[Congressional Record Volume 154, Number 83 (Tuesday, May 20, 2008)]
[Senate]
[Pages S4496-S4548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4789. Mr. REID proposed an amendment to the bill H.R. 2642, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2008, and for other purposes; as follows:
  (The amendment will be printed in a future edition of the Record.)
                                 ______
                                 
  SA 4790. Mr. REID proposed an amendment to amendment SA 4789 proposed 
by Mr. Reid to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
as follows:
  (The amendment will be printed as a future edition of the Record.)
                                 ______
                                 
  SA 4791. Mr. KERRY submitted an amendment intended to be proposed by 
him to the amendment of the House numbered 1 to the amendment of the 
Senate to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 16, line 23, insert after ``agreements'' the 
     following: ``: Provided further, That of the funds 
     appropriated under this heading, $2,000,000 shall be made 
     available as a contribution for the witness and victims 
     support, protection, and participation program within the 
     United Nations Assistance to the Khmer Rouge Trials Trust 
     Fund''.

                                 ______
                                 
  SA 4792. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 8021.
                                 ______
                                 
  SA 4793. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

                  DIVISION _--IMMIGRATION ENFORCEMENT

     SEC. _1. SHORT TITLE.

       This division may be cited as the ``Secure America Through 
     Verification and Enforcement Act of 2007'' or as the ``SAVE 
     Act of 2007''.

           TITLE I--SECURING AMERICA'S INTERNATIONAL BORDERS

   Subtitle A--Manpower, Technology, and Infrastructure Improvements

     SEC. 101. MANPOWER.

       (a) Border Patrol Agents.--Section 5202 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458; 118 Stat. 3734) is amended to read as follows:

     ``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

       ``(a) Annual Increases.--The Secretary of Homeland Security 
     shall, subject to the availability of appropriations for such 
     purpose, increase the number of positions for full-time 
     active-duty Border Patrol agents within the Department of 
     Homeland Security (above the number of positions for which 
     funds were appropriated for the preceding fiscal year), by--
       ``(1) 2,500 in fiscal year 2008;
       ``(2) 2,000 in fiscal year 2009;
       ``(3) 1,500 in fiscal year 2010;
       ``(4) 1,000 in fiscal year 2011; and
       ``(5) 1,000 in fiscal year 2012.
       ``(b) Allocations.--Of the Border Patrol agents hired under 
     subsection (a), 80 percent shall be deployed along the 
     southern border of the United States and 20 percent shall be 
     deployed along the northern border of the United States.
       ``(c) Authorization of Appropriations.--The necessary funds 
     are authorized to be appropriated for each of fiscal years 
     2008 through 2012 to carry out this section.''.
       (b) Investigative Personnel.--
       (1) Additional investigative personnel for alien 
     smuggling.--In addition to the positions authorized under 
     section 5203 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004, as amended by paragraph (1), during 
     each of the fiscal years 2008 through 2012, the Secretary 
     shall, subject to the availability of appropriations, 
     increase by not less than 350 the number of positions for 
     personnel within the Department assigned to specifically 
     investigate alien smuggling.
       (2) Additional funds and personnel for the tunnel task 
     force.--Subject to appropriations, the fiscal year 2008 
     budget of the Tunnel Task Force, a joint force comprised of 
     Immigration and Customs Enforcement (ICE), Customs and Border 
     Patrol (CBP) and Drug Enforcement Administration (DEA) 
     personnel tasked to pinpoint tunnels that are utilized by 
     drug lords and ``coyotes'' to smuggle narcotics, illegal 
     aliens, and weapons of mass destruction, shall be increased 
     by 50 percent above the fiscal year 2007 budget. Such 
     increase shall be used to increase personnel, improve 
     communication and coordination between participant agencies, 
     upgrade technology, and offer cash rewards and appropriate 
     security to individuals who provide the Tunnel Task Force 
     with accurate information on existing tunnels that breach the 
     international borders of the United States.
       (3) Authorization of appropriations.--The necessary funds 
     are authorized to be appropriated to the Secretary for each 
     of the fiscal years 2008 through 2012 to carry out this 
     section.
       (c) Recruitment of Former Members of the Armed Forces and 
     Members of Reserve Components of the Armed Forces.--
       (1) Requirement for program.--The Secretary, in conjunction 
     with the Secretary of Defense, shall establish a program to 
     actively recruit covered members (a member of a reserve 
     component of the Armed Forces) or former members of the Armed 
     Forces and National Guard to serve in United States Customs 
     and Border Protection.
       (2) Report on recruitment incentives.--Not later than 90 
     days after the date of enactment of this Act, the Secretary 
     and the Secretary of Defense shall jointly submit to the 
     ``appropriate'' committees of Congress a report that shall 
     include an assessment of the desirability and feasibility of 
     offering an incentive to a covered member or former member of 
     the Armed Forces for the purpose of encouraging such member 
     to serve in United States Customs and Border Patrol and 
     Immigration and Customs Enforcement--
       (A) the Secretary must provide a description of various 
     monetary and non-monetary incentives considered for purposes 
     of the report; and
       (B) the Secretary must provide an assessment of the 
     desirability and feasibility of utilizing any such incentive.
       (3) Recommendations for recruitment incentives.--
       (A) Maximum student loan repayments for united states 
     border patrol agents with a two year commitment.--Section 
     5379(b) of title 5, United States Code, is amended by adding 
     at the end the following:
       ``(4) In the case of an employee (otherwise eligible for 
     benefits under this section) who is serving as a full-time 
     active-duty United States Border Patrol agent within the 
     Department of Homeland Security--
       ``(A) paragraph (2)(A) shall be applied by substituting 
     `$20,000' for `$10,000'; and
       ``(B) paragraph (2)(B) shall be applied by substituting 
     `$80,000' for `$60,000'.''.
       (B) Recruitment and relocation bonuses and retention 
     allowances for personnel of the department of homeland 
     security.--The Secretary of Homeland Security shall ensure 
     that the authority to pay recruitment and relocation bonuses 
     under section 5753 of title 5, United States Code, the 
     authority to pay retention bonuses under section 5754 of such 
     title, and any other similar authorities available under any 
     other provision of law, rule, or regulation, are exercised to 
     the fullest extent allowable in

[[Page S4497]]

     order to encourage service in the Department of Homeland 
     Security.
       (4) Definition.--The term ``appropriate committees of 
     Congress'' means--
       (A) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Homeland Security of the House 
     of Representatives; and
       (B) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate.

     SEC. 102. TECHNOLOGY.

       (a) Equipment Sharing Between Department of Homeland 
     Security and Department of Defense.--The Secretaries of these 
     two departments shall develop and implement a plan to use 
     authorities provided to the Secretary of Defense under 
     chapter 18 of title 10, United States Code, to increase the 
     availability and use of Department of Defense equipment, 
     including unmanned aerial vehicles, tethered aerostat radars, 
     and other surveillance equipment, to assist the Secretary in 
     carrying out surveillance activities conducted at or near the 
     international land borders of the United States to prevent 
     illegal immigration.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act (and then annually from that point), 
     the Secretary and the Secretary of Defense shall submit to 
     Congress a report that contains--
       (1) a description of the current use of Department of 
     Defense equipment to assist the Secretary in carrying out 
     surveillance of the international land borders of the United 
     States and assessment of the potential risks to citizens of 
     the United States and key foreign policy interests associated 
     with the use of such equipment;
       (2) the plan developed under subsection (a) to increase the 
     use of Department of Defense equipment to assist such 
     surveillance activities; and
       (3) a description of the types of equipment and other 
     support to be provided by the Secretary of Defense under such 
     plan during the 1-year period beginning on the date of the 
     submission of the report.
       (c) Secure Communication.--The secretary shall, as 
     expeditiously as practicable, develop and implement a plan to 
     improve the use of satellite communications and other 
     technologies to ensure clear and secure 2-way communication 
     capabilities--
       (1) among all Border Patrol agents conducting operations 
     between ports of entry;
       (2) between Border Patrol agents and their respective 
     Border Patrol stations; and
       (3) between all appropriate law enforcement agencies of the 
     Department and State, local, and tribal law enforcement 
     agencies.
       (d) Other Technology Upgrades.--The Secretary shall 
     purchase and implement new technology to secure the borders, 
     including, but not limited to drones, infrared cameras, 
     sensors, mobile lighting units, radar and infrared heat.
       (e) Authorization of Appropriations.--The necessary funds 
     are authorized to be appropriated to the Secretary for each 
     of the fiscal years 2008 through 2012 to carry out this 
     section.

     SEC. 103. INFRASTRUCTURE.

       (a) Infrastructure Improvements.--Subject to the 
     availability of appropriations, the Secretary shall construct 
     or purchase--
       (1) office facilities to accommodate additional border 
     patrol manpower;
       (2) sport utility vehicles for officers;
       (3) all weather roads for better vehicle access and 
     performance on remote and rugged terrain (road construction 
     should be done in consultation with the owner of the land and 
     take into account any environmental or other land-use issues 
     that are relevant);
       (4) additional fencing (and aesthetic fencing in business 
     districts) in urban areas of the border; and
       (5) vehicle barriers, to support, not replace, manpower, in 
     rural and remote areas of the border necessary to achieve 
     operational control of the international borders of the 
     United States.
       (b) Authorization of Appropriations.--The necessary funds 
     are authorized to be appropriated to the Secretary for each 
     of the fiscal years 2008 through 2012 to carry out this 
     section.

     SEC. 104. AERIAL VEHICLES AND SURVEILLANCE SYSTEMS.

       (a) Unmanned Aerial Vehicle Pilot Program.--During the 1-
     year period beginning on the date on which the report is 
     submitted under section 102(b), the Secretary shall conduct a 
     pilot program to test unmanned aerial vehicles for border 
     surveillance along the international border between Canada 
     and the United States.
       (b) Unmanned Aerial Vehicles and Associated 
     Infrastructure.--The Secretary shall acquire and maintain 
     unmanned aerial vehicles and related equipment for use to 
     patrol the international borders of the United States, 
     including equipment such as--
       (1) additional sensors;
       (2) satellite command and control; and
       (3) other necessary equipment for operational support.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary for each of the fiscal years 2008 and 2009 such 
     sums as may be necessary to carry out subsection (b).
       (2) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations in paragraph (1) are 
     authorized to remain available until expended.
       (d) Aerial Surveillance Program.--
       (1) In general.--In conjunction with the border 
     surveillance plan developed under section 5201 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not 
     later than 90 days after the date of enactment of this Act, 
     shall develop and implement a program to fully integrate and 
     utilize aerial surveillance technologies, including unmanned 
     aerial vehicles, to enhance the security of the international 
     border between the United States and Canada and the 
     international border between the United States and Mexico. 
     The goal of the program shall be to ensure continuous 
     monitoring of each mile of each border.
       (2) Assessment and consultation requirements.--In 
     developing the program under this subsection, the Secretary 
     shall--
       (A) consider current and proposed aerial surveillance 
     technologies;
       (B) assess the feasibility and advisability of utilizing 
     such technologies to address border threats, including an 
     assessment of the technologies considered best suited to 
     address respective threats;
       (C) consult with the Secretary of Defense regarding any 
     technologies or equipment, which the Secretary may deploy 
     along an international border of the United States; and
       (D) consult with the Administrator of the Federal Aviation 
     Administration regarding safety, airspace coordination and 
     regulation, and any other issues necessary for implementation 
     of the program.
       (3) Authorization of appropriations.--The necessary funds 
     are authorized to be appropriated to carry out this 
     subsection.
       (e) Integrated and Automated Surveillance Program.--
       (1) Requirement for program.--Subject to the availability 
     of appropriations, the Secretary shall establish a program to 
     procure additional unmanned aerial vehicles, drones, cameras, 
     poles, sensors, satellites, radar coverage, and other 
     technologies necessary to achieve operational control of the 
     international borders of the United States and to establish a 
     security perimeter known as a ``virtual fence'' along such 
     international borders to provide a barrier to illegal 
     immigration.
       (2) Program components.--The Secretary shall ensure, to the 
     maximum extent feasible, that--
       (A) the technologies utilized in the Integrated and 
     Automated Surveillance Program are integrated and function 
     cohesively in an automated fashion, including the integration 
     of motion sensor alerts and cameras in a manner where a 
     sensor alert automatically activates a corresponding camera 
     to pan and tilt in the direction of the triggered sensor;
       (B) cameras utilized in the program do not have to be 
     manually operated;
       (C) such camera views and positions are not fixed;
       (D) surveillance video taken by such cameras is able to be 
     viewed at multiple designated communications centers;
       (E) a standard process is used to collect and record, 
     catalog, and report intrusion and response data collected 
     under the Program;
       (F) future remote surveillance technology investments and 
     upgrades for the program can be integrated with existing 
     systems;
       (G) performance measures are developed and applied that can 
     evaluate whether the program is providing desired results and 
     increasing response effectiveness in monitoring and detecting 
     illegal intrusions along the international borders of the 
     United States;
       (H) plans are developed under the program to streamline 
     site selection and site validation processes to minimize 
     delays of installing surveillance technology infrastructure;
       (I) standards are developed under the program to expand the 
     shared use of existing private and governmental structures to 
     install remote surveillance technology infrastructure where 
     possible;
       (J) standards are developed under the program to identify 
     and deploy the use of nonpermanent or mobile surveillance 
     platforms that will increase the Secretary's mobility and 
     ability to identify illegal border intrusions; and
       (K) Border Patrol agents respond to each reported intrusion 
     that appears to involve aliens or smugglers.
       (3) Evaluation of contractors.--
       (A) Requirement for standards.--The Secretary shall develop 
     appropriate standards to evaluate the performance of any 
     contractor providing goods or services to carry out the 
     Integrated and Automated Surveillance Program.
       (B) Review by the comptroller general of the united 
     states.--
       (i) In general.--The Comptroller General of the United 
     States shall review each new contract related to the Program 
     and should report to Congress regarding contracts with a 
     value of more than $5,000,000 in a timely manner, to 
     determine whether such contract fully complies with 
     applicable cost requirements, performance objectives, program 
     milestones, and schedules.
       (ii) Reports.--The Comptroller General of the United States 
     shall report the findings of each review carried out under 
     clause (i) to the Secretary in a timely manner.
       (4) Authorization of appropriations.--The necessary funds 
     are authorized to be appropriated to carry out this 
     subsection.

  Subtitle B--Strategies and Progress Reports for Securing America's 
                                Borders

     SEC. 111. NATIONAL STRATEGY TO SECURE THE BORDERS.

       (a) Requirement for National Strategy.--The Secretary, in 
     consultation with

[[Page S4498]]

     the heads of other appropriate Federal agencies, shall 
     develop a national strategy to secure the borders that 
     describes actions to be carried out to achieve operational 
     control over all ports of entry into the United States and 
     the international land and maritime borders of the United 
     States by December 31, 2010.
       (b) Content.--The national strategy to secure the borders 
     shall include the following:
       (1) An assessment of the threats posed by terrorists and 
     terrorist groups that may try to infiltrate the United States 
     at locations along the international land and maritime 
     borders of the United States.
       (2) A risk assessment for all United States ports of entry 
     and all portions of the international land and maritime 
     borders of the United States that includes a description of 
     activities being undertaken--
       (A) to prevent the entry of terrorists, other unlawful 
     aliens, instruments of terrorism, narcotics, and other 
     contraband into the United States; and
       (B) to protect critical infrastructure at or near such 
     ports of entry or borders.
       (3) An assessment of the most appropriate, practical, and 
     cost-effective means of defending the international land and 
     maritime borders of the United States against threats to 
     security and illegal transit, including intelligence 
     capacities, technology, equipment, personnel, and training 
     needed to address security vulnerabilities.
       (4) An assessment of staffing needs for all border security 
     functions, taking into account threat and vulnerability 
     information pertaining to the borders and the impact of new 
     security programs, policies, and technologies.
       (5) A description of the border security roles and missions 
     of Federal Government, State government, local government, 
     and tribal authorities, and recommendations regarding actions 
     the Secretary can carry out to improve coordination with such 
     authorities to enable border security and enforcement 
     activities to be carried out in a more efficient and 
     effective manner.
       (6) An assessment of existing efforts and technologies used 
     for border security and the effect of the use of such efforts 
     and technologies on civil rights, private property rights, 
     privacy rights, and civil liberties, including an assessment 
     of efforts to take into account asylum seekers, trafficking 
     victims, unaccompanied minor aliens, refugees and other 
     vulnerable populations, as well as the effects on Americans 
     living in the border region and local, State, and Federal law 
     enforcement officers working in the border region.
       (7) A prioritized list of research and development 
     objectives to enhance the security of the international land 
     and maritime borders of the United States.
       (8) A description of ways to ensure that the free flow of 
     lawful travel and commerce is not unreasonably diminished by 
     efforts, activities, and programs aimed at securing the 
     international land and maritime borders of the United States.
       (9) An assessment of additional detention facilities and 
     beds that are needed to detain unlawful aliens apprehended at 
     United States ports of entry or along the international land 
     borders of the United States.
       (10) A description of the performance metrics to be used to 
     ensure accountability by the bureaus of the Department in 
     implementing such strategy.
       (11) A schedule for the implementation of the security 
     measures described in said strategy, including a 
     prioritization of security measures, realistic deadlines for 
     addressing the security and enforcement needs, an estimate of 
     the resources needed to carry out such measures, and a 
     description of how such resources should be allocated.
       (c) Consultation.--In developing the national strategy for 
     border security, the Secretary shall consult with 
     representatives of--
       (1) State, local, and tribal governmental authorities with 
     responsibility for locations along the international land and 
     maritime borders of the United States; and
       (2) appropriate private sector entities, nongovernmental 
     organizations, and affected communities that have expertise 
     in areas related to border security.
       (d) Coordination.--The national strategy for border 
     security shall be consistent with the National Strategy for 
     Maritime Security developed pursuant to Homeland Security 
     Presidential Directive 13, dated December 21, 2004.
       (e) Submission to Congress.--
       (1) Strategy.--Not later than December 31, 2008, the 
     Secretary shall submit to Congress the national strategy for 
     border security.
       (2) Updates.--The Secretary shall submit to Congress any 
     update of such strategy that the Secretary determines is 
     necessary, not later than 30 days after such update is 
     developed.
       (f) Immediate Action.--Nothing in this section may be 
     construed to relieve the Secretary of the responsibility to 
     take all actions necessary and appropriate to achieve and 
     maintain operational control over the entire international 
     land and maritime borders of the United States.

