[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2642 Enrolled Bill (ENR)]
H.R.2642
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2008, and for
other purposes, namely:
TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL
AFFAIRS, AND OTHER SECURITY-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''.
TITLE IX
DEFENSE MATTERS
CHAPTER 1
DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$12,216,715,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$894,185,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,826,688,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,355,544,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$304,200,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$72,800,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$16,720,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$5,000,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$1,369,747,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $4,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$17,223,512,000.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Navy'',
$2,977,864,000: Provided, That up to $112,607,000 shall be transferred
to the Coast Guard ``Operating Expenses'' account.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $159,900,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $5,972,520,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $3,657,562,000, of which--
(1) not to exceed $25,000,000 may be used for the Combatant
Commander Initiative Fund, to be used in support of Operation Iraqi
Freedom and Operation Enduring Freedom;
(2) not to exceed $800,000,000, to remain available until
expended, may be used for payments to reimburse key cooperating
nations, for logistical, military, and other support provided to
United States military operations, notwithstanding any other
provision of law: Provided, That these funds may be used for the
purpose of providing specialized training and procuring supplies
and specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Iraq and
Afghanistan: Provided further, That such payments may be made in
such amounts as the Secretary of Defense, with the concurrence of
the Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the Secretary of
Defense to adequately account for the support provided, and such
determination is final and conclusive upon the accounting officers
of the United States, and 15 days following notification to the
appropriate congressional committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided in
this paragraph: Provided further, That of the amount available
under this heading for the Defense Contract Management Agency,
$52,000,000 shall remain available until September 30, 2009.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $164,839,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $109,876,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $70,256,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $165,994,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $685,644,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $287,369,000.
Iraq Freedom Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Iraq Freedom Fund'', $50,000,000, to
remain available for transfer until September 30, 2009, notwithstanding
any other provision of law, only for the redevelopment of the Iraqi
industrial sector by identifying, and providing assistance to,
factories and other industrial facilities that are best situated to
resume operations quickly and reemploy the Iraqi workforce: Provided,
That the Secretary of Defense shall, not fewer than 15 days prior to
making transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such transfer.
Afghanistan Security Forces Fund
For an additional amount for the ``Afghanistan Security Forces
Fund'', $1,400,000,000, to remain available until September 30, 2009.
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ``Iraq Security Forces Fund'',
$1,500,000,000, to remain available until September 30, 2009: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Commander, Multi-National Security Transition Command--Iraq, or the
Secretary's designee, to provide assistance, with the concurrence of
the Secretary of State, to the security forces of Iraq, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That none of the assistance provided under this
heading in the form of funds may be utilized for the provision of
salaries, wages, or bonuses to personnel of the Iraqi Security Forces:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That the Secretary of Defense may
transfer such funds to appropriations for military personnel; operation
and maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
procurement; research, development, test and evaluation; and defense
working capital funds to accomplish the purposes provided herein:
Provided further, That this transfer authority is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That upon a determination that all or part of the
funds so transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, and used for
such purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt and upon
the transfer of any contribution delineating the sources and amounts of
the funds received and the specific use of such contributions: Provided
further, That the Secretary of Defense shall, not fewer than 15 days
prior to making transfers from this appropriation account, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That the Secretary shall submit a report no
later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the
transfer of funds from this appropriation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$954,111,000, to remain available for obligation until September 30,
2010.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$561,656,000, to remain available for obligation until September 30,
2010.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $5,463,471,000, to remain available for
obligation until September 30, 2010.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$344,900,000, to remain available for obligation until September 30,
2010.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$16,337,340,000, to remain available for obligation until September 30,
2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$3,563,254,000, to remain available for obligation until September 30,
2010.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$317,456,000, to remain available for obligation until September 30,
2010.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $304,945,000, to remain available for obligation until
September 30, 2010.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$1,399,135,000, to remain available for obligation until September 30,
2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$2,197,390,000, to remain available for obligation until September 30,
2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$7,103,923,000, to remain available for obligation until September 30,
2010.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$66,943,000, to remain available for obligation until September 30,
2010.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $205,455,000, to remain available for obligation until
September 30, 2010.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$1,953,167,000, to remain available for obligation until September 30,
2010.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$408,209,000, to remain available for obligation until September 30,
2010.
