[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.