[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2642 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
May 15, 2008.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 2642) entitled ``An Act making appropriations for
military construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2008, and for other
purposes'', with the following
HOUSE AMENDMENTS TO SENATE AMENDMENT:
(1)Page 60 of the Senate engrossed amendment, after line 3, insert the
following:
TITLE X--POLICY REGARDING OPERATIONS IN IRAQ
sense of congress regarding united states military personnel
Sec. 10001. It is the sense of the Congress that the performance
of United States military personnel should be commended, their courage
and sacrifice have been exceptional, and when they come home, their
service should be recognized appropriately.
units deployed for combat to be fully mission capable
Sec. 10002. (a) The Congress finds that it is the policy of the
Department of Defense that units should not be deployed for combat
unless they are rated ``fully mission capable''.
(b) None of the funds made available in this or any other Act may
be used to deploy any unit of the Armed Forces to Iraq unless the
President has certified in writing to the Committees on Appropriations
and the Committees on Armed Services of the House of Representatives
and the Senate at least 15 days in advance of the deployment that the
unit is fully mission capable in advance of entry into Iraq.
(c) For purposes of subsection (b), the term ``fully mission
capable'' means capable of performing assigned mission essential tasks
to the prescribed standards under the conditions expected in the
theater of operation, consistent with the guidelines set forth in the
DoD Directive 7730.65, Subject: Department of Defense Readiness
Reporting System; the Interim Force Allocation Guidance to the Global
Force Management Board, dated February 6, 2008; and Army Regulation
220-1, Subject: Unit Status Reporting, dated December 19, 2006.
(d) The President, by certifying in writing to the Committees on
Appropriations and the Committees on Armed Services of the House of
Representatives and the Senate that the deployment to Iraq of a unit
that is not assessed mission capable is required for reasons of
national security and by submitting along with the certification a
report in classified and unclassified form detailing the particular
reason or reasons why the unit's deployment is necessary despite the
unit commander's assessment that the unit is not mission capable, may
waive the limitations prescribed in subsection (b) on a unit-by-unit
basis.
time limit on combat deployments
Sec. 10003. (a) The Congress finds that it is the policy of the
Department of Defense that Army, Army Reserve, and National Guard units
should not be deployed for combat beyond 365 days and that Marine Corps
and Marine Corps Reserve units should not be deployed for combat beyond
210 days.
(b) None of the funds made available in this or any other Act may
be obligated or expended to initiate the development of, continue the
development of, or execute any order that has the effect of extending
the deployment for Operation Iraqi Freedom of--
(1) any unit of the Army, Army Reserve, or Army National
Guard beyond 365 days; or
(2) any unit of the Marine Corps or Marine Corps Reserve
beyond 210 days.
(c) The limitation prescribed in subsection (b) shall not be
construed to require force levels in Iraq to be decreased below the
total United States force levels in Iraq as of January 9, 2007.
(d) The President may waive the limitations prescribed in
subsection (b) on a unit-by-unit basis if the President certifies in
writing to the Committees on Appropriations and the Committees on Armed
Services of the House of Representatives and the Senate that the
extension of a unit's deployment in Iraq beyond the period applicable
to the unit under such subsection is required for reasons of national
security. The certification shall include a report, in classified and
unclassified form, detailing the particular reason or reasons why the
unit's extended deployment is necessary.
dwell time between combat deployments
Sec. 10004. (a) The Congress finds that it is the policy of the
Department of Defense that an Army, Army Reserve, or National Guard
unit should not be redeployed for combat if the unit has been deployed
within the previous 365 consecutive days and that a Marine Corps or
Marine Corps Reserve unit should not be redeployed for combat if the
unit has been deployed within the previous 210 days.
(b) None of the funds made available in this or any other Act may
be obligated or expended to initiate the development of, continue the
development of, or execute any order that has the effect of deploying
for Operation Iraqi Freedom of--
(1) any unit of the Army, Army Reserve, or Army National
Guard if such unit has been deployed within the previous 365
consecutive days; or
(2) any unit of the Marine Corps or Marine Corps Reserve if
such unit has been deployed within the previous 210 consecutive
days.
(c) The limitation prescribed in subsection (b) shall not be
construed to require force levels in Iraq to be decreased below the
total United States force levels in Iraq as of January 9, 2007.
(d) The President may waive the limitations prescribed in
subsection (b) on a unit-by-unit basis if the President certifies in
writing to the Committees on Appropriations and the Committees on Armed
Services of the House of Representatives and the Senate that the
redeployment of a unit to Iraq in advance of the expiration of the
period applicable to the unit under such subsection is required for
reasons of national security. The certification shall include a report,
in classified and unclassified form, detailing the particular reason or
reasons why the unit's early redeployment is necessary.
limitation on interrogation techniques
Sec. 10005. (a) No individual in the custody or under the
effective control of an element of the intelligence community or
instrumentality thereof, regardless of nationality or physical
location, shall be subject to any treatment or technique of
interrogation not authorized by the United States Army Field Manual on
Human Intelligence Collector Operations.
(b) In this section, the term ``instrumentality'', with respect to
an element of the intelligence community, means a contractor or
subcontractor at any tier of the element of the intelligence community.
registration with the international committee of the red cross
Sec. 10006. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to detain any individual
who is in the custody or under the effective control of an element of
the intelligence community or an instrumentality thereof unless the
International Committee of the Red Cross is provided notification of
the detention of and access to such person in a timely manner and
consistent with the practices of the Armed Forces of the United States.
(b) For purposes of this section, the term ``instrumentality'',
with respect to an element of the intelligence community, means a
contractor or subcontractor at any tier of the element of the
intelligence community.
(c) Nothing in this section shall be construed to create or
otherwise imply the authority to detain, or to limit or otherwise
affect any other rights or obligations which may arise under the Geneva
Conventions or other laws, or to state all of the situations under
which notification to and access for the International Committee of the
Red Cross is required or allowed.
prohibition of permanent bases in iraq
Sec. 10007. None of the funds appropriated or otherwise made
available in this or any other Act may be obligated or expended by the
United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
limitation on defense agreements with the government of iraq
Sec. 10008. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to negotiate, enter
into, or implement any agreement with the Government of Iraq that
includes security assurances for mutual defense, unless the agreement--
(1) is in the form of a treaty requiring the advice and
consent of the Senate (or is intended to take that form in the
case of an agreement under negotiation); or
(2) is specifically authorized by a law enacted after the
date of enactment of this Act.
(b) For purposes of this section, an agreement shall be considered
to include security assurances for mutual defense if it includes
provisions addressing any of the following:
(1) A binding commitment to deploy United States Armed
Forces in defense of Iraq, or of any government or faction in
Iraq, against any foreign or domestic threat.
(2) The number of United States Armed Forces personnel to
be deployed to, or stationed in, Iraq.
(3) The mission of United States Armed Forces deployed to
Iraq.
(4) The duration of the presence of United States Armed
Forces in Iraq.
prohibition on agreements subjecting armed forces to iraqi criminal
jurisdiction
Sec. 10009. None of the funds appropriated or otherwise made
available in this or any other Act may be used to negotiate, enter
into, or implement an agreement with the Government of Iraq that would
subject members of the Armed Forces of the United States to the
jurisdiction of Iraq criminal courts or punishment under Iraq law.
requirement for matching funds from government of iraq
Sec. 10010. (a) Notwithstanding any other provision of law, funds
appropriated or otherwise made available in this or any other Act for
assistance for Iraq, including training, capacity building, and
construction and repair of infrastructure, shall be available only to
the extent that the Government of Iraq matches such assistance on a
dollar-for-dollar basis.
(b) subsection (a) shall not apply to--
(1) grants and cooperative agreements for programs to
promote democracy and human rights;
(2) the Community Action Program and other direct
assistance to non-governmental organizations;
(3) humanitarian demining;
(4) assistance for refugees, internally displaced persons,
and civilian victims of military operations;
(5) intelligence or intelligence-related activities; or
(6) projects with an estimated cost of less than $750,000
undertaken through the Commander's Emergency Response Program.
(c) The Secretary of State and the Secretary of Defense shall
certify to the Committees on Appropriations of the House of
Representatives and Senate, prior to the initial obligation by their
respective Departments of funds covered by the limitation in subsection
(a), that the Government of Iraq has committed to obligate matching
funds on a dollar-for-dollar basis. The Secretary of State shall submit
a report to the Committees on Appropriations not later than September
30, 2009 detailing the amounts of funds obligated and expended by the
Government of Iraq to meet the requirements of this section.
(d) Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the amounts provided by the Government of Iraq
since June 30, 2004, to assist Iraqi refugees in Syria, Jordan, and
elsewhere, and the amount of such assistance the Government of Iraq
plans to provide in fiscal year 2008. The Secretary shall work
expeditiously with the Government of Iraq to establish an account
within its annual budget sufficient to, at a minimum, match United
States contributions on a dollar-for-dollar basis to organizations and
programs for the purpose of assisting Iraqi refugees.
(e) As part of the report required by section 609 of division L of
the Consolidated Appropriations Act, 2008 (Public Law 110-161), the
Secretary of Defense shall submit to Congress a report on the most
recent annual budget for the Government of Iraq, including--
(1) a description of amounts budgeted for support of Iraqi
security and police forces and an assessment of how planned
funding will impact the training, equipping and overall
readiness of those forces;
(2) an assessment of the capacity of the Government of Iraq
to implement the budget as planned, including reports on year-
to-year spend rates, if available; and
(3) a description of any budget surplus or deficit, if
applicable.
partial reimbursement from iraq for fuel costs
Sec. 10011. (a) None of the funds made available in this Act under
the heading ``Operation and Maintenance, Defense-Wide'' for the Office
of the Secretary of Defense or Washington Headquarters Services may be
obligated or expended until the agreement described in subsection
(b)(1) is complete and the report required by subsection (b)(2) has
been transmitted to Congress, except that the limitation in this
subsection may be waived if the President determines and certifies to
the Committees on Appropriations of the House of Representatives and
Senate that such waiver is in the national security interests of the
United States.
(b) Not later than 90 days after enactment of this Act, the
President shall--
(1) complete an agreement with the Government of Iraq to
subsidize fuel costs for United States Armed Forces operating
in Iraq so the price of fuel per gallon to those forces is
equal to the discounted price per gallon at which the
Government of Iraq is providing fuel for domestic Iraqi
consumption; and
(2) transmit a report to the Committees on Appropriations
on the details and terms of that agreement.
(c) Amounts received from the Government of Iraq under an agreement
described in subsection (b)(1) shall be credited to the appropriations
or funds that incurred obligations for the fuel costs being subsidized,
as determined by the Secretary of Defense.
timetable for redeployment of united states forces from iraq
Sec. 10012. (a) Notwithstanding any other provision of law, funds
appropriated or otherwise made available in this Act may be used to
plan and execute a safe and orderly redeployment of United States Armed
Forces from Iraq.
(b) Within 30 days after enactment of this Act, the President shall
commence an immediate and orderly redeployment of United States Armed
Forces from Iraq, with a goal of completing such redeployment within 18
months. The President shall endeavor to begin such redeployment with
units of the Armed Forces that have been deployed in excess of 365
days, except to the extent those units are needed to provide for the
safe withdrawal of other units of the Armed Forces or to protect United
States and Coalition personnel and infrastructure.
(c) After completion of the redeployment required by subsection
(b), members of the United States Armed Forces may be deployed to, or
maintained in, Iraq only to the extent necessary to carry out the
following missions:
(1) Protecting the diplomatic facilities, Armed Forces, and
citizens of the United States in Iraq.
(2) Conducting limited training of, equipping, and
providing logistical and intelligence support to, Iraqi
security forces.
(3) Engaging in targeted counterterrorism operations
against al-Qaeda, groups affiliated with al-Qaeda, and other
terrorist organizations in Iraq.
(d) Not later than July 1, 2008, and every 90 days thereafter, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth the following:
(1) The current plan for and the status of the reduction of
United States Armed Forces in Iraq and the transition of the
Armed Forces in Iraq to a limited presence whose missions do
not exceed the missions specified in subsection (c), including
the associated force reductions and adjustments and
expectations with respect to timelines and the force levels
anticipated to perform those missions.
(2) A comprehensive current description of efforts to
prepare for the reduction and transition of United States Armed
Forces in Iraq in accordance with this section and to limit any
destabilizing consequences of such reduction and transition,
including a description of efforts to work with the United
Nations and countries in the region toward that objective.
(e) Not later than 45 days after enactment of this Act, the
Secretary of State shall provide to the Committees on Appropriations of
the House of Representatives and Senate a strategy for civilian-led
post-conflict stabilization and reconstruction assistance for Iraq. The
strategy (which may be provided in classified form if necessary) shall
include--
(1) the plans and timetable for transfer of all
responsibility for United States post-conflict stabilization
and reconstruction assistance from the Department of Defense to
the Department of State and the United States Agency for
International Development; and
(2) the staff, security and resource requirements for
United States diplomatic efforts and assistance programs in
Iraq.
TITLE XI--REFORMS RELATED TO WAR PROFITEERING AND CONTRACTORS
CHAPTER 1--ADJUSTMENT OF WARTIME STATUTE OF LIMITATIONS
adjustment of wartime statute of limitations
Sec. 11101. Section 3287 of title 18, United States Code, is
amended--
(1) by inserting ``or Congress has enacted a specific
authorization for the use of the Armed Forces, as described in
section 5(b) of the War Powers Resolution (50 U.S.C.
1544(b)),'' after ``is at war'';
(2) by inserting ``or directly connected with or related to
the authorized use of the Armed Forces'' after ``prosecution of
the war'';
(3) by striking ``three years'' and inserting ``5 years'';
(4) by striking ``proclaimed by the President'' and
inserting ``proclaimed by a Presidential proclamation, with
notice to Congress,''; and
(5) by adding at the end the following: ``For purposes of
applying such definitions in this section, the term `war'
includes a specific authorization for the use of the Armed
Forces, as described in section 5(b) of the War Powers
Resolution (50 U.S.C. 1544(b)).''.
CHAPTER 2--WAR PROFITEERING AND FRAUD
war profiteering and fraud
Sec. 11201. (a) Prohibition on War Profiteering.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1041. War profiteering and fraud
``(a) Prohibition.--Whoever, in any matter involving a contract
with, or the provision of goods or services to, the United States or a
provisional authority, in connection with a mission of the United
States Government overseas, knowingly--
``(1)(A) executes or attempts to execute a scheme or
artifice to defraud the United States or that authority; or
``(B) materially overvalues any good or service with the
intent to defraud the United States or that authority;
shall be fined not more than $1,000,000 or imprisoned not more
than 20 years, or both; or
``(2) in connection with the contract or the provision of
those goods or services--
``(A) falsifies, conceals, or covers up by any
trick, scheme, or device a material fact;
``(B) makes any materially false, fictitious, or
fraudulent statements or representations; or
``(C) makes or uses any materially false writing or
document knowing the same to contain any materially
false, fictitious, or fraudulent statement or entry;
shall be fined not more than $1,000,000 or imprisoned not more
than 10 years, or both.
``(b) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(c) Venue.--A prosecution for an offense under this section may
be brought--
``(1) as authorized by chapter 211 of this title;
``(2) in any district where any act in furtherance of the
offense took place; or
``(3) in any district where any party to the contract or
provider of goods or services is located.''.
