subsection (b) who is entitled to basic
educational assistance under this chapter to elect to transfer
to one or more of the dependents specified in subsection (c) a
portion of such member's entitlement to such assistance,
subject to the limitation under subsection (d).
``(b) Eligible Members.--A member referred to in subsection
(a) is a member of the Selected Reserve of the Ready Reserve
who, at the time of the approval of the member's request to
transfer entitlement to basic educational assistance under this
section, has completed--
``(1) at least six years of service in the Selected
Reserve and enters into an agreement to service at
least four more years as a member of the armed forces;
or
``(2) the years of service as determined in
regulations pursuant to subsection (j).
``(c) Eligible Dependents.--A member approved to transfer an
entitlement to basic educational assistance under this section
may transfer the member's entitlement as follows:
``(1) To the member's spouse.
``(2) To one or more of the member's children.
``(3) To a combination of the individuals referred to
in paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--The total number of
months of entitlement transferred by a member under this
section may not exceed 36 months. The Secretary of Defense may
prescribe regulations that would limit the months of
entitlement that may be transferred under this section to no
less than 18 months.
``(e) Designation of Transferee.--A member transferring an
entitlement to basic educational assistance under this section
shall--
``(1) designate the dependent or dependents to whom
such entitlement is being transferred;
``(2) designate the number of months of such
entitlement to be transferred to each such dependent;
and
``(3) specify the period for which the transfer shall
be effective for each dependent designated under
paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--(1)
Subject to the time limitation for use of entitlement under
section 16133, a member approved to transfer entitlement to
basic educational assistance under this section may transfer
such entitlement at any time after the approval of the member's
request to transfer such entitlement.
``(2) A member transferring entitlement under this section
may modify or revoke at any time the transfer of any unused
portion of the entitlement so transferred. The modification or
revocation of the transfer of entitlement under this paragraph
shall be made by the submittal of written notice of the action
to both the Secretary concerned and the Secretary of Veterans
Affairs.
``(3) Entitlement transferred under this section may not be
treated as marital property, or the asset of a marital estate,
subject to division in a divorce or other civil proceeding.
``(g) Commencement of Use.--A dependent to whom entitlement
to basic educational assistance is transferred under this
section may not commence the use of the transferred entitlement
until--
``(1) in the case of entitlement transferred to a
spouse, the completion by the member making the
transfer of at least--
``(A) six years of service in the armed
forces; or
``(B) the years of service as determined in
regulations pursuant to subsection (j); or
``(2) in the case of entitlement transferred to a
child, both--
``(A) the completion by the member making the
transfer of at least--
``(i) ten years of service in the
armed forces; or
``(ii) the years of service as
determined in regulations pursuant to
subsection (j); and
``(B) either--
``(i) the completion by the child of
the requirements of a secondary school
diploma (or equivalency certificate);
or
``(ii) the attainment by the child of
18 years of age.
``(h) Additional Administrative Matters.--(1) The use of any
entitlement to basic educational assistance transferred under
this section shall be charged against the entitlement of the
member making the transfer at the rate of one month for each
month of transferred entitlement that is used.
``(2) Except as provided under subsection (e)(2) and subject
to paragraphs (5) and (6), a dependent to whom entitlement is
transferred under this section is entitled to basic educational
assistance under this chapter in the same manner as the member
from whom the entitlement was transferred.
``(3) The monthly rate of educational assistance payable to a
dependent to whom entitlement is transferred under this section
shall be the monthly amount payable under sections 16131 and
16131a to the member making the transfer.
``(4) The death of a member transferring an entitlement under
this section shall not affect the use of the entitlement by the
dependent to whom the entitlement is transferred.
``(5) The involuntary separation or retirement of the
member--
``(A) because of a nondiscretionary provision of law
for age or years of service;
``(B) because of a policy prescribed by the Secretary
concerned mandating such separation or retirement based
solely on age or years of service for the prescribed
pay grade of an enlisted member;
``(C) under section 16133(b); or
``(D) because of medical disqualification which is
not the result of gross negligence or misconduct of the
member,
shall not affect the use of entitlement by the dependent to
whom the entitlement is transferred.
``(6) A child to whom entitlement is transferred under this
section may not use any entitlement so transferred after
attaining the age of 26 years.
``(7) The administrative provisions of this chapter shall
apply to the use of entitlement transferred under this section,
except that the dependent to whom the entitlement is
transferred shall be treated as the eligible member for
purposes of such provisions.
``(8) The purposes for which a dependent to whom entitlement
is transferred under this section may use such entitlement
shall include the pursuit and completion of the requirements of
a secondary school diploma (or equivalency certificate).