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $825,000,000, to remain available for obligation until
September 30, 2010: Provided, That the Chiefs of the National Guard and
Reserve components shall, prior to the expenditure of funds, and not
later than 30 days after the enactment of this Act, individually submit
to the congressional defense committees an equipment modernization
priority assessment with a detailed plan for the expenditure of funds
for their respective National Guard and Reserve components.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $162,958,000, to remain available until September
30, 2009.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $366,110,000, to remain available until September
30, 2009.
Research, Development, Test And Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $399,817,000, to remain available until
September 30, 2009.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $816,598,000, to remain available until
September 30, 2009.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$1,837,450,000, to remain available for obligation until expended.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift Fund'',
$5,110,000, to remain available for obligation until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,413,864,000, of which $957,064,000 shall be for operation and
maintenance; of which $91,900,000 is for procurement, to remain
available until September 30, 2010; of which $364,900,000 shall be for
research, development, test and evaluation, to remain available until
September 30, 2009: Provided, That in addition to amounts otherwise
contained in this paragraph, $75,000,000 is hereby appropriated to the
``Defense Health Program'' for operation and maintenance for
psychological health and traumatic brain injury, to remain available
until September 30, 2009.
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $65,317,000, to remain available until September
30, 2009.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$6,394,000, of which $2,000,000 shall be for research, development,
test and evaluation, to remain available until September 30, 2009.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 9101. Appropriations provided in this chapter are available
for obligation until September 30, 2008, unless otherwise provided in
this chapter.
Sec. 9102. Notwithstanding any other provision of law, funds made
available in this chapter are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2008.
(INCLUDING TRANSFER OF FUNDS)
Sec. 9103. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may
transfer between appropriations up to $2,500,000,000 of the funds made
available to the Department of Defense in this chapter: Provided, That
the Secretary shall notify the Congress promptly of each transfer made
pursuant to the authority in this section: Provided further, That the
authority provided in this section is in addition to any other transfer
authority available to the Department of Defense and is subject to the
same terms and conditions as the authority provided in section 8005 of
Public Law 110-116, except for the fourth proviso.
Sec. 9104. (a) From funds made available for operation and
maintenance in this chapter to the Department of Defense, not to exceed
$1,226,841,000 may be used, notwithstanding any other provision of law,
to fund the Commander's Emergency Response Program, for the purpose of
enabling military commanders in Iraq, Afghanistan, and the Philippines
to respond to urgent humanitarian relief and reconstruction
requirements within their areas of responsibility by carrying out
programs that will immediately assist the Iraqi, Afghan, and Filipino
people.
(b) Not later than 15 days after the end of each fiscal year
quarter, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were made
available pursuant to the authority provided in this section or under
any other provision of law for the purposes of the programs under
subsection (a).
(INCLUDING TRANSFER OF FUNDS)
Sec. 9105. During fiscal year 2008, the Secretary of Defense may
transfer not to exceed $6,500,000 of the amounts in or credited to the
Defense Cooperation Account, pursuant to 10 U.S.C. 2608, to such
appropriations or funds of the Department of Defense as the Secretary
shall determine for use consistent with the purposes for which such
funds were contributed and accepted: Provided, That such amounts shall
be available for the same time period as the appropriation to which
transferred: Provided further, That the Secretary shall report to the
Congress all transfers made pursuant to this authority.
Sec. 9106. Of the amount appropriated by this chapter under the
heading ``Drug Interdiction and Counter-Drug Activities, Defense'', not
to exceed $20,000,000 may be used for the provision of support for
counter-drug activities of the Governments of Afghanistan, Kazakhstan,
Kyrgyzstan, Pakistan, Tajikistan, and Turkmenistan, as specified in
section 1033 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85, as amended by Public Laws 106-398, 108-136,
109-364, and 110-181): Provided, That such support shall be in addition
to support provided under any other provision of the law.
Sec. 9107. Amounts provided in this chapter for operations in Iraq
and Afghanistan may be used by the Department of Defense for the
purchase of up to 20 heavy and light armored vehicles for force
protection purposes, notwithstanding price or other limitations
specified elsewhere in the Department of Defense Appropriations Act,
2008 (Public Law 110-116), or any other provision of law: Provided,
That notwithstanding any other provision of law, funds provided in
Public Law 110-116 and Public Law 110-161 under the heading ``Other
Procurement, Navy'' may be used for the purchase of 21 vehicles
required for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to exceed $255,000
per vehicle: Provided further, That the Secretary of Defense shall
submit a report in writing no later than 30 days after the end of each
fiscal quarter notifying the congressional defense committees of any
purchase described in this section, including cost, purposes, and
quantities of vehicles purchased.