     SEC. 112. ACCOUNTABLE FINANCING OF A SECURE BORDER 
                   INITIATIVE.

       (a) Comptroller General of the United States.--
       (1) Action.--If the Comptroller General of the United 
     States becomes aware of any improper conduct or wrongdoing in 
     the course of conducting a contract review under the Secure 
     Border Initiative, the Comptroller General of the United 
     States shall, as expeditiously as practicable, refer 
     information relating to such improper conduct or wrongdoing 
     to Congress and to the Secretary of Homeland Security, or to 
     another appropriate official of the Department of Homeland 
     Security, who shall determine whether to temporarily suspend 
     the contractor from further participation in the Secure 
     Border Initiative or make said contract null and void.
       (2) Report.--Upon the completion of each review described 
     in paragraph (1), the Comptroller General of the United 
     States shall submit to Congress and to the Secretary a report 
     containing the findings of the review, including findings 
     regarding--
       (A) cost overruns;
       (B) significant delays in contract execution;
       (C) lack of rigorous departmental contract management;
       (D) insufficient departmental financial oversight;
       (E) bundling that limits the ability of small businesses to 
     compete; or
       (F) other high-risk business practices.
       (b) Reports by the Secretary.--
       (1) In general.--Not later than 30 days after the receipt 
     of each report required under subsection (a)(2), the 
     Secretary shall submit a report to the Committee on the 
     Judiciary and the Committee on Homeland Security of the House 
     of Representatives and the Committee on the Judiciary and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, that describes the steps the Secretary has taken, 
     or plans to take, to address the problems identified in such 
     report.
       (2) Contracts with foreign companies.--Not later than 60 
     days after the initiation of each contract action with a 
     company whose headquarters are not based in the United 
     States, the Secretary shall submit a report to the Committee 
     on the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives, regarding the 
     Secure Border Initiative.
       (c) Reports on United States Ports.--Not later that 60 days 
     after receiving information regarding a proposed purchase of 
     a contract to manage the operations of a United States port 
     by a foreign entity, the Secretary of Homeland Security shall 
     submit a report to Congress that describes--
       (1) the proposed purchase;
       (2) any security concerns related to the proposed purchase; 
     and
       (3) the manner in which such security concerns have been 
     addressed.

                  Subtitle C--Rapid Response Measures

     SEC. 121. DEPLOYMENT OF BORDER PATROL AGENTS.

       (a) Emergency Deployment of Border Patrol Agents.--
       (1) In general.--If the Governor of a State on an 
     international border of the United States declares an 
     international border security emergency and requests 
     additional agents of the Border Patrol (referred to in this 
     subtitle as ``agents'') from the Secretary, the Secretary, 
     subject to paragraphs (2) and (3), may provide the State with 
     not more than 1,000 additional agents for the purpose of 
     patrolling and defending the international border, in order 
     to prevent individuals from crossing the international border 
     into the United States at any location other than an 
     authorized port of entry.
       (2) Consultation.--Upon receiving a request for agents 
     under paragraph (1), the Secretary, after consultation with 
     the President, shall grant such request to the extent that 
     providing such agents will not significantly impair the 
     Department's ability to provide border security for any other 
     State.
       (3) Collective bargaining.--Emergency deployments under 
     this subsection shall be made in accordance with all 
     applicable collective bargaining agreements and obligations 
     under current law.
       (b) Flexible Deployment of Border Patrol Agents.--The 
     Secretary shall ensure that agents are not precluded from 
     performing patrol duties and apprehending violators of law, 
     except in unusual circumstances if the temporary use of fixed 
     deployment positions is necessary.

     SEC. 122. BORDER PATROL MAJOR ASSETS.

       (a) Control of Department of Homeland Security Assets.--The 
     Department of Homeland Security shall have exclusive 
     administrative and operational control over all the assets 
     utilized in carrying out its mission, including aircraft, 
     watercraft, vehicles, detention space, transportation, and 
     all of the personnel associated with such assets.
       (b) Helicopters and Power Boats.--
       (1) Helicopters.--The Secretary shall increase the number 
     of helicopters under the control of the Border Patrol and 
     Immigration and Customs Enforcement (ICE). The Secretary 
     shall ensure that appropriate types and quantities of 
     helicopters are procured for the various missions being 
     performed.
       (2) Power boats.--The Secretary shall increase the number 
     of power boats under the control of the Border Patrol. The 
     Secretary shall ensure that the types of power boats that are 
     procured are appropriate for both the waterways in which they 
     are used and the mission requirements.
       (3) Use and training.--The Secretary shall--
       (A) establish an overall policy on how the helicopters and 
     power boats procured under this subsection will be used; and

[[Page S4499]]

       (B) implement training programs for the agents who use such 
     assets, including safe operating procedures and rescue 
     operations.
       (c) Motor Vehicles.--
       (1) Quantity.--The Secretary shall establish a fleet of 
     motor vehicles appropriate for use by the Border Patrol that 
     will permit a ratio of not less than 1 police-type vehicle 
     for every 4 agents with safety glass and other protections. 
     The Secretary shall ensure that there are sufficient numbers 
     and types of other motor vehicles to support the mission of 
     the Border Patrol.
       (2) Features.--All motor vehicles purchased for the Border 
     Patrol shall--
       (A) be appropriate for the mission of the Border Patrol; 
     and
       (B) have a panic button and a global positioning system 
     device that is activated solely in emergency situations to 
     track the location of agents in distress.

     SEC. 123. ELECTRONIC EQUIPMENT.

       (a) Portable Computers.--The Secretary shall ensure that 
     each police-type motor vehicle in the fleet of the Border 
     Patrol is equipped with a portable computer with access to 
     all necessary law enforcement databases and otherwise suited 
     to the unique operational requirements of the Border Patrol.
       (b) Radio Equipment.--The Secretary shall augment the 
     existing radio communications system so that all law 
     enforcement personnel, including Immigration and Customs 
     Enforcement, working in each area where Border Patrol 
     operations are conducted have clear and encrypted 2-way radio 
     communication capabilities at all times. Each portable 
     communications device shall be equipped with a panic button 
     and a global positioning system device that is activated 
     solely in emergency situations to track the location of 
     agents in distress.
       (c) Handheld Global Positioning System Devices.--The 
     Secretary shall ensure that Border Patrol agents are issued a 
     state-of-the-art handheld global positioning system device 
     for navigational purposes.
       (d) Night Vision Equipment.--The Secretary shall ensure 
     that sufficient quantities of state-of-the-art night vision 
     equipment are procured and maintained to enable each Border 
     Patrol agent working during the hours of darkness to be 
     equipped with a portable night vision device.

     SEC. 124. PERSONAL EQUIPMENT.

       (a) Body Armor.--The Secretary shall ensure that every 
     agent on duty is issued high-quality body armor that is 
     appropriate for the climate and risks faced by the agent. 
     Enough body armor must be purchased to cover every agent in 
     the field.
       (b) Weapons.--The Secretary shall ensure that agents are 
     equipped with weapons that are reliable and effective to 
     protect themselves, their fellow agents, and innocent third 
     parties from the threats posed by armed criminals. The 
     Secretary shall ensure that the policies of the Department 
     authorize all agents to carry weapons that are suited to the 
     potential threats that they face, and that all agents receive 
     appropriate training in the use of such weapons.
       (c) Uniforms.--The Secretary shall ensure that all agents 
     are provided with all necessary uniform items, including 
     outerwear suited to the climate, footwear, belts, holsters, 
     and personal protective equipment, at no cost to such agents. 
     Such items shall be replaced at no cost to such agents as 
     such items become worn or unserviceable or no longer fit 
     properly.

     SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     such sums as may be necessary for each of the fiscal years 
     2008 through 2012 to carry out this subtitle.

     Subtitle D--Border Infrastructure and Technology Modernization

     SEC. 131. DEFINITIONS.

       In this subtitle:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of United States Customs and Border Protection.
       (2) Northern border.--The term ``northern border'' means 
     the international border between the United States and 
     Canada.
       (3) Southern border.--The term ``southern border'' means 
     the international border between the United States and 
     Mexico.

     SEC. 132. EXPANSION OF COMMERCE SECURITY PROGRAMS.

       (a) Customs-Trade Partnership Against Terrorism.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commissioner, in consultation with 
     the Secretary, shall develop a plan to expand the programs of 
     the Customs-Trade Partnership Against Terrorism established 
     pursuant to section 211 of the SAFE Port Act (6 U.S.C. 961), 
     including adding additional personnel for such programs, 
     along the northern border and southern border, including the 
     following programs:
       (A) The Business Anti-Smuggling Coalition.
       (B) The Carrier Initiative Program.
       (C) The Americas Counter Smuggling Initiative.
       (D) The Container Security Initiative established pursuant 
     to section 205 of the SAFE Port Act (6 U.S.C. 945).
       (E) The Free and Secure Trade Initiative.
       (F) Other industry partnership programs administered by the 
     Commissioner.
       (b) Demonstration Program.--Not later than 180 days after 
     the date of enactment of this Act, the Commissioner shall 
     establish a demonstration program to develop a cooperative 
     trade security system to improve supply chain security.

             Subtitle E--Other Border Security Initiatives

     SEC. 141. ALIEN SMUGGLING AND TERRORISM PREVENTION.

       (a) Checks Against Terrorist Watchlist.--The Department of 
     Homeland Security shall check against all available terrorist 
     watchlists those alien smugglers and smuggled individuals who 
     are interdicted at the land, air, and sea borders of the 
     United States.
       (b) Strengthening Prosecution and Punishment of Alien 
     Smugglers.--Section 274(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1324(a)) is amended--
       (1) by amending the subsection heading to read as follows: 
     ``Smuggling of Unlawful and Terrorist Aliens.--'';
       (2) by redesignating clause (iv) of paragraph (1)(B) as 
     clause (vii);
       (3) in paragraph (1), by striking ``(1)(A)'' and all that 
     follows through clause (iii) of subparagraph (B) and 
     inserting the following:
       ``(1)(A) Whoever, knowing or in reckless disregard of the 
     fact that an individual is an alien who lacks lawful 
     authority to come to, enter, or reside in the United States, 
     knowingly--
       ``(i) brings that individual to the United States in any 
     manner whatsoever regardless of any future official action 
     which may be taken with respect to such alien;
       ``(ii) recruits, encourages, or induces that individual to 
     come to, enter, or reside in the United States;
       ``(iii) transports or moves that individual in the United 
     States, in furtherance of their unlawful presence; or
       ``(iv) harbors, conceals, or shields from detection the 
     individual in any place in the United States, including any 
     building or any means of transportation, or attempts or 
     conspires to do so, shall be punished as provided in 
     subparagraph (C).
       ``(B) Whoever, knowing that an individual is an alien, 
     brings that individual to the United States in any manner 
     whatsoever at a place other than a designated port of entry 
     or place other than as designated by the Secretary of 
     Homeland Security, regardless of whether such alien has 
     received prior official authorization to come to, enter, or 
     reside in the United States and regardless of any future 
     official action which may be taken with respect to such 
     alien, or attempts or conspires to do so, shall be punished 
     as provided in subparagraph (C).
       ``(C) A violator of this paragraph shall, for each alien in 
     respect to whom such a violation occurs--
       ``(i) unless the offense is otherwise described in another 
     clause of this subparagraph, be fined under title 18, United 
     States Code or imprisoned not more than 5 years, or both;
       ``(ii) if the offense involved the transit of the 
     defendant's spouse, child, sibling, parent, grandparent, or 
     niece or nephew, and the offense is not described in any of 
     clauses (iii) through (vii), be fined under title 18, United 
     States Code or imprisoned not more than 1 year, or both;
       ``(iii) if the offense is a violation of paragraphs 
     (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was 
     committed for the purpose of profit, commercial advantage, or 
     private financial gain, be fined under title 18, United 
     States Code or imprisoned not more than 10 years, or both;
       ``(iv) if the offense is a violation of paragraph (1)(A)(i) 
     and was committed for the purpose of profit, commercial 
     advantage, or private financial gain, or if the offense was 
     committed with the intent or reason to believe that the 
     individual unlawfully brought into the United States will 
     commit an offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, be fined 
     under title 18, United States Code, and imprisoned, in the 
     case of a first or second violation, not less than 3 nor more 
     than 10 years, and for any other violation, not less than 5 
     nor more than 15 years;
       ``(v) if the offense results in serious bodily injury (as 
     defined in section 1365 of title 18, United States Code) or 
     places in jeopardy the life of any person, be fined under 
     title 18, United States Code or imprisoned not more than 20 
     years, or both;
       ``(vi) if the offense involved an individual who the 
     defendant knew was engaged in or intended to engage in 
     terrorist activity (as defined in section 212(a)(3)(B)), be 
     fined under title 18, United States Code or imprisoned not 
     more than 30 years, or both; and'';
       (4) in the clause (vii) so redesignated by paragraph (2) of 
     this subsection (which now becomes clause (vii) of the new 
     subparagraph (C))--
       (A) by striking ``in the case'' and all that follows 
     through ``(v) resulting'' and inserting ``if the offense 
     results''; and
       (B) by inserting ``and if the offense involves kidnapping, 
     an attempt to kidnap, the conduct required for aggravated 
     sexual abuse (as defined in section 2241 without regard to 
     where it takes place), or an attempt to commit such abuse, or 
     an attempt to kill, be fined under such title or imprisoned 
     for any term of years or life, or both'' after ``or both''; 
     and
       (5) by striking existing subparagraph (C) of paragraph (1) 
     (without affecting the new subparagraph (C) added by the 
     amendments made by this Act) and all that follows through 
     paragraph (2) and inserting the following:
       ``(2)(A) There is extraterritorial jurisdiction over the 
     offenses described in paragraph (1).