``(i) Overpayment.--(1) In the event of an overpayment of
basic educational assistance with respect to a dependent to
whom entitlement is transferred under this section, the
dependent and the member making the transfer shall be jointly
and severally liable to the United States for the amount of the
overpayment for purposes of section 3685 of title 38.
``(2) Except as provided in paragraph (3), if a member's
whose eligibility is terminated under section 16134(2), the
amount of any transferred entitlement under this section that
is used by a dependent of the member as of the date of such
termination shall be treated as an overpayment of basic
educational assistance under paragraph (1).
``(3) Paragraph (2) shall not apply in the case of a member
who fails to complete service agreed to by the member--
``(A) by reason of the death of the member; or
``(B) for a reason referred to in section 16133(b).
``(j) Regulations.--The Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, shall prescribe
regulations for purposes of this section. Such regulations
shall specify--
``(1) the manner of authorizing the military
departments to offer transfer of entitlements under
this section;
``(2) the eligibility criteria in accordance with
subsection (b);
``(3) the manner and effect of an election to modify
or revoke a transfer of entitlement under subsection
(f)(2); and
``(4) the manner in which the provisions referred to
in subsections (h)(4) and (5) shall be administered
with respect to a dependent to whom entitlement is
transferred under this section.''.
(c) Authority to Transfer Reserve Educational Assistance
Program Benefits to a Dependent.--Chapter 1607 of such title is
amended by inserting after section 16163 the following:
``Sec. 16163a. Authority to transfer unused education benefits to
family members
``(a) In General.--Subject to the provisions of this section,
the Secretary concerned may permit, at such Secretary's sole
discretion, a member described in subsection (b) who is
entitled to basic educational assistance under this chapter to
elect to transfer to one or more of the dependents specified in
subsection (c) a portion of such member's entitlement to such
assistance, subject to the limitation under subsection (d).
``(b) Eligible Members.--A member referred to in subsection
(a) is a member of the armed forces who, at the time of the
approval of the member's request to transfer entitlement to
basic educational assistance under this section, has completed
at least--
``(1) six years of service in the armed forces and
enters into an agreement to serve at least four more
years as a member of the armed forces; or
``(2) the years of service as determined in
regulations pursuant to section (j).
``(c) Eligible Dependents.--A member approved to transfer an
entitlement to basic educational assistance under this section
may transfer the member's entitlement as follows:
``(1) To the member's spouse.
``(2) To one or more of the member's children.
``(3) To a combination of the individuals referred to
in paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--The total number of
months of entitlement transferred by a member under this
section may not exceed 36 months. The Secretary of Defense may
prescribe regulations that would limit the months of
entitlement that may be transferred under this section to no
less than 18 months.
``(e) Designation of Transferee.--A member transferring an
entitlement to basic educational assistance under this section
shall--
``(1) designate the dependent or dependents to whom
such entitlement is being transferred;
``(2) designate the number of months of such
entitlement to be transferred to each such dependent;
and
``(3) specify the period for which the transfer shall
be effective for each dependent designated under
paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--(1)
Subject to the time limitation for use of entitlement under
section 16164, a member approved to transfer entitlement to
basic educational assistance under this section may transfer
such entitlement only while serving as a member of the armed
forces when the transfer is executed.
``(2) A member transferring entitlement under this section
may modify or revoke at any time the transfer of any unused
portion of the entitlement so transferred. The modification or
revocation of the transfer of entitlement under this paragraph
shall be made by the submittal of written notice of the action
to both the Secretary concerned and the Secretary of Veterans
Affairs.
``(3) Entitlement transferred under this section may not be
treated as marital property, or the asset of a marital estate,
subject to division in a divorce or other civil proceeding.
``(g) Commencement of Use.--A dependent to whom entitlement
to basic educational assistance is transferred under this
section may not commence the use of the transferred entitlement
until--
``(1) in the case of entitlement transferred to a
spouse, the completion by the member making the
transfer of at least--
``(A) six years of service in the armed
forces; or
``(B) the years of service as determined in
regulations pursuant to subsection (j); or
``(2) in the case of entitlement transferred to a
child, both--
``(A) the completion by the member making the
transfer of at least--
``(i) ten years of service in the
armed forces; or
``(ii) the years of service as
determined in regulations pursuant to
subsection (j); and
``(B) either--
``(i) the completion by the child of
the requirements of a secondary school
diploma (or equivalency certificate);
or
``(ii) the attainment by the child of
18 years of age.