(INCLUDING TRANSFER OF FUNDS)
Sec. 9108. Section 8122(c) of Public Law 110-116 is amended by
adding at the end the following:
``(4) Upon a determination that all or part of the funds
transferred under paragraph (1) are not necessary to accomplish the
purposes specified in subsection (b), such amounts may be
transferred back to the `Mine Resistant Ambush Protected Vehicle
Fund'.''.
Sec. 9109. Notwithstanding any other provision of law, not to
exceed $150,000,000 of funds made available in this chapter may be
obligated to conduct or support a program to build the capacity of a
foreign country's national military forces in order for that country to
conduct counterterrorist operations or participate in or support
military and stability operations in which the U.S. Armed Forces are a
participant: Provided, That funds available pursuant to the authority
in this section shall be subject to the same restrictions, limitations,
and reporting requirements as funds available pursuant to section 1206
of Public Law 109-163 as amended.
CHAPTER 2
DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$839,000,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$75,000,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$55,000,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$75,000,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$150,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$37,300,000,000.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Navy'',
$3,500,000,000: Provided, That up to $112,000,000 shall be transferred
to the Coast Guard ``Operating Expenses'' account.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $2,900,000,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $5,000,000,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $2,648,569,000, of which not to exceed $200,000,000, to remain
available until expended, may be used for payments to reimburse key
cooperating nations, for logistical, military, and other support
provided to United States military operations, notwithstanding any
other provision of law: Provided, That these funds may be used for the
purpose of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces supporting
United States military operations in Iraq and Afghanistan: Provided
further, That such payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of State,
and in consultation with the Director of the Office of Management and
Budget, may determine, in his discretion, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
notification to the appropriate congressional committees: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds provided in
this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $79,291,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $42,490,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $47,076,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $12,376,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $333,540,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $52,667,000.
Afghanistan Security Forces Fund
For an additional amount for the ``Afghanistan Security Forces
Fund'', $2,000,000,000, to remain available until September 30, 2009.
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Iraq Security Forces Fund'', $1,000,000,000, to remain
available until September 30, 2009: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any other
provision of law, for the purpose of allowing the Commander, Multi-
National Security Transition Command--Iraq, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Iraq, including the provision of
equipment, supplies, services, training, facility and infrastructure
repair, renovation, and construction, and funding: Provided further,
That none of the assistance provided under this heading in the form of
funds may be utilized for the provision of salaries, wages, or bonuses
to personnel of the Iraqi Security Forces: Provided further, That the
authority to provide assistance under this heading is in addition to
any other authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such funds to
appropriations for military personnel; operation and maintenance;
Overseas Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purposes provided herein: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That upon a
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That contributions of funds for the purposes provided herein
from any person, foreign government, or international organization may
be credited to this Fund, and used for such purposes: Provided further,
That the Secretary shall notify the congressional defense committees in
writing upon the receipt and upon the transfer of any contribution
delineating the sources and amounts of the funds received and the
specific use of such contributions: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to making
transfers from this appropriation account, notify the congressional
defense committees in writing of the details of any such transfer:
Provided further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the congressional
defense committees summarizing the details of the transfer of funds
from this appropriation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$84,000,000, to remain available for obligation until September 30,
2011.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $822,674,000, to remain available for
obligation until September 30, 2011.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$46,500,000, to remain available for obligation until September 30,
2011.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,009,050,000, to remain available for obligation until September 30,
2011.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$27,948,000, to remain available for obligation until September 30,
2011.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$565,425,000, to remain available for obligation until September 30,
2011.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$201,842,000, to remain available for obligation until September 30,
2011.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$1,500,644,000, to remain available for obligation until September 30,
2011.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$177,237,000, to remain available for obligation until September 30,
2011.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $113,228,000, to remain available until September
30, 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $72,041,000, to remain available until
September 30, 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $202,559,000, to remain available until
September 30, 2010.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,100,000,000 for operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $188,000,000.