[[Page S4500]]

       ``(B) In a prosecution for a violation of, or an attempt or 
     conspiracy to violate subsection (a)(1)(A)(i), (a)(1)(A)(ii), 
     or (a)(1)(B), that occurs on the high seas, no defense based 
     on necessity can be raised unless the defendant--
       ``(i) as soon as practicable, reported to the Coast Guard 
     the circumstances of the necessity, and if a rescue is 
     claimed, the name, description, registry number, and location 
     of the vessel engaging in the rescue; and
       ``(ii) did not bring, attempt to bring, or in any manner 
     intentionally facilitate the entry of any alien into the land 
     territory of the United States without lawful authority, 
     unless exigent circumstances existed that placed the life of 
     that alien in danger, in which case the reporting requirement 
     set forth in clause (i) of this subparagraph is satisfied by 
     notifying the Coast Guard as soon as practicable after 
     delivering the alien to emergency medical or law enforcement 
     personnel ashore.
       ``(C) It is a defense to a violation of, or an attempt or 
     conspiracy to violate, clause (iii) or (iv) of subsection 
     (a)(1)(A) for a religious denomination having a bona fide 
     nonprofit, religious organization in the United States, or 
     the agents or officer of such denomination or organization, 
     to encourage, invite, call, allow, or enable an alien who is 
     present in the United States to perform the vocation of a 
     minister or missionary for the denomination or organization 
     in the United States as a volunteer who is not compensated as 
     an employee, notwithstanding the provision of room, board, 
     travel, medical assistance, and other basic living expenses, 
     provided the minister or missionary has been a member of the 
     denomination for at least one year.
       ``(D) For purposes of this paragraph and paragraph (1)--
       ``(i) the term `United States' means the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, American Samoa, the United States Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     territory or possession of the United States; and
       ``(ii) the term `lawful authority' means permission, 
     authorization, or waiver that is expressly provided for in 
     the immigration laws of the United States or the regulations 
     prescribed under those laws and does not include any such 
     authority secured by fraud or otherwise obtained in violation 
     of law or authority that has been sought but not approved.''.
       (c) Maritime Law Enforcement.--
       (1) Penalties.--Subsection (b) of section 2237 of title 18, 
     United States Code, is amended to read as follows:
       ``(b)(1) Whoever intentionally violates this section shall, 
     unless the offense is described in paragraph (2), be fined 
     under this title or imprisoned for not more than 5 years, or 
     both.
       ``(2) If the offense--
       ``(A) is committed in the course of a violation of section 
     274 of the Immigration and Nationality Act (alien smuggling); 
     chapter 77 (peonage, slavery, and trafficking in persons), 
     section 111 (shipping), 111A (interference with vessels), 113 
     (stolen property), or 117 (transportation for illegal sexual 
     activity) of this title; chapter 705 (maritime drug law 
     enforcement) of title 46, or title II of the Act of June 15, 
     1917 (Chapter 30; 40 Stat. 220), the offender shall be fined 
     under this title or imprisoned for not more than 10 years, or 
     both;
       ``(B) results in serious bodily injury (as defined in 
     section 1365 of this title) or transportation under inhumane 
     conditions, the offender shall be fined under this title, 
     imprisoned not more than 15 years, or both; or
       ``(C) results in death or involves kidnapping, an attempt 
     to kidnap, the conduct required for aggravated sexual abuse 
     (as defined in section 2241 without regard to where it takes 
     place), or an attempt to commit such abuse, or an attempt to 
     kill, be fined under such title or imprisoned for any term of 
     years or life, or both.''.
       (2) Limitation on necessity defense.--Section 2237(c) of 
     title 18, United States Code, is amended--
       (A) by inserting ``(1)'' after ``(c)''; and
       (B) by adding at the end the following:
       ``(2) In a prosecution for a violation of this section, no 
     defense based on necessity can be raised unless the 
     defendant--
       ``(A) as soon as practicable upon reaching shore, delivered 
     the person with respect to which the necessity arose to 
     emergency medical or law enforcement personnel;
       ``(B) as soon as practicable, reported to the Coast Guard 
     the circumstances of the necessity resulting giving rise to 
     the defense; and
       ``(C) did not bring, attempt to bring, or in any manner 
     intentionally facilitate the entry of any alien, as that term 
     is defined in section 101(a)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1101 (a)(3)), into the land 
     territory of the United States without lawful authority, 
     unless exigent circumstances existed that placed the life of 
     that alien in danger, in which case the reporting requirement 
     of subparagraph (B) is satisfied by notifying the Coast Guard 
     as soon as practicable after delivering that person to 
     emergency medical or law enforcement personnel ashore.''.
       (3) Definition.--Section 2237(e) of title 18, United States 
     Code, is amended--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) the term `transportation under inhumane conditions' 
     means the transportation of persons in an engine compartment, 
     storage compartment, or other confined space, transportation 
     at an excessive speed, transportation of a number of persons 
     in excess of the rated capacity of the means of 
     transportation, or intentionally grounding a vessel in which 
     persons are being transported.''.
       (d) Amendment to the Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this subsection, the United States Sentencing Commission 
     shall review and, if appropriate, amend the sentencing 
     guidelines and policy statements applicable to persons 
     convicted of alien smuggling offenses and criminal failure to 
     heave to or obstruction of boarding.
       (2) Considerations.--In carrying out this subsection, the 
     Sentencing Commission, shall--
       (A) consider providing sentencing enhancements or 
     stiffening existing enhancements for those convicted of 
     offenses described in paragraph (1) of this subsection that--
       (i) involve a pattern of continued and flagrant violations;
       (ii) are part of an ongoing commercial organization or 
     enterprise;
       (iii) involve aliens who were transported in groups of 10 
     or more;
       (iv) involve the transportation or abandonment of aliens in 
     a manner that endangered their lives; or
       (v) involve the facilitation of terrorist activity; and
       (B) consider cross-references to the guidelines for 
     Criminal Sexual Abuse and Attempted Murder.
       (3) Expedited procedures.--The Commission may promulgate 
     the guidelines or amendments under this subsection in 
     accordance with the procedures set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that Act had not expired.

     SEC. 142. BORDER SECURITY ON CERTAIN FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Protected land.--The term ``protected land'' means land 
     under the jurisdiction of the Secretary concerned.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Border Protection Strategy.--The Secretary, the 
     Secretary of the Interior, and the Secretary of Agriculture 
     shall jointly develop a border protection strategy that 
     supports the border security needs of the United States in 
     the manner that best protects--
       (1) units of the National Park System;
       (2) National Forest System land;
       (3) land under the jurisdiction of the United States Fish 
     and Wildlife Service and Bureau of Land Management; and
       (4) other relevant land under the jurisdiction of the 
     Secretary of the Interior or the Secretary of Agriculture.
       (c) Additional Uniformed Law Enforcement Officers and 
     Special Agents of the Department of the Interior.--There are 
     authorized to be appropriated to the Secretary of the 
     Interior for employment of uniformed law enforcement officers 
     and special agents, in addition to the number of such 
     officers and agents employed immediately before the enactment 
     of this Act, such sums as may be necessary for--
       (1) 22 such officers of the United States Fish and Wildlife 
     Service, including--
       (A) 4 for California;
       (B) 9 for Arizona;
       (C) 2 for New Mexico; and
       (D) 7 for Texas;
       (2) 2 such agents of the United States Fish and Wildlife 
     Service, for Texas;
       (3) 22 such officers of the National Park Service, 
     including--
       (A) 13 for Arizona; and
       (B) 9 for Texas;
       (4) 2 such agents of the National Park Service, for Texas;
       (5) 19 such officers of the Bureau of Land Management, 
     including--
       (A) 5 for California;
       (B) 4 for Arizona;
       (C) 4 for New Mexico; and
       (D) 6 for Texas;
       (6) 2 such agents of the Bureau of Land Management, 
     including--
       (A) 1 for California;
       (B) 2 for Arizona; and
       (C) 1 for New Mexico; and
       (7) one such agent of the Bureau of Indian Affairs, for 
     Texas.
       (d) Additional Special Assistant United States Attorney.--
     There are authorized to be appropriated to the Attorney 
     General such sums as may be necessary to increase by 1 the 
     number of special assistant United States attorneys in the 
     district of Arizona dedicated to prosecution of cases 
     generated by the Secretary of Interior, in addition to the 
     number of such attorneys appointed immediately before the 
     enactment of this Act.

                   Subtitle F--Border Law Enforcement

     SEC. 151. SHORT TITLE.

       This Act may be cited as the ``Border Law Enforcement 
     Act''.

     SEC. 152. FINDINGS.

       The Congress finds as follows:
       (1) It is the obligation of the Federal Government of the 
     United States to adequately secure the Nation's borders and 
     prevent the flow of unauthorized aliens and illegal drugs 
     into the United States.

[[Page S4501]]

       (2) Despite the fact that the United States Border Patrol 
     apprehends over 1,000,000 people each year trying to 
     illegally enter the United States, according to the 
     Congressional Research Service, the net growth in the number 
     of unauthorized aliens has increased by approximately 500,000 
     each year. The southwest border accounts for approximately 94 
     percent of all migrant apprehensions each year. Currently, 
     there are an estimated 11,000,000 unauthorized aliens in the 
     United States.
       (3) The border region is also a major corridor for the 
     shipment of drugs. According to the El Paso Intelligence 
     Center, 65 percent of the narcotics that are sold in the 
     markets of the United States enter the country through the 
     Southwest Border.
       (4) Border communities continue to incur significant costs 
     due to the lack of adequate border security. A 2001 study by 
     the United States-Mexico Border Counties Coalition found that 
     law enforcement and criminal justice expenses associated with 
     illegal immigration exceed $89,000,000 annually for the 
     Southwest border counties.
       (5) In August 2005, the States of New Mexico and Arizona 
     declared states of emergency in order to provide local law 
     enforcement immediate assistance in addressing criminal 
     activity along the Southwest border.
       (6) While the Federal Government provides States and 
     localities assistance in covering costs related to the 
     detention of certain criminal aliens and the prosecution of 
     Federal drug cases, local law enforcement along the border 
     are provided no assistance in covering such expenses and must 
     use their limited resources to combat drug trafficking, human 
     smuggling, kidnappings, the destruction of private property, 
     and other border-related crimes.
       (7) The United States shares 5,525 miles of border with 
     Canada and 1,989 miles with Mexico. Many of the local law 
     enforcement agencies located along the border are small, 
     rural departments charged with patrolling large areas of 
     land. Counties along the Southwest United States-Mexico 
     border are some of the poorest in the country and lack the 
     financial resources to cover the additional costs associated 
     with illegal immigration, drug trafficking, and other border-
     related crimes.
       (8) Federal assistance is required to help local law 
     enforcement operating along the border address the unique 
     challenges that arise as a result of their proximity to an 
     international border and the lack of overall border security 
     in the region.

     SEC. 153. BORDER RELIEF GRANT PROGRAM.

       (a) In General.--From amounts made available under section 
     154, the Secretary of Homeland Security may make grants to--
       (1) sheriffs' offices of counties any part of which is 
     within 25 miles of the southern border of the United States; 
     and
       (2) police departments serving a city, town, or other 
     political subdivision in a county any part of which is within 
     25 miles of the southern border of the United States 
     (including tribal police departments serving a community any 
     part of which is within 25 miles of such border).
       (b) Use of Funds.--
       (1) In general.--Grant funds received under subsection (a) 
     may be used for the following:
       (A) To conduct law enforcement operations in order to 
     enforce criminal laws, prevent and punish criminal activity, 
     and protect the lives, property, and security of the people 
     within the jurisdiction of the grant recipient.
       (B) To transfer aliens detained or in the custody of the 
     grant recipient who are not lawfully present in the United 
     States to appropriate Federal law enforcement officials.
       (C) To enforce State and Federal laws relating to 
     controlled substance trafficking and enforce other State and 
     Federal criminal laws.
       (2) Payment of costs.--Use of funds under paragraph (1) 
     shall include payment for costs of--
       (A) hiring, equipping, training, and otherwise controlling 
     the operations and deployment of, law enforcement officials 
     engaged in duties described in paragraph (1), as well as the 
     costs of paying overtime to such officials; and
       (B) detaining, housing, and transporting aliens who are not 
     lawfully present in the United States, and who are taken into 
     custody by the grant recipient, until the aliens are 
     transferred to appropriate Federal law enforcement officials.
       (3) Detention facilities.--In accordance with paragraph 
     (2)(B), grant funds received under subsection (a) may be used 
     for the construction, maintenance, and operation of detention 
     facilities to detain aliens who are unlawfully present in the 
     United States, except that not more than 20 percent of such 
     funds may be used for the construction or renovation of 
     detention or similar facilities.
       (c) Application.--
       (1) In general.--Each eligible law enforcement agency 
     seeking a grant under this section shall submit an 
     application to the Secretary of Homeland Security at such 
     time, in such manner, and accompanied by such information as 
     the Secretary of Homeland Security may reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Secretary of 
     Homeland Security determines to be essential to ensure 
     compliance with the requirements of this section.

     SEC. 154. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Homeland Security to carry out this Act $200,000,000 for 
     fiscal year 2008 and each succeeding fiscal year.

     SEC. 155. REGULATIONS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall issue 
     regulations to carry out this Act.

                  TITLE II--ENDING UNLAWFUL EMPLOYMENT

                   Subtitle A--Employee Verification

     SEC. 201. MANDATORY EMPLOYMENT AUTHORIZATION VERIFICATION.

       (a) Making Basic Pilot Program Permanent.--Section 401(b) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended 
     by adding before the period at the end of the last sentence 
     the following ``, except that the basic pilot program 
     described in section 403(a) shall be a permanent program''.
       (b) Mandatory Use of E-Verify System.--
       (1) In general.--Subject to paragraphs (2) and (3), every 
     person or other entity that hires one or more individuals for 
     employment in the United States shall verify through the E-
     Verify program, established as the basic pilot program by 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note), that each such individual 
     is authorized to work in the United States. The Secretary of 
     Homeland Security shall ensure that verification by means of 
     a toll-free telephone line is an available option in 
     complying with the preceding sentence.
       (2) Select entities required to use e-verify program 
     immediately.--The following entities must satisfy the 
     requirement in paragraph (1) by not later than one year after 
     the date of the enactment of this Act:
       (A) Federal agencies.--Each department and agency of the 
     Federal Government.
       (B) Federal contractors.--A contractor that--
       (i) has entered into a contract with the Federal Government 
     to which section 2(b)(1) of the Service Contract Act of 1965 
     (41 U.S.C. 351(b)(1)) applies, and any subcontractor under 
     such contract; or
       (ii) has entered into a contract exempted from the 
     application of such Act by section 6 of such Act (41 U.S.C. 
     356), and any subcontractor under such contract.
       (C) Large employers.--An employer that employs more than 
     250 individuals in the United States.
       (3) Phasing-in for other employers.--
       (A) 2 years for employers of 100 or more.--Entities that 
     employ 100 or more individuals in the United States must 
     satisfy the requirement in paragraph (1) by not later than 
     two years after the date of the enactment of this Act.
       (B) 3 years for employers with 30 or more employees.--All 
     entities that employ 30 or more individuals in the United 
     States must satisfy the requirement in paragraph (1) by not 
     later than three years after the date of the enactment of 
     this Act.
       (C) 4 years for all employers.--All entities that employ 
     one or more individuals in the United States must satisfy the 
     requirement in paragraph (1) by not later than four years 
     after the date of the enactment of this Act.
       (4) Verifying employment authorization of current 
     employees.--Every person or other entity that employs one or 
     more persons in the United States shall verify through the E-
     Verify program by not later than four years after the date of 
     the enactment of this Act that each employee is authorized to 
     work in the United States.
       (5) Defense.--An employer who has complied with the 
     requirements in paragraphs (1) and (4) shall not be liable 
     for hiring an unauthorized alien, if--
       (A) such hiring occurred due to an error in the E-Verify 
     program that was unknown to the employer at the time of such 
     hiring; and
       (B) the employer terminates the employment of the alien 
     upon being informed of the error.
       (6) Sanctions for noncompliance.--The failure of an 
     employer to comply with the requirements in paragraphs (1) or 
     (4) shall--
       (A) be treated as a violation of section 274A(a)(1)(B) with 
     respect to each offense; and
       (B) create a rebuttable presumption that the employer has 
     violated section 274A(a)(1)(A).
       (7) Voluntary participation of employers not immediately 
     subject to requirement.--Nothing in this subsection shall be 
     construed as preventing a person or other entity that is not 
     immediately subject to the requirement of paragraph (1) 
     pursuant to paragraph (2) or (3) from voluntarily using the 
     E-Verify program to verify the employment authorization of 
     new hires or current employees.
       (8) State interference.--No State may prohibit a person or 
     other entity from using the E-verify program to verify the 
     employment authorization of new hires or current employees.

     SEC. 202. MANDATORY NOTIFICATION OF SSN MISMATCHES AND 
                   MULTIPLE USES.

       (a) Notification of Mismatched Name and Social Security 
     Number.--The Commissioner of Social Security shall notify on 
     an annual basis each United States employer with one or more 
     employees whose social security account number does not match 
     the

[[Page S4502]]

     employees name or date of birth in the Commissioners records. 
     Such notification shall instruct employers to notify listed 
     employees that they have 10 business days to correct the 
     mismatch with the Social Security Administration or the 
     employer will be required to terminate their employment. The 
     notification also shall inform employers that they may not 
     terminate listed employees prior to the close of the 10-day 
     period.
       (b) Notification of Multiple Uses of Individual Social 
     Security Numbers.--Prior to crediting any individual with 
     concurrent earnings from more than one employer, the 
     Commissioner of Social Security shall notify the individual 
     that earnings from two or more employers are being reported 
     under the individual's social security account number. Such 
     notice shall include, at a minimum, the name and location of 
     each employer and shall direct the individual to contact the 
     Social Security Administration to submit proof that the 
     individual is the person to whom the social security account 
     number was issued and, if applicable, to submit, either in 
     person or via electronic transmission, a pay stub or other 
     documentation showing that such individual is employed by 
     both or all employers reporting earnings to that social 
     security account number.
       (c) Information Sharing With the Department of Homeland 
     Security.--
       (1) Not later than 180 days following the date of enactment 
     of this act, the Commissioner of Social Security shall 
     promulgate regulations in accord with section 1306, title 42 
     (42 U.S.C. 1306), to require that information regarding all 
     unresolved mismatch notifications and regarding all multiple 
     use notifications that lead to the identification of an 
     unauthorized user of a social security account number be 
     shared with the Secretary of the Department of Homeland 
     Security on a timely basis.
       (2) Information to be shared with the Secretary shall 
     include, at a minimum, the name and mailing address of all 
     employees who are the subject of an unresolved mismatch 
     notification or who are unauthorized users of another 
     individual's social security account number.

     SEC. 203. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH 
                   REGISTRATION SYSTEMS.