``(h) Additional Administrative Matters.--(1) The use of any
entitlement to basic educational assistance transferred under
this section shall be charged against the entitlement of the
member making the transfer at the rate of one month for each
month of transferred entitlement that is used.
``(2) Except as provided under subsection (e)(2) and subject
to paragraphs (5) and (6), a dependent to whom entitlement is
transferred under this section is entitled to basic educational
assistance under this chapter in the same manner as the member
from whom the entitlement was transferred.
``(3) The monthly rate of educational assistance payable to a
dependent to whom entitlement is transferred under this section
shall be the monthly amount payable under sections 16162 and
16162a to the member making the transfer.
``(4) The death of a member transferring an entitlement under
this section shall not affect the use of the entitlement by the
dependent to whom the entitlement is transferred.
``(5) Notwithstanding section 16164(a)(2), a child to whom
entitlement is transferred under this section may use the
benefit without regard to the 10-year delimiting date, but may
not use any entitlement so transferred after attaining the age
of 26 years.
``(6) The administrative provisions of this chapter shall
apply to the use of entitlement transferred under this section,
except that the dependent to whom the entitlement is
transferred shall be treated as the eligible member for
purposes of such provisions.
``(7) The purposes for which a dependent to whom entitlement
is transferred under this section may use such entitlement
shall include the pursuit and completion of the requirements of
a secondary school diploma (or equivalency certificate).
``(i) Overpayment.--
``(1) Joint and several liability.--In the event of
an overpayment of basic educational assistance with
respect to a dependent to whom entitlement is
transferred under this section, the dependent and the
member making the transfer shall be jointly and
severally liable to the United States for the amount of
the overpayment for purposes of section 3685 of title
38.
``(2) Failure to complete service agreement.--Except
as provided in paragraph (3), if an individual
transferring entitlement under this section fails to
complete the service agreed to by the individual under
subsection (b)(1) in accordance with the terms of the
agreement of the individual under that subsection, the
amount of any transferred entitlement under this
section that is used by a dependent of the individual
as of the date of such failure shall be treated as an
overpayment of educational assistance under paragraph
(1).
``(3) Paragraph (2) shall not apply in the case of an
individual who fails to complete service agreed to by
the individual--
``(A) by reason of the death of the
individual; or
``(B) for a reason referred to in section
16133(b).
``(j) Regulations.--(1) The Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
prescribe regulations for purposes of this section.
``(2) Such regulations shall specify--
``(A) the manner of authorizing the transfer of
entitlements under this section;
``(B) the eligibility criteria in accordance with
subsection (b); and
``(C) the manner and effect of an election to modify
or revoke a transfer of entitlement under subsection
(f)(2).
``(k) Secretary Concerned Defined.--For purposes of this
section, the term `Secretary concerned' has the meaning given
in section 101(a)(9) in the case of a member of the armed
forces.''.
(d) Conforming Amendments.--Section 16133(a) of title 10,
United States Code, is amended by striking ``(1)'' and all that
follows through the period at the end of the subsection and
inserting ``on the date the person is separated from the
Selected Reserve.''.
(e) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 30 of title 38, United States Code, is
amended by striking the item relating to section 3020 and
inserting the following new item:
``3020. Authority to transfer unused education benefits to family
members of career service members.''.
(2) The table of sections at the beginning of chapter 1606 of
title 10, United States Code, is amended by inserting after the
item relating to section 16132 the following new item:
``16132a. Authority to transfer unused education benefits to family
members.''.
(3) The table of sections at the beginning of chapter 1607 of
such title is amended by inserting after the item relating to
section 16163 the following new item:
``16163a. Authority to transfer unused education benefits to family
members.''.
TITLE VI--ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT CONTRACTING
CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE
SHORT TITLE
Sec. 6101. This chapter may be cited as the ``Close the
Contractor Fraud Loophole Act''.
REVISION OF THE FEDERAL ACQUISITION REGULATION
Sec. 6102. The Federal Acquisition Regulation shall be
amended within 180 days after the date of the enactment of this
Act pursuant to FAR Case 2007-006 (as published at 72 Fed Reg.
64019, November 14, 2007) or any follow-on FAR case to include
provisions that require timely notification by Federal
contractors of violations of Federal criminal law or
overpayments in connection with the award or performance of
covered contracts or subcontracts, including those performed
outside the United States and those for commercial items.
DEFINITION
Sec. 6103. In this chapter, the term ``covered contract''
means any contract in an amount greater than $5,000,000 and
more than 120 days in duration.
CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY
SHORT TITLE
Sec. 6201. This chapter may be cited as the ``Government
Funding Transparency Act of 2008''.
