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