       (a) In consultation with the Secretary of Health and Human 
     Services and the Commissioner of Social Security, the 
     Secretary shall take the following actions:
       (1) Work with the States to establish a common data set and 
     common data exchange protocol for electronic birth 
     registration systems and death registration systems.
       (2) Coordinate requirements for such systems to align with 
     a national model.
       (3) Ensure that fraud prevention is built into the design 
     of electronic vital registration systems in the collection of 
     vital event data, the issuance of birth certificates, and the 
     exchange of data among government agencies.
       (4) Ensure that electronic systems for issuing birth 
     certificates, in the form of printed abstracts of birth 
     records or digitized images, employ a common format of the 
     certified copy, so that those requiring such documents can 
     quickly confirm their validity.
       (5) Establish uniform field requirements for State birth 
     registries.
       (6) Not later than 1 year after the date of the enactment 
     of this Act, establish a process with the Department of 
     Defense that will result in the sharing of data, with the 
     States and the Social Security Administration, regarding 
     deaths of United States military personnel and the birth and 
     death of their dependents.
       (7) Not later than 1 year after the date of the enactment 
     of this Act, establish a process with the Department of State 
     to improve registration, notification, and the sharing of 
     data with the States and the Social Security Administration, 
     regarding births and deaths of United States citizens abroad.
       (8) Not later than 3 years after the date of establishment 
     of databases provided for under this section, require States 
     to record and retain electronic records of pertinent 
     identification information collected from requestors who are 
     not the registrants.
       (9) Not later than 6 months after the date of the enactment 
     of this Act, submit to Congress a report on whether there is 
     a need for Federal laws to address penalties for fraud and 
     misuse of vital records and whether violations are 
     sufficiently enforced.

     SEC. 204. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION 
                   RETURNS.

       Section 6721 of the Internal Revenue Code of 1986 (26 
     U.S.C. 6721) is amended by adding at the end the following:
       ``(f) The Secretary shall assess the maximum allowable 
     penalties on 100 percent of the employers designated in any 
     tax year by the Social Security Administration as the most 
     egregious noncompliant employers.
       ``(g) Notwithstanding any other provision in this section, 
     in the case of a failure described in subsection (a)(2) with 
     respect to any person employing an alien not authorized to be 
     so employed, the penalty under this section shall be 
     determined in accordance with the following table:


 
          ``In the case of--                  Not less than--                       Not more than--
 
The first offense....................  $2,500.......................  $5,000
The second offense...................  $7,500.......................  $10,000
The third offense....................  $25,000......................  $40,000.''.
 


     SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     required to carry out this subtitle.

   Subtitle B--Nondeductibility of Wages Paid to Unauthorized Aliens

     SEC. 211. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED 
                   ALIENS MAY NOT BE DEDUCTED FROM GROSS INCOME.

       (a) In General.--Subsection (c) of section 162 of the 
     Internal Revenue Code of 1986 (relating to illegal bribes, 
     kickbacks, and other payments) is amended by adding at the 
     end the following new paragraph:
       ``(4) Wages paid to or on behalf of unauthorized aliens.--
       ``(A) In general.--No deduction shall be allowed under 
     subsection (a) for any wage paid to or on behalf of an 
     unauthorized alien, as defined under section 274A(h)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
       ``(B) Wages.--For the purposes of this paragraph, the term 
     `wages' means all remuneration for employment, including the 
     cash value of all remuneration (including benefits) paid in 
     any medium other than cash.
       ``(C) Safe harbor.--If a person or other entity is 
     participating in the basic pilot program described in section 
     403 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains 
     confirmation of identity and employment eligibility in 
     compliance with the terms and conditions of the program with 
     respect to the hiring (or recruitment or referral) of an 
     employee, subparagraph (A) shall not apply with respect to 
     wages paid to such employee.''.
       (b) 6-Year Limitation on Assessment and Collection.--
     Subsection (c) of section 6501 of such Code (relating to 
     exceptions) is amended by adding at the end the following new 
     paragraph:
       ``(11) Deduction claimed for wages paid to unauthorized 
     aliens.--In the case of a return of tax on which a deduction 
     is shown in violation of section 162(c)(4), any tax under 
     chapter 1 may be assessed, or a proceeding in court for the 
     collection of such tax may be begun without assessment, at 
     any time within 6 years after the return was filed.''.
       (c) Use of Documentation for Enforcement Purposes.--Section 
     274A of the Immigration and Nationality Act (8 U.S.C. 1324a) 
     is amended--
       (1) in subparagraph (b)(5), by inserting ``, section 
     162(c)(4) of the Internal Revenue Code of 1986,'' after 
     ``enforcement of this Act'';
       (2) in subparagraph (d)(2)(F), by inserting ``, section 
     162(c)(4) of the Internal Revenue Code of 1986,'' after 
     ``enforcement of this Act''; and
       (3) in subparagraph (d)(2)(G), by inserting ``section 
     162(c)(4) of the Internal Revenue Code of 1986 or'' after 
     ``or enforcement of''.
       (d) Availability of Information.--The Commissioner of 
     Social Security and the Secretary of the Department of 
     Homeland Security shall make available to the Commissioner of 
     Internal Revenue any information related to the investigation 
     and enforcement of section 162(c)(4) of the Internal Revenue 
     Code of 1986, including any no-match letter and any 
     information in the earnings suspense file.
       (e) Effective Date.--
       (1) Except as provided in paragraph (2), this Act and the 
     amendments made by this Act shall take effect on the date of 
     the enactment of this Act.
       (2) The amendments made by subsections (a) and (b) shall 
     apply to taxable years beginning after December 31, 2007.

 TITLE III--ENHANCING AND FULLY UTILIZING CURRENT METHODS OF INTERIOR 
                              ENFORCEMENT

     SEC. 301. INCREASE INVESTIGATIVE EFFORTS.

       (a) Federal Agents.--An increase of personnel and resources 
     will be needed to successfully enforce U.S. immigration laws 
     and punish those who violate them. To this end, sufficient 
     funds are authorized to be appropriated to employ 1,150 
     additional Immigration and Customs Enforcement Agents.
       (b) Criminal Alien Program (CAP).--An additional 140 CAP 
     officers are authorized to identify and remove criminal 
     aliens encountered in Federal, State, and local detention 
     facilities.
       (c) State and Local Law Enforcement Support.--The Secretary 
     of Homeland Security shall take necessary steps to allow for 
     the training of a minimum of 250 State and local law 
     enforcement officers in Federal immigration law enforcement 
     procedure. This would be an expansion of an already active 
     and successful program.

     SEC. 302. INCREASED OVERSIGHT OF AGENTS.

       To ensure the ability of Immigration and Customs 
     Enforcement (ICE) and Customs and Border Patrol (CBP) to 
     enforce integrity and ethical behavior throughout their 
     expanded ranks, an increase of 5 in the number of Special 
     Agents in the Office of Professional Responsibility.

[[Page S4503]]

     SEC. 303. REWARDS PROGRAM.

       (a) Rewards Program.--Section 274 (8 U.S.C. 1324) is 
     amended by adding at the end the following:
       ``(e) Rewards Program.--
       ``(1) In general.--There is established in the Department 
     of Homeland Security a program for the payment of rewards to 
     carry out the purposes of this section.
       ``(2) Purpose.--The rewards program shall be designed to 
     assist in the elimination of commercial operations to produce 
     or sell fraudulent documents to be used for entering or 
     remaining in the United States unlawfully and to assist in 
     the investigation, prosecution, or disruption of a commercial 
     alien smuggling operation.
       ``(3) Administration.--The rewards program shall be 
     administered by the Secretary of Homeland Security, in 
     consultation, as appropriate, with the Attorney General and 
     the Secretary of State.
       ``(4) Rewards authorized.--In the sole discretion of the 
     Secretary of Homeland Security, such Secretary, in 
     consultation, as appropriate, with the Attorney General and 
     the Secretary of State, may pay a reward to any individual 
     who furnishes information or testimony leading to--
       ``(A) the arrest or conviction of any individual conspiring 
     or attempting to produce or sell fraudulent documents to be 
     used for entering or remaining in the United States 
     unlawfully or to commit an act of commercial alien smuggling 
     involving the transportation of aliens;
       ``(B) the arrest or conviction of any individual committing 
     such an act;
       ``(C) the arrest or conviction of any individual aiding or 
     abetting the commission of such an act;
       ``(D) the prevention, frustration, or favorable resolution 
     of such an act, including the dismantling of an operation to 
     produce or sell fraudulent documents to be used for entering 
     or remaining in the United States, or commercial alien 
     smuggling operations, in whole or in significant part; or
       ``(E) the identification or location of an individual who 
     holds a key leadership position in an operation to produce or 
     sell fraudulent documents to be used for entering or 
     remaining in the United States unlawfully or a commercial 
     alien smuggling operation involving the transportation of 
     aliens.
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this subsection. Amounts appropriated under this 
     paragraph shall remain available until expended.
       ``(6) Ineligibility.--An officer or employee of any 
     Federal, State, local, or foreign government who, while in 
     performance of his or her official duties, furnishes 
     information described in paragraph (4) shall not be eligible 
     for a reward under this subsection for such furnishing.
       ``(7) Protection measures.--If the Secretary of Homeland 
     Security, the Secretary of State, or the Attorney General 
     determines that an individual who furnishes information or 
     testimony described in paragraph (4), or any spouse, child, 
     parent, son, or daughter of such an individual, must be 
     protected, such official may take such lawful action as the 
     official considers necessary to effect such protection.
       ``(8) Limitations and certification.--
       ``(A) Maximum amount.--No reward under this subsection may 
     exceed $100,000.
       ``(B) Approval.--Any reward under this subsection exceeding 
     $50,000 shall be personally approved by the Secretary of 
     Homeland Security.
       ``(C) Certification for payment.--Any reward granted under 
     this subsection shall be certified for payment by the 
     Secretary of Homeland Security.
       ``(9) Publicity.--The Department of Homeland Security shall 
     be responsible for developing and implementing an advertising 
     strategy to make known the rewards described within this 
     section in order to solicit informants.''.

     SEC. 304. INCREASED DETENTION FACILITIES FOR ALIENS 
                   APPREHENDED FOR ILLEGAL ENTRY.

       (a) In General.--The Secretary of Homeland Security shall 
     make arrangements for the availability of 8,000 additional 
     beds for detaining aliens taken into custody by immigration 
     officials.
       (b) Implementation.--Efforts shall be made to--
       (1) contract private facilities whenever possible to 
     promote efficient use and to limit the Federal Government's 
     maintenance of and liability for additional infrastructure;
       (2) utilize State and local facilities for the provision of 
     additional beds; and
       (3) utilize BRAC facilities or active duty facilities.
       (c) Construction.--The Department of Homeland Security 
     shall construct facilities as necessary to meet the remainder 
     of the 8,000 new beds to be provided.
       (d) Family Detention Facility.--To further meet the special 
     needs of detained families, the Department of Homeland 
     Security shall retain or construct a family detention 
     facility, similar to the T. Don Hutto Family Residential 
     Facility, offering no less than 500 beds.
       (e) Responsibilities.--The Secretary of Homeland Security 
     shall be responsible for providing humane conditions, health 
     care and nutrition, psychological services, and education for 
     minors.
       (f) Authorization.--All funds necessary to accomplish the 
     directives within this section are authorized to be 
     appropriated.

     SEC. 305. FINDINGS AND PURPOSE.

       (a) Findings.--Based on the recommendations made by the 
     2007 Judicial Conference and the statistical data provided by 
     the 2006 Federal Court Management Statistics (issued by the 
     Administrative Office of the United States Courts), the 
     Congress finds the following:
       (1) Federal courts along the southwest border of the United 
     States have a greater percentage of their criminal caseload 
     affected by immigration cases than other Federal courts.
       (2) The percentage of criminal immigration cases in most 
     southwest border district courts totals more than 49 percent 
     of the total criminal caseloads of those districts.
       (3) The current number of judges authorized for those 
     courts is inadequate to handle the current caseload.
       (4) Such an increase in the caseload of criminal 
     immigration filings requires a corresponding increase in the 
     number of Federal judgeships.
       (5) The 2007 Judicial Conference recommended the addition 
     of judgeships to meet this growing burden.
       (6) The Congress should authorize the additional district 
     court judges necessary to carry out the 2007 recommendations 
     of the Judicial Conference for district courts in which the 
     criminal immigration filings represented more than 49 percent 
     of all criminal filings for the 12-month period ending 
     September 30, 2006.
       (b) Purpose.--The purpose of this Act is to increase the 
     number of Federal judgeships, in accordance with the 
     recommendations of the 2007 Judicial Conference, in district 
     courts that have an extraordinarily high criminal immigration 
     caseload.

     SEC. 306. ADDITIONAL DISTRICT COURT JUDGESHIPS.

       (a) Permanent Judgeships.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (A) 4 additional district judges for the district of 
     Arizona;
       (B) 5 additional district judges for the southern district 
     of California;
       (C) 1 additional district judge for the district of New 
     Mexico;
       (D) 2 additional district judges for the southern district 
     of Texas; and
       (E) 1 additional district judge for the western district of 
     Texas.
       (2) Conforming amendments.--In order that the table 
     contained in section 133(a) of title 28, United States Code, 
     reflect the number of additional judges authorized under 
     paragraph (1), such table is amended--
       (A) in the item relating to Arizona, by striking ``12'' and 
     inserting ``16'';
       (B) in the item relating to California, by striking ``13'' 
     and inserting ``18'';
       (C) in the item relating to New Mexico, by striking ``6'' 
     and inserting ``7'';
       (D) in the item relating to Texas--
       (i) by striking ``19'' and inserting ``21''; and
       (ii) by striking ``13'' and inserting ``14''.
       (b) Temporary Judgeships.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (A) 1 additional district judge for the district of 
     Arizona; and
       (B) 1 additional district judge for the district of New 
     Mexico.
       (2) Vacancy not filled.--For each of the judicial districts 
     named in this subsection, the first vacancy arising on the 
     district court 10 years or more after a judge is first 
     confirmed to fill the temporary district judgeship created in 
     that district by this subsection shall not be filled.

     SEC. 307. MEDIA CAMPAIGN.

       (a) In General.--The Secretary of Labor and the Secretary 
     of Homeland Security shall develop strategies to inform the 
     public of changes in immigration policies created by 
     provisions in this legislation.
       (b) Notification of Changes to Employment Verification 
     Process.--The Secretary of Labor shall employ, at his or her 
     discretion, a combination of print, television, internet, and 
     radio media to notify employers of changes to the employment 
     verification process. These multilingual media campaigns 
     should be targeted toward non-citizen communities and those 
     most likely to employ non-citizens. Announcements should 
     encourage compliance with new legislation and should explain 
     penalties for noncompliance with provisions within this Act.
       (c) Multilingual Media Campaign.--The Secretary of Homeland 
     Security shall also develop a multilingual media campaign 
     explaining the extent of this legislation, the timelines 
     therein, and the penalties for noncompliance with this Act. 
     Announcements should be targeted toward undocumented aliens 
     and should emphasize--
       (1) provisions in this Act that enhance border security and 
     interior enforcement;
       (2) the benefits of voluntary removal of undocumented 
     aliens;
       (3) punishment for apprehension and forced removal of 
     undocumented aliens; and
       (4) legal methods of reentering the United States, 
     including temporary work visas.
       (d) Cooperation With Other Governments.--The Secretary of 
     Homeland Security shall make all reasonable attempts to 
     cooperate with the Governments of Mexico and the countries of 
     Central America in implementing a media campaign that raises 
     awareness of the issues in paragraph (2).
                                 ______
                                 
  SA 4794. Mr. VITTER submitted an amendment intended to be proposed to

[[Page S4504]]

amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. USE OF FUNDS FOR CONSTRUCTION.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall use for 
     construction, at the alignment and elevation described in the 
     programmatic environmental impact statement, of the project 
     identified in the report of the Chief of Engineers for 
     Morganza to the Gulf of Mexico, Louisiana, authorized by 
     section 1001(24) of the Water Resources Development Act of 
     2007 (121 Stat. 1053) (including any modifications to that 
     project agreed to by the Secretary and the non-Federal 
     interest)--
       (1) of the unexpended funds made available under the 
     heading ``flood control, mississippi river and tributaries, 
     arkansas, illinois, kentucky, louisiana, mississippi, 
     missouri, and tennessee'', under the heading ``Corps of 
     engineers-civil'', under the heading ``Department of the 
     Army'' of chapter 3 of title I of division B of Public Law 
     109-148 (119 Stat. 2762; 120 Stat. 455), $20,000,000; and
       (2) of the funds made available for non-Federal levees and 
     associated protection measures in Terrebonne Parish under the 
     heading ``flood control and coastal emergencies'', under the 
     heading ``Corps of engineers-civil'', under the heading 
     ``Department of the Army'' of chapter 3 of title II of Public 
     Law 109-234 (120 Stat. 455), $2,000,000.
       (b) Treatment of Certain Data.--The Secretary shall 
     consider to be current any data, including previously 
     developed environmental and economic data contained in the 
     report and environmental impact statement described in 
     subsection (a), collected for the project described in that 
     subsection.
                                 ______
                                 
  SA 4795. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike Title VIII.
                                 ______
                                 
  SA 4796. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                 TITLE ___ GI BILL FINANCING PROVISION

     SEC. ___. GI BILL FINANCING PROVISION.