FINANCIAL DISCLOSURE REQUIREMENTS FOR CERTAIN RECIPIENTS OF FEDERAL
AWARDS
Sec. 6202. (a) Disclosure Requirements.--Section 2(b)(1) of
the Federal Funding Accountability and Transparency Act (Public
Law 109-282; 31 U.S.C. 6101 note) is amended--
(1) by striking ``and'' at the end of subparagraph
(E);
(2) by redesignating subparagraph (F) as subparagraph
(G); and
(3) by inserting after subparagraph (E) the following
new subparagraph:
``(F) the names and total compensation of the
five most highly compensated officers of the
entity if--
``(i) the entity in the preceding
fiscal year received--
``(I) 80 percent or more of
its annual gross revenues in
Federal awards; and
``(II) $25,000,000 or more in
annual gross revenues from
Federal awards; and
``(ii) the public does not have
access to information about the
compensation of the senior executives
of the entity through periodic reports
filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104
of the Internal Revenue Code of
1986.''.
(b) Regulations Required.--The Director of the Office of
Management and Budget shall promulgate regulations to implement
the amendment made by this chapter. Such regulations shall
include a definition of ``total compensation'' that is
consistent with regulations of the Securities and Exchange
Commission at section 402 of part 229 of title 17 of the Code
of Federal Regulations (or any subsequent regulation).
TITLE VII--MEDICAID PROVISIONS
Sec. 7001. (a) Moratoria on Certain Medicaid Regulations.--
(1) Extension of certain moratoria in public law 110-
28.--Section 7002(a)(1) of the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law
110-28) is amended--
(A) by striking ``prior to the date that is 1
year after the date of enactment of this Act''
and inserting ``prior to April 1, 2009'';
(B) in subparagraph (A), by inserting after
``Federal Regulations)'' the following: ``or in
the final regulation, relating to such parts,
published on May 29, 2007 (72 Federal Register
29748) and determined by the United States
District Court for the District of Columbia to
have been `improperly promulgated', Alameda
County Medical Center, et al., v. Leavitt, et
al., Civil Action No. 08-0422, Mem. at 4
(D.D.C. May 23, 2008)''; and
(C) in subparagraph (C), by inserting before
the period at the end the following: ``,
including the proposed regulation published on
May 23, 2007 (72 Federal Register 28930)''.
(2) Extension of certain moratoria in public law 110-
173.--Section 206 of the Medicare, Medicaid, and SCHIP
Extension Act of 2007 (Public Law 110-173) is amended--
(A) by striking ``June 30, 2008'' and
inserting ``April 1, 2009'';
(B) by inserting ``, including the proposed
regulation published on August 13, 2007 (72
Federal Register 45201),'' after
``rehabilitation services''; and
(C) by inserting ``, including the final
regulation published on December 28, 2007 (72
Federal Register 73635),'' after ``school-based
transportation''.
(3) Additional moratoria.--
(A) In general.--Notwithstanding any other
provision of law, the Secretary of Health and
Human Services shall not, prior to April 1,
2009, take any action (through promulgation of
regulation, issuance of regulatory guidance,
use of Federal payment audit procedures, or
other administrative action, policy, or
practice, including a Medical Assistance Manual
transmittal or letter to State Medicaid
directors) to impose any restrictions relating
to a provision described in subparagraph (B) or
(C) if such restrictions are more restrictive
in any aspect than those applied to the
respective provision as of the date specified
in subparagraph (D) for such provision.
(B) Portion of interim final regulation
relating to medicaid treatment of optional case
management services.--
(i) In general.--Subject to clause
(ii), the provision described in this
subparagraph is the interim final
regulation relating to optional State
plan case management services under the
Medicaid program published on December
4, 2007 (72 Federal Register 68077) in
its entirety.
(ii) Exception.--The provision
described in this subparagraph does not
include the portion of such regulation
as relates directly to implementing
section 1915(g)(2)(A)(ii) of the Social
Security Act, as amended by section
6052 of the Deficit Reduction Act of
2005 (Public Law 109-171), through the
definition of case management services
and targeted case management services
contained in proposed section 440.169
of title 42, Code of Federal
Regulations, but only to the extent
that such portion is not more
restrictive than the policies set forth
in the Dear State Medicaid Director
letter on case management issued on
January 19, 2001 (SMDL #01-013), and
with respect to community transition
case management, the Dear State
Medicaid Director letter issued on July
25, 2000 (Olmstead Update 3).
(C) Portion of proposed regulation relating
to medicaid allowable provider taxes.--
(i) In general.--Subject to clause
(ii), the provision described in this
subparagraph is the final regulation
relating to health-care-related taxes
under the Medicaid program published on
February 22, 2008 (73 Federal Register
9685) in its entirety.