(2) Table of sections.--The table of sections for chapter
47 of such title is amended by adding at the end the following:
``1041. War profiteering and fraud.''.
(b) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, United
States Code, is amended by striking ``or 1030'' and inserting ``1030,
or 1041''.
(c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting ``section 1041 (relating to war
profiteering and fraud),'' after ``liquidating agent of financial
institution),''.
(d) RICO.--Section 1961(1) of title 18, United States Code, is
amended by inserting ``section 1041 (relating to war profiteering and
fraud),'' after ``in connection with access devices),''.
CHAPTER 3--MILITARY EXTRATERRITORIAL JURISDICTION
short title
Sec. 11301. This chapter may be cited as the ``MEJA Expansion and
Enforcement Act of 2008''.
legal status of contract personnel
Sec. 11302. (a) Clarification of Military Extraterritorial
Jurisdiction Act.--
(1) Inclusion of federal employees and contractors.--
Section 3261(a) of title 18, United States Code, is amended--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) in paragraph (2), by striking the comma at the
end and inserting a semicolon; and
(C) by inserting after paragraph (2) the following
new paragraphs:
``(3) while employed by any Department or agency of the
United States other than the Armed Forces in a foreign country
in which the Armed Forces are conducting a qualifying military
operation; or
``(4) while employed as a security officer or security
contractor by any Department or agency of the United States
other than the Armed Forces,''.
(2) Definitions.--Section 3267 of title 18, United States
Code, is amended--
(A) in paragraph (1), by striking subparagraph (A)
and inserting the following new subparagraph:
``(A) employed by or performing services under a
contract with or grant from the Department of Defense
(including a nonappropriated fund instrumentality of
the Department) as--
``(i) a civilian employee (including an
employee from any other Executive agency on
temporary assignment to the Department of
Defense);
``(ii) a contractor (including a
subcontractor at any tier); or
``(iii) an employee of a contractor
(including a subcontractor at any tier);''; and
(B) by adding at the end the following new
paragraphs:
``(5) The term `employed by any Department or agency of the
United States other than the Armed Forces' means--
``(A) employed by or performing services under a
contract with or grant from any Department or agency of
the United States, or any provisional authority funded
in whole or substantial part or created by the United
States Government, other than the Department of Defense
as--
``(i) a civilian employee;
``(ii) a contractor (including a
subcontractor at any tier); or
``(iii) an employee of a contractor
(including a subcontractor at any tier);
``(B) present or residing outside the United States
in connection with such employment; and
``(C) not a national of or ordinarily a resident in
the host nation.
``(6) The term `employed as a security officer or security
contractor by any Department or agency of the United States
other than the Armed Forces' means--
``(A) employed by or performing services under a
contract with or grant from any Department or agency of
the United States, or any provisional authority funded
in whole or substantial part or created by the United
States Government, other than the Department of Defense
as--
``(i) a civilian employee;
``(ii) a contractor (including a
subcontractor at any tier); or
``(iii) an employee of a contractor
(including a subcontractor at any tier);
``(B) authorized in the course of such employment--
``(i) to provide physical protection to or
security for persons, places, buildings,
facilities, supplies, or means of
transportation;
``(ii) to carry or possess a firearm or
dangerous weapon, as defined by section
930(g)(2) of this chapter;
``(iii) to use force against another; or
``(iv) to supervise individuals performing
the activities described in clause (i), (ii) or
(iii);
``(C) present or residing outside the United States
in connection with such employment; and
``(D) not a national of or ordinarily resident in
the host nation.
``(7) The term `qualifying military operation' means--
``(A) a military operation covered by a declaration
of war or an authorization of the use of military force
by Congress;
``(B) a contingency operation (as defined in
section 101 of title 10); or
``(C) any other military operation outside of the
United States, including a humanitarian assistance or
peace keeping operation, provided such operation is
conducted pursuant to an order from or approved by the
Secretary of Defense.''.
(b) Department of Justice Inspector General Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of the
Department of Justice, in consultation with the Inspectors
General of the Department of Defense, the Department of State,
the United States Agency for International Development, the
Department of Agriculture, the Department of Energy, and other
appropriate Federal departments and agencies, shall submit to
Congress a report in accordance with this subsection.
(2) Content of report.--The report under paragraph (1)
shall include, for the period beginning on October 1, 2001, and
ending on the date of the report--
(A) unless the description pertains to non-public
information that relates to an ongoing investigation or
criminal or civil proceeding under seal, a description
of any alleged violations of section 3261 of title 18,
United States Code, reported to the Inspector Generals
identified in paragraph (1) or the Department of
Justice, including--
(i) the date of the complaint and the type
of offense alleged;
(ii) whether any investigation was opened
or declined based on the complaint;
(iii) whether the investigation was closed,
and if so, when it was closed;
(iv) whether a criminal or civil case was
filed as a result of the investigation, and if
so, when it was filed; and
(v) any charges or complaints filed in
those cases; and
(B) unless the description pertains to non-public
information that relates to an ongoing investigation or
criminal or civil proceeding under seal, and with
appropriate safeguards for the protection of national
security information, a description of any shooting or
escalation of force incidents in Iraq or Afghanistan
involving alleged misconduct by persons employed as a
security officer or security contractor by any
Department or agency of the United States, and any
official action taken against such persons.
(3) Form of report.--The report under paragraph (1) shall
be submitted in unclassified form, but may contain a classified
annex as appropriate.
investigative units for contractor oversight
Sec. 11303. (a) Establishment of Investigative Units for
Contractor Oversight.--
(1) In general.--The Attorney General, in consultation with
the Secretary of Defense, the Secretary of State, the Secretary
of Homeland Security, and the heads of any other Federal
departments or agencies responsible for employing private
security contractors or contractors (or subcontractors at any
tier) in a foreign country where the Armed Forces are
conducting a qualifying military operation--
(A) shall assign adequate personnel and resources
through the creation of Investigative Units for
Contractor Oversight to investigate allegations of
criminal violations under paragraphs (3) and (4) of
section 3261(a) of title 18, United States Code (as
amended by section 11302(a) of this chapter); and
(B) may authorize the overseas deployment of law
enforcement agents and other Department of Justice
personnel for that purpose.
(2) Rule of construction.--Nothing in this subsection shall
limit any existing authority of the Attorney General or any
Federal law enforcement agency to investigate violations of
Federal law or deploy personnel overseas.
(b) Referral for Prosecution.--Upon conclusion of an investigation
of an alleged violation of sections 3261(a)(3) and 3261(a)(4) of title
18, United States Code, an Investigative Unit for Contractor Oversight
may refer the matter to the Attorney General for further action, as
appropriate in the discretion of the Attorney General.
(c) Responsibilities of the Attorney General.--
(1) Investigation.--The Attorney General shall have the
principal authority for the enforcement of sections 3261(a)(3)
and 3261(a)(4) of title 18, United States Code, and shall have
the authority to initiate, conduct, and supervise
investigations of any alleged violations of such sections
3261(a)(3) and 3261(a)(4).
(2) Assistance on request of the attorney general.--
Notwithstanding any statute, rule, or regulation to the
contrary, the Attorney General may request assistance from the
Secretary of Defense, the Secretary of State, or the head of
any other Executive agency to enforce this chapter. This
requested assistance may include the assignment of additional
personnel and resources to an Investigative Unit for Contractor
Oversight established by the Attorney General under subsection
(a).
(3) Annual report.--Not later than one year after the date
of enactment of this Act, and annually thereafter, the Attorney
General, in consultation with the Secretary of Defense and the
Secretary of State, shall submit to Congress a report
containing--
(A) the number of violations of sections 3261(a)(3)
and 3261(a)(4) of title 18, United States Code,
received, investigated, and referred for prosecution by
Federal law enforcement authorities during the previous
year;
(B) the number and location of Investigative Units
for Contractor Oversight deployed to investigate
violations of such sections 3261(a)(3) and 3261(a)(4)
during the previous year; and
(C) any recommended changes to Federal law that the
Attorney General considers necessary to enforce this
chapter and the amendments made by this chapter and
chapter 212 of title 18, United States Code.
removal procedures for non-department of defense employees and
contractors
Sec. 11304. (a) Attorney General Regulations.--Section 3266 of
title 18, United States Code, is amended by adding at the end the
following:
``(d) The Attorney General, after consultation with the Secretary
of Defense, the Secretary of State, and the Director of National
Intelligence, may prescribe regulations governing the investigation,
apprehension, detention, delivery, and removal of persons described in
sections 3261(a)(3) and 3261(a)(4) and describing the notice due, if
any, foreign nationals potentially subject to the criminal jurisdiction
of the United States under those sections.''.
(b) Clarifying and Conforming Amendments.--
(1) In general.--Chapter 212 of title 18, United States
Code, is amended--
(A) in section 3261(a)--
(i) by inserting ``against the United
States'' after ``offense'' the first time it
appears; and
(ii) by inserting ``within the United
States or'' after ``had been engaged in'';
(B) in section 3262--
(i) in subsection (a), by striking
``section 3261(a)'' the first place it appears
and inserting ``section 3261(a)(1) or
3261(a)(2)'';
(ii) by redesignating subsection (b) as
subsection (c); and
(iii) by inserting after subsection (a) the
following new subsection (b):
``(b) The Attorney General may designate and authorize any person
serving in a law enforcement position in the Department of Justice, the
Department of Defense, the Department State, or any other Executive
agency to arrest, in accordance with applicable international
agreements, outside the United States any person described in section
3261(a) if there is probable cause to believe that such person violated
section 3261(a).'';
(C) in section 3263(a), by striking ``section
3261(a)'' the first place it appears and inserting
``section 3261(a)(1) or 3261(a)(2)'';
(D) in section 3264(a), by inserting ``described in
section 3261(a)(1) or 3261(a)(2)'' before ``arrested'';
(E) section 3265(a)(1) by inserting ``described in
section 3261(a)(1) or 3261(a)(2)'' before ``arrested'';
and
(F) in section 3266(a), by striking ``under this
chapter'' and inserting ``described in section
3261(a)(1) or 3261(a)(2)''.
(2) Additional amendment.--Section 7(9) of title 18, United
States Code, is amended by striking ``section 3261(a)'' and
inserting ``section 3261(a)(1) or 3261(a)(2)''.
rules of construction
Sec. 11305. (a) In General.--Nothing in this chapter or the
amendments made by this chapter shall apply to authorized and otherwise
lawful intelligence activities carried out by or at the direction of
the United States.
(b) Defenses.--Nothing in this section shall be construed to limit
or extinguish any defense or protection otherwise available to any
person or entity from suit, civil or criminal liability, or damages, or
to provide immunity from prosecution for any criminal offense by the
proper authorities.
(c) Existing Extraterritorial Jurisdiction.--Nothing in this
chapter or the amendments made by this chapter shall be construed to
limit or affect the extraterritorial jurisdiction related to any
Federal statute not amended by this chapter.
definition
Sec. 11306. For purposes of this chapter and the amendments made
by this chapter, the term ``Executive agency'' has the meaning given in
section 105 of title 5, United States Code.
effective date
Sec. 11307. (a) Immediate Effectiveness.--The provisions of this
chapter shall enter into effect immediately upon the enactment of this
Act.
(b) Implementation.--The Attorney General and the head of any other
Federal department or agency to which this chapter applies shall have
90 days after the date of the enactment of this Act to ensure
compliance with the provisions of this chapter.
(2)Page 1 of the Senate engrossed amendment, strike line 1 and all that
follows through the end of line 21 on page 59, and insert the
following:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2008, and for other purposes, namely:
TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL
AFFAIRS, AND OTHER SECURITY-RELATED MATTERS
CHAPTER 1--AGRICULTURE
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
public law 480 title ii grants
For an additional amount for ``Public Law 480 Title II Grants'',
$850,000,000, to remain available until expended.
For an additional amount for ``Public Law 480 Title II Grants'',
$395,000,000, to become available on October 1, 2008, and to remain
available until expended.
CHAPTER 2--COMMERCE, JUSTICE, AND SCIENCE
DEPARTMENT OF JUSTICE
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$4,000,000, to remain available until September 30, 2009.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'', $1,648,000, to remain available until September 30, 2009.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses, United States
Attorneys'', $5,000,000, to remain available until September 30, 2009.
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$18,621,000, to remain available until September 30, 2009.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$92,169,000, to remain available until September 30, 2009.
For an additional amount for ``Salaries and Expenses'',
$82,600,000, to become available on October 1, 2008, and to remain
available until September 30, 2009.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$12,166,000, to remain available until September 30, 2009.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $4,000,000,
to remain available until September 30, 2009.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $9,100,000,
to remain available until September 30, 2009.
CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$1,432,700,000, to remain available until September 30, 2009: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
construction projects not otherwise authorized by law: Provided
further, That of the funds provided under this heading, not to exceed
$73,400,000 shall be available for study, planning, design, and
architect and engineer services: Provided further, That of the funds
made available under this heading, $72,000,000 shall not be obligated
or expended until after that date on which the Secretary of Defense
submits a detailed spending plan, including a 1391 form for each
facilities replacement project, to the Committees on Appropriations of
the House of Representatives and Senate: Provided further, That of the
funds provided under this heading, $533,700,000 shall not be obligated
or expended until the Secretary of Defense certifies that none of the
funds are to be used for the purpose of providing facilities for the
permanent basing of United States military personnel in Iraq.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $423,357,000, to remain available until September 30,
2009: Provided, That notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and design
and military construction projects not otherwise authorized by law:
Provided further, That of the funds provided under this heading, not to
exceed $15,843,000 shall be available for study, planning, design, and
architect and engineer services.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$409,627,000, to remain available until September 30, 2009: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
construction projects not otherwise authorized by law: Provided
further, That of the funds provided under this heading, not to exceed
$36,427,000 shall be available for study, planning, design, and
architect and engineer services: Provided further, That of the funds
provided under this heading, $58,300,000 shall not be obligated or
expended until the Secretary of Defense certifies that none of the
funds are to be used for the purpose of providing facilities for the
permanent basing of United States military personnel in Iraq.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $1,009,600,000, to remain available until September 30, 2009:
Provided, That notwithstanding any other provision of law, such funds
may be obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law:
Provided further, That of the funds provided, $982,000,000 shall be for
medical treatment facilities construction (including planning and
design) and shall remain available until September 30, 2012.
Family Housing Construction, Navy and Marine Corps
For an additional amount for ``Family Housing Construction, Navy
and Marine Corps,'' $11,766,000, to remain available until September
30, 2009: Provided, That notwithstanding any other provision of law,
such funds may be obligated and expended to carry out planning and
design and military construction projects not otherwise authorized by
law.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $1,354,634,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, such funds may be obligated and expended to
carry out planning and design and military construction projects not
otherwise authorized by law.
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
general operating expenses
For an additional amount for ``General Operating Expenses'',
$100,000,000, to remain available until September 30, 2009.
information technology systems
For an additional amount for ``Information Technology Systems'',
$20,000,000, to remain available until September 30, 2009.
GENERAL PROVISION, THIS CHAPTER
Sec. 1301. None of the funds appropriated in this or any other Act
may be used to terminate, reorganize, or relocate the Armed Forces
Institute of Pathology until the President has established, as required
by section 722 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 199; 10 U.S.C. 176 note), a
Joint Pathology Center.
CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular Programs'',
$1,606,808,000, to remain available until September 30, 2009, of which
$210,508,000 for worldwide security protection is available until
expended: Provided, That not more than $1,295,000,000 of the funds
appropriated under this heading shall be available for diplomatic
operations in Iraq: Provided further, That of the funds appropriated
under this heading, not more than $30,000,000 shall be available to
establish and implement a coordinated civilian response capacity at the
United States Department of State.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector General'',
$7,500,000, to remain available until September 30, 2009: Provided,
That $2,500,000 shall be transferred to the Special Inspector General
for Iraq Reconstruction for reconstruction oversight.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $76,700,000, to remain available until expended, for
facilities in Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $53,000,000 to remain available until September 30,
2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $333,600,000, to remain available until
September 30, 2009, for the United Nations-African Union Hybrid Mission
in Darfur.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $200,000,000, to remain available until expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the United
States Agency for International Development'', $142,000,000, to remain
available until September 30, 2009: Provided, That of the funds
appropriated under this heading, not more than $20,000,000 shall be
available to establish and implement a coordinated civilian response
capacity at the United States Agency for International Development.
operating expenses of the united states agency for international
development office of inspector general
For an additional amount for ``Operating Expenses of the United
States Agency for International Development Office of Inspector
General'', $4,000,000, to remain available until September 30, 2009.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,747,000,000, to remain available until September 30, 2009, of which
not more than $440,000,000 may be made available for assistance for
Iraq, $150,000,000 shall be made available for assistance for Jordan to
meet the needs of Iraqi refugees, and up to $53,000,000 may be
available for energy-related assistance for North Korea,
notwithstanding any other provision of law: Provided, That not more
than $100,000,000 of the funds appropriated under this heading shall be
made available for assistance for the West Bank and none of such funds
shall be for cash transfer assistance: Provided further, That of the
funds appropriated under this heading, $1,000,000 shall be made
available for the Office of the United Nations High Commissioner for
Human Rights in Mexico: Provided further, That the funds made available
under this heading for energy-related assistance for North Korea may be
made available to support the goals of the Six Party Talks Agreements
after the Secretary of State determines and reports to the Committees
on Appropriations that North Korea is continuing to fulfill its
commitments under such agreements.
Department of State
democracy fund
For an additional amount for ``Democracy Fund'', $75,000,000, to
remain available until September 30, 2009, for democracy programs in
Iraq.
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $419,300,000, to remain available until September
30, 2009: Provided, That not more than $25,000,000 of the funds
appropriated by this subchapter shall be made available for security
assistance for the West Bank.
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$300,000,000, to remain available until expended.
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency Refugee and
Migration Assistance Fund'', $25,000,000, to remain available until
expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', $11,200,000, to remain available until
September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $72,500,000, to remain available until September 30, 2009,
of which up to $66,500,000 shall be made available for assistance for
Mexico.
SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
2009
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular Programs'',
$737,900,000, which shall become available on October 1, 2008 and
remain available through September 30, 2009: Provided, That of the
funds appropriated under this heading, $78,400,000 is for worldwide
security protection and shall remain available until expended: Provided
further, That not more than $581,500,000 of the funds appropriated
under this heading shall be available for diplomatic operations in
Iraq.
office of inspector general
(including transfers of funds)
For an additional amount for ``Office of Inspector General'',
$57,000,000, which shall become available on October 1, 2008 and remain
available through September 30, 2009: Provided, That $46,500,000 shall
be transferred to the Special Inspector General for Iraq Reconstruction
for reconstruction oversight and up to $5,000,000 shall be transferred
to the Special Inspector General for Afghanistan Reconstruction for
reconstruction oversight.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance,'' $41,300,000, which shall become available on October 1,
2008 and remain available until expended, for facilities in
Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $75,000,000, which shall become available on October
1, 2008 and remain available through September 30, 2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $150,500,000, which shall become available
on October 1, 2008 and remain available through September 30, 2009.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $8,000,000, which shall become available on October 1,
2008 and remain available through September 30, 2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health and child survival
For an additional amount for ``Global Health and Child Survival'',
$75,000,000, which shall become available on October 1, 2008 and remain
available through September 30, 2009, for programs to combat avian
influenza.
development assistance
For an additional amount for ``Development Assistance'',
$200,000,000, for assistance for developing countries to address the
international food crisis notwithstanding any other provision of law,
which shall become available on October 1, 2008 and remain available
through September 30, 2010: Provided, That such assistance should be
carried out consistent with the purposes of section 103(a)(1) of the
Foreign Assistance Act of 1961: Provided further, That not more than
$50,000,000 should be made available for local or regional purchase and
distribution of food: Provided further, That the Secretary of State
shall submit to the Committees on Appropriations not later than 45 days
after enactment of this Act, and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed uses of
such funds to alleviate hunger and malnutrition, including a list of
those countries facing significant food shortages.
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $200,000,000, which shall become available on October 1,
2008 and remain available until expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the United
States Agency for International Development'', $93,000,000, which shall
become available on October 1, 2008 and remain available through
September 30, 2009.
operating expenses of the united states agency for international
development office of inspector general
For an additional amount for ``Operating Expenses of the United
States Agency for International Development Office of Inspector
General'', $1,000,000, which shall become available on October 1, 2008
and remain available through September 30, 2009.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund,''
$1,147,300,000, which shall become available on October 1, 2008 and
remain available through September 30, 2009, of which not more than
$100,000,000 may be made available for assistance for Iraq,
$100,000,000 shall be made available for assistance for Jordan, and
$15,000,000 may be made available for energy-related assistance for
North Korea, notwithstanding any other provision of law: Provided, That
not more than $150,000,000 of the funds appropriated under this heading
in this subchapter shall be made available for assistance for the West
Bank.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $204,500,000, which shall become available on
October 1, 2008 and remain available through September 30, 2009:
Provided, That not more than $50,000,000 of the funds made available by
this subchapter shall be made available for security assistance for the
West Bank and up to $53,500,000 shall be made available for assistance
for Mexico.
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$350,000,000, which shall become available on October 1, 2008 and
remain available until expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', $4,500,000, for humanitarian demining
assistance for Iraq, which shall become available on October 1, 2008
and remain available through September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $170,000,000, which shall become available on October 1,
2008 and remain available through September 30, 2009, of which
$100,000,000 shall be made available for assistance for Jordan and up
to $50,000,000 shall be made available for assistance for Mexico:
Provided, That section 3802(c) of title III, chapter 8 of Public Law
110-28 shall apply to funds made available under this heading for
assistance for Lebanon.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$85,000,000, which shall become available on October 1, 2008 and remain
available through September 30, 2009.
SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER
extension of authorities
Sec. 1401. Funds appropriated by this chapter may be obligated and
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
afghanistan
Sec. 1402 (a) Assistance for Women and Girls.--Funds appropriated
by this chapter under the heading ``Economic Support Fund'' that are
available for assistance for Afghanistan shall be made available, to
the maximum extent practicable, through local Afghan provincial and
municipal governments and Afghan civil society organizations and in a
manner that emphasizes the participation of Afghan women and directly
improves the economic, social and political status of Afghan women and
girls.
(b) Higher Education.--Of the funds appropriated by this chapter
under the heading ``Economic Support Fund'' that are made available for
education programs in Afghanistan, not less than 50 percent shall be
made available to support higher education and vocational training
programs in law, accounting, engineering, public administration, and
other disciplines necessary to rebuild the country, in which the
participation of women is emphasized.
(c) Civilian Assistance.--Of the funds appropriated by this chapter
under the heading ``Economic Support Fund'' that are available for
assistance for Afghanistan, not less than $2,000,000 shall be made
available for a United States contribution to the North Atlantic Treaty
Organization/International Security Assistance Force Post-Operations
Humanitarian Relief Fund.
(d) Anticorruption.--Not later than 90 days after enactment of this
Act, the Secretary of State shall--
(1) submit a report to the Committees on Appropriations on
actions being taken by the Government of Afghanistan to combat
corruption within the national and provincial governments,
including to remove and prosecute officials who have committed
corrupt acts;
(2) submit a list to the Committees on Appropriations, in
classified form if necessary, of senior Afghan officials who
the Secretary has credible evidence to believe have committed
corrupt acts; and
(3) certify and report to the Committees on Appropriations
that effective mechanisms are in place to ensure that
assistance to national government ministries and provincial
governments will be properly accounted for.
west bank
Sec. 1403. Not later than 90 days after the date of enactment of
this Act, and 180 days thereafter, the Secretary of State shall submit
to the Committees on Appropriations a report on assistance provided by
the United States for the training of Palestinian security forces,
including detailed descriptions of the training, curriculum, and
equipment provided; an assessment of the training and the performance
of forces after training has been completed; and a description of the
assistance that has been pledged and provided to Palestinian security
forces by other donors: Provided, That not later than 90 days after the
date of enactment of this Act, the Secretary of State shall report to
the Committees on Appropriations, in classified form if necessary, on
the security strategy of the Palestinian Authority.
mexico
Sec. 1404. (a) Assistance for Mexico.--Of the funds appropriated
under the headings ``International Narcotics Control and Law
Enforcement'', ``Foreign Military Financing Program'', and ``Economic
Support Fund'' in this chapter, not more than $296,500,000 of the funds
appropriated in subchapter A and $103,500,000 of the funds appropriated
in subchapter B shall be made available for assistance for Mexico, only
to combat drug trafficking and related violent crime, and for judicial
reform, institution building, and rule of law activities, of which not
less than $73,500,000 shall be used for judicial reform, institution
building, and rule of law activities: Provided, That none of the funds
made available under this section shall be made available for budget
support or as cash payments: Provided further, That none of the funds
made available under this section shall be available for obligation
until the Secretary of State determines and reports to the Committees
on Appropriations that vetting procedures are in place to ensure that
relevant members and units of the Mexican armed forces and police
forces that may receive assistance pursuant to this section have not
been involved in human rights violations or corrupt acts.
(b) Allocation of Funds.--25 percent of the funds made available by
this chapter for assistance for Mexico under the headings
``International Narcotics Control and Law Enforcement'' and ``Foreign
Military Financing Program'' shall be withheld from obligation until
the Secretary of State reports to the Committees on Appropriations on
the requirements described in subsection (c).
(c) Requirements.--The requirements referred to in subsection (b)
are the following:
(1) The Government of Mexico is--
(A) improving the transparency and accountability
of Federal police forces and engaging with state and
municipal authorities to improve the transparency and
accountability of state and municipal police forces
through mechanisms such as police complaints
commissions;
(B) ensuring meaningful engagement with civil
society to monitor efforts to combat drug trafficking
and related violent crime, judicial reform, institution
building, and rule of law activities to ensure due
process and the protection of freedom of expression,
association, and assembly in accordance with Mexican
and international law; and
(C) ensuring that, in accordance with applicable
Mexican law, the Mexican armed forces and the Federal
police forces are cooperating with civilian prosecutors
and judicial authorities in investigating and
prosecuting in the civilian justice system those
individuals, including military personnel, who have
been credibly alleged under Mexican law to have
committed violations of internationally recognized
human rights, and, consistent with Mexican and
international law, is vigorously enforcing the
prohibition on the use of testimony obtained through
torture or other ill-treatment.
(2) The Federal Public Security Secretary and the Minister
of Defense, respectively, in accordance with applicable Mexican
law, are suspending or placing on administrative duty, those
members of the Federal police and armed forces who have been
credibly alleged under Mexican law, to have committed
violations of internationally recognized human rights or
participated in corrupt acts and have established policies that
reward respect for human rights, in particular regarding the
use of force.
(3) The Attorney General and other relevant authorities of
the Mexican Government are investigating and prosecuting
members of the Mexican armed forces and police forces who have
been credibly alleged under Mexican law to have committed
violations of internationally recognized human rights.
(d) Exception.--Notwithstanding subsections (b) and (c), of the
funds appropriated by subchapter A for assistance for Mexico under the
heading ``International Narcotics Control and Law Enforcement'',
$3,000,000 shall be made available for technical and other assistance
to enable the Government of Mexico to implement a unified national
registry encompassing Federal, state, and municipal police officials,
and $5,000,000 may be made available to the Bureau of Alcohol, Tobacco,
Firearms and Explosives to deploy special agents in Mexico to support
Mexican law enforcement agencies in tracing seized firearms and
investigating firearms trafficking cases: Provided, That section 484(a)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291c(a)) shall not
apply with respect to assistance for Mexico made available by this
chapter.
(e) Report.--The report required in subsection (b) shall include a
description of actions taken with respect to each requirement specified
in subsection (c) and the cases or issues brought to the attention of
the Secretary of State for which the response or action taken has been
inadequate.
(f) Vetting.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations a report, in classified form if necessary,
detailing the procedures used to vet Mexican armed forces and police
forces for eligibility to receive assistance under this section.
(g) Notification.--Funds made available for Mexico by this chapter
shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394-1).
(h) Spending Plan.--Not later than 45 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations a detailed spending plan for funds
appropriated or otherwise made available for Mexico by this chapter,
which shall include a strategy for combating drug trafficking and
related violent crime, judicial reform, institution building, and rule
of law activities, with concrete goals, actions to be taken, budget
proposals, and anticipated results.
(i) Consultation.--Not later than 90 days after the date of the
enactment of this Act, and every 180 days thereafter until September
30, 2010, the Secretary of State shall consult with Mexican and
internationally recognized human rights organizations on progress in
meeting the requirements described in subsection (c).
central america
Sec. 1405. (a) Assistance for the Countries of Central America.--
Of the funds appropriated in subchapter A under the headings
``International Narcotics Control and Law Enforcement'', ``Foreign
Military Financing Program'', ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', and ``Economic Support Fund'',
$61,500,000 shall be made available for assistance for the countries of
Central America, Haiti, and the Dominican Republic only to combat drug
trafficking and related violent crime, and for judicial reform,
institution building, rule of law activities, and maritime security:
Provided, That of the funds appropriated under the heading ``Economic
Support Fund'', $15,000,000 shall be made available through the United
States Agency for International Development for an Economic and Social
Development Fund for the countries of Central America: Provided
further, That of the funds appropriated under the heading
``International Narcotics Control and Law Enforcement'', $2,500,000
shall be made available for assistance for Haiti and $2,500,000 shall
be made available for assistance for the Dominican Republic: Provided
further, That none of the funds shall be made available for budget
support or as cash payments: Provided further, That none of the funds
shall be available for obligation until the Secretary of State
determines and reports to the Committees on Appropriations that vetting
procedures are in place to ensure that Federal and municipal police
forces and the armed forces of the countries of Central America that
may receive assistance pursuant to this section have not been involved
in human rights violations or corrupt acts.
(b) Allocation of Funds.--(1) Up to 75 percent of the funds
appropriated under the headings ``International Narcotics Control and
Law Enforcement'' and ``Foreign Military Financing Program'' in
subchapter A that are available for assistance for the countries of
Central America may be obligated prior to the certification and report
by the Secretary of State required in paragraph (2).
(2) The balance of the funds may be obligated not less than 120
days after the date of the enactment of this Act if, before such
obligation, the Secretary of State determines and reports to the
Committees on Appropriations that the requirements in subsection (c)
have been met.
(c) Requirements.--The requirements referred to in subsection
(b)(2) are the following:
(1) The International Law Enforcement Academy (ILEA) in San
Salvador, El Salvador is establishing a vetting procedure for
police and other public security officials attending programs
at the ILEA.