Joint Improvised Explosive Device Defeat Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Joint Improvised Explosive Device
Defeat Fund'', $2,000,000,000, to remain available until September 30,
2011: Provided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, for the purpose of
allowing the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That within 60 days of the enactment of this Act, a plan for
the intended management and use of the amounts provided under this
heading shall be submitted to the congressional defense committees:
Provided further, That the Secretary of Defense shall submit a report
not later than 60 days after the end of each fiscal quarter to the
congressional defense committees providing assessments of the evolving
threats, individual service requirements to counter the threats, the
current strategy for predeployment training of members of the Armed
Forces on improvised explosive devices, and details on the execution of
the Fund: Provided further, That the Secretary of Defense may transfer
funds provided herein to appropriations for operation and maintenance;
procurement; research, development, test and evaluation; and defense
working capital funds to accomplish the purpose provided herein:
Provided further, That this transfer authority is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 9201. Appropriations provided in this chapter are not
available for obligation until October 1, 2008.
Sec. 9202. Appropriations provided in this chapter are available
for obligation until September 30, 2009, unless otherwise provided in
this chapter.
(INCLUDING TRANSFER OF FUNDS)
Sec. 9203. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may
transfer between appropriations up to $4,000,000,000 of the funds made
available to the Department of Defense in this chapter: Provided, That
the Secretary shall notify the Congress promptly of each transfer made
pursuant to the authority in this section: Provided further, That the
authority provided in this section is in addition to any other transfer
authority available to the Department of Defense and is subject to the
same terms and conditions as the authority provided in section 8005 of
Public Law 110-116, except for the fourth proviso.
Sec. 9204. (a) Not later than December 5, 2008 and every 90 days
thereafter through the end of fiscal year 2009, the Secretary of
Defense shall set forth in a report to Congress a comprehensive set of
performance indicators and measures for progress toward military and
political stability in Iraq.
(b) The report shall include performance standards and goals for
security, economic, and security force training objectives in Iraq
together with a notional timetable for achieving these goals.
(c) In specific, the report requires, at a minimum, the following:
(1) With respect to stability and security in Iraq, the
following:
(A) Key measures of political stability, including the
important political milestones that must be achieved over the
next several years.
(B) The primary indicators of a stable security environment
in Iraq, such as number of engagements per day, numbers of
trained Iraqi forces, trends relating to numbers and types of
ethnic and religious-based hostile encounters, and progress
made in the transition of responsibility for the security of
Iraqi provinces to the Iraqi Security Forces under the
Provincial Iraqi Control (PIC) process.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is composed of
non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and efforts to
disarm or reintegrate each militia.
(E) Key indicators of economic activity that should be
considered the most important for determining the prospects of
stability in Iraq, including--
(i) unemployment levels;
(ii) electricity, water, and oil production rates; and
(iii) hunger and poverty levels.
(F) The most recent annual budget for the Government of
Iraq, including a description of amounts budgeted for support
of Iraqi security and police forces and an assessment of how
planned funding will impact the training, equipping and overall
readiness of those forces.
(G) The criteria the Administration will use to determine
when it is safe to begin withdrawing United States forces from
Iraq.
(2) With respect to the training and performance of security
forces in Iraq, the following:
(A) The training provided Iraqi military and other Ministry
of Defense forces and the equipment used by such forces.
(B) Key criteria for assessing the capabilities and
readiness of the Iraqi military and other Ministry of Defense
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping
these forces), and the milestones and notional timetable for
achieving these goals.
(C) The operational readiness status of the Iraqi military
forces, including the type, number, size, and organizational
structure of Iraq battalions that are--
(i) capable of conducting counterinsurgency operations
independently without any support from Coalition Forces;
(ii) capable of conducting counterinsurgency operations
with the support of United States or coalition forces; or
(iii) not ready to conduct counterinsurgency
operations.
(D) The amount and type of support provided by Coalition
Forces to the Iraqi Security Forces at each level of
operational readiness.
(E) The number of Iraqi battalions in the Iraqi Army
currently conducting operations and the type of operations
being conducted.
(F) The rates of absenteeism in the Iraqi military forces
and the extent to which insurgents have infiltrated such
forces.
(G) The training provided Iraqi police and other Ministry
of Interior forces and the equipment used by such forces.
(H) The level and effectiveness of the Iraqi Security
Forces under the Ministry of Defense in provinces where the
United States has formally transferred responsibility for the
security of the province to the Iraqi Security Forces under the
Provincial Iraqi Control (PIC) process.