(ii) Exception.--The provision
described in this subparagraph does not
include the portions of such regulation
as relate to the following:
(I) Reduction in threshold.--
The reduction from 6 percent to
5.5 percent in the threshold
applied under section
433.68(f)(3)(i) of title 42,
Code of Federal Regulations,
for determining whether or not
there is an indirect guarantee
to hold a taxpayer harmless, as
required to carry out section
1903(w)(4)(C)(ii) of the Social
Security Act, as added by
section 403 of the Medicare
Improvement and Extension Act
of 2006 (division B of Public
Law 109-432).
(II) Change in definition of
managed care.--The change in
the definition of managed care
as proposed in the revision of
section 433.56(a)(8) of title
42, Code of Federal
Regulations, as required to
carry out section
1903(w)(7)(A)(viii) of the
Social Security Act, as amended
by section 6051 of the Deficit
Reduction Act of 2005 (Public
Law 109-171).
(D) Date specified.--The date specified in
this subparagraph for the provision described
in--
(i) subparagraph (B) is December 3,
2007; or
(ii) subparagraph (C) is February 21,
2008.
(b) Funds to Reduce Medicaid Fraud and Abuse.--
(1) In general.--For purposes of reducing fraud and
abuse in the Medicaid program under title XIX of the
Social Security Act--
(A) there is appropriated to the Office of
the Inspector General of the Department of
Health and Human Services, out of any money in
the Treasury not otherwise appropriated,
$25,000,000, for fiscal year 2009; and
(B) there is authorized to be appropriated to
such Office $25,000,000 for fiscal year 2010
and each subsequent fiscal year.
Amounts appropriated under this section shall remain
available for expenditure until expended and shall be
in addition to any other amounts appropriated or made
available to such Office for such purposes with respect
to the Medicaid program.
(2) Annual report.--Not later than September 30 of
2009 and of each subsequent year, the Inspector General
of the Department of Health and Human Services shall
submit to the Committees on Energy and Commerce and
Appropriations of the House of Representatives and the
Committees on Finance and Appropriations of the Senate
a report on the activities (and the results of such
activities) funded under paragraph (1) to reduce waste,
fraud, and abuse in the Medicaid program under title
XIX of the Social Security Act during the previous 12
month period, including the amount of funds
appropriated under such paragraph for each such
activity and an estimate of the savings to the Medicaid
program resulting from each such activity.
(c) Study and Reports to Congress.--
(1) Secretarial report identifying problems.--Not
later than January 1, 2009, the Secretary of Health and
Human Services shall submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Finance of the Senate a report that--
(A) outlines the specific problems the
Medicaid regulations referred to in the
amendments made by paragraphs (1) and (2) of
subsection (a) were intended to address;
(B) details how these regulations were
designed to address these specific problems;
and
(C) cites the legal authority for such
regulations.
(2) Independent comprehensive study and report.--
(A) In general.--Not later than January 1,
2009, the Secretary of Health and Human
Services shall enter into a contract with an
independent organization for the purpose of--
(i) producing a comprehensive report
on the prevalence of the problems
outlined in the report submitted under
paragraph (1);
(ii) identifying strategies in
existence to address these problems;
and
(iii) assessing the impact of each
regulation referred to in such
paragraph on each State and the
District of Columbia.
(B) Additional matter.--The report under
subparagraph (A) shall also include--
(i) an identification of which claims
for items and services (including
administrative activities) under title
XIX of the Social Security Act are not
processed through systems described in
section 1903(r) of such Act;
(ii) an examination of the reasons
why these claims for such items and
services are not processed through such
systems; and
(iii) recommendations on actions by
the Federal government and the States
that can make claims for such items and
services more accurate and complete
consistent with such title.
(C) Deadline.--The report under subparagraph
(A) shall be submitted to the Committee on
Energy and Commerce of the House of
Representatives and the Committee on Finance of
the Senate not later than September 1, 2009.
(D) Cooperation of states.--If the Secretary
of Health and Human Services determines that a
State or the District of Columbia has not
cooperated with the independent organization
for purposes of the report under this
paragraph, the Secretary shall reduce the
amount paid to the State or District under
section 1903(a) of the Social Security Act (42
U.S.C. 1396b(a)) by $25,000 for each day on
which the Secretary determines such State or
District has not so cooperated. Such reduction
shall be made through a process that permits
the State or District to challenge the
Secretary's determination.
(3) Funding.--
(A) In general.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated to the
Secretary without further appropriation,
$5,000,000 to carry out this subsection.