(2) The countries of Central America are--
(A) vetting members and units of Federal and
municipal police forces and the armed forces that may
receive assistance to ensure such members and units
have not been involved in human rights violations or
corrupt acts;
(B) strengthening law enforcement capabilities,
developing effective systems information exchange,
improving demand reduction, and expanding public
education, prevention, and treatment programs;
(C) improving controls on chemical precursors;
(D) adopting and implementing reforms that improve
the capacity and protect the independence of the
judiciary;
(E) reforming criminal procedures to ensure due
process and training Federal and municipal police
leadership in modern policing to curb police abuses;
(F) targeting organizational structures and
financial and other assets of drug cartels;
(G) taking steps to curb corruption in law
enforcement agencies; and
(H) suspending, prosecuting, and punishing members
of the police forces who have been credibly alleged to
have committed violations of human rights and corrupt
acts, and establishing policies for members of such
forces that reward respect for human rights, in
particular regarding the use of force.
(d) Report.--The report required in subsection (b)(2) shall include
actions taken with respect to each requirement and the cases or issues
brought to the attention of the Secretary for which the response or
action taken has been inadequate.
(e) Vetting.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations, in classified form if necessary,
detailing the procedures used by the Government of the United States to
vet the Federal and municipal police and the armed forces of the
countries of Central America for eligibility to receive assistance
under this section.
(f) Notification.--Funds made available for the countries of
Central America in subchapter A shall be subject to the regular
notification procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
(g) Spending Plan.--Not later than 45 days after enactment of this
Act the Secretary of State shall submit to the Committees on
Appropriations a detailed spending plan for funds appropriated or
otherwise made available for the countries of Central America, Haiti
and the Dominican Republic in subchapter A, which shall include a
strategy for combating drug trafficking and related violent crime,
judicial reform, institution building, and rule of law activities, with
concrete goals, actions to be taken, budget proposals and anticipated
results.
(h) Consultation.--Not later than 90 days after the date of
enactment of this Act and every 120 days thereafter until September 30,
2010, the Secretary of State shall consult with internationally
recognized human rights organizations, and human rights organizations
in the countries of Central America receiving assistance pursuant to
this section, on progress in meeting the requirements described in
subsection (c).
(i) Definition.--For the purposes of this section, the term
``countries of Central America'' means Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama.
buying power maintenance account
(including transfer of funds)
Sec. 1406. (a) Of the funds appropriated under the heading
``Diplomatic and Consular Programs'' and allocated by section 3810 of
the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28),
$26,000,000 shall be transferred to and merged with funds in the
``Buying Power Maintenance Account'': Provided, That of the funds made
available by this chapter up to an additional $74,000,000 may be
transferred to and merged with the ``Buying Power Maintenance
Account'', subject to the regular notification procedures of the
Committees on Appropriations and in accordance with the procedures in
section 34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706). Any funds transferred pursuant to this section shall be
available, without fiscal year limitation, pursuant to section 24 of
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696).
(b) Section 24(b)(7) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2696(b)(7)) is amended by amending subparagraph (D)
to read as follows:
``(D) The authorities contained in this paragraph
may be exercised only with respect to funds
appropriated or otherwise made available after fiscal
year 2008.''.
rescissions
Sec. 1407. (a) World Food Program.--(1) For an additional amount
for a contribution to the World Food Program to assist farmers in
countries affected by food shortages to increase crop yields,
notwithstanding any other provision of law, $20,000,000, to remain
available until expended.
(2) Of the funds appropriated under the heading ``Andean
Counterdrug Initiative'' in prior Acts making appropriations for
foreign operations, export financing, and related programs, $20,000,000
are rescinded.
(b) Sudan.--(1) For an additional amount for ``International
Narcotics Control and Law Enforcement'', $10,000,000, for assistance
for Sudan to support formed police units, to remain available until
September 30, 2009, and subject to prior consultation with the
Committees on Appropriations.
(2) Of the funds appropriated under the heading ``International
Narcotics Control and Law Enforcement'' in prior Acts making
appropriations for foreign operations, export financing, and related
programs, $10,000,000 are rescinded.
(c) Section 8002 of this Act shall not apply to this section.
allocations
Sec. 1408. (a) Funds provided in this chapter for the following
accounts shall be made available for programs and countries in the
amounts contained in the respective tables included in the explanatory
statement printed in the Congressional Record accompanying this Act:
``Diplomatic and Consular Programs''
``Economic Support Fund''.
(b) Any proposed increases or decreases to the amounts contained in
such tables in the explanatory statement printed in the Congressional
Record accompanying this Act shall be subject to the regular
notification procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961.
reprogramming authority
Sec. 1409. Notwithstanding any other provision of law, to include
minimum funding requirements or funding directives, funds made
available under the headings ``Development Assistance'' and ``Economic
Support Fund'' in prior Acts making appropriations for foreign
operations, export financing, and related programs may be made
available to address critical food shortages, subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
spending plan and notification procedures
Sec. 1410. (a) Subchapter A Spending Plan.--Not later than 45 days
after the enactment of this Act the Secretary of State shall submit to
the Committees on Appropriations a report detailing planned
expenditures for funds appropriated under the headings in subchapter A,
except for funds appropriated under the headings ``International
Disaster Assistance'', ``Migration and Refugee Assistance'', and
``United States Emergency Refugee and Migration Assistance Fund''.
(b) Subchapter B Spending Plan.--The Secretary of State shall
submit to the Committees on Appropriations not later than November 1,
2008, and prior to the initial obligation of funds, a detailed spending
plan for funds appropriated or otherwise made available in subchapter
B, except for funds appropriated under the headings ``International
Disaster Assistance'', ``Migration and Refugee Assistance'', and
``United States Emergency Refugee and Migration Assistance Fund''.
(c) Notification.--Funds made available in this chapter shall be
subject to the regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act of 1961.
terms and conditions
Sec. 1411. Unless otherwise provided for in this Act, funds
appropriated or otherwise made available by this chapter shall be
available under the authorities and conditions provided in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161), except
that section 699K of such Act shall not apply to funds in this chapter.
TITLE II--DOMESTIC MATTERS
CHAPTER 1--COMMERCE, JUSTICE, AND SCIENCE
DEPARTMENT OF COMMERCE
Bureau of the Census
periodic censuses and programs
(including transfer of funds)
For an additional amount for ``Periodic Censuses and Programs'',
$210,000,000, to remain available until expended, for necessary
expenses related to the 2010 Decennial Census: Provided, That not less
than $3,000,000 shall be transferred to the ``Office of Inspector
General'' at the Department of Commerce for necessary expenses
associated with oversight activities of the 2010 Decennial Census:
Provided further, That not less than $1,000,000 shall be used only for
a reimbursable agreement with the Defense Contract Management Agency to
provide continuing contract management oversight of the 2010 Decennial
Census.
DEPARTMENT OF JUSTICE
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$178,000,000, to remain available until September 30, 2008.
CHAPTER 2--ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
For an additional amount for ``Construction'', for necessary
expenses related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, $2,835,000,000, to remain available
until expended: Provided, That such sums shall not be available until
October 1, 2008: Provided further, That the Secretary of the Army is
directed to use $1,997,000,000 of the funds provided herein to modify
authorized projects in southeast Louisiana to provide hurricane, storm
and flood damage reduction in the greater New Orleans and surrounding
areas to the levels of protection necessary to achieve the
certification required for participation in the National Flood
Insurance Program under the base flood elevations current at the time
of enactment of this Act, and shall use $1,077,000,000 of those funds
for the Lake Pontchartrain and Vicinity project and $920,000,000 of
those funds for the West Bank and Vicinity project: Provided further,
That, in addition, $838,000,000 of the funds provided herein shall be
for elements of Southeast Louisiana Urban Drainage project within the
geographic perimeter of the West Bank and Vicinity and Lake
Pontchartrain and Vicinity projects, to provide for interior drainage
of runoff from rainfall with a ten percent annual exceedance
probability: Provided further, That the amounts provided herein shall
be subject to a 65 percent Federal / 35 percent non-Federal cost share
for the specified purposes: Provided further, That beginning not later
than 60 days after the date of enactment of this Act, the Chief of
Engineers, acting through the Assistant Secretary of the Army for Civil
Works, shall provide monthly reports to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these funds.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses relating to the consequences
of Hurricane Katrina and other hurricanes of the 2005 season,
$2,926,000,000, to remain available until expended: Provided, That such
sums shall not be available until October 1, 2008: Provided further,
That funds provided herein shall be used to reduce the risk of
hurricane and storm damages to the greater New Orleans metropolitan
area, at full Federal expense, for the following: $704,000,000 shall be
used to modify the 17th Street, Orleans Avenue, and London Avenue
drainage canals and install pumps and closure structures at or near the
lakefront; $90,000,000 shall be used for storm-proofing interior pump
stations to ensure the operability of the stations during hurricanes,
storms, and high water events; $459,000,000 shall be used for armoring
critical elements of the New Orleans hurricane and storm damage
reduction system; $53,000,000 shall be used to improve protection at
the Inner Harbor Navigation Canal; $456,000,000 shall be used to
replace or modify certain non-Federal levees in Plaquemines Parish to
incorporate the levees into the existing New Orleans to Venice
hurricane protection project; $412,000,000 shall be used for
reinforcing or replacing flood walls, as necessary, in the existing
Lake Pontchartrain and Vicinity project and the existing West Bank and
Vicinity project to improve the performance of the systems;
$393,000,000 shall be used for repair and restoration of authorized
protections and floodwalls; and $359,000,000 shall be used to complete
the authorized protection for the Lake Pontchartrain and Vicinity
Project and for the West Bank and Vicinity Project: Provided further,
That beginning not later than 60 days after the date of enactment of
this Act, the Chief of Engineers, acting through the Assistant
Secretary of the Army for Civil Works, shall provide monthly reports to
the Committees on Appropriations of the House of Representatives and
the Senate detailing the allocation and obligation of these funds:
Provided further, That any project using funds appropriated under this
heading shall be initiated only after non-Federal interests have
entered into binding agreements with the Assistant Secretary of the
Army for Civil Works requiring the non-Federal interests to pay 100
percent of the operation, maintenance, repair, replacement, and
rehabilitation costs of completed elements and to hold and save the
United States free from damages due to the construction, operation, and
maintenance of the project, except for damages due to the fault or
negligence of the United States or its contractors: Provided further,
That the expenditure of funds as provided above may be made without
regard to individual amounts or purposes except that any reallocation
of funds that is necessary to accomplish the established goals is
authorized, subject to the approval of the House and Senate Committees
on Appropriations.
CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION
DEPARTMENT OF LABOR
Employment and Training Administration
state unemployment insurance and employment service operations
For an additional amount for ``State Unemployment Insurance and
Employment Service Operations'' for grants to the States for the
administration of State unemployment insurance, $110,000,000, which may
be expended from the Employment Security Administration Account in the
Unemployment Trust Fund, to be used for unemployment insurance
workloads experienced by the States through September 30, 2008, which
shall be available for Federal obligation through December 31, 2008.
CHAPTER 4--LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
For payment to Annette Lantos, widow of Tom Lantos, late a
Representative from the State of California, $169,300: Provided, That
section 8002 shall not apply to this appropriation.
TITLE III--VETERANS EDUCATIONAL ASSISTANCE
short title
Sec. 3001. This title may be cited as the ``Post-9/11 Veterans
Educational Assistance Act of 2008''.
findings
Sec. 3002. Congress makes the following findings:
(1) On September 11, 2001, terrorists attacked the United
States, and the brave members of the Armed Forces of the United
States were called to the defense of the Nation.
(2) Service on active duty in the Armed Forces has been
especially arduous for the members of the Armed Forces since
September 11, 2001.
(3) The United States has a proud history of offering
educational assistance to millions of veterans, as demonstrated
by the many ``G.I. Bills'' enacted since World War II.
Educational assistance for veterans helps reduce the costs of
war, assist veterans in readjusting to civilian life after
wartime service, and boost the United States economy, and has a
positive effect on recruitment for the Armed Forces.
(4) The current educational assistance program for veterans
is outmoded and designed for peacetime service in the Armed
Forces.
(5) The people of the United States greatly value military
service and recognize the difficult challenges involved in
readjusting to civilian life after wartime service in the Armed
Forces.
(6) It is in the national interest for the United States to
provide veterans who serve on active duty in the Armed Forces
after September 11, 2001, with enhanced educational assistance
benefits that are worthy of such service and are commensurate
with the educational assistance benefits provided by a grateful
Nation to veterans of World War II.
educational assistance for members of the armed forces who serve after
september 11, 2001
Sec. 3003. (a) Educational Assistance Authorized.--
(1) In general.--Part III of title 38, United States Code,
is amended by inserting after chapter 32 the following new
chapter:
``CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE
``subchapter i--definitions
``Sec.
``3301. Definitions.
``subchapter ii--educational assistance
``3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001:
entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: amount; payment.
``3314. Tutorial assistance.
``3315. Licensure and certification tests.
``3316. Supplemental educational assistance: members with critical
skills or specialty; members serving
additional service.
``3317. Public-private contributions for additional educational
assistance.
``subchapter iii--administrative provisions
``3321. Time limitation for use of and eligibility for entitlement.
``3322. Bar to duplication of educational assistance benefits.
``3323. Administration.
``3324. Allocation of administration and costs.
``SUBCHAPTER I--DEFINITIONS
``Sec. 3301. Definitions
``In this chapter:
``(1) The term `active duty' has the meanings as follows
(subject to the limitations specified in sections 3002(6) and
3311(b) of this title):
``(A) In the case of members of the regular
components of the Armed Forces, the meaning given such
term in section 101(21)(A) of this title.
``(B) In the case of members of the reserve
components of the Armed Forces, service on active duty
under a call or order to active duty under section 688,
12301(a), 12301(d), 12301(g), 12302, or 12304 of title
10.
``(2) The term `entry level and skill training' means the
following:
``(A) In the case of members of the Army, Basic
Combat Training and Advanced Individual Training.
``(B) In the case of members of the Navy, Recruit
Training (or Boot Camp) and Skill Training (or so-
called `A' School).
``(C) In the case of members of the Air Force,
Basic Military Training and Technical Training.
``(D) In the case of members of the Marine Corps,
Recruit Training and Marine Corps Training (or School
of Infantry Training).
``(E) In the case of members of the Coast Guard,
Basic Training.
``(3) The term `program of education' has the meaning the
meaning given such term in section 3002 of this title, except
to the extent otherwise provided in section 3313 of this title.
``(4) The term `Secretary of Defense' has the meaning given
such term in section 3002 of this title.
``SUBCHAPTER II--EDUCATIONAL ASSISTANCE
``Sec. 3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001: entitlement
``(a) Entitlement.--Subject to subsections (d) and (e), each
individual described in subsection (b) is entitled to educational
assistance under this chapter.
``(b) Covered Individuals.--An individual described in this
subsection is any individual as follows:
``(1) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 36 months on active
duty in the Armed Forces (including service on active
duty in entry level and skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty; or
``(ii) is discharged or released from
active duty as described in subsection (c).
``(2) An individual who--
``(A) commencing on or after September 11, 2001,
serves at least 30 continuous days on active duty in
the Armed Forces; and
``(B) after completion of service described in
subparagraph (A), is discharged or released from active
duty in the Armed Forces for a service-connected
disability.
``(3) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 30 months, but less
than 36 months, on active duty in the Armed Forces
(including service on active duty in entry level and
skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 36 months; or
``(ii) before completion of service on
active duty of an aggregate of 36 months, is
discharged or released from active duty as
described in subsection (c).