(I) Key criteria for assessing the capabilities and
readiness of the Iraqi police and other Ministry of Interior
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping),
and the milestones and notional timetable for achieving these
goals, including--
(i) the number of police recruits that have received
classroom training and the duration of such instruction;
(ii) the number of veteran police officers who have
received classroom instruction and the duration of such
instruction;
(iii) the number of police candidates screened by the
Iraqi Police Screening Service, the number of candidates
derived from other entry procedures, and the success rates
of those groups of candidates;
(iv) the number of Iraqi police forces who have
received field training by international police trainers
and the duration of such instruction;
(v) attrition rates and measures of absenteeism and
infiltration by insurgents; and
(vi) the level and effectiveness of the Iraqi Police
and other Ministry of Interior Forces in provinces where
the United States has formally transferred responsibility
for the security of the province to the Iraqi Security
Forces under the Provincial Iraqi Control (PIC) process.
(J) The estimated total number of Iraqi battalions needed
for the Iraqi security forces to perform duties now being
undertaken by coalition forces, including defending the borders
of Iraq and providing adequate levels of law and order
throughout Iraq.
(K) The effectiveness of the Iraqi military and police
officer cadres and the chain of command.
(L) The number of United States and coalition advisors
needed to support the Iraqi security forces and associated
ministries.
(M) An assessment, in a classified annex if necessary, of
United States military requirements, including planned force
rotations, through the end of calendar year 2009.
Sec. 9205. (a) Report by Secretary of Defense.--Not later than 30
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a report
that contains individual transition readiness assessments by unit of
Iraq and Afghan security forces. The Secretary of Defense shall submit
to the congressional defense committees updates of the report required
by this subsection every 90 days after the date of the submission of
the report until October 1, 2009. The report and updates of the report
required by this subsection shall be submitted in classified form.
(b) Report by OMB.--
(1) The Director of the Office of Management and Budget, in
consultation with the Secretary of Defense; the Commander, Multi-
National Security Transition Command--Iraq; and the Commander,
Combined Security Transition Command--Afghanistan, shall submit to
the congressional defense committees not later than 120 days after
the date of the enactment of this Act and every 90 days thereafter
a report on the proposed use of all funds under each of the
headings ``Iraq Security Forces Fund'' and ``Afghanistan Security
Forces Fund'' on a project-by-project basis, for which the
obligation of funds is anticipated during the 3-month period from
such date, including estimates by the commanders referred to in
this paragraph of the costs required to complete each such project.
(2) The report required by this subsection shall include the
following:
(A) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
paragraph (1) were obligated prior to the submission of the
report, including estimates by the commanders referred to in
paragraph (1) of the costs to complete each project.
(B) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to in
paragraph (1) in prior appropriations Acts, or for which funds
were made available by transfer, reprogramming, or allocation
from other headings in prior appropriations Acts, including
estimates by the commanders referred to in paragraph (1) of the
costs to complete each project.
(C) An estimated total cost to train and equip the Iraq and
Afghan security forces, disaggregated by major program and sub-
elements by force, arrayed by fiscal year.
(c) Notification.--The Secretary of Defense shall notify the
congressional defense committees of any proposed new projects or
transfers of funds between sub-activity groups in excess of $15,000,000
using funds appropriated by this Act under the headings ``Iraq Security
Forces Fund'' and ``Afghanistan Security Forces Fund''.
Sec. 9206. Funds available to the Department of Defense for
operation and maintenance provided in this chapter may be used,
notwithstanding any other provision of law, to provide supplies,
services, transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided under this
section.
Sec. 9207. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance, ``Afghanistan Security Forces Fund'' or ``Iraq
Security Forces Fund'' provided in this chapter, and executed in direct
support of the Global War on Terrorism only in Iraq and Afghanistan,
may be obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision and
administration costs include all in-house Government costs.
(INCLUDING TRANSFER OF FUNDS)
Sec. 9208. (a) Notwithstanding any other provision of law, and in
addition to amounts otherwise made available by this Act, there is
appropriated $1,700,000,000 for the ``Mine Resistant Ambush Protected
Vehicle Fund'', to remain available until September 30, 2009.
(b) The funds provided by subsection (a) shall be available to the
Secretary of Defense to continue technological research and development
and upgrades, to procure Mine Resistant Ambush Protected vehicles and
associated support equipment, and to sustain, transport, and field Mine
Resistant Ambush Protected vehicles.