       (a) In General.--Part I of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     section 1 the following new section:

     ``SEC. 1A. INCREASE IN TAX ON HIGH INCOME INDIVIDUALS TO 
                   FINANCE THE GI BILL.

       ``(a) General Rule.--In the case of a taxpayer other than a 
     corporation, there is hereby imposed (in addition to any 
     other tax imposed by this subtitle) a tax equal to 0.47 
     percent of so much of modified adjusted gross income as 
     exceeds $500,000 ($1,000,000 in the case of a joint return or 
     a surviving spouse (as defined in section 2(a)).
       ``(b) Modified Adjusted Gross Income.--For purposes of this 
     section, the term `modified adjusted gross income' means 
     adjusted gross income reduced by any deduction allowed for 
     investment interest (as defined in section 163(d)). In the 
     case of an estate or trust, a rule similar to the rule of 
     section 67(e) shall apply for purposes of determining 
     adjusted gross income for purposes of this section.
       ``(c) Nonresident Alien.--In the case of a nonresident 
     alien individual, only amounts taken into account in 
     connection with the tax imposed by section 871(b) shall be 
     taken into account under this section.
       ``(d) Marital Status.--For purposes of this section, 
     marital status shall be determined under section 7703.
       ``(e) Not Treated as Tax Imposed by This Chapter for 
     Certain Purposes.--The tax imposed under this section shall 
     not be treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this chapter or 
     for purposes of section 55.''.
       (b) Clerical Amendment.--The table of sections for part I 
     of subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 1 the following 
     new item:

``Sec. 1A. Increase in tax on high income individuals to finance the GI 
              bill.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
       (d) Section 15 Not to Apply.--The amendment made by 
     subsection (a) shall not be treated as a change in a rate of 
     tax for purposes of section 15 of the Internal Revenue Code 
     of 1986.
                                 ______
                                 
  SA 4797. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __ (a) The Secretary of the Army (referred to in this 
     section as the ``Secretary'') shall initiate the construction 
     of the project authorized by section 1001(24) of the Water 
     Resources Development Act of 2007 (121 Stat. 1053), as 
     described in the programmatic environmental impact statement 
     of the project.
       (b) To initiate the construction of the project described 
     in subsection (a), the Secretary shall accept from the 
     Terrebonne Levee and Conservation District, Louisiana, and 
     the State of Louisiana (referred to in this section as the 
     ``non-Federal interests'') advanced funding that the 
     Secretary shall credit toward the non-Federal share of the 
     cost of the project.
       (c) The Secretary shall credit toward the non-Federal share 
     of the cost of the project described in subsection (a) the 
     cost of design and construction work carried out by the non-
     Federal interests before the date of the partnership 
     agreement for the project if the Secretary determines that 
     the work is integral to the project.
       (d) In carrying out subsection (a), the Secretary shall 
     consider current any data collected for the project described 
     in that subsection.
                                 ______
                                 
  SA 4798. Mr. REID (for Mr. Schumer (for himself and Mr. McCain)) 
proposed an amendment to the bill S. 431, to require convicted sex 
offenders to register online identifiers, and for other purposes; as 
follows:

       On page 2, line 3, strike ``2007'' and insert ``2008''.
       On page 2, line 4, strike ``2007'' and insert ``2008''.
       On page 2, lines 18 and 19, strike ``, instant message 
     address,''.
       On page 2, line 20, strike ``an''.
       On page 2, strike line 22, and all that follows through 
     page 3, line 5, and insert the following:
       (b) Updating of Information.--Section 113(c) of the Sex 
     Offender Registration and Notification Act (42 U.S.C. 
     16913(c)) is amended by adding at the end the following: 
     ``The Attorney General shall have the authority to specify 
     the time and manner for reporting of other changes in 
     registration information, including any addition or change of 
     an electronic mail address or other designation used for 
     self-identification or routing in Internet communication or 
     posting.''.
       On page 3, strike line 12 and all that follows through page 
     4, line 3, and insert the following:
       ``(d) Knowing Failure to Register Online Identifiers.--
     Whoever--
       ``(1) is required to register under the Sex Offender 
     Registration and Notification Act (42 U.S.C. 16901 et seq.); 
     and
       ``(2) uses an email address or any other designation used 
     for self-identification or routing in Internet communication 
     or posting which the individual knowingly failed to provide 
     for inclusion in a sex offender registry as required under 
     that Act;

     shall be fined under this title or imprisoned not more than 
     10 years, or both.''.
       On page 4, strike lines 11 through 13, and insert the 
     following:

     SEC. 3. CHECKING OF ONLINE IDENTIFIERS AGAINST SEX OFFENDER 
                   REGISTRATION INFORMATION.

       On page 4, line 23 strike ``, instant'' and all that 
     follows through ``offender'' on line 25, and insert ``or 
     designation used for self-identification or routing in 
     Internet communication or posting''.
       On page 5, strike line 1 and all that follows through page 
     9, line 6, and insert the following:
       (b) Online Identifier Checking System for Social Networking 
     Websites.--Section 121 of the Sex Offender Registration and 
     Notification Act (42 U.S.C. 16921) is amended by adding at 
     the end the following:
       ``(d) Checking System for Social Networking Websites.--
       ``(1) In general.--The Attorney General shall maintain a 
     system available to social networking websites that permits 
     the automated comparison of lists or databases of the 
     electronic mail addresses and other designations used for 
     self-identification or routing in Internet communication or 
     posting of the registered users of such websites, to the 
     corresponding information contained in or derived from sex 
     offender registries.
       ``(2) Qualification for use of system.--A social networking 
     website seeking to use the system established under paragraph 
     (1) shall submit an application to the Attorney General which 
     provides--
       ``(A) the name and legal status of the website;
       ``(B) the contact information for the website;
       ``(C) a description of the nature and operations of the 
     website;

[[Page S4505]]

       ``(D) a statement explaining why the website seeks to use 
     the system; and
       ``(E) such other information or attestations as the 
     Attorney General may require to ensure that the website will 
     use the system--
       ``(i) to protect the safety of the users of such website; 
     and
       ``(ii) not for any unlawful or improper purpose.
       ``(3) Searches against the system.--
       ``(A) In general.--A social networking website approved to 
     use the system established under paragraph (1) shall--
       ``(i) submit the information to be compared in a form 
     satisfying the technical requirements for searches against 
     the system; and
       ``(ii) pay any fee established by the Attorney General for 
     use of the system.
       ``(B) Frequency of use of the system.--A social networking 
     website approved by the Attorney General to use the system 
     established under paragraph (1) may conduct searches under 
     the system as frequently as the Attorney General may allow.
       ``(C) Authority of ag to suspend use.--The Attorney General 
     may deny, suspend, or terminate use of the system by a social 
     networking website that--
       ``(i) provides false information in its application for use 
     of the system; or
       ``(ii) may be using or seeks to use the system for any 
     unlawful or improper purpose.
       ``(4) Limitation on release of internet identifiers.--
       ``(A) No public release.--Neither the Attorney General nor 
     a social networking website approved to use the system 
     established under paragraph (1) may release to the public any 
     list of the e-mail addresses or other designations used for 
     self-identification or routing in Internet communication or 
     posting of sex offenders contained in the system.
       ``(B) Additional limitations.--The Attorney General shall 
     limit the release of information obtained through the use of 
     the system established under paragraph (1) by social 
     networking websites approved to use such system.
       ``(C) Strict adherence to limitation.--The use of the 
     system established under paragraph (1) by a social networking 
     website shall be conditioned on the website's agreement to 
     observe the limitations required under this paragraph.
       ``(D) Rule of construction.--This subsection shall not be 
     construed to limit the authority of the Attorney General 
     under any other provision of law to conduct or to allow 
     searches or checks against sex offender registration 
     information.''.
       On page 9, line 9, strike ``commercial''.
       On page 9, line 10, insert ``parent,''after ``employee,''.
       On page 9, line 11, strike ``commercial''.
       On page 9, line 17, strike ``commercial''.
       On page 9, line 19, strike ``commercial''.
       On page 10, line 10, strike ``commercial''.
       On page 10, line 16, strike ``commercial''.
       On page 10, lines 19 and 20, strike ``, instant message 
     addresses,''.
       On page 10, lines 20 and 21, strike ``and other similar 
     Internet identifiers of'' and insert ``and other designations 
     used for self-identification or routing in Internet 
     communication or posting by''.
       On page 10, line 25, strike ``commercial''.
       On page 11, lines 2 and 3, strike ``, instant message 
     addresses,''.
       On page 11, lines 3 and 4, strike ``and other similar 
     Internet identifiers of'' and insert ``and other designations 
     used for self-identification or routing in Internet 
     communication or posting by''.
       On page 11, line 21, strike ``commercial''.
       On page 11, line 22, strike ``a commercially operated'' and 
     insert ``an''.
       On page 12, line 8, strike ``, such as a forum'' and all 
     that follows through ``messenger'' on line 9.
       On page 12, strike lines 15 through 19.
       On page 12, line 20, strike ``(17)'' and insert ``(16)''.
       On page 12, line 23, strike ``(18)'' and insert ``(17)''.
       On page 13, strike line 3 and all that follows through the 
     first period on line 6.
       On page 13, strike line 10 and all that follows through 
     page 14, line 13, and insert the following:
       Section 2422 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(c) Misrepresentation of Age.--Whoever knowingly 
     misrepresents his or her age using the Internet or any other 
     facility or means of interstate or foreign commerce or the 
     mail, with the intent to further or facilitate a violation of 
     this section, shall be fined under this title and imprisoned 
     not more than 20 years. A sentence imposed under this 
     subsection shall be in addition and consecutive to any 
     sentence imposed for the offense the age misrepresentation 
     was intended to further or facilitate.''.
       On page 14, line 15, strike ``WATCH'' and insert ``VIEW''.
       On page 15, line 21, strike ``and''.
       On page 15, between lines 21 and 22, insert the following:
       (C) in subsection (c), by striking ``computer'' each place 
     that term appears and inserting ``using any means or facility 
     of interstate or foreign commerce''; and
       On page 15, line 22, strike ``(C)'' and insert ``(D)''.
       On page 16, line 15, strike ``and''.
       On page 16, between lines 15 and 16, insert the following:
       (C) in paragraph (3)--
       (i) by inserting ``using any means or facility of 
     interstate or foreign commerce'' after ``so shipped or 
     transported''; and
       (ii) by striking ``by any means,''; and
       On page 16, line 16, strike ``(C)'' and insert ``(D)''.
       On page 16, between lines 23 and 24, insert the following:
       (B) in paragraph (2), by inserting ``using any means or 
     facility of interstate or foreign commerce'' after ``mailed, 
     or'' each place it appears;
       On page 16, line 24, strike ``(B)'' and insert ``(C)''.
       On page 17, line 3, strike ``(C)'' and insert ``(D)''.
       On page 17, line 7, strike ``(D)'' and insert ``(E)''.
                                 ______
                                 
  SA 4799. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 101, line 16, strike ``$73,000,000'' and insert 
     ``$70,000,000''.
       On page 101, line 23, strike ``, and not'' and all that 
     follows through ``designees:'' on page 102, line 1, and 
     insert a colon.
       On page 103, line 1, strike ``$3,000,000'' and insert 
     ``$6,000,000''.
                                 ______
                                 
  SA 4800. Mr. WARNER (for himself, Mr. Webb, Mr. Hagel, Mr. Levin, and 
Mr. Akaka) submitted an amendment intended to be proposed by him to the 
bill H.R. 2642, making appropriations for military construction, the 
Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PILOT PROGRAM ON TRANSFERABILITY OF POST-9/11 
                   VETERANS EDUCATIONAL ASSISTANCE BY CERTAIN 
                   MEMBERS OF THE ARMED FORCES.

       (a) Pilot Program Required.--The Secretary of Defense may 
     carry out a pilot program to assess the feasability and 
     advisability, for purposes of enhancing the recruitment and 
     retention of members of the Armed Forces, of authorizing the 
     Secretaries of the military departments to permit an 
     individual described in subsection (c) who is entitled to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as added by section ___ of this Act), to elect 
     to transfer to one or more of the dependents specified in 
     subsection (d) a portion of such individual's entitlement to 
     such assistance, subject to the limitation in subsection (e).
       (b) Duration of Pilot Program.--An individual may not be 
     approved to transfer educational assistance under the pilot 
     program under this section after the end of the two-year 
     period beginning on the date of the commencement of the pilot 
     program.
       (c) Eligible Individuals.--An individual described in this 
     subsection is a member of the Armed Forces who, at the time 
     of the approval by the Secretary of the military department 
     concerned of the individual's request to transfer entitlement 
     to educational assistance under the pilot program under this 
     section--
       (1) has completed at least four years of service in the 
     Armed Forces;
       (2) meets such other requirements as the Secretary of 
     Defense may prescribe for purposes of this section; and
       (3) enters into an agreement to serve at least six more 
     years as a member of the Armed Forces.
       (d) Eligible Dependents.--An individual approved to 
     transfer an entitlement to educational assistance under the 
     pilot program 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).
       (e) Limitation on Months of Transfer.--
       (1) In general.--Except as provided in paragraph (2), the 
     total number of months of entitlement transferrable by an 
     individual under the pilot program under this section may not 
     exceed 18 months.
       (2) Additional months transferrable after certain 
     service.--The total number of months of entitlement 
     transferrable under the pilot program by an individual who 
     serves at least 10 years of service in the Armed Forces may 
     not exceed 36 months.
       (f) Designation of Transferee.--An individual transferring 
     entitlement to educational assistance under the pilot program 
     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).
       (g) Time for Transfer; Revocation and Modification.--
       (1) Time for transfer.--Subject to the time limitation for 
     use of entitlement under

[[Page S4506]]

     section 3321 of title 38, United State Code (as so added), an 
     individual approved to transfer entitlement to educational 
     assistance under the pilot program under this section may 
     transfer such entitlement at any time after the approval of 
     the individual's request to transfer such entitlement without 
     regard to whether the individual is a member of the Armed 
     Forces when the transfer is executed or the authority for 
     approvals of transfers of entitlement has ceased under 
     subsection (b).
       (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 of the military department 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.
       (h) Commencement of Use.--A dependent to whom entitlement 
     to educational assistance is transferred under the pilot 
     program under this section may not commence the use of the 
     transferred entitlement until--
       (1) in the case of entitlement transferred to either a 
     spouse or a child, the completion by the individual making 
     the transfer of four years of service in the Armed Forces; 
     and
       (2) in the case of entitlement transferred to a child--
       (A) the completion by the child of the requirements of a 
     secondary school diploma (or equivalency certificate); or
       (B) the attainment by the child of 18 years of age.
       (i) Additional Administrative Matters.--
       (1) Nature of transferred entitlement.--Except as provided 
     under subsection (f)(2) and subject to the provisions of this 
     subsection, a dependent to whom entitlement is transferred 
     under the pilot program this section is entitled to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added), in the same manner as the 
     individual from whom the entitlement was transferred.
       (2) Rate of payment.--Educational assistance payable to a 
     dependent to whom entitlement is transferred under this 
     section shall be payable at the same rate as such entitlement 
     would otherwise be payable under chapter 33 of title 38, 
     United States Code (as so added), to the individual making 
     the transfer.
       (3) 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 (as determined pursuant to 
     regulations prescribed by the Secretary of Veterans Affairs 
     for purposes of this section) by the dependent concerned.
       (4) Death of transferror.--The death of an individual 
     transferring 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 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 chapter 33 of title 38, United 
     States Code (as so added), 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.
       (j) 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 the pilot 
     program 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 of title 38, United States Code.
       (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 (c)(3) 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) of this 
     title (as so added).
       (k) Regulations.--The Secretary of Veterans Affairs shall 
     prescribe regulations for purposes of the pilot program under 
     this section. Such regulations shall specify the following:
       (1) The manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (g)(2).
       (2) The manner of determining the rates of educational 
     assistance payable to dependents for purposes of subsection 
     (i)(2) and of determining the charge against entitlement of 
     transferring individuals for educational assistance utilized 
     by dependents for purposes of subsection (i)(3).
       (3) The manner of the applicability of the administrative 
     provisions referred to in subsection (i)(7) to a dependent to 
     whom entitlement is transferred under this section.
       (l) Report.--
       (1) In general.--Not later than 180 days after the 
     cessation under subsection (b)(2) of approvals for transfer 
     of entitlement under the pilot program under this section, 
     the Secretary of Defense shall submit to Congress a report on 
     the pilot program.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the use of the authorities under the 
     pilot program by the Secretaries of the military departments.
       (B) An assessment of the utility of the authorities under 
     the pilot program in enhancing recruitment and retention of 
     members of the Armed Forces.
       (C) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate in light of the 
     pilot program.
       (m) Secretary of a Military Department Defined.--In this 
     section, the term ``Secretary of a military department'', 
     with respect to the Coast Guard, means the Secretary of 
     Defense or the Secretary of Homeland Security when the Coast 
     Guard is not operating as a service in the Navy.
                                 ______
                                 
  SA 4801. Mr. ALLARD submitted an amendment intended to be proposed to 
amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in the bill (amendment #4789) 
     include the following:
       ``Sec.__. Section 433 of Division F of P.L. 110-161 is 
     hereby repealed. Notwithstanding the Energy Policy Act of 
     2005 (Public Law 109-58), the Secretary of the Interior shall 
     not issue any final regulations pursuant to subsection 369(d) 
     of such Act sooner than 90 days after publication of proposed 
     regulations pursuant to such subsection and shall not conduct 
     a competitive oil shale lease sale pursuant to subsection 
     369(e) of such Act prior to December 31, 2011.''
                                 ______
                                 
  SA 4802. Mr. ALLARD submitted an amendment intended to be proposed to 
amendment SA 4789 proposed by Mr. Reid to the bill H.R. 2642, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in the bill (amendment #4789) 
     insert the following:
       ``Sec.__. Funds provided in this Act for the Department of 
     the Interior shall be used to prepare and publish final 
     regulations regarding a commercial leasing program for oil 
     shale resources on public lands pursuant to subsection 369(d) 
     of the Energy Policy Act of 2005 (Public Law 109-58).''
                                 ______
                                 
  SA 4803. Mr. REID proposed an amendment to the House amendment 
numbered 2 to the amendment of the Senate to the bill H.R. 2642, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2008, and for other purposes; as follows:

       In lieu of the language proposed to be inserted, insert the 
     following:

                                TITLE I

    OTHER SECURITY, MILITARY CONSTRUCTION, AND INTERNATIONAL MATTERS

                               CHAPTER 1

                       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

                         DEPARTMENT OF JUSTICE

                         General Administration


                      OFFICE OF INSPECTOR GENERAL

       For an additional amount for the Office of the Inspector 
     General, $4,000,000, to remain available until September 30, 
     2009.