``(4) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 24 months, but less
than 30 months, on active duty in the Armed Forces
(including service on active duty in entry level and
skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 30 months; or
``(ii) before completion of service on
active duty of an aggregate of 30 months, is
discharged or released from active duty as
described in subsection (c).
``(5) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 18 months, but less
than 24 months, on active duty in the Armed Forces
(excluding service on active duty in entry level and
skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 24 months; or
``(ii) before completion of service on
active duty of an aggregate of 24 months, is
discharged or released from active duty as
described in subsection (c).
``(6) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 12 months, but less
than 18 months, on active duty in the Armed Forces
(excluding service on active duty in entry level and
skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 18 months; or
``(ii) before completion of service on
active duty of an aggregate of 18 months, is
discharged or released from active duty as
described in subsection (c).
``(7) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 6 months, but less than
12 months, on active duty in the Armed Forces
(excluding service on active duty in entry level and
skill training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 12 months; or
``(ii) before completion of service on
active duty of an aggregate of 12 months, is
discharged or released from active duty as
described in subsection (c).
``(8) An individual who--
``(A) commencing on or after September 11, 2001,
serves an aggregate of at least 90 days, but less than
6 months, on active duty in the Armed Forces (excluding
service on active duty in entry level and skill
training); and
``(B) after completion of service described in
subparagraph (A)--
``(i) continues on active duty for an
aggregate of less than 6 months; or
``(ii) before completion of service on
active duty of an aggregate of 6 months, is
discharged or released from active duty as
described in subsection (c).
``(c) Covered Discharges and Releases.--A discharge or release from
active duty of an individual described in this subsection is a
discharge or release as follows:
``(1) A discharge from active duty in the Armed Forces with
an honorable discharge.
``(2) A release after service on active duty in the Armed
Forces characterized by the Secretary concerned as honorable
service and placement on the retired list, transfer to the
Fleet Reserve or Fleet Marine Corps Reserve, or placement on
the temporary disability retired list.
``(3) A release from active duty in the Armed Forces for
further service in a reserve component of the Armed Forces
after service on active duty characterized by the Secretary
concerned as honorable service.
``(4) A discharge or release from active duty in the Armed
Forces for--
``(A) a medical condition which preexisted the
service of the individual as described in the
applicable paragraph of subsection (b) and which the
Secretary determines is not service-connected;
``(B) hardship; or
``(C) a physical or mental condition that was not
characterized as a disability and did not result from
the individual's own willful misconduct but did
interfere with the individual's performance of duty, as
determined by the Secretary concerned in accordance
with regulations prescribed by the Secretary of
Defense.
``(d) Prohibition on Treatment of Certain Service as Period of
Active Duty.--The following periods of service shall not be considered
a part of the period of active duty on which an individual's
entitlement to educational assistance under this chapter is based:
``(1) A period of service on active duty of an officer
pursuant to an agreement under section 2107(b) of title 10.
``(2) A period of service on active duty of an officer
pursuant to an agreement under section 4348, 6959, or 9348 of
title 10.
``(3) A period of service that is terminated because of a
defective enlistment and induction based on--
``(A) the individual's being a minor for purposes
of service in the Armed Forces;
``(B) an erroneous enlistment or induction; or
``(C) a defective enlistment agreement.
``(e) Treatment of Individuals Entitled Under Multiple
Provisions.--In the event an individual entitled to educational
assistance under this chapter is entitled by reason of both paragraphs
(4) and (5) of subsection (b), the individual shall be treated as being
entitled to educational assistance under this chapter by reason of
paragraph (5) of such subsection.
``Sec. 3312. Educational assistance: duration
``(a) In General.--Subject to section 3695 of this title and except
as provided in subsections (b) and (c), an individual entitled to
educational assistance under this chapter is entitled to a number of
months of educational assistance under section 3313 of this title equal
to 36 months.
``(b) Continuing Receipt.--The receipt of educational assistance
under section 3313 of this title by an individual entitled to
educational assistance under this chapter is subject to the provisions
of section 3321(b)(2) of this title.
``(c) Discontinuation of Education for Active Duty.--(1) Any
payment of educational assistance described in paragraph (2) shall
not--
``(A) be charged against any entitlement to educational
assistance of the individual concerned under this chapter; or
``(B) be counted against the aggregate period for which
section 3695 of this title limits the individual's receipt of
educational assistance under this chapter.
``(2) Subject to paragraph (3), the payment of educational
assistance described in this paragraph is the payment of such
assistance to an individual for pursuit of a course or courses under
this chapter if the Secretary finds that the individual--
``(A)(i) in the case of an individual not serving on active
duty, had to discontinue such course pursuit as a result of
being called or ordered to serve on active duty under section
688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10;
or
``(ii) in the case of an individual serving on active duty,
had to discontinue such course pursuit as a result of being
ordered to a new duty location or assignment or to perform an
increased amount of work; and
``(B) failed to receive credit or lost training time toward
completion of the individual's approved education,
professional, or vocational objective as a result of having to
discontinue, as described in subparagraph (A), the individual's
course pursuit.
``(3) The period for which, by reason of this subsection,
educational assistance is not charged against entitlement or counted
toward the applicable aggregate period under section 3695 of this title
shall not exceed the portion of the period of enrollment in the course
or courses from which the individual failed to receive credit or with
respect to which the individual lost training time, as determined under
paragraph (2)(B).
``Sec. 3313. Educational assistance: amount; payment
``(a) Payment.--The Secretary shall pay to each individual entitled
to educational assistance under this chapter who is pursuing an
approved program of education (other than a program covered by
subsections (e) and (f)) the amounts specified in subsection (c) to
meet the expenses of such individual's subsistence, tuition, fees, and
other educational costs for pursuit of such program of education.
``(b) Approved Programs of Education.--A program of education is an
approved program of education for purposes of this chapter if the
program of education is offered by an institution of higher learning
(as that term is defined in section 3452(f) of this title) and is
approved for purposes of chapter 30 of this title (including approval
by the State approving agency concerned).
``(c) Amount of Educational Assistance.--The amounts payable under
this subsection for pursuit of an approved program of education are
amounts as follows:
``(1) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(1)
or 3311(b)(2) of this title, amounts as follows:
``(A) An amount equal to the established charges
for the program of education, except that the amount
payable under this subparagraph may not exceed the
maximum amount of established charges regularly charged
in-State students for full-time pursuit of approved
programs of education for undergraduates by the public
institution of higher education offering approved
programs of education for undergraduates in the State
in which the individual is enrolled that has the
highest rate of regularly-charged established charges
for such programs of education among all public
institutions of higher education in such State offering
such programs of education.
``(B) A monthly stipend in an amount as follows:
``(i) For each month the individual pursues
the program of education, other than a program
of education offered through distance learning,
a monthly housing stipend amount equal to the
monthly amount of the basic allowance for
housing payable under section 403 of title 37
for a member with dependents in pay grade E-5
residing in the military housing area that
encompasses all or the majority portion of the
ZIP code area in which is located the
institution of higher education at which the
individual is enrolled.
``(ii) For the first month of each quarter,
semester, or term, as applicable, of the
program of education pursued by the individual,
a lump sum amount for books, supplies,
equipment, and other educational costs with
respect to such quarter, semester, or term in
the amount equal to--
``(I) $1,000, multiplied by
``(II) the fraction which is the
portion of a complete academic year
under the program of education that
such quarter, semester, or term
constitutes.
``(2) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(3)
of this title, amounts equal to 90 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(3) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(4)
of this title, amounts equal to 80 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(4) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(5)
of this title, amounts equal to 70 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(5) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(6)
of this title, amounts equal to 60 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(6) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(7)
of this title, amounts equal to 50 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(7) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(8)
of this title, amounts equal to 40 percent of the amounts that
would be payable to the individual under paragraph (1) for the
program of education if the individual were entitled to amounts
for the program of education under paragraph (1) rather than
this paragraph.
``(d) Frequency of Payment.--(1) Payment of the amounts payable
under subsection (c)(1)(A), and of similar amounts payable under
paragraphs (2) through (7) of subsection (c), for pursuit of a program
of education shall be made for the entire quarter, semester, or term,
as applicable, of the program of education.
``(2) Payment of the amount payable under subsection (c)(1)(B), and
of similar amounts payable under paragraphs (2) through (7) of
subsection (c), for pursuit of a program of education shall be made on
a monthly basis.
``(3) The Secretary shall prescribe in regulations methods for
determining the number of months (including fractions thereof) of
entitlement of an individual to educational assistance this chapter
that are chargeable under this chapter for an advance payment of
amounts under paragraphs (1) and (2) for pursuit of a program of
education on a quarter, semester, term, or other basis.
``(e) Programs of Education Pursued on Active Duty.--(1)
Educational assistance is payable under this chapter for pursuit of an
approved program of education while on active duty.
``(2) The amount of educational assistance payable under this
chapter to an individual pursuing a program of education while on
active duty is the lesser of--
``(A) the established charges which similarly circumstanced
nonveterans enrolled in the program of education involved would
be required to pay; or
``(B) the amount of the charges of the educational
institution as elected by the individual in the manner
specified in section 3014(b)(1) of this title.
``(3) Payment of the amount payable under paragraph (2) for pursuit
of a program of education shall be made for the entire quarter,
semester, or term, as applicable, of the program of education.
``(4) For each month (as determined pursuant to the methods
prescribed under subsection (d)(3)) for which amounts are paid an
individual under this subsection, the entitlement of the individual to
educational assistance under this chapter shall be charged at the rate
of one month for each such month.
``(f) Programs of Education Pursued on Half-Time Basis or Less.--
(1) Educational assistance is payable under this chapter for pursuit of
an approved program of education on half-time basis or less.
``(2) The educational assistance payable under this chapter to an
individual pursuing a program of education on half-time basis or less
is the amounts as follows:
``(A) The amount equal to the lesser of--
``(i) the established charges which similarly
circumstanced nonveterans enrolled in the program of
education involved would be required to pay; or
``(ii) the maximum amount that would be payable to
the individual for the program of education under
paragraph (1)(A) of subsection (c), or under the
provisions of paragraphs (2) through (7) of subsection
(c) applicable to the individual, for the program of
education if the individual were entitled to amounts
for the program of education under subsection (c)
rather than this subsection.
``(B) A stipend in an amount equal to the amount of the
appropriately reduced amount of the lump sum amount for books,
supplies, equipment, and other educational costs otherwise
payable to the individual under subsection (c).
``(3) Payment of the amounts payable to an individual under
paragraph (2) for pursuit of a program of education on half-time basis
or less shall be made for the entire quarter, semester, or term, as
applicable, of the program of education.
``(4) For each month (as determined pursuant to the methods
prescribed under subsection (d)(3)) for which amounts are paid an
individual under this subsection, the entitlement of the individual to
educational assistance under this chapter shall be charged at a
percentage of a month equal to--
``(A) the number of course hours borne by the individual in
pursuit of the program of education involved, divided by
``(B) the number of course hours for full-time pursuit of
such program of education.
``(g) Payment of Established Charges to Educational Institutions.--
Amounts payable under subsections (c)(1)(A) (and of similar amounts
payable under paragraphs (2) through (7) of subsection (c)), (e)(2) and
(f)(2)(A) shall be paid directly to the educational institution
concerned.
``(h) Established Charges Defined.--(1) In this section, the term
`established charges', in the case of a program of education, means the
actual charges (as determined pursuant to regulations prescribed by the
Secretary) for tuition and fees which similarly circumstanced
nonveterans enrolled in the program of education would be required to
pay.
``(2) Established charges shall be determined for purposes of this
subsection on the following basis:
``(A) In the case of an individual enrolled in a program of
education offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the term, quarter,
or semester.
``(B) In the case of an individual enrolled in a program of
education not offered on a term, quarter, or semester basis,
the tuition and fees charged the individual for the entire
program of education.
``Sec. 3314. Tutorial assistance
``(a) In General.--Subject to subsection (b), an individual
entitled to educational assistance under this chapter shall also be
entitled to benefits provided an eligible veteran under section 3492 of
this title.
``(b) Conditions.--(1) The provision of benefits under subsection
(a) shall be subject to the conditions applicable to an eligible
veteran under section 3492 of this title.
``(2) In addition to the conditions specified in paragraph (1),
benefits may not be provided to an individual under subsection (a)
unless the professor or other individual teaching, leading, or giving
the course for which such benefits are provided certifies that--
``(A) such benefits are essential to correct a deficiency
of the individual in such course; and
``(B) such course is required as a part of, or is
prerequisite or indispensable to the satisfactory pursuit of,
an approved program of education.
``(c) Amount.--(1) The amount of benefits described in subsection
(a) that are payable under this section may not exceed $100 per month,
for a maximum of 12 months, or until a maximum of $1,200 is utilized.
``(2) The amount provided an individual under this subsection is in
addition to the amounts of educational assistance paid the individual
under section 3313 of this title.
``(d) No Charge Against Entitlement.--Any benefits provided an
individual under subsection (a) are in addition to any other
educational assistance benefits provided the individual under this
chapter.
``Sec. 3315. Licensure and certification tests
``(a) In General.--An individual entitled to educational assistance
under this chapter shall also be entitled to payment for one licensing
or certification test described in section 3452(b) of this title.
``(b) Limitation on Amount.--The amount payable under subsection
(a) for a licensing or certification test may not exceed the lesser
of--
``(1) $2,000; or
``(2) the fee charged for the test.
``(c) No Charge Against Entitlement.--Any amount paid an individual
under subsection (a) is in addition to any other educational assistance
benefits provided the individual under this chapter.
``Sec. 3316. Supplemental educational assistance: members with critical
skills or specialty; members serving additional service
``(a) Increased Assistance for Members With Critical Skills or
Specialty.--(1) In the case of an individual who has a skill or
specialty designated by the Secretary concerned as a skill or specialty
in which there is a critical shortage of personnel or for which it is
difficult to recruit or, in the case of critical units, retain
personnel, the Secretary concerned may increase the monthly amount of
educational assistance otherwise payable to the individual under
paragraph (1)(B) of section 3313(c) of this title, or under paragraphs
(2) through (7) of such section (as applicable).
``(2) The amount of the increase in educational assistance
authorized by paragraph (1) may not exceed the amount equal to the
monthly amount of increased basic educational assistance providable
under section 3015(d)(1) of this title at the time of the increase
under paragraph (1).
``(b) Supplemental Assistance for Additional Service.--(1) The
Secretary concerned may provide for the payment to an individual
entitled to educational assistance under this chapter of supplemental
educational assistance for additional service authorized by subchapter
III of chapter 30 of this title. The amount so payable shall be payable
as an increase in the monthly amount of educational assistance
otherwise payable to the individual under paragraph (1)(B) of section
3313(c) of this title, or under paragraphs (2) through (7) of such
section (as applicable).
``(2) Eligibility for supplement educational assistance under this
subsection shall be determined in accordance with the provisions of
subchapter III of chapter 30 of this title, except that any reference
in such provisions to eligibility for basic educational assistance
under a provision of subchapter II of chapter 30 of this title shall be
treated as a reference to eligibility for educational assistance under
the appropriate provision of this chapter.
``(3) The amount of supplemental educational assistance payable
under this subsection shall be the amount equal to the monthly amount
of supplemental educational payable under section 3022 of this title.