(B) Availability; amounts in addition to
other amounts appropriated for such
activities.--Amounts appropriated pursuant to
subparagraph (A) shall--
(i) remain available until expended;
and
(ii) be in addition to any other
amounts appropriated or made available
to the Secretary of Health and Human
Services with respect to the Medicaid
program.
(d) Asset Verification Through Access to Information Held by
Financial Institutions.--
(1) Addition of authority.--Title XIX of the Social
Security Act is amended by inserting after section 1939
the following new section:
``ASSET VERIFICATION THROUGH ACCESS TO INFORMATION HELD BY FINANCIAL
INSTITUTIONS
``Sec. 1940. (a) Implementation.--
``(1) In general.--Subject to the provisions of this
section, each State shall implement an asset
verification program described in subsection (b), for
purposes of determining or redetermining the
eligibility of an individual for medical assistance
under the State plan under this title.
``(2) Plan submittal.--In order to meet the
requirement of paragraph (1), each State shall--
``(A) submit not later than a deadline
specified by the Secretary consistent with
paragraph (3), a State plan amendment under
this title that describes how the State intends
to implement the asset verification program;
and
``(B) provide for implementation of such
program for eligibility determinations and
redeterminations made on or after 6 months
after the deadline established for submittal of
such plan amendment.
``(3) Phase-in.--
``(A) In general.--
``(i) Implementation in current asset
verification demo states.--The
Secretary shall require those States
specified in subparagraph (C) (to which
an asset verification program has been
applied before the date of the
enactment of this section) to implement
an asset verification program under
this subsection by the end of fiscal
year 2009.
``(ii) Implementation in other
states.--The Secretary shall require
other States to submit and implement an
asset verification program under this
subsection in such manner as is
designed to result in the application
of such programs, in the aggregate for
all such other States, to enrollment of
approximately, but not less than, the
following percentage of enrollees, in
the aggregate for all such other
States, by the end of the fiscal year
involved:
``(I) 12.5 percent by the end
of fiscal year 2009.
``(II) 25 percent by the end
of fiscal year 2010.
``(III) 50 percent by the end
of fiscal year 2011.
``(IV) 75 percent by the end
of fiscal year 2012.
``(V) 100 percent by the end
of fiscal year 2013.
``(B) Consideration.--In selecting States
under subparagraph (A)(ii), the Secretary shall
consult with the States involved and take into
account the feasibility of implementing asset
verification programs in each such State.
``(C) States specified.--The States specified
in this subparagraph are California, New York,
and New Jersey.
``(D) Construction.--Nothing in subparagraph
(A)(ii) shall be construed as preventing a
State from requesting, and the Secretary from
approving, the implementation of an asset
verification program in advance of the deadline
otherwise established under such subparagraph.
``(4) Exemption of territories.--This section shall
only apply to the 50 States and the District of
Columbia.
``(b) Asset Verification Program.--
``(1) In general.--For purposes of this section, an
asset verification program means a program described in
paragraph (2) under which a State--
``(A) requires each applicant for, or
recipient of, medical assistance under the
State plan under this title on the basis of
being aged, blind, or disabled to provide
authorization by such applicant or recipient
(and any other person whose resources are
required by law to be disclosed to determine
the eligibility of the applicant or recipient
for such assistance) for the State to obtain
(subject to the cost reimbursement requirements
of section 1115(a) of the Right to Financial
Privacy Act but at no cost to the applicant or
recipient) from any financial institution
(within the meaning of section 1101(1) of such
Act) any financial record (within the meaning
of section 1101(2) of such Act) held by the
institution with respect to the applicant or
recipient (and such other person, as
applicable), whenever the State determines the
record is needed in connection with a
determination with respect to such eligibility
for (or the amount or extent of) such medical
assistance; and
``(B) uses the authorization provided under
subparagraph (A) to verify the financial
resources of such applicant or recipient (and
such other person, as applicable), in order to
determine or redetermine the eligibility of
such applicant or recipient for medical
assistance under the State plan.
``(2) Program described.--A program described in this
paragraph is a program for verifying individual assets
in a manner consistent with the approach used by the
Commissioner of Social Security under section
1631(e)(1)(B)(ii).
``(c) Duration of Authorization.--Notwithstanding section
1104(a)(1) of the Right to Financial Privacy Act, an
authorization provided to a State under subsection (b)(1) shall
remain effective until the earliest of--
``(1) the rendering of a final adverse decision on
the applicant's application for medical assistance
under the State's plan under this title;
``(2) the cessation of the recipient's eligibility
for such medical assistance; or
``(3) the express revocation by the applicant or
recipient (or such other person described in subsection
(b)(1), as applicable) of the authorization, in a
written notification to the State.