[[Page S4507]]

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

       For an additional amount for ``Salaries and Expenses, 
     General Legal Activities'', $1,648,000, to remain available 
     until September 30, 2009.


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

       For an additional amount for ``Salaries and Expenses, 
     United States Attorneys'', $5,000,000, to remain available 
     until September 30, 2009.

                     United States Marshals Service


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $18,621,000, to remain available until September 30, 2009.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $164,965,000, 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'', 
     $22,666,000, to remain available until September 30, 2009.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $4,000,000, to remain available until September 30, 2009.

                         Federal Prison System


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $9,100,000, to remain available until September 30, 2009.

                               CHAPTER 3

                         MILITARY CONSTRUCTION

                      Military Construction, Army

       For an additional amount for ``Military Construction, 
     Army'', $1,170,200,000: Provided, That 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 made available under 
     this heading, $1,033,000,000 shall remain available until 
     September 30, 2009, and $137,200,000 shall remain available 
     until September 30, 2012: Provided further, That funds made 
     available under this heading for military construction 
     projects in 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 U.S. military personnel in Iraq.

              Military Construction, Navy and Marine Corps

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $300,084,000: Provided, That 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 made 
     available under this heading, $270,785,000 shall remain 
     available until September 30, 2009, and $29,299,000 shall 
     remain available until September 30, 2012.

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $361,900,000: Provided, That 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 made available under 
     this heading, $324,300,000 shall remain available until 
     September 30, 2009, and $37,600,000 shall remain available 
     until September 30, 2012: Provided further, That funds made 
     available under this heading for military construction 
     projects in 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 U.S. military personnel in Iraq.

                  Military Construction, Defense-Wide

       For an additional amount for ``Military Construction, 
     Defense-Wide'', $27,600,000, to remain available until 
     September 30, 2009: Provided, That 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, 2012: Provided, That such funds may be 
     obligated or expended for 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), $1,202,886,000, to remain available until 
     expended.

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                       GENERAL OPERATING EXPENSES

       For an additional amount for ``General Operating 
     Expenses'', $100,000,000, to remain available until expended.


                     INFORMATION TECHNOLOGY SYSTEMS

       For an additional amount for ``Information Technology 
     Systems'', $20,000,000, to remain available until expended.


                      CONSTRUCTION, MAJOR PROJECTS

       For an additional amount for ``Construction, Major 
     Projects'', $437,100,000, 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 
     $70,600,000, to remain available until September 30, 2012, 
     for the acceleration and completion of child development 
     center construction as proposed in the fiscal year 2009 
     budget request for the Department of the Army: Provided, That 
     such funds may be obligated and expended to carry out 
     planning and design and military construction not otherwise 
     authorized by law.
       Sec. 1302. In addition to amounts otherwise appropriated or 
     made available under the heading ``Military Construction, 
     Navy and Marine Corps'', there is hereby appropriated an 
     additional $89,820,000, to remain available until September 
     30, 2012, for the acceleration and completion of child 
     development and youth center construction as proposed in the 
     fiscal year 2009 budget request for the Department of the 
     Navy: Provided, That such funds may be obligated and expended 
     to carry out planning and design and military construction 
     not otherwise authorized by law.
       Sec. 1303. In addition to amounts otherwise appropriated or 
     made available under the heading ``Military Construction, Air 
     Force'', there is hereby appropriated an additional 
     $8,100,000, to remain available until September 30, 2012, for 
     the acceleration and completion of child development center 
     construction as proposed in the fiscal year 2009 budget 
     request for the Department of the Air Force: Provided, That 
     such funds may be obligated and expended to carry out 
     planning and design and military construction not otherwise 
     authorized by law.
       Sec. 1304. 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 the Army 
     installations: Provided, That 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 shall submit to the Committees on Appropriations of 
     both Houses of Congress an expenditure plan for barracks 
     construction prior to obligation.
       Sec. 1305. Collection of Certain Indebtedness of Members of 
     the Armed Forces and Veterans Who Die of Injury Incurred or 
     Aggravated in Service in the Line of Duty in a Combat Zone. 
     (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

[[Page S4508]]

     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

     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'', $1,413,700,000, to remain available until 
     September 30, 2009, of which $212,400,000 for worldwide 
     security protection is available until expended: Provided, 
     That not more than $1,095,000,000 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: Provided further, That of the funds 
     appropriated under this heading, up to $5,000,000 shall be 
     made available to establish a United States Consulate in 
     Lhasa, Tibet: Provided further, That the Department of State 
     shall not consent to the opening of a consular post in the 
     United States by the People's Republic of China until such 
     time as a United States Consulate in Lhasa, Tibet is 
     established.


                      Office Of Inspector General

                     (Including Transfer of Funds)

       For an additional amount for ``Office of Inspector 
     General'', $12,500,000, 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 up to $5,000,000 may be 
     transferred to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight.


               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

       For an additional amount for ``Educational and Cultural 
     Exchange Programs'', $10,000,000, to remain available until 
     September 30, 2009, of which $5,000,000 shall be for programs 
     and activities in Africa, and $5,000,000 shall be for 
     programs and activities in the Western Hemisphere.


            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'', $383,600,000, 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'', $3,000,000, 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'', $240,000,000, 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'', 
     $149,500,000, 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'', 
     $1,962,500,000, to remain available until September 30, 2009, 
     of which not more than $398,000,000 may be made available for 
     assistance for Iraq, $150,000,000 shall be made available for 
     assistance for Jordan to meet the needs of Iraqi refugees, 
     and up to $53,000,000 may be made available for energy-
     related assistance for North Korea, notwithstanding any other 
     provision of law: Provided, That not more than $200,000,000 
     of the funds appropriated under this heading in this 
     subchapter shall be made available for assistance for the 
     West Bank: Provided further, That funds made available 
     pursuant to the previous proviso shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations: 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'', $520,000,000, 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: Provided, 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.


                    Migration and Refugee Assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $330,500,000, 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'', $36,608,000, to 
     remain available until expended.


    Nonproliferation, Anti-Terrorism, Demining and Related Programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $10,000,000, to 
     remain available until September 30, 2009.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                        Peacekeeping Operations

       For an additional amount for ``Peacekeeping Operations'', 
     $10,000,000, to remain available until September 30, 2009.

     Subchapter B--Bridge Fund 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'', $652,400,000, 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 $500,000,000 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 up to $5,000,000 shall be 
     transferred to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight.


            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

       For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', $41,300,000, which shall 
     become available on October 1, 2008 and remain available 
     until expended, for facilities in Afghanistan.

                      International Organizations


              Contributions to International Organizations

       For an additional amount for ``Contributions to 
     International Organizations'', $75,000,000, which shall 
     become available on October 1, 2008 and remain available 
     through September 30, 2009.

[[Page S4509]]

        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'', 
     $1,132,300,000, which shall become available on October 1, 
     2008 and remain available through September 30, 2009, of 
     which not more than $110,000,000 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 $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'', $151,000,000, which shall 
     become available on October 1, 2008 and remain available 
     through September 30, 2009, of which not more than 
     $50,000,000 shall be made available for security assistance 
     for the West Bank.


                    Migration and Refugee Assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $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'', $145,000,000, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2009, of which $100,000,000 shall be made available for 
     assistance for Jordan: Provided, That section 3802(c) of 
     title III, chapter 8 of Public of Law 110-28 shall apply to 
     funds made available under this heading for assistance for 
     Lebanon.


                        Peacekeeping Operations

       For an additional amount for ``Peacekeeping Operations'', 
     $85,000,000, which shall become available on October 1, 2008 
     and remain available through September 30, 2009.

             Subchapter C--General Provisions--This Chapter


                        Extension of Authorities

       Sec. 1401. Funds appropriated by this chapter may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672 (22 U.S.C. 2412), section 15 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
     section 313 of the Foreign Relations Authorization Act, 
     Fiscal Year 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.--None 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 certifies and 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.--None 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) Subsection (e)(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.
       (f) Vetting.--Prior to the initial obligation of funds 
     appropriated for assistance for Iraq in this chapter, the 
     Secretary of State shall, in consultation with the heads of 
     other Federal departments and agencies, take appropriate 
     steps to ensure that such funds are

[[Page S4510]]

     not provided to or through any individual, private entity, or 
     educational institution that the Secretary knows or has 
     reason to believe advocates, plans, sponsors, or engages in, 
     terrorist activities.
       (g) Iraq Relief and Reconstruction Fund.--
       (1) Notwithstanding any other provision of law, the expired 
     balances of funds appropriated or otherwise made available 
     under the heading ``Iraq Relief and Reconstruction Fund'' in 
     prior Acts making appropriations for foreign operations, 
     export financing, and related programs shall be rescinded.
       (2) None of the funds made available under the heading 
     ``Iraq Relief and Reconstruction Fund'' in prior Acts making 
     appropriations for foreign operations, export financing, and 
     related programs may be reprogrammed for any purpose other 
     than that previously notified to the Committees on 
     Appropriations prior to April 30, 2008, and none of such 
     funds may be made available to initiate any new projects or 
     activities.
       (3) Not later than 30 days after enactment of this Act, the 
     Secretary of State shall report to the Committees on 
     Appropriations on the balances of obligated funds referenced 
     in subsection (g)(1), and estimates of the amount of funds 
     required to close out ongoing projects or for outstanding 
     claims.


                              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) Civilian Assistance.--Of the funds appropriated by this 
     chapter under the heading ``Economic Support Fund'' that are 
     available for assistance for Afghanistan, not less than 
     $10,000,000 shall be made available for continued support of 
     the United States Agency for International Development's 
     Afghan Civilian Assistance Program, and 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.


            Waiver of Certain Sanctions Against North Korea

       Sec. 1404. (a) Annual 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 under section 
     102(b) of the Arms Export Control Act (22 U.S.C. 2799aa-
     1(b)), for the purpose of--
       (A) assisting in 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) promoting the elimination of the capability of North 
     Korea to develop, deploy, transfer, or maintain weapons of 
     mass destruction and their delivery systems.
       (2) Duration of waiver.--Any waiver issued under this 
     subsection shall expire at the end of the calendar year in 
     which it is issued.
       (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), (C), 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.
       (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.
       (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. 1405. (a) Assistance for Mexico.--Of the funds 
     appropriated in subchapter A under the heading 
     ``International Narcotics Control and Law Enforcement'', not 
     more than $350,000,000 may be made available for assistance 
     for Mexico, only to combat drug trafficking and related 
     violence and organized crime, and for judicial reform, 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 none of the funds made available under this 
     section shall be available for obligation until the Secretary 
     of State determines and reports to the Committees on 
     Appropriations that vetting procedures are in place to ensure 
     that members and units of the Mexican military and police 
     forces that receive assistance pursuant to this section have 
     not been involved in human rights violations or corrupt acts.
       (b) Allocation of Funds.--Twenty-five percent of the funds 
     made available by subchapter A for assistance for Mexico 
     under the heading ``International Narcotics Control and Law 
     Enforcement'' may be obligated only after the Secretary of 
     State determines and reports to the Committees on 
     Appropriations that:
       (1) The Government of Mexico is--
       (A) strengthening the legal authority and independence of 
     the National Human Rights Commission;
       (B) establishing police complaints commissions with 
     authority and independence to receive complaints and carry 
     out effective investigations;
       (C) establishing an independent mechanism, with 
     representation from civil society, to monitor programs to 
     combat drug trafficking and related violence and organized 
     crime, judicial reform, anti-corruption, and rule of law 
     activities to ensure due process and the protection of 
     freedoms of expression, association, and assembly, and rights 
     of privacy, in accordance with Mexican and international law;
       (D) is enforcing the prohibition on the use of testimony 
     obtained through torture or other ill-treatment in violation 
     of Mexican and international law;
       (E) is ensuring that the Mexican military justice system is 
     transferring all cases involving allegations of human rights 
     violations by military personnel to civilian prosecutors and 
     judicial authorities, and that the armed forces are fully 
     cooperating with civilian prosecutors and judicial 
     authorities in prosecuting and punishing in civilian courts 
     members of the armed forces who have been credibly alleged to 
     have committed such violations; and
       (F) is ensuring that federal and state police forces are 
     fully cooperating with prosecutors and judicial authorities 
     in prosecuting and punishing members of the police forces who

[[Page S4511]]

     have been credibly alleged to have committed violations of 
     human rights.
       (2) Civilian prosecutors and judicial authorities are 
     investigating, prosecuting and punishing members of the 
     Mexican military and police forces who have been credibly 
     alleged to have committed human rights violations.
       (c) Exception.--Notwithstanding subsection (b), of the 
     funds made available for assistance for Mexico pursuant to 
     this section, $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, and $5,000,000 should 
     be made available to the Bureau of Alcohol, Tobacco, Firearms 
     and Explosives to deploy special agents in Mexico to support 
     Mexican law enforcement agencies in tracing seized firearms 
     and investigating firearms trafficking cases.
       (d) Report.--The report required in subsection (b) shall 
     include a description of actions taken with respect to each 
     requirement specified in subsection (b) 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 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).
       (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 in subchapter A, which shall include a 
     strategy for combating drug trafficking and related violence 
     and organized crime, judicial reform, preventing corruption, 
     and strengthening the rule of law, with concrete goals, 
     actions to be taken, budget proposals, and anticipated 
     results.
       (g) Consultation.--Not later than 90 days after the date of 
     the enactment of this Act, and every 120 days thereafter 
     until September 30, 2010, the Secretary of State shall 
     consult with Mexican and internationally recognized human 
     rights organizations on progress in meeting the requirements 
     described in subsection (b).


                            CENTRAL AMERICA

       Sec. 1406. (a) Assistance for the Countries of Central 
     America.--Of the funds appropriated in subchapter A under the 
     headings ``International Narcotics Control and Law 
     Enforcement'' and ``Economic Support Fund'', not more than 
     $100,000,000 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, anti-
     corruption, and rule of law activities: Provided, That of the 
     funds appropriated under the heading ``Economic Support 
     Fund'', $40,000,000 shall be made available through the 
     United States Agency for International Development for an 
     Economic and Social Development Fund for Central America: 
     Provided further, That of the funds made available pursuant 
     to this section, $5,000,000 shall be made available for 
     assistance for Haiti and $5,000,000 shall be made available 
     for assistance for the Dominican Republic: Provided further, 
     That of the funds made available pursuant to this section 
     that are available for assistance for Guatemala, not less 
     than $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, with the exception of the first and 
     third provisos in this section, none of the funds shall be 
     available for obligation until the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that vetting procedures are in place to ensure that members 
     and units of the military and police forces of the countries 
     of Central America, Haiti and the Dominican Republic that 
     receive assistance pursuant to this section have not been 
     involved in human rights violations or corrupt acts.
       (b) Allocation of Funds.--Twenty-five percent of the funds 
     made available by subchapter A for assistance for the 
     countries of Central America, Haiti and the Dominican 
     Republic under the heading ``International Narcotics Control 
     and Law Enforcement'' may be obligated only after the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that the government of such country is--
       (1) establishing a police complaints commission 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) suspending, prosecuting and punishing members of the 
     military and police forces who have been credibly alleged to 
     have committed violations of human rights and corrupt acts.
       (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 
     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, preventing corruption, and 
     strengthening the rule of law, with concrete goals, actions 
     to be taken, budget proposals and anticipated results.
       (f) Consultation.--Not later than 90 days after the date of 
     enactment of this Act and every 120 days thereafter until 
     September 30, 2010, the Secretary of State shall consult with 
     internationally recognized human rights organizations, and 
     human rights organizations in the countries of Central 
     America, Haiti and the Dominican Republic receiving 
     assistance pursuant to this section, on progress in meeting 
     the requirements described in subsection (b).
       (g) Definition.--For the purposes of this section, the term 
     ``countries of Central America'' means Belize, Costa Rica, El 
     Salvador, Guatemala, Honduras, Nicaragua, and Panama.