``(c) Regulations.--The Secretaries concerned shall administer this
section in accordance with such regulations as the Secretary of Defense
shall prescribe.
``Sec. 3317. Public-private contributions for additional educational
assistance
``(a) Establishment of Program.--In instances where the educational
assistance provided pursuant to section 3313(c)(1)(A) does not cover
the full cost of established charges (as specified in section 3313 of
this title), the Secretary shall carry out a program under which
colleges and universities can, voluntarily, enter into an agreement
with the Secretary to cover a portion of those established charges not
otherwise covered under section 3313(c)(1)(A), which contributions
shall be matched by equivalent contributions toward such costs by the
Secretary. The program shall only apply to covered individuals
described in paragraphs (1) and (2) of section 3311(b).
``(b) Designation of Program.--The program under this section shall
be known as the `Yellow Ribbon G.I. Education Enhancement Program'.
``(c) Agreements.--The Secretary shall enter into an agreement with
each college or university seeking to participate in the program under
this section. Each agreement shall specify the following:
``(1) The manner (whether by direct grant, scholarship, or
otherwise) of the contributions to be made by the college or
university concerned.
``(2) The maximum amount of the contribution to be made by
the college or university concerned with respect to any
particular individual in any given academic year.
``(3) The maximum number of individuals for whom the
college or university concerned will make contributions in any
given academic year.
``(4) Such other matters as the Secretary and the college
or university concerned jointly consider appropriate.
``(d) Matching Contributions.--(1) In instances where the
educational assistance provided an individual under section
3313(c)(1)(A) of this title does not cover the full cost of tuition and
mandatory fees at a college or university, the Secretary shall provide
up to 50 percent of the remaining costs for tuition and mandatory fees
if the college or university voluntarily enters into an agreement with
the Secretary to match an equal percentage of any of the remaining
costs for such tuition and fees.
``(2) Amounts available to the Secretary under section 3324(b) of
this title for payment of the costs of this chapter shall be available
to the Secretary for purposes of paragraph (1).
``(e) Outreach.--The Secretary shall make available on the Internet
website of the Department available to the public a current list of the
colleges and universities participating in the program under this
section. The list shall specify, for each college or university so
listed, appropriate information on the agreement between the Secretary
and such college or university under subsection (c).
``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS
``Sec. 3321. Time limitation for use of and eligibility for entitlement
``(a) In General.--Except as provided in this section, the period
during which an individual entitled to educational assistance under
this chapter may use such individual's entitlement expires at the end
of the 15-year period beginning on the date of such individual's last
discharge or release from active duty.
``(b) Exceptions.--(1) Subsections (b), (c), and (d) of section
3031 of this title shall apply with respect to the running of the 15-
year period described in subsection (a) of this section in the same
manner as such subsections apply under section 3031 of this title with
respect to the running of the 10-year period described in section
3031(a) of this title.
``(2) Section 3031(f) of this title shall apply with respect to the
termination of an individual's entitlement to educational assistance
under this chapter in the same manner as such section applies to the
termination of an individual's entitlement to educational assistance
under chapter 30 of this title, except that, in the administration of
such section for purposes of this chapter, the reference to section
3013 of this title shall be deemed to be a reference to 3312 of this
title.
``(3) For purposes of subsection (a), an individual's last
discharge or release from active duty shall not include any discharge
or release from a period of active duty of less than 90 days of
continuous service, unless the individual is discharged or released as
described in section 3311(b)(2) of this title.
``Sec. 3322. Bar to duplication of educational assistance benefits
``(a) In General.--An individual entitled to educational assistance
under this chapter who is also eligible for educational assistance
under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or
1607 of title 10, or the provisions of the Hostage Relief Act of 1980
(Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance
under two or more such programs concurrently, but shall elect (in such
form and manner as the Secretary may prescribe) under which chapter or
provisions to receive educational assistance.
``(b) Inapplicability of Service Treated Under Educational Loan
Repayment Programs.--A period of service counted for purposes of
repayment of an education loan under chapter 109 of title 10 may not be
counted as a period of service for entitlement to educational
assistance under this chapter.
``(c) Service in Selected Reserve.--An individual who serves in the
Selected Reserve may receive credit for such service under only one of
this chapter, chapter 30 of this title, and chapters 1606 and 1607 of
title 10, and shall elect (in such form and manner as the Secretary may
prescribe) under which chapter such service is to be credited.
``(d) Additional Coordination Matters.--In the case of an
individual entitled to educational assistance under chapter 30, 31, 32,
or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the
provisions of the Hostage Relief Act of 1980, or making contributions
toward entitlement to educational assistance under chapter 30 of this
title, as of August 1, 2009, coordination of entitlement to educational
assistance under this chapter, on the one hand, and such chapters or
provisions, on the other, shall be governed by the provisions of
section 3003(c) of the Post-9/11 Veterans Educational Assistance Act of
2008.
``Sec. 3323. Administration
``(a) In General.--(1) Except as otherwise provided in this
chapter, the provisions specified in section 3034(a)(1) of this title
shall apply to the provision of educational assistance under this
chapter.
``(2) In applying the provisions referred to in paragraph (1) to an
individual entitled to educational assistance under this chapter for
purposes of this section, the reference in such provisions to the term
`eligible veteran' shall be deemed to refer to an individual entitled
to educational assistance under this chapter.
``(3) In applying section 3474 of this title to an individual
entitled to educational assistance under this chapter for purposes of
this section, the reference in such section 3474 to the term
`educational assistance allowance' shall be deemed to refer to
educational assistance payable under section 3313 of this title.
``(4) In applying section 3482(g) of this title to an individual
entitled to educational assistance under this chapter for purposes of
this section--
``(A) the first reference to the term `educational
assistance allowance' in such section 3482(g) shall be deemed
to refer to educational assistance payable under section 3313
of this title; and
``(B) the first sentence of paragraph (1) of such section
3482(g) shall be applied as if such sentence ended with
`equipment'.
``(b) Information on Benefits.--(1) The Secretary of Veterans
Affairs shall provide the information described in paragraph (2) to
each member of the Armed Forces at such times as the Secretary of
Veterans Affairs and the Secretary of Defense shall jointly prescribe
in regulations.
``(2) The information described in this paragraph is information on
benefits, limitations, procedures, eligibility requirements (including
time-in-service requirements), and other important aspects of
educational assistance under this chapter, including application forms
for such assistance under section 5102 of this title.
``(3) The Secretary of Veterans Affairs shall furnish the
information and forms described in paragraph (2), and other educational
materials on educational assistance under this chapter, to educational
institutions, training establishments, military education personnel,
and such other persons and entities as the Secretary considers
appropriate.
``(c) Regulations.--(1) The Secretary shall prescribe regulations
for the administration of this chapter.
``(2) Any regulations prescribed by the Secretary of Defense for
purposes of this chapter shall apply uniformly across the Armed Forces.
``Sec. 3324. Allocation of administration and costs
``(a) Administration.--Except as otherwise provided in this
chapter, the Secretary shall administer the provision of educational
assistance under this chapter.
``(b) Costs.--Payments for entitlement to educational assistance
earned under this chapter shall be made from funds appropriated to, or
otherwise made available to, the Department of Veterans Affairs for the
payment of readjustment benefits.''.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 38, United States Code, and at the beginning
of part III of such title, are each amended by inserting after
the item relating to chapter 32 the following new item:
``33. Post-9/11 Educational Assistance...................... 3301''.
(b) Conforming Amendments.--
(1) Amendments relating to duplication of benefits.--
(A) Section 3033 of title 38, United States Code,
is amended--
(i) in subsection (a)(1), by inserting
``33,'' after ``32,''; and
(ii) in subsection (c), by striking ``both
the program established by this chapter and the
program established by chapter 106 of title
10'' and inserting ``two or more of the
programs established by this chapter, chapter
33 of this title, and chapters 1606 and 1607 of
title 10''.
(B) Paragraph (4) of section 3695(a) of such title
is amended to read as follows:
``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
(C) Section 16163(e) of title 10, United States
Code, is amended by inserting ``33,'' after ``32,''.
(2) Additional conforming amendments.--
(A) Title 38, United States Code, is further
amended by inserting ``33,'' after ``32,'' each place
it appears in the following provisions:
(i) In subsections (b) and (e)(1) of
section 3485.
(ii) In section 3688(b).
(iii) In subsections (a)(1), (c)(1),
(c)(1)(G), (d), and (e)(2) of section 3689.
(iv) In section 3690( b)(3)(A).
(v) In subsections (a) and (b) of section
3692.
(vi) In section 3697(a).
(B) Section 3697A(b)(1) of such title is amended by
striking ``or 32'' and inserting ``32, or 33''.
(c) Applicability to Individuals Under Montgomery GI Bill
Program.--
(1) Individuals eligible to elect participation in post-9/
11 educational assistance.--An individual may elect to receive
educational assistance under chapter 33 of title 38, United
States Code (as added by subsection (a)), if such individual--
(A) as of August 1, 2009--
(i) is entitled to basic educational
assistance under chapter 30 of title 38, United
States Code, and has used, but retains unused,
entitlement under that chapter;
(ii) is entitled to educational assistance
under chapter 107, 1606, or 1607 of title 10,
United States Code, and has used, but retains
unused, entitlement under the applicable
chapter;
(iii) is entitled to basic educational
assistance under chapter 30 of title 38, United
States Code, but has not used any entitlement
under that chapter;
(iv) is entitled to educational assistance
under chapter 107, 1606, or 1607 of title 10,
United States Code, but has not used any
entitlement under such chapter;
(v) is a member of the Armed Forces who is
eligible for receipt of basic educational
assistance under chapter 30 of title 38, United
States Code, and is making contributions toward
such assistance under section 3011(b) or
3012(c) of such title; or
(vi) is a member of the Armed Forces who is
not entitled to basic educational assistance
under chapter 30 of title 38, United States
Code, by reason of an election under section
3011(c)(1) or 3012(d)(1) of such title; and
(B) as of the date of the individual's election
under this paragraph, meets the requirements for
entitlement to educational assistance under chapter 33
of title 38, United States Code (as so added).
(2) Cessation of contributions toward gi bill.--Effective
as of the first month beginning on or after the date of an
election under paragraph (1) of an individual described by
subparagraph (A)(v) of that paragraph, the obligation of the
individual to make contributions under section 3011(b) or
3012(c) of title 38, United States Code, as applicable, shall
cease, and the requirements of such section shall be deemed to
be no longer applicable to the individual.
(3) Revocation of remaining transferred entitlement.--
(A) Election to revoke.--If, on the date an
individual described in subparagraph (A)(i) or (A)(iii)
of paragraph (1) makes an election under that
paragraph, a transfer of the entitlement of the
individual to basic educational assistance under
section 3020 of title 38, United States Code, is in
effect and a number of months of the entitlement so
transferred remain unutilized, the individual may elect
to revoke all or a portion of the entitlement so
transferred that remains unutilized.
(B) Availability of revoked entitlement.--Any
entitlement revoked by an individual under this
paragraph shall no longer be available to the dependent
to whom transferred, but shall be available to the
individual instead for educational assistance under
chapter 33 of title 38, United States Code (as so
added), in accordance with the provisions of this
subsection.
(C) Availability of unrevoked entitlement.--Any
entitlement described in subparagraph (A) that is not
revoked by an individual in accordance with that
subparagraph shall remain available to the dependent or
dependents concerned in accordance with the current
transfer of such entitlement under section 3020 of
title 38, United States Code.
(4) Post-9/11 educational assistance.--
(A) In general.--Subject to subparagraph (B) and
except as provided in paragraph (5), an individual
making an election under paragraph (1) shall be
entitled to educational assistance under chapter 33 of
title 38, United States Code (as so added), in
accordance with the provisions of such chapter, instead
of basic educational assistance under chapter 30 of
title 38, United States Code, or educational assistance
under chapter 107, 1606, or 1607 of title 10, United
States Code, as applicable.
(B) Limitation on entitlement for certain
individuals.--In the case of an individual making an
election under paragraph (1) who is described by
subparagraph (A)(i) of that paragraph, the number of
months of entitlement of the individual to educational
assistance under chapter 33 of title 38, United States
Code (as so added), shall be the number of months equal
to--
(i) the number of months of unused
entitlement of the individual under chapter 30
of title 38, United States Code, as of the date
of the election, plus
(ii) the number of months, if any, of
entitlement revoked by the individual under
paragraph (3)(A).
(5) Continuing entitlement to educational assistance not
available under 9/11 assistance program.--
(A) In general.--In the event educational
assistance to which an individual making an election
under paragraph (1) would be entitled under chapter 30
of title 38, United States Code, or chapter 107, 1606,
or 1607 of title 10, United States Code, as applicable,
is not authorized to be available to the individual
under the provisions of chapter 33 of title 38, United
States Code (as so added), the individual shall remain
entitled to such educational assistance in accordance
with the provisions of the applicable chapter.
(B) Charge for use of entitlement.--The utilization
by an individual of entitlement under subparagraph (A)
shall be chargeable against the entitlement of the
individual to educational assistance under chapter 33
of title 38, United States Code (as so added), at the
rate of one month of entitlement under such chapter 33
for each month of entitlement utilized by the
individual under subparagraph (A) (as determined as if
such entitlement were utilized under the provisions of
chapter 30 of title 38, United States Code, or chapter
107, 1606, or 1607 of title 10, United States Code, as
applicable).
(6) Additional post-9/11 assistance for members having made
contributions toward gi bill.--
(A) Additional assistance.--In the case of an
individual making an election under paragraph (1) who
is described by clause (i), (iii), or (v) of
subparagraph (A) of that paragraph, the amount of
educational assistance payable to the individual under
chapter 33 of title 38, United States Code (as so
added), as a monthly stipend payable under paragraph
(1)(B) of section 3313(c) of such title (as so added),
or under paragraphs (2) through (7) of that section (as
applicable), shall be the amount otherwise payable as a
monthly stipend under the applicable paragraph
increased by the amount equal to--
(i) the total amount of contributions
toward basic educational assistance made by the
individual under section 3011(b) or 3012(c) of
title 38, United States Code, as of the date of
the election, multiplied by
(ii) the fraction--
(I) the numerator of which is--
(aa) the number of months
of entitlement to basic
educational assistance under
chapter 30 of title 38, United
States Code, remaining to the
individual at the time of the
election; plus
(bb) the number of months,
if any, of entitlement under
such chapter 30 revoked by the
individual under paragraph
(3)(A); and
(II) the denominator of which is 36
months.
(B) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by
subparagraph (A) who is described by paragraph
(1)(A)(v), the number of months of entitlement to basic
educational assistance remaining to the individual for
purposes of subparagraph (A)(ii)(I)(aa) shall be 36
months.
(C) Timing of payment.--The amount payable with
respect to an individual under subparagraph (A) shall
be paid to the individual together with the last
payment of the monthly stipend payable to the
individual under paragraph (1)(B) of section 3313(c) of
title 38, United States Code (as so added), or under
paragraphs (2) through (7) of that section (as
applicable), before the exhaustion of the individual's
entitlement to educational assistance under chapter 33
of such title (as so added).