(c)(1) The Secretary of Defense shall transfer funds provided by
subsection (a) to appropriations for operation and maintenance;
procurement; and research, development, test and evaluation to
accomplish the purposes specified in subsection (b). Such transferred
funds shall be merged with and be available for the same purposes and
for the same time period as the appropriation to which they are
transferred.
(2) The transfer authority provided by this subsection shall be in
addition to any other transfer authority available to the Department of
Defense.
(3) The Secretary of Defense shall, not less than 15 days prior to
making any transfer under this subsection, notify the congressional
defense committees in writing of the details of the transfer.
Sec. 9209. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
Sec. 9301. Each amount in this title is designated as an emergency
requirement and necessary to meet emergency needs pursuant to
subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th
Congress), the concurrent resolution on the budget for fiscal year
2008.
Sec. 9302. Funds appropriated by this title, or made available by
the transfer of funds in this title, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
Sec. 9303. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code;
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code of
Federal Regulations, and part 95 of title 22, Code of Federal
Regulations; and
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
148).
Sec. 9304. (a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense, the
Secretary of State, and the Secretary of Homeland Security, in
coordination with the Chairman of the Joint Chiefs of Staff and the
Director of National Intelligence, shall jointly submit to Congress a
report setting forth the global strategy of the United States to combat
and defeat al Qaeda and its affiliates.
(b) Elements of Strategy.--The strategy set forth in the report
required under subsection (a) shall include the following elements:
(1) An analysis of the global threat posed by al Qaeda and its
affiliates, including an assessment of the relative threat posed in
particular regions or countries.
(2) Recommendations regarding the distribution and deployment
of United States military, intelligence, diplomatic, and other
assets to meet the relative regional and country-specific threats
described in paragraph (1).
(3) Recommendations to ensure that the global deployment of
United States military personnel and equipment best meet the threat
identified and described in paragraph (1) and:
(A) does not undermine the military readiness or homeland
security of the United States;
(B) ensures adequate time between military deployments for
rest and training; and
(C) does not require further extensions of military
deployments to the extent practicable.
(c) Classified Annex.--The report required by subsection (a) shall
be submitted in unclassified form, but shall include a classified
annex.
Sec. 9305. None of the funds provided in this title may be used to
finance programs or activities denied by Congress in fiscal years 2007
or 2008 appropriations to the Department of Defense or to initiate a
procurement or research, development, test and evaluation new start
program without prior written notification to the congressional defense
committees.
Sec. 9306. Section 1002(c)(2) of the National Defense Authorization
Act, Fiscal Year 2008 (Public Law 110-181) is amended by striking
``$362,159,000'' and inserting ``$435,259,000''.
Sec. 9307. None of the funds appropriated or otherwise made
available by this title may be obligated or expended to provide award
fees to any defense contractor contrary to the provisions of section
814 of the National Defense Authorization Act, Fiscal Year 2007 (Public
Law 109-364).
(RESCISSIONS)
Sec. 9308. (a) Of the funds made available for ``Defense Health
Program'' in Public Law 110-28, $75,000,000 are rescinded.
(b) Of the funds made available for ``Joint Improvised Explosive
Device Defeat Fund'' in division L of the Consolidated Appropriations
Act, 2008 (Public Law 110-161), $71,531,000 are rescinded.
Sec. 9309. Of the funds appropriated in the U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28) which remain available for
obligation under the ``Iraq Freedom Fund'', $150,000,000 is only for
the Joint Rapid Acquisition Cell, and $10,000,000 is only for the
transportation of fallen service members.
Sec. 9310. None of the funds available to the Department of Defense
may be obligated or expended to implement any final action on joint
basing initiatives required under the 2005 round of defense base
closure and realignment under the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) until each affected Secretary of a military department or the
head of each affected Federal agency certifies to the congressional
defense committees that joint basing at the affected military
installation will result in significant costs savings and will not
negatively impact the morale of members of the Armed Forces.
Sec. 9311. Funds available in this title which are available to the
Department of Defense for operation and maintenance may be used to
purchase items having an investment unit cost of not more than
$250,000: Provided, That upon determination by the Secretary of Defense
that such action is necessary to meet the operational requirements of a
Commander of a Combatant Command engaged in contingency operations
overseas, such funds may be used to purchase items having an investment
item unit cost of not more than $500,000.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.