                          TECHNICAL PROVISIONS

       Sec. 1407. (a) Administrative Expenses.--Of the funds 
     appropriated or otherwise made available under the heading 
     ``Economic Support Fund'' by title III of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2008 (division J of Public Law 110-161), 
     up to $7,800,000 may be made available, in addition to 
     amounts otherwise available for such purposes, for 
     administrative expenses of the United States Agency for 
     International Development for alternative development 
     programs in the Andean region of South America. These funds 
     may be used to reimburse funds appropriated under the heading 
     ``Operating Expenses of the United States Agency for 
     International Development'' for obligations incurred for the 
     purposes provided under this section prior to enactment of 
     this Act.
       (b) Authority.--Funds appropriated or otherwise made 
     available by title III of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008 
     (division J of Public Law 110-161) under the heading 
     ``Economic Support Fund'' that are available for a 
     competitively awarded grant for nuclear security initiatives 
     relating to North Korea shall be made available 
     notwithstanding any other provision of law.
       (c) Extension of Authority.--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 vet members and 
     units of Mexican military and police forces that receive 
     assistance made available by this Act and to monitor the uses 
     of such assistance.
       (d) Reimbursements.--Any agreement for the transfer or 
     allocation of funds appropriated by this Act, or prior Acts, 
     entered into between the United States Agency for 
     International Development and another agency of the United 
     States Government under the authority of section 632(a) of 
     the Foreign Assistance Act of 1961 or any comparable 
     provision of law, shall include the provision of sufficient 
     funds to fully reimburse the United States Agency for 
     International Development for the administrative costs, 
     including the cost of direct hire personnel, incurred in 
     implementing and managing the programs and activities under 
     such transfer or allocation. Such funds transferred or 
     allocated to the United States Agency for International 
     Development for administrative costs shall be transferred to 
     and merged with ``Operating Expenses of the United States 
     Agency for International Development''.
       (e) Exception.--Section 8002 of title VIII of this Act 
     shall not apply to this section.
       (f) Spending Authority.--Funds made available by this 
     chapter may be expended notwithstanding section 699K of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2008 (division J of Public Law 110-161).


                    BUYING POWER MAINTENANCE ACCOUNT

                     (including transfer 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

[[Page S4512]]

     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.''.


                                 SERBIA

       Sec. 1409. (a) Of the funds made available for assistance 
     for Serbia 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 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 transferred to, and merged 
     with, funds provided under the heading ``Embassy Security, 
     Construction, and Maintenance'' to be used for necessary 
     repairs or future construction.
       (b) The requirements of subsection (a) shall not apply if 
     the Secretary of State certifies to the Committees on 
     Appropriations that the Government of Serbia has provided 
     full compensation to the Department of State for damages to 
     the United States Embassy in Belgrade, Serbia resulting from 
     the February 21, 2008 attack on such Embassy.
       (c) Section 8002 of title VIII of this Act shall not apply 
     to this section.


                              Rescissions

                        (Including 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) Mexico.--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, notwithstanding section 1402(g) of this Act.
       (d) Horn of Africa.--
       (1) For an additional amount for ``Economic Support Fund'', 
     $40,000,000 for programs to promote development and counter 
     extremism in the Horn of Africa, to be administered by the 
     United States Agency for International Development, and to 
     remain available until September 30, 2009.
       (2) 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, $40,000,000 are rescinded, notwithstanding 
     section 1402(g) of this Act.
       (e) Exception.--Section 8002 of title VIII 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 or lease helicopters necessary to 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 effect such transfer or lease, 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 authority 
     of section 506 of the Foreign Assistance Act pursuant to this 
     section may include the authority to acquire helicopters by 
     contract.


                FOOD SECURITY AND CYCLONE NARGIS RELIEF

                    (INCLUDING RESCISSION OF FUNDS)

       Sec. 1412. (a) For an additional amount for ``International 
     Disaster Assistance'', $225,000,000, to address the 
     international food crisis globally and for assistance for 
     Burma to address the effects of Cyclone Nargis: Provided, 
     That not less than $125,000,000 should be made available for 
     the local or regional purchase and distribution of food to 
     address the international food crisis: Provided further, That 
     notwithstanding any other provision of law, none of the funds 
     appropriated under this heading may be made available for 
     assistance for the State Peace and Development Council.
       (b) Of the unexpended balances of funds appropriated under 
     the heading ``Millennium Challenge Corporation'' in prior 
     Acts making appropriations for foreign operations, export 
     financing and related programs, $225,000,000 are rescinded.
       (c) Section 8002 of title VIII of this Act shall not apply 
     to this section.


                                 JORDAN

                    (INCLUDING RESCISSION OF FUNDS)

       Sec. 1413. (a) For an additional amount for ``Economic 
     Support Fund'' for assistance for Jordan, $100,000,000, to 
     remain available until September 30, 2009.
       (b) For an additional amount for ``Foreign Military 
     Financing Program'' for assistance for Jordan, $200,000,000, 
     to remain available until September 30, 2009.
       (c) Of the unexpended balances of funds appropriated under 
     the heading ``Millennium Challenge Corporation'' in prior 
     Acts making appropriations for foreign operations, export 
     financing, and related programs, $300,000,000 are rescinded.
       (d) Section 8002 of title VIII 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 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 statement 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).

                                TITLE II

                            DOMESTIC MATTERS

                               CHAPTER 1

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       For an additional amount for salaries and expenses of the 
     Food and Drug Administration, $265,000,000, to remain 
     available until September 30, 2009: Provided, That of the 
     amount provided: (1) $119,000,000 shall be for the Center for 
     Food Safety and Applied Nutrition and related field 
     activities in the Office of Regulatory Affairs; (2) 
     $48,500,000 shall be for the Center for Drug Evaluation and 
     Research and related field activities in the Office of 
     Regulatory Affairs; (3) $23,500,000 shall be for the Center 
     for Biologics Evaluation and Research and related field 
     activities

[[Page S4513]]

     in the Office of Regulatory Affairs; (4) $10,700,000 shall be 
     for the Center for Veterinary Medicine and related field 
     activities in the Office of Regulatory Affairs; (5) 
     $35,500,000 shall be for the Center for Devices and 
     Radiological Health and related field activities in the 
     Office of Regulatory Affairs; (6) $6,000,000 shall be for the 
     National Center for Toxicological Research; and (7) 
     $21,800,000 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.


                        BUILDINGS AND FACILITIES

       For an additional amount for plans, construction, repair, 
     improvement, extension, alteration, and purchase of fixed 
     equipment or facilities of or used by the Food and Drug 
     Administration, where not otherwise provided, $10,000,000, to 
     remain available until expended.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census


                     periodic censuses and programs

       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 $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

                     United States Marshals Service


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $50,000,000 for the United States Marshals Service to 
     implement and enforce the Adam Walsh Child Protection and 
     Safety Act (Public Law 109-248) to track down and arrest non-
     compliant sex offenders.

                         Federal Prison System


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $178,000,000, to remain available until September 30, 2008.

                       Office of Justice Programs


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

       For an additional amount for the Edward Byrne Memorial 
     Justice Assistance Grant program as authorized by subpart 1 
     of part E of title I of Omnibus Crime Control and Safe Street 
     Act of 1968 (``1968 Act''), (except that section 1001(c), and 
     the special rules for Puerto Rico under section 505(g), of 
     the 1968 Act, shall not apply for purposes of this Act), 
     $490,000,000, to remain available until September 30, 2008.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $100,000,000 for competitive grants 
     to provide assistance and equipment to local law enforcement 
     along the Southern border and in High-Intensity Drug 
     Trafficking Areas to combat criminal narcotic activity 
     stemming from the Southern border, of which $10,000,000 shall 
     be for the ATF Project Gunrunner.

                                SCIENCE

             National Aeronautics and Space Administration


                            RETURN TO FLIGHT

       For necessary expenses, not otherwise provided for, in 
     carrying out return to flight activities associated with the 
     space shuttle and activities from which funds were 
     transferred to accommodate return to flight activities, 
     $200,000,000.

                      National Science Foundation


                    RESEARCH AND RELATED ACTIVITIES

       For additional expenses in carrying out the National 
     Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
     1875), $150,000,000.


                     EDUCATION AND HUMAN RESOURCES

       For additional expenses in carrying out science and 
     engineering education and human resources programs and 
     activities pursuant to the National Science Foundation Act of 
     1950, as amended (42 U.S.C. 1861-1875), $50,000,000.

                               CHAPTER 3

                          DEPARTMENT OF ENERGY

                   Non-Defense Environmental Cleanup

       For an additional amount for ``Non-Defense Environmental 
     Cleanup'', $5,000,000, to remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For an additional amount for ``Uranium Enrichment 
     Decontamination and Decommissioning Fund'', $52,000,000, to 
     remain available until expended.

                                Science

       For an additional amount for ``Science'', $100,000,000, to 
     remain available until expended.

               Environmental and Other Defense Activities


                     DEFENSE ENVIRONMENTAL CLEANUP

       For an additional amount for ``Defense Environmental 
     Cleanup'', $243,000,000, to remain available until expended.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2301. Incentives for Additional Downblending of Highly 
     Enriched Uranium by the Russian Federation. The USEC 
     Privatization Act (42 U.S.C. 2297h et seq.) is amended--
       (1) in section 3102, by striking ``For purposes'' and 
     inserting ``Except as provided in section 3112A, for 
     purposes'';
       (2) in section 3112(a), by striking ``The Secretary'' and 
     inserting ``Except as provided in section 3112A(d), the 
     Secretary''; and
       (3) by inserting after section 3112 the following:

     ``SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF 
                   HIGHLY ENRICHED URANIUM BY THE RUSSIAN 
                   FEDERATION.

       ``(a) Definitions.--In this section:
       ``(1) Completion of the russian heu agreement.--The term 
     `completion of the Russian HEU Agreement' means the 
     importation into the United States from the Russian 
     Federation pursuant to the Russian HEU Agreement of uranium 
     derived from the downblending of not less than 500 metric 
     tons of highly enriched uranium of weapons origin.
       ``(2) Downblending.--The term `downblending' means 
     processing highly enriched uranium into a uranium product in 
     any form in which the uranium contains less than 20 percent 
     uranium-235.
       ``(3) Highly enriched uranium.--The term `highly enriched 
     uranium' has the meaning given that term in section 3102(4).
       ``(4) Highly enriched uranium of weapons origin.--The term 
     `highly enriched uranium of weapons origin' means highly 
     enriched uranium that--
       ``(A) contains 90 percent or more uranium-235; and
       ``(B) is verified by the Secretary of Energy to be of 
     weapons origin.
       ``(5) Low-enriched uranium.--The term `low-enriched 
     uranium' means a uranium product in any form, including 
     uranium hexafluoride (UF6) and uranium oxide 
     (UO2), in which the uranium contains less than 20 
     percent uranium-235, without regard to whether the uranium is 
     incorporated into fuel rods or complete fuel assemblies.
       ``(6) Russian heu agreement.--The term `Russian HEU 
     Agreement' has the meaning given that term in section 
     3102(11).
       ``(7) Uranium-235.--The term `uranium-235' means the 
     isotope \235\U.
       ``(b) Statement of Policy.--It is the policy of the United 
     States to support the continued downblending of highly 
     enriched uranium of weapons origin in the Russian Federation 
     in order to protect the essential security interests of the 
     United States with respect to the nonproliferation of nuclear 
     weapons.
       ``(c) Promotion of Downblending of Russian Highly Enriched 
     Uranium.--
       ``(1) Incentives for the completion of the russian heu 
     agreement.--Prior to the completion of the Russian HEU 
     Agreement, the importation into the United States of low-
     enriched uranium, including low-enriched uranium obtained 
     under contracts for separative work units, that is produced 
     in the Russian Federation and is not imported pursuant to the 
     Russian HEU Agreement may not exceed the following amounts:
       ``(A) In each of the calendar years 2008 and 2009, not more 
     than 22,500 kilograms.
       ``(B) In each of the calendar years 2010 and 2011, not more 
     than 45,000 kilograms.
       ``(C) In calendar year 2012 and each calendar year 
     thereafter through the calendar year of the completion of the 
     Russian HEU Agreement, not more than 67,500 kilograms.
       ``(2) Incentives to continue downblending russian highly 
     enriched uranium after the completion of the russian heu 
     agreement.--
       ``(A) In general.--In each calendar year beginning after 
     the calendar year of the completion of the Russian HEU 
     Agreement and before the termination date described in 
     paragraph (8), the importation into the United States of low-
     enriched uranium, including low-enriched uranium obtained 
     under contracts for separative work units, that is produced 
     in the Russian Federation, whether or not such low-enriched 
     uranium is derived from highly enriched uranium of weapons 
     origin, may not exceed 400,000 kilograms.
       ``(B) Additional imports.--
       ``(i) In general.--In addition to the amount authorized to 
     be imported under subparagraph (A) and except as provided in 
     clause (ii), 20 kilograms of low-enriched uranium, whether or 
     not such low-enriched uranium is derived from highly enriched 
     uranium of weapons origin, may be imported for every 3 
     kilograms of Russian highly enriched uranium of weapons 
     origin that was downblended in the preceding calendar year, 
     subject to the verification of the Secretary of Energy under 
     paragraph (10).
       ``(ii) Maximum annual imports.--Not more than 200,000 
     kilograms of low-enriched uranium may be imported in a 
     calendar year under clause (i).
       ``(3) Exception with respect to initial cores.--The import 
     limitations described in paragraphs (1) and (2) shall not 
     apply to low-enriched uranium produced in the Russian 
     Federation that is imported into the United States for use in 
     the initial core of a new nuclear reactor.
       ``(4) Annual adjustment.--

[[Page S4514]]

       ``(A) In general.--Beginning in the second calendar year 
     after the calendar year of the completion of the Russian HEU 
     Agreement, the Secretary of Energy shall increase or decrease 
     the amount of low-enriched uranium that may be imported in a 
     calendar year under paragraph (2) (including the amount of 
     low-enriched uranium that may be imported for each kilogram 
     of highly enriched uranium downblended under paragraph 
     (2)(B)(i)) by a percentage equal to the percentage increase 
     or decrease, as the case may be, in the average amount of 
     uranium loaded into nuclear power reactors in the United 
     States in the most recent 3-calendar-year period for which 
     data are available, as reported by the Energy Information 
     Administration of the Department of Energy, compared to the 
     average amount of uranium loaded into such reactors during 
     the 3-calendar-year period beginning on January 1, 2011, as 
     reported by the Energy Information Administration.
       ``(B) Publication of adjustments.--As soon as practicable, 
     but not later than July 31 of each calendar year, the 
     Secretary of Energy shall publish in the Federal Register the 
     amount of low-enriched uranium that may be imported in the 
     current calendar year after the adjustment under subparagraph 
     (A).
       ``(5) Authority for additional adjustment.--In addition to 
     the annual adjustment under paragraph (4), the Secretary of 
     Commerce may adjust the import limitations under paragraph 
     (2)(A) for a calendar year if the Secretary--
       ``(A) in consultation with the Secretary of Energy, 
     determines that the available supply of low-enriched uranium 
     from the Russian Federation and the available stockpiles of 
     uranium of the Department of Energy are insufficient to meet 
     demand in the United States in the following calendar year; 
     and
       ``(B) notifies Congress of the adjustment not less than 45 
     days before making the adjustment.
       ``(6) Equivalent quantities of low-enriched uranium 
     imports.--
       ``(A) In general.--The import limitations described in 
     paragraphs (1) and (2) are expressed in terms of uranium 
     containing 4.4 percent uranium-235 and a tails assay of 0.3 
     percent.
       ``(B) Adjustment for other uranium.--Imports of low-
     enriched uranium under paragraphs (1) and (2) shall count 
     against the import limitations described in such paragraphs 
     in amounts calculated as the quantity of low-enriched uranium 
     containing 4.4 percent uranium-235 necessary to equal the 
     total amount of uranium-235 contained in such imports.
       ``(7) Downblending of other highly enriched uranium.--
       ``(A) In general.--The downblending of highly enriched 
     uranium not of weapons origin may be counted for purposes of 
     paragraph (2)(B) or (8)(B), subject to verification under 
     paragraph (10), if the Secretary of Energy determines that 
     the highly enriched uranium to be downblended poses a risk to 
     the national security of the United States.
       ``(B) Equivalent quantities of highly enriched uranium.--
     For purposes of determining the additional low-enriched 
     uranium imports allowed under paragraph (2)(B) and for 
     purposes of paragraph (8)(B), highly enriched uranium not of 
     weapons origin downblended pursuant to subparagraph (A) shall 
     count as downblended highly enriched uranium of weapons 
     origin in amounts calculated as the quantity of highly 
     enriched uranium containing 90 percent uranium-235 necessary 
     to equal the total amount of uranium-235 contained in the 
     highly enriched uranium not of weapons origin downblended 
     pursuant to subparagraph (A).
       ``(8) Termination of import restrictions after downblending 
     of an additional 300 metric tons of highly enriched 
     uranium.--The provisions of this subsection shall terminate 
     on the later of--
       ``(A) December 31, 2020; or
       ``(B) the date on which the Secretary of Energy certifies 
     to Congress that, after the completion of the Russian HEU 
     Agreement, not less than an additional 300 metric tons of 
     Russian highly enriched uranium of weapons origin have been 
     downblended.
       ``(9) Special rule if importation under russian heu 
     agreement terminates early.--Notwithstanding any other 
     provision of law, no low-enriched uranium produced in the 
     Russian Federation that is not derived from highly enriched 
     uranium of weapons origin, including low-enriched uranium 
     obtained under contracts for separative work units, may be 
     imported into the United States if, before the completion of 
     the Russian HEU Agreement, the Secretary of Energy determines 
     that the Russian Federation has taken deliberate action to 
     disrupt or halt the importation into the United States of 
     low-enriched uranium under the Russian HEU Agreement.
       ``(10) Technical verifications by secretary of energy.--
       ``(A) In general.--The Secretary of Energy shall verify the 
     origin, quantity, and uranium-235 content of the highly 
     enriched uranium downblended for purposes of paragraphs 
     (2)(B), (7), and (8)(B).
       ``(B) Methods of verification.--In conducting the 
     verification required under subparagraph (A), the Secretary 
     of Energy shall employ the transparency measures provided for 
     in the Russian HEU Agreement for monitoring the downblending 
     of Russian highly enriched uranium of weapons origin and such 
     other methods as the Secretary determines appropriate.
       ``(11) Enforcement of import limitations.--The Secretary of 
     Commerce shall be responsible for enforcing the import 
     limitations imposed under this subsection and shall enforce 
     such import limitations in a manner that imposes a minimal 
     burden on the commercial nuclear industry.
       ``(12) Effect on other agreements.--
       ``(A) Russian heu agreement.--Nothing in this section shall 
     be construed to modify the terms of the Russian HEU 
     Agreement, including the provisions of the Agreement relating 
     to the amount of low-enriched uranium that may be imported 
     into the United States.
       ``(B) Other agreements.--If a provision of any agreement 
     between the United States and the Russian Federation, other 
     than the Russian HEU Agreement, relating to the importation 
     of low-enriched uranium into the United States conflicts with 
     a provision of this section, the provision of this section 
     shall supersede the provision of the agreement to the extent 
     of the conflict.
       ``(d) Downblending of Highly Enriched Uranium in the United 
     States.--The Secretary of Energy may sell uranium in the 
     jurisdiction of the Secretary, including downblended highly 
     enriched uranium, at fair market value to a licensed operator 
     of a nuclear reactor in the United States--
       ``(1) in the event of a disruption in the nuclear fuel 
     supply in the United States; or
       ``(2) after a determination of the Secretary under 
     subsection (c)(9) that the Russian Federation has taken 
     deliberate action to disrupt or halt the importation into the 
     United States of low-enriched uranium under the Russian HEU 
     Agreement.''.