(7) Continuing entitlement to additional assistance for
critical skills or speciality and additional service.--An
individual making an election under paragraph (1)(A) who, at
the time of the election, is entitled to increased educational
assistance under section 3015(d) of title 38, United States
Code, or section 16131(i) of title 10, United States Code, or
supplemental educational assistance under subchapter III of
chapter 30 of title 38, United States Code, shall remain
entitled to such increased educational assistance or
supplemental educational assistance in the utilization of
entitlement to educational assistance under chapter 33 of title
38, United States Code (as so added), in an amount equal to the
quarter, semester, or term, as applicable, equivalent of the
monthly amount of such increased educational assistance or
supplemental educational assistance payable with respect to the
individual at the time of the election.
(8) Irrevocability of elections.--An election under
paragraph (1) or (3)(A) is irrevocable.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on August 1, 2009.
increase in amounts of basic educational assistance under the
montgomery gi bill
Sec. 3004. (a) Educational Assistance Based on Three-Year Period
of Obligated Service.--Subsection (a)(1) of section 3015 of title 38,
United States Code, is amended--
(1) by striking subparagraphs (A) through (C) and inserting
the following new subparagraph:
``(A) for months occurring during the period beginning on
August 1, 2008, and ending on the last day of fiscal year 2009,
$1,321; and''; and
(2) by redesignating subparagraph (D) as subparagraph (B).
(b) Educational Assistance Based on Two-Year Period of Obligated
Service.--Subsection (b)(1) of such section is amended--
(1) by striking subparagraphs (A) through (C) and inserting
the following new subparagraph:
``(A) for months occurring during the period beginning on
August 1, 2008, and ending on the last day of fiscal year 2009,
$1,073; and''; and
(2) by redesignating subparagraph (D) as subparagraph (B).
(c) Modification of Mechanism for Cost-of-Living Adjustments.--
Subsection (h)(1) of such section is amended by striking subparagraphs
(A) and (B) and inserting the following new subparagraphs:
``(A) the average cost of undergraduate tuition in the
United States, as determined by the National Center for
Education Statistics, for the last academic year preceding the
beginning of the fiscal year for which the increase is made,
exceeds
``(B) the average cost of undergraduate tuition in the
United States, as so determined, for the academic year
preceding the academic year described in subparagraph (A).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on August 1, 2008.
(2) No cost-of-living adjustment for fiscal year 2009.--The
adjustment required by subsection (h) of section 3015 of title
38, United States Code (as amended by this section), in rates
of basic educational assistance payable under subsections (a)
and (b) of such section (as so amended) shall not be made for
fiscal year 2009.
modification of amount available for reimbursement of state and local
agencies administering veterans education benefits
Sec. 3005. Section 3674(a)(4) of title 38, United States Code, is
amended by striking ``may not exceed'' and all that follows through the
end and inserting ``shall be $19,000,000.''.
TITLE IV--EMERGENCY UNEMPLOYMENT COMPENSATION
federal-state agreements
Sec. 4001. (a) In General.--Any State which desires to do so may
enter into and participate in an agreement under this title with the
Secretary of Labor (in this title referred to as the ``Secretary'').
Any State which is a party to an agreement under this title may, upon
providing 30 days' written notice to the Secretary, terminate such
agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State will make payments of
emergency unemployment compensation to individuals who--
(1) have exhausted all rights to regular compensation under
the State law or under Federal law with respect to a benefit
year (excluding any benefit year that ended before May 1,
2007);
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any other
State unemployment compensation law or to compensation under
any other Federal law (except as provided under subsection
(e)); and
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada.
(c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an
individual shall be deemed to have exhausted such individual's rights
to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(d) Weekly Benefit Amount, Etc.--For purposes of any agreement
under this title--
(1) the amount of emergency unemployment compensation which
shall be payable to any individual for any week of total
unemployment shall be equal to the amount of the regular
compensation (including dependents' allowances) payable to such
individual during such individual's benefit year under the
State law for a week of total unemployment;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for emergency unemployment compensation
and the payment thereof, except where otherwise inconsistent
with the provisions of this title or with the regulations or
operating instructions of the Secretary promulgated to carry
out this title; and
(3) the maximum amount of emergency unemployment
compensation payable to any individual for whom an emergency
unemployment compensation account is established under section
4002 shall not exceed the amount established in such account
for such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State that is
in an extended benefit period may provide for the payment of emergency
unemployment compensation prior to extended compensation to individuals
who otherwise meet the requirements of this section.
emergency unemployment compensation account
Sec. 4002. (a) In General.--Any agreement under this title shall
provide that the State will establish, for each eligible individual who
files an application for emergency unemployment compensation, an
emergency unemployment compensation account with respect to such
individual's benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to the lesser of--
(A) 50 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual during the individual's benefit year
under such law, or
(B) 13 times the individual's average weekly
benefit amount for the benefit year.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of regular compensation (including dependents'
allowances) under the State law payable to such individual for
such week for total unemployment.
(c) Special Rule.--
(1) In general.--Notwithstanding any other provision of
this section, if, at the time that the individual's account is
exhausted or at any time thereafter, such individual's State is
in an extended benefit period (as determined under paragraph
(2)), then, such account shall be augmented by an amount equal
to the amount originally established in such account (as
determined under subsection (b)(1)).
(2) Extended benefit period.--For purposes of paragraph
(1), a State shall be considered to be in an extended benefit
period, as of any given time, if--
(A) such a period is then in effect for such State
under the Federal-State Extended Unemployment
Compensation Act of 1970;
(B) such a period would then be in effect for such
State under such Act if section 203(d) of such Act--
(i) were applied by substituting ``4'' for
``5'' each place it appears; and
(ii) did not include the requirement under
paragraph (1)(A); or
(C) such a period would then be in effect for such
State under such Act if--
(i) section 203(f) of such Act were applied
to such State (regardless of whether the State
by law had provided for such application); and
(ii) such section 203(f)--
(I) were applied by substituting
`6.0' for `6.5' in paragraph (1)(A)(i);
and
(II) did not include the
requirement under paragraph (1)(A)(ii).
payments to states having agreements for the payment of emergency
unemployment compensation
Sec. 4003. (a) General Rule.--There shall be paid to each State
that has entered into an agreement under this title an amount equal to
100 percent of the emergency unemployment compensation paid to
individuals by the State pursuant to such agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall be
made to any State under this section in respect of any compensation to
the extent the State is entitled to reimbursement in respect of such
compensation under the provisions of any Federal law other than this
title or chapter 85 of title 5, United States Code. A State shall not
be entitled to any reimbursement under such chapter 85 in respect of
any compensation to the extent the State is entitled to reimbursement
under this title in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by reason
of such State having an agreement under this title shall be payable,
either in advance or by way of reimbursement (as may be determined by
the Secretary), in such amounts as the Secretary estimates the State
will be entitled to receive under this title for each calendar month,
reduced or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior calendar
month were greater or less than the amounts which should have been paid
to the State. Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
financing provisions
Sec. 4004. (a) In General.--Funds in the extended unemployment
compensation account (as established by section 905(a) of the Social
Security Act (42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as
established by section 904(a) of such Act (42 U.S.C. 1104(a)) shall be
used for the making of payments to States having agreements entered
into under this title.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this title. The Secretary of the Treasury,
prior to audit or settlement by the Government Accountability Office,
shall make payments to the State in accordance with such certification,
by transfers from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment Trust
Fund (as so established).
(c) Assistance to States.--There are appropriated out of the
employment security administration account (as established by section
901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the
Unemployment Trust Fund, without fiscal year limitation, such funds as
may be necessary for purposes of assisting States (as provided in title
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the
costs of administration of agreements under this title.
(d) Appropriations for Certain Payments.--There are appropriated
from the general fund of the Treasury, without fiscal year limitation,
to the extended unemployment compensation account (as so established)
of the Unemployment Trust Fund (as so established) such sums as the
Secretary estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
fraud and overpayments
Sec. 4005. (a) In General.--If an individual knowingly has made,
or caused to be made by another, a false statement or representation of
a material fact, or knowingly has failed, or caused another to fail, to
disclose a material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received an
amount of emergency unemployment compensation under this title to which
such individual was not entitled, such individual--
(1) shall be ineligible for further emergency unemployment
compensation under this title in accordance with the provisions
of the applicable State unemployment compensation law relating
to fraud in connection with a claim for unemployment
compensation; and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of emergency unemployment compensation under this title to
which they were not entitled, the State shall require such individuals
to repay the amounts of such emergency unemployment compensation to the
State agency, except that the State agency may waive such repayment if
it determines that--
(1) the payment of such emergency unemployment compensation
was without fault on the part of any such individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
emergency unemployment compensation payable to such individual
under this title or from any unemployment compensation payable
to such individual under any State or Federal unemployment
compensation law administered by the State agency or under any
other State or Federal law administered by the State agency
which provides for the payment of any assistance or allowance
with respect to any week of unemployment, during the 3-year
period after the date such individuals received the payment of
the emergency unemployment compensation to which they were not
entitled, except that no single deduction may exceed 50 percent
of the weekly benefit amount from which such deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) Review.--Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.
definitions
Sec. 4006. In this title, the terms ``compensation'', ``regular
compensation'', ``extended compensation'', ``benefit year'', ``base
period'', ``State'', ``State agency'', ``State law'', and ``week'' have
the respective meanings given such terms under section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note).
applicability
Sec. 4007. (a) In General.--Except as provided in subsection (b),
an agreement entered into under this title shall apply to weeks of
unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before March 31, 2009.
(b) Transition for Amount Remaining in Account.--
(1) In general.--Subject to paragraphs (2) and (3), in the
case of an individual who has amounts remaining in an account
established under section 4002 as of the last day of the last
week (as determined in accordance with the applicable State
law) ending on or before March 31, 2009, emergency unemployment
compensation shall continue to be payable to such individual
from such amounts for any week beginning after such last day
for which the individual meets the eligibility requirements of
this title.
(2) Limit on augmentation.--If the account of an individual
is exhausted after the last day of such last week (as so
determined), then section 4002(c) shall not apply and such
account shall not be augmented under such section, regardless
of whether such individual's State is in an extended benefit
period (as determined under paragraph (2) of such section).
(3) Limit on compensation.--No compensation shall be
payable by reason of paragraph (1) for any week beginning after
June 30, 2009.
TITLE V--MEDICAID PROVISIONS
Sec. 5001. (a) Moratoria on Certain Medicaid Regulations.--
(1) Extension of certain moratoria in public law 110-28.--
Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act,
2007 (Public Law 110-28) is amended--
(A) by striking ``prior to the date that is 1 year
after the date of enactment of this Act'' and inserting
``prior to April 1, 2009'';
(B) in subparagraph (A), by inserting after
``Federal Regulations)'' the following: ``or in the
final regulation, relating to such parts, published on
May 29, 2007 (72 Federal Register 29748)''; and
(C) in subparagraph (C), by inserting before the
period at the end the following: ``, including the
proposed regulation published on May 23, 2007 (72
Federal Register 28930)''.
(2) Extension of certain moratoria in public law 110-173.--
Section 206 of the Medicare, Medicaid, and SCHIP Extension Act
of 2007 (Public Law 110-173) is amended--
(A) by striking ``June 30, 2008'' and inserting
``April 1, 2009'';
(B) by inserting ``, including the proposed
regulation published on August 13, 2007 (72 Federal
Register 45201),'' after ``rehabilitation services'';
and
(C) by inserting ``, including the final regulation
published on December 28, 2007 (72 Federal Register
73635),'' after ``school-based transportation''.
(3) Additional moratoria.--
(A) In general.--Notwithstanding any other
provision of law, the Secretary of Health and Human
Services shall not, prior to April 1, 2009, take any
action (through promulgation of regulation, issuance of
regulatory guidance, use of Federal payment audit
procedures, or other administrative action, policy, or
practice, including a Medical Assistance Manual
transmittal or letter to State Medicaid directors) to
impose any restrictions relating to a provision
described in subparagraph (B), (C), or (D) if such
restrictions are more restrictive in any aspect than
those applied to the respective provision as of the
date specified in subparagraph (E) for such provision.
(B) Portion of interim final regulation relating to
medicaid treatment of optional case management
services.--
(i) In general.--Subject to clause (ii),
the provision described in this subparagraph is
the interim final regulation relating to
optional State plan case management services
under the Medicaid program published on
December 4, 2007 (72 Federal Register 68077) in
its entirety.
(ii) Exception.--The provision described in
this subparagraph does not include the portion
of such regulation as relates directly to
implementing section 1915(g)(2)(A)(ii) of the
Social Security Act, as amended by section 6052
of the Deficit Reduction Act of 2005 (Public
Law 109-171), through the definition of case
management services and targeted case
management services contained in proposed
section 440.169 of title 42, Code of Federal
Regulations, but only to the extent that such
portion is not more restrictive than the
policies set forth in the Dear State Medicaid
Director letter on case management issued on
January 19, 2001 (SMDL #01-013), and with
respect to community transition case
management, the Dear State Medicaid Director
letter issued on July 25, 2000 (Olmstead Update
3).
(C) Proposed regulation relating to redefinition of
medicaid outpatient hospital services.--The provision
described in this subparagraph is the proposed
regulation relating to clarification of outpatient
clinic and hospital facility services definition and
upper payment limit under the Medicaid program
published on September 28, 2007 (72 Federal Register
55158) in its entirety.
(D) Portion of proposed regulation relating to
medicaid allowable provider taxes.--
(i) In general.--Subject to clause (ii),
the provision described in this subparagraph is
the final regulation relating to health-care-
related taxes under the Medicaid program
published on February 22, 2008 (73 Federal
Register 9685) in its entirety.
(ii) Exception.--The provision described in
this subparagraph does not include the portions
of such regulation as relate to the following:
(I) Reduction in threshold.--The
reduction from 6 percent to 5.5 percent
in the threshold applied under section
433.68(f)(3)(i) of title 42, Code of
Federal Regulations, for determining
whether or not there is an indirect
guarantee to hold a taxpayer harmless,
as required to carry out section
1903(w)(4)(C)(ii) of the Social
Security Act, as added by section 403
of the Medicare Improvement and
Extension Act of 2006 (division B of
Public Law 109-432).
(II) Change in definition of
managed care.--The change in the
definition of managed care as proposed
in the revision of section 433.56(a)(8)
of title 42, Code of Federal
Regulations, as required to carry out
section 1903(w)(7)(A)(viii) of the
Social Security Act, as amended by
section 6051 of the Deficit Reduction
Act of 2005 (Public Law 109-171).
(E) Date specified.--The date specified in this
subparagraph for the provision described in--
(i) subparagraph (B) is December 3, 2007;
(ii) subparagraph (C) is September 27,
2007; or
(iii) subparagraph (D) is February 21,
2008.
(b) Funds to Reduce Medicaid Fraud and Abuse.--
(1) In general.--For purposes of reducing fraud and abuse in the
Medicaid program under title XIX of the Social Security Act--
(A) there is appropriated to the Secretary of
Health and Human Services, out of any money in the
Treasury not otherwise appropriated, $25,000,000, for
fiscal year 2009; and
(B) there is authorized to be appropriated to the
Secretary $25,000,000 for fiscal year 2010 and each
subsequent fiscal year.
Amounts appropriated under this section shall remain available
for expenditure until expended and shall be in addition to any
other amounts appropriated or made available to the Secretary
for such purposes with respect to the Medicaid program.
(2) Annual report.--Not later than September 30 of 2009 and of each
subsequent year, the Secretary of Health and Human Services shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a report on
the activities (and the results of such activities) funded under
paragraph (1) to reduce waste, fraud, and abuse in the Medicaid program
under title XIX of the Social Security Act during the previous 12 month
period, including the amount of funds appropriated under such paragraph
for each such activity and an estimate of the savings to the Medicaid
program resulting from each such activity.