``(d) Treatment of Right to Financial Privacy Act
Requirements.--
``(1) An authorization obtained by the State under
subsection (b)(1) shall be considered to meet the
requirements of the Right to Financial Privacy Act for
purposes of section 1103(a) of such Act, and need not
be furnished to the financial institution,
notwithstanding section 1104(a) of such Act.
``(2) The certification requirements of section
1103(b) of the Right to Financial Privacy Act shall not
apply to requests by the State pursuant to an
authorization provided under subsection (b)(1).
``(3) A request by the State pursuant to an
authorization provided under subsection (b)(1) is
deemed to meet the requirements of section 1104(a)(3)
of the Right to Financial Privacy Act and of section
1102 of such Act, relating to a reasonable description
of financial records.
``(e) Required Disclosure.--The State shall inform any person
who provides authorization pursuant to subsection (b)(1)(A) of
the duration and scope of the authorization.
``(f) Refusal or Revocation of Authorization.--If an
applicant for, or recipient of, medical assistance under the
State plan under this title (or such other person described in
subsection (b)(1), as applicable) refuses to provide, or
revokes, any authorization made by the applicant or recipient
(or such other person, as applicable) under subsection
(b)(1)(A) for the State to obtain from any financial
institution any financial record, the State may, on that basis,
determine that the applicant or recipient is ineligible for
medical assistance.
``(g) Use of Contractor.--For purposes of implementing an
asset verification program under this section, a State may
select and enter into a contract with a public or private
entity meeting such criteria and qualifications as the State
determines appropriate, consistent with requirements in
regulations relating to general contracting provisions and with
section 1903(i)(2). In carrying out activities under such
contract, such an entity shall be subject to the same
requirements and limitations on use and disclosure of
information as would apply if the State were to carry out such
activities directly.
``(h) Technical Assistance.--The Secretary shall provide
States with technical assistance to aid in implementation of an
asset verification program under this section.
``(i) Reports.--A State implementing an asset verification
program under this section shall furnish to the Secretary such
reports concerning the program, at such times, in such format,
and containing such information as the Secretary determines
appropriate.
``(j) Treatment of Program Expenses.--Notwithstanding any
other provision of law, reasonable expenses of States in
carrying out the program under this section shall be treated,
for purposes of section 1903(a), in the same manner as State
expenditures specified in paragraph (7) of such section.''.
(2) State plan requirements.--Section 1902(a) of such
Act (42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (69) by striking ``and'' at
the end;
(B) in paragraph (70) by striking the period
at the end and inserting ``; and''; and
(C) by inserting after paragraph (70), as so
amended, the following new paragraph:
``(71) provide that the State will implement an asset
verification program as required under section 1940.''.
(3) Withholding of federal matching payments for
noncompliant states.--Section 1903(i) of such Act (42
U.S.C. 1396b(i)) is amended--
(A) in paragraph (22) by striking ``or'' at
the end;
(B) in paragraph (23) by striking the period
at the end and inserting ``; or''; and
(C) by adding after paragraph (23) the
following new paragraph:
``(24) if a State is required to implement an asset
verification program under section 1940 and fails to
implement such program in accordance with such section,
with respect to amounts expended by such State for
medical assistance for individuals subject to asset
verification under such section, unless--
``(A) the State demonstrates to the
Secretary's satisfaction that the State made a
good faith effort to comply;
``(B) not later than 60 days after the date
of a finding that the State is in
noncompliance, the State submits to the
Secretary (and the Secretary approves) a
corrective action plan to remedy such
noncompliance; and
``(C) not later than 12 months after the date
of such submission (and approval), the State
fulfills the terms of such corrective action
plan.''.
(4) Repeal.--Section 4 of Public Law 110-90 is
repealed.
Sec. 7002. (a) Medicare Improvement Fund.--Title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) is amended by
adding at the end the following new section:
``MEDICARE IMPROVEMENT FUND
``Sec. 1898. (a) Establishment.--The Secretary shall
establish under this title a Medicare Improvement Fund (in this
section referred to as the `Fund') which shall be available to
the Secretary to make improvements under the original fee-for-
service program under parts A and B for individuals entitled
to, or enrolled for, benefits under part A or enrolled under
part B.
``(b) Funding.--
``(1) In general.--There shall be available to the
Fund, for expenditures from the Fund for services
furnished during fiscal year 2014, $2,220,000,000.