                               CHAPTER 4

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2401. Veterans Business Resource Centers. There are 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2008, 
     $600,000 for the ``Salaries and Expenses'' account of the 
     Small Business Administration, for grants in the amount of 
     $200,000 to veterans business resource centers that received 
     grants from the National Veterans Business Development 
     Corporation in fiscal years 2006 and 2007.

                               CHAPTER 5

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2501. For fiscal year 2008, there is appropriated 
     $400,000,000, to remain available until December 31, 2008, 
     for payments described in sections 101, 102(b)(3), and 
     103(b)(2) of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (Public Law 106-393).

                               CHAPTER 6

                          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

               Centers for Disease Control and Prevention


                DISEASE CONTROL, RESEARCH, AND TRAINING

       For an additional amount for ``Disease Control, Research, 
     and Training'', $26,000,000, for the prevention of and 
     response to medical errors including research, education and 
     outreach activities; of which no less than $5,000,000 shall 
     be for responding to outbreaks of communicable diseases 
     related to the re-use of syringes in outpatient clinics, 
     including reimbursement of local health departments for 
     testing and genetic sequencing of persons potentially 
     exposed.

                     National Institutes of Health


                         OFFICE OF THE DIRECTOR

                     (including transfer of funds)

       For an additional amount for ``Office of the Director, 
     National Institutes of Health'', $400,000,000.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2601. In addition to amounts otherwise made available 
     for fiscal year 2008, there are appropriated, out of any 
     money in the Treasury not otherwise appropriated, 
     $1,000,000,000 for fiscal year 2008, for making payments 
     under the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8623).
       Sec. 2602. Report on the Impact of Past and Future Minimum 
     Wage Increases. (a) In General.--Section 8104 of the U.S. 
     Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28; 
     121 Stat. 189) is amended to read as follows:

     ``SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM 
                   WAGE INCREASES.

       ``(a) Study.--Beginning on the date that is 60 days after 
     the date of enactment of this Act, and every year thereafter 
     until the minimum wage in the respective territory is $7.25 
     per hour, the Government Accountability Office shall conduct 
     a study to--
       ``(1) assess the impact of the minimum wage increases that 
     occurred in American

[[Page S4515]]

     Samoa and the Commonwealth of the Northern Mariana Islands in 
     2007 and 2008, as required under Public Law 110-28, on the 
     rates of employment and the living standards of workers, with 
     full consideration of the other factors that impact rates of 
     employment and the living standards of workers such as 
     inflation in the cost of food, energy, and other commodities; 
     and
       ``(2) estimate the impact of any further wage increases on 
     rates of employment and the living standards of workers in 
     American Samoa and the Commonwealth of the Northern Mariana 
     Islands, with full consideration of the other factors that 
     may impact the rates of employment and the living standards 
     of workers, including assessing how the profitability of 
     major private sector firms may be impacted by wage increases 
     in comparison to other factors such as energy costs and the 
     value of tax benefits.
       ``(b) Report.--No earlier than March 15, 2009, and not 
     later than April 15, 2009, the Government Accountability 
     Office shall transmit its first report to Congress concerning 
     the findings of the study required under subsection (a). The 
     Government Accountability Office shall transmit any 
     subsequent reports to Congress concerning the findings of a 
     study required by subsection (a) between March 15 and April 
     15 of each year.
       ``(c) Economic Information.--To provide sufficient economic 
     data for the conduct of the study under subsection (a)--
       ``(1) the Department of Labor shall include and separately 
     report on American Samoa and the Commonwealth of the Northern 
     Mariana Islands in its household surveys and establishment 
     surveys;
       ``(2) the Bureau of Economic Analysis of the Department of 
     Commerce shall include and separately report on American 
     Samoa and the Commonwealth of the Northern Mariana Islands in 
     its gross domestic product data; and
       ``(3) the Bureau of the Census of the Department of 
     Commerce shall include and separately report on American 
     Samoa and the Commonwealth of the Northern Mariana Islands in 
     its population estimates and demographic profiles from the 
     American Community Survey,
     with the same regularity and to the same extent as the 
     Department or each Bureau collects and reports such data for 
     the 50 States. In the event that the inclusion of American 
     Samoa and the Commonwealth of the Northern Mariana Islands in 
     such surveys and data compilations requires time to structure 
     and implement, the Department of Labor, the Bureau of 
     Economic Analysis, and the Bureau of the Census (as the case 
     may be) shall in the interim annually report the best 
     available data that can feasibly be secured with respect to 
     such territories. Such interim reports shall describe the 
     steps the Department or the respective Bureau will take to 
     improve future data collection in the territories to achieve 
     comparability with the data collected in the United States. 
     The Department of Labor, the Bureau of Economic Analysis, and 
     the Bureau of the Census, together with the Department of the 
     Interior, shall coordinate their efforts to achieve such 
     improvements.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of enactment of this Act.

                               CHAPTER 7

                             RELATED AGENCY

                  American Battle Monuments Commission


                 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

       For an additional amount for ``Foreign Currency 
     Fluctuations Account'', $10,000,000, to remain available 
     until expended, for purposes authorized by section 2109 of 
     title 36, United States Code.

                               TITLE III

        HURRICANES KATRINA AND RITA, AND OTHER NATURAL DISASTERS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency


                     EMERGENCY CONSERVATION PROGRAM

       For the purposes of carrying out the Emergency Conservation 
     Program, there is hereby appropriated $49,413,000, to remain 
     available until expended.

                 Natural Resources Conservation Service


               WATERSHED AND FLOOD PREVENTION OPERATIONS

       For an additional amount for ``Watershed and Flood 
     Prevention Operations'', for emergency recovery operations, 
     $130,464,000, to remain available until expended.

                    GENERAL PROVISION--THIS CHAPTER


                         (including rescission)

       Sec. 3101. Of the funds made available in the second 
     paragraph under the heading ``Rural Utilities Service, Rural 
     Electrification and Telecommunications Loans Program 
     Account'' in chapter 1 of division B 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; 119 Stat. 2746), the Secretary may 
     use an amount not to exceed $1,000,000 of remaining 
     unobligated funds for the cost of loan modifications to rural 
     electric loans made or guaranteed under the Rural 
     Electrification Act of 1936, to respond to damage caused by 
     any weather related events since Hurricane Katrina, to remain 
     available until expended: Provided, That $1,000,000 of the 
     remaining unobligated funds under such paragraph are 
     rescinded.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration


                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

       For an additional amount for economic development 
     assistance as provided by section 3082(a) of the Water 
     Resources Development Act of 2007 (Public Law 110-114), 
     $75,000,000.

            National Oceanic and Atmospheric Administration


                  OPERATIONS, RESEARCH, AND FACILITIES

       For an additional amount for ``Operations, Research, and 
     Facilities'' for necessary expenses related to economic 
     impacts associated with commercial fishery failures, fishery 
     resource disasters, and regulations on commercial fishing 
     industries, $75,000,000.

                         DEPARTMENT OF JUSTICE

                       Office of Justice Programs


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', for discretionary grants authorized 
     by subpart 2 of part E, of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 as in effect on 
     September 30, 2006, $75,000,000: Provided, That the amount 
     made available under this heading shall be for local law 
     enforcement initiatives in the Gulf Coast region related to 
     the aftermath of Hurricane Katrina.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                              CONSTRUCTION

       For an additional amount for ``Construction'' for necessary 
     expenses related to the consequences of Hurricane Katrina and 
     other hurricanes of the 2005 season, and for recovery from 
     other natural disasters $5,033,345,000, to remain available 
     until expended: Provided, That the Secretary of the Army is 
     directed to use $4,362,000,000 of the funds appropriated 
     under this heading to modify authorized projects in southeast 
     Louisiana to provide hurricane and storm damage reduction and 
     flood damage reduction in the greater New Orleans and 
     surrounding areas to provide 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 this 
     construction; $1,657,000,000 shall be used for the Lake 
     Pontchartrain and Vicinity; $1,415,000,000 shall be used for 
     the West Bank and Vicinity project; and $1,290,000,000 shall 
     be for elements of the Southeast Louisiana Urban Drainage 
     project, that are 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 10 percent annual exceedance probability: 
     Provided further, That none of this $4,362,000,000 shall 
     become available for obligation until October 1, 2008: 
     Provided further, That non-Federal cost allocations for these 
     projects shall be consistent with the cost-sharing provisions 
     under which the projects were originally constructed: 
     Provided further, That the $1,315,000,000 non-Federal cost 
     share for these projects shall be repaid in accordance with 
     provisions of section 103(k) of Public Law 99-662 over a 
     period of 30 years: 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 are necessary to accomplish the established 
     goals are authorized, subject to the approval of the House 
     and Senate Committees on Appropriations: Provided further, 
     That the Secretary of the Army is directed to use 
     $604,745,000 of the funds appropriated under this heading to 
     provide hurricane and storm damage reduction, flood damage 
     reduction and ecosystem restoration along the Gulf Coast of 
     Mississippi and surrounding areas generally as described in 
     the Mobile District Engineer's Mississippi Coastal 
     Improvements Program Comprehensive Plan Report; $173,615,000 
     shall be used for ecosystem restoration projects; $4,550,000 
     shall be used for the Moss Point Municipal Relocation 
     project; $5,000,000 shall be used for the Waveland 
     Floodproofing project; $150,000 shall be used for the 
     Mississippi Sound Sub Aquatic Vegetation project; $15,430,000 
     shall be used for the Coast-wide Dune Restoration project; 
     $397,000,000 shall be used for the Homeowners Assistance and 
     Relocation project; and $9,000,000 shall be used for the 
     Forrest Heights Hurricane and Storm Damage Reduction project: 
     Provided further, That none of this $604,745,000 shall become 
     available for obligation until October 1, 2008: Provided 
     further, That these projects shall be initiated only after 
     non-Federal interests have entered into binding agreements 
     with the Secretary requiring the non-Federal interests to pay 
     100 percent of the operation, maintenance, repair, 
     replacement, and rehabilitation costs of the project and to 
     hold and save the United States free from damages due to the 
     construction or 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 
     $211,661,000 non-Federal cost share for these projects shall 
     be repaid in accordance with the provisions of section 103(k) 
     of Public Law 99-662 over a period of 30 years: 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

[[Page S4516]]

     that are necessary to accomplish the established goals are 
     authorized, subject to the approval of the House and Senate 
     Committees on Appropriations: Provided further, That the 
     Secretary of the Army is directed to use $66,600,000 of the 
     funds appropriated under this heading to address emergency 
     situations at Corps of Engineers projects and rehabilitate 
     and repair damages to Corps projects caused by recent natural 
     disasters: Provided further, 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.


                   MISSISSIPPI RIVER AND TRIBUTARIES

       For an additional amount for ``Mississippi River and 
     Tributaries'' for recovery from natural disasters, 
     $17,700,000, to remain available until expended to repair 
     damages to Federal projects caused by recent natural 
     disasters.


                       OPERATIONS AND MAINTENANCE

       For an additional amount for ``Operations and Maintenance'' 
     to dredge navigation channels and repair other Corps projects 
     related to natural disasters, $338,800,000, 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 
     relating to the consequences of Hurricane Katrina and other 
     hurricanes, and for recovery from other natural disasters, 
     $3,368,400,000, to remain available until expended: Provided, 
     That the Secretary of the Army is directed to use 
     $2,926,000,000 of the funds appropriated under this heading 
     to modify, at full Federal expense, authorized projects in 
     southeast Louisiana to provide hurricane and storm damage 
     reduction and flood damage reduction in the greater New 
     Orleans and surrounding areas; $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; $359,000,000 shall be 
     to complete the authorized protection for the Lake 
     Ponchartrain and Vicinity Project and for the West Bank and 
     Vicinity Project: Provided further, That none of this 
     $2,926,000,000 shall become available for obligation until 
     October 1, 2008: 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 Secretary requiring the non-Federal 
     interests to pay 100 percent of the operation, maintenance, 
     repair, replacement, and rehabilitation costs of the project 
     and to hold and save the United States free from damages due 
     to the construction or 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 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 the expenditure of funds 
     as provided above may be made without regard to individual 
     amounts or purposes except that any reallocation of funds 
     that are necessary to accomplish the established goals are 
     authorized, subject to the approval of the House and Senate 
     Committees on Appropriations: Provided further, That 
     $348,000,000 of the amount provided under this heading shall 
     be used for barrier island restoration and ecosystem 
     restoration to restore historic levels of storm damage 
     reduction to the Mississippi Gulf Coast: Provided further, 
     That none of this $348,000,000 shall become available for 
     obligation until October 1, 2008: Provided further, That this 
     work shall be carried out at full Federal expense: Provided 
     further, That the Secretary of the Army is directed to use 
     $94,400,000 of the funds appropriated under this heading to 
     support emergency operations, to repair eligible projects 
     nationwide, and for other activities in response to recent 
     natural disasters: Provided further, 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.


                            GENERAL EXPENSES

       For an additional amount for ``General 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

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 3401. Notwithstanding any other provision of law, and 
     not later than 30 days after the date of submission of a 
     request for a single payment, the Federal Emergency 
     Management Agency shall provide a single payment for any 
     eligible costs under section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act for any police 
     station, fire station, or criminal justice facility that was 
     damaged by Hurricane Katrina of 2005 or Hurricane Rita of 
     2005: Provided, That nothing in this section may be construed 
     to alter the appeal or review process relating to assistance 
     provided under section 406 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act: Provided further, That 
     the Federal Emergency Management Agency shall not reduce the 
     amount of assistance provided under section 406(c)(1) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act for such facilities.
       Sec. 3402. Until such time as the updating of flood 
     insurance rate maps under section 19 of the Flood 
     Modernization Act of 2007 is completed (as determined by the 
     district engineer) for all areas located in the St. Louis 
     District of the Mississippi Valley Division of the Corps of 
     Engineers, the Administrator of the Federal Emergency 
     Management Agency shall not adjust the chargeable premium 
     rate for flood insurance under this section for any type or 
     class of property located in an area in that District nor 
     require the purchase of flood insurance for any type or class 
     of property located in an area in that District not subject 
     to such purchase requirement prior to the updating of such 
     national flood insurance program rate map: Provided, That