(c) Study and Reports to Congress.--
(1) Secretarial report identifying problems.--Not later
than July 1, 2008, the Secretary of Health and Human Services
shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Finance of the
Senate a report that--
(A) outlines the specific problems the Medicaid
regulations referred to in the amendments made by
paragraphs (1) and (2) of subsection (a) and in the
provisions described in subparagraph (B) through (D) of
paragraph (3) of such subsection were intended to
address;
(B) detailing how these regulations were designed
to address these specific problems; and
(C) cites the legal authority for such regulations.
(2) Independent comprehensive study and report.--
(A) In general.--Not later than July 1, 2008, the
Secretary of Health and Human Services shall enter into
a contract with an independent organization for the
purpose of--
(i) producing a comprehensive report on the
prevalence of the problems outlined in the
report submitted under paragraph (1);
(ii) identifying strategies in existence to
address these problems; and
(iii) assessing the impact of each
regulation referred to in such paragraph on
each State and the District of Columbia.
(B) Additional matter.--The report under
subparagraph (A) shall also include--
(i) an identification of which claims for
items and services (including administrative
activities) under title XIX of the Social
Security Act are not processed through systems
described in section 1903(r) of such Act;
(ii) an examination of the reasons why
these claims for such items and services are
not processed through such systems; and
(iii) recommendations on actions by the
Federal government and the States that can make
claims for such items and services more
accurate and complete consistent with such
title.
(C) Deadline.--The report under subparagraph (A)
shall be submitted to the Committee on Energy and
Commerce of the House of Representatives and the
Committee on Finance of the Senate not later than March
1, 2009.
(D) Cooperation of states.--If the Secretary of
Health and Human Services determines that a State or
the District of Columbia has not cooperated with the
independent organization for purposes of the report
under this paragraph, the Secretary shall reduce the
amount paid to the State or District under section
1903(a) of the Social Security Act (42 U.S.C. 1396b(a))
by $25,000 for each day on which the Secretary
determines such State or District has not so
cooperated. Such reduction shall be made through a
process that permits the State or District to challenge
the Secretary's determination.
(3) Funding.--
(A) In general.--Out of any money in the Treasury
of the United States not otherwise appropriated, there
are appropriated to the Secretary without further
appropriation, $5,000,000 to carry out this subsection.
(B) Availability; amounts in addition to other
amounts appropriated for such activities.--Amounts
appropriated pursuant to subparagraph (A) shall--
(i) remain available until expended; and
(ii) be in addition to any other amounts
appropriated or made available to the Secretary
of Health and Human Services with respect to
the Medicaid program.
(d) Asset Verification Through Access to Information Held by
Financial Institutions.--
(1) Addition of authority.--Title XIX of the Social
Security Act is amended by inserting after section 1939 the
following new section:
``asset verification through access to information held by financial
institutions
``Sec. 1940. (a) Implementation.--
``(1) In general.--Subject to the provisions of this
section, each State shall implement an asset verification
program described in subsection (b), for purposes of
determining or redetermining the eligibility of an individual
for medical assistance under the State plan under this title.
``(2) Plan submittal.--In order to meet the requirement of
paragraph (1), each State shall--
``(A) submit not later than a deadline specified by
the Secretary consistent with paragraph (3), a State
plan amendment under this title that describes how the
State intends to implement the asset verification
program; and
``(B) provide for implementation of such program
for eligibility determinations and redeterminations
made on or after 6 months after the deadline
established for submittal of such plan amendment.
``(3) Phase-in.--
``(A) In general.--
``(i) Implementation in current asset
verification demo states.--The Secretary shall
require those States specified in subparagraph
(C) (to which an asset verification program has
been applied before the date of the enactment
of this section) to implement an asset
verification program under this subsection by
the end of fiscal year 2009.
``(ii) Implementation in other states.--The
Secretary shall require other States to submit
and implement an asset verification program
under this subsection in such manner as is
designed to result in the application of such
programs, in the aggregate for all such other
States, to enrollment of approximately, but not
less than, the following percentage of
enrollees, in the aggregate for all such other
States, by the end of the fiscal year involved:
``(I) 12.5 percent by the end of
fiscal year 2009.
``(II) 25 percent by the end of
fiscal year 2010.
``(III) 50 percent by the end of
fiscal year 2011.
``(IV) 75 percent by the end of
fiscal year 2012.
``(V) 100 percent by the end of
fiscal year 2013.
``(B) Consideration.--In selecting States under
subparagraph (A)(ii), the Secretary shall consult with
the States involved and take into account the
feasibility of implementing asset verification programs
in each such State.
``(C) States specified.--The States specified in
this subparagraph are California, New York, and New
Jersey.
``(D) Construction.--Nothing in subparagraph
(A)(ii) shall be construed as preventing a State from
requesting, and the Secretary approving, the
implementation of an asset verification program in
advance of the deadline otherwise established under
such subparagraph.
``(4) Exemption of territories.--This section shall only
apply to the 50 States and the District of Columbia.
``(b) Asset Verification Program.--
``(1) In general.--For purposes of this section, an asset
verification program means a program described in paragraph (2)
under which a State--
``(A) requires each applicant for, or recipient of,
medical assistance under the State plan under this
title on the basis of being aged, blind, or disabled to
provide authorization by such applicant or recipient
(and any other person whose resources are material to
the determination of the eligibility of the applicant
or recipient for such assistance) for the State to
obtain (subject to the cost reimbursement requirements
of section 1115(a) of the Right to Financial Privacy
Act but at no cost to the applicant or recipient) from
any financial institution (within the meaning of
section 1101(1) of such Act) any financial record
(within the meaning of section 1101(2) of such Act)
held by the institution with respect to the applicant
or recipient (and such other person, as applicable),
whenever the State determines the record is needed in
connection with a determination with respect to such
eligibility for (or the amount or extent of) such
medical assistance; and
``(B) uses the authorization provided under
subparagraph (A) to verify the financial resources of
such applicant or recipient (and such other person, as
applicable), in order to determine or redetermine the
eligibility of such applicant or recipient for medical
assistance under the State plan.
``(2) Program described.--A program described in this
paragraph is a program for verifying individual assets in a
manner consistent with the approach used by the Commissioner of
Social Security under section 1631(e)(1)(B)(ii).
``(c) Duration of Authorization.--Notwithstanding section
1104(a)(1) of the Right to Financial Privacy Act, an authorization
provided to a State under subsection (b)(1) shall remain effective
until the earliest of--
``(1) the rendering of a final adverse decision on the
applicant's application for medical assistance under the
State's plan under this title;
``(2) the cessation of the recipient's eligibility for such
medical assistance; or
``(3) the express revocation by the applicant or recipient
(or such other person described in subsection (b)(1), as
applicable) of the authorization, in a written notification to
the State.
``(d) Treatment of Right to Financial Privacy Act Requirements.--
``(1) An authorization obtained by the State under
subsection (b)(1) shall be considered to meet the requirements
of the Right to Financial Privacy Act for purposes of section
1103(a) of such Act, and need not be furnished to the financial
institution, notwithstanding section 1104(a) of such Act.
``(2) The certification requirements of section 1103(b) of
the Right to Financial Privacy Act shall not apply to requests
by the State pursuant to an authorization provided under
subsection (b)(1).
``(3) A request by the State pursuant to an authorization
provided under subsection (b)(1) is deemed to meet the
requirements of section 1104(a)(3) of the Right to Financial
Privacy Act and of section 1102 of such Act, relating to a
reasonable description of financial records.
``(e) Required Disclosure.--The State shall inform any person who
provides authorization pursuant to subsection (b)(1)(A) of the duration
and scope of the authorization.
``(f) Refusal or Revocation of Authorization.--If an applicant for,
or recipient of, medical assistance under the State plan under this
title (or such other person described in subsection (b)(1), as
applicable) refuses to provide, or revokes, any authorization made by
the applicant or recipient (or such other person, as applicable) under
subsection (b)(1)(A) for the State to obtain from any financial
institution any financial record, the State may, on that basis,
determine that the applicant or recipient is ineligible for medical
assistance.
``(g) Use of Contractor.--For purposes of implementing an asset
verification program under this section, a State may select and enter
into a contract with a public or private entity meeting such criteria
and qualifications as the State determines appropriate, consistent with
requirements in regulations relating to general contracting provisions
and with section 1903(i)(2). In carrying out activities under such
contract, such an entity shall be subject to the same requirements and
limitations on use and disclosure of information as would apply if the
State were to carry out such activities directly.
``(h) Technical Assistance.--The Secretary shall provide States
with technical assistance to aid in implementation of an asset
verification program under this section.
``(i) Reports.--A State implementing an asset verification program
under this section shall furnish to the Secretary such reports
concerning the program, at such times, in such format, and containing
such information as the Secretary determines appropriate.
``(j) Treatment of Program Expenses.--Notwithstanding any other
provision of law, reasonable expenses of States in carrying out the
program under this section shall be treated, for purposes of section
1903(a), in the same manner as State expenditures specified in
paragraph (7) of such section.''.
(2) State plan requirements.--Section 1902(a) of such Act
(42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (69) by striking ``and'' at the
end;
(B) in paragraph (70) by striking the period at the
end and inserting ``; and''; and
(C) by inserting after paragraph (70), as so
amended, the following new paragraph:
``(71) provide that the State will implement an asset
verification program as required under section 1940.''.
(3) Withholding of federal matching payments for
noncompliant states.--Section 1903(i) of such Act (42 U.S.C.
1396b(i)) is amended--
(A) in paragraph (22) by striking ``or'' at the
end;
(B) in paragraph (23) by striking the period at the
end and inserting ``; or''; and
(C) by adding after paragraph (23) the following
new paragraph:
``(24) if a State is required to implement an asset
verification program under section 1940 and fails to implement
such program in accordance with such section, with respect to
amounts expended by such State for medical assistance for
individuals subject to asset verification under such section,
unless--
``(A) the State demonstrates to the Secretary's
satisfaction that the State made a good faith effort to
comply;
``(B) not later than 60 days after the date of a
finding that the State is in noncompliance, the State
submits to the Secretary (and the Secretary approves) a
corrective action plan to remedy such noncompliance;
and
``(C) not later than 12 months after the date of
such submission (and approval), the State fulfills the
terms of such corrective action plan.''.
(4) Repeal.--Section 4 of Public Law 110-90 is repealed.
(e) Adjustment to PAQI Fund.--Section 1848(l)(2) of the Social
Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by section 101(a)(2)
of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law
110-173), is amended--
(1) in subparagraph (A)(i)--
(A) in subclause (III), by striking
``$4,960,000,000'' and inserting ``$3,940,000,000'';
and
(B) by adding at the end the following new
subclause:
``(IV) For expenditures during
2014, an amount equal to
$3,750,000,000.'';
(2) in subparagraph (A)(ii), by adding at the end the
following new subclause:
``(IV) 2014.--The amount available
for expenditures during 2014 shall only
be available for an adjustment to the
update of the conversion factor under
subsection (d) for that year.''; and
(3) in subparagraph (B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) 2014 for payment with respect to
physicians' services furnished during 2014.''.
TITLE VI--ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT CONTRACTING
CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE
short title
Sec. 6101. This chapter may be cited as the ``Close the Contractor
Fraud Loophole Act''.
revision of the federal acquisition regulation
Sec. 6102. The Federal Acquisition Regulation shall be amended
within 180 days after the date of the enactment of this Act pursuant to
FAR Case 2007-006 (as published at 72 Fed Reg. 64019, November 14,
2007) or any follow-on FAR case to include provisions that require
timely notification by Federal contractors of violations of Federal
criminal law or overpayments in connection with the award or
performance of covered contracts or subcontracts, including those
performed outside the United States and those for commercial items.
definition
Sec. 6103. In this chapter, the term ``covered contract'' means
any contract in an amount greater than $5,000,000 and more than 120
days in duration.
CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY
short title
Sec. 6201. This chapter may be cited as the ``Government Funding
Transparency Act of 2008''.
financial disclosure requirements for certain recipients of federal
awards
Sec. 6202. (a) Disclosure Requirements.--Section 2(b)(1) of the
Federal Funding Accountability and Transparency Act (Public Law 109-
282; 31 U.S.C. 6101 note) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) the names and total compensation of the five
most highly compensated officers of the entity if--
``(i) the entity in the preceding fiscal
year received--
``(I) 80 percent or more of its
annual gross revenues in Federal
awards; and
``(II) $25,000,000 or more in
annual gross revenues from Federal
awards; and
``(ii) the public does not have access to
information about the compensation of the
senior executives of the entity through
periodic reports filed under section 13(a) or
15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of
the Internal Revenue Code of 1986.''.
(b) Regulations Required.--The Director of the Office of Management
and Budget shall promulgate regulations to implement the amendment made
by this chapter. Such regulations shall include a definition of ``total
compensation'' that is consistent with regulations of the Securities
and Exchange Commission at section 402 of part 229 of title 17 of the
Code of Federal Regulations (or any subsequent regulation).
TITLE VII--GI BILL FINANCING PROVISION
gi bill financing provision
Sec. 7001. (a) In General.--Part I of subchapter A of chapter 1 of
the Internal Revenue Code of 1986 is amended by inserting after section
1 the following new section:
``SEC. 1A. INCREASE IN TAX ON HIGH INCOME INDIVIDUALS TO FINANCE THE GI
BILL.
``(a) General Rule.--In the case of a taxpayer other than a
corporation, there is hereby imposed (in addition to any other tax
imposed by this subtitle) a tax equal to 0.47 percent of so much of
modified adjusted gross income as exceeds $500,000 ($1,000,000 in the
case of a joint return or a surviving spouse (as defined in section
2(a)).
``(b) Modified Adjusted Gross Income.--For purposes of this
section, the term `modified adjusted gross income' means adjusted gross
income reduced by any deduction allowed for investment interest (as
defined in section 163(d)). In the case of an estate or trust, a rule
similar to the rule of section 67(e) shall apply for purposes of
determining adjusted gross income for purposes of this section.
``(c) Nonresident Alien.--In the case of a nonresident alien
individual, only amounts taken into account in connection with the tax
imposed by section 871(b) shall be taken into account under this
section.
``(d) Marital Status.--For purposes of this section, marital status
shall be determined under section 7703.
``(e) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this section shall not be treated as
tax imposed by this chapter for purposes of determining the amount of
any credit under this chapter or for purposes of section 55.''.
(b) Clerical Amendment.--The table of sections for part I of
subchapter A of chapter 1 of such Code is amended by inserting after
the item relating to section 1 the following new item:
``Sec. 1A. Increase in tax on high income individuals to finance the GI
bill.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
(d) Section 15 Not to Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986.
TITLE VIII--GENERAL PROVISIONS
availability of funds
Sec. 8001. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
emergency designation
Sec. 8002. Each amount in each title of this Act is designated as
an emergency requirement and necessary to meet emergency needs pursuant
to subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th
Congress), the concurrent resolution on the budget for fiscal year
2008.
short title
Sec. 8003. This Act may be cited as the ``Supplemental
Appropriations Act, 2008''.
Attest:
Clerk.
110th CONGRESS
2d Session
H.R. 2642
_______________________________________________________________________
HOUSE AMENDMENTS TO SENATE AMENDMENT