``(2) Payment from trust funds.--The amount specified
under paragraph (1) shall be available to the Fund, as
expenditures are made from the Fund, from the Federal
Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund in such
proportion as the Secretary determines appropriate.
``(3) Funding limitation.--Amounts in the Fund shall
be available in advance of appropriations but only if
the total amount obligated from the Fund does not
exceed the amount available to the Fund under paragraph
(1). The Secretary may obligate funds from the Fund
only if the Secretary determines (and the Chief Actuary
of the Centers for Medicare & Medicaid Services and the
appropriate budget officer certify) that there are
available in the Fund sufficient amounts to cover all
such obligations incurred consistent with the previous
sentence.''.
(b) Medicaid Improvement Fund.-- Title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), as amended by section
7001(d), is further amended by adding at the end the following
new section:
``MEDICAID IMPROVEMENT FUND
``Sec. 1941. (a) Establishment.--The Secretary shall
establish under this title a Medicaid Improvement Fund (in this
section referred to as the `Fund') which shall be available to
the Secretary to improve the management of the Medicaid program
by the Centers for Medicare & Medicaid Services, including
oversight of contracts and contractors and evaluation of
demonstration projects. Payments made for activities under this
subsection shall be in addition to payments that would
otherwise be made for such activities.
``(b) Funding.--
``(1) In general.--There shall be available to the
Fund, for expenditures from the Fund--
``(A) for fiscal year 2014, $100,000,000; and
``(B) for fiscal years 2015 through 2018,
$150,000,000.
``(2) Funding limitation.--Amounts in the Fund shall
be available in advance of appropriations but only if
the total amount obligated from the Fund does not
exceed the amount available to the Fund under paragraph
(1). The Secretary may obligate funds from the Fund
only if the Secretary determines (and the Chief Actuary
of the Centers for Medicare & Medicaid Services and the
appropriate budget officer certify) that there are
available in the Fund sufficient amounts to cover all
such obligations incurred consistent with the previous
sentence.''.
(c) Adjustment to PAQI Fund.--Section 1848(l)(2) of the
Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by
section 101(a)(2) of the Medicare, Medicaid, and SCHIP
Extension Act of 2007 (Public Law 110-173), is amended--
(1) in subparagraph (A)(i)--
(A) in subclause (III), by striking
``$4,960,000,000'' and inserting
``$4,670,000,000''; and
(B) by adding at the end the following new
subclause:
``(IV) For expenditures
during 2014, an amount equal to
$290,000,000.'';
(2) in subparagraph (A)(ii), by adding at the end the
following new subclause:
``(IV) 2014.--The amount
available for expenditures
during 2014 shall only be
available for an adjustment to
the update of the conversion
factor under subsection (d) for
that year.''; and
(3) in subparagraph (B)--
(A) in clause (ii), by striking ``and'' at
the end;
(B) in clause (iii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following new
clause:
``(iv) 2014 for payment with respect
to physicians' services furnished
during 2014.''.
TITLE VIII--GENERAL PROVISIONS, THIS ACT
AVAILABILITY OF FUNDS
Sec. 8001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
EMERGENCY DESIGNATION
Sec. 8002. Each amount in each title of this Act is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to section 204(a) of S. Con. Res. 21
(110th Congress) and section 301(b)(2) of S. Con. Res. 70
(110th Congress), the concurrent resolutions on the budget for
fiscal years 2008 and 2009.
REDUCTION IN DEFENSE AMOUNTS
Sec. 8003. Notwithstanding any other provision of this Act,
the total amount appropriated in chapter 1 of title IX of this
Act under the headings ``Procurement'', ``Research,
Development, Test and Evaluation'', and ``Defense Working
Capital Funds'' is hereby reduced by $3,577,845,000. Such
reduction shall be applied proportionally to each appropriation
account under such headings, and to each program, project, and
activity within each such appropriation account.
JOINT BASING INITIATIVES
Sec. 8004. Section 9310 of this Act is amended by inserting
``, except funds deposited in the Department of Defense Base
Closure Account 2005,'' after ``None of the funds available to
the Department of Defense''.
DEFENSE HEALTH PROGRAM
Sec. 8005. Amounts provided for ``Defense Health Program''
in Public Law 110-28 for Post Traumatic Stress Disorder and
Traumatic Brain Injury (TBI) within operation and maintenance
which remain available for obligation shall be made available
for psychological health and traumatic brain injury.
SHORT TITLE
Sec. 8006. This Act may be cited as the ``Supplemental
Appropriations Act, 2008''.
Page 60 of the Senate engrossed amendment (of September 6,
2007) to H.R. 2642, strike lines 1 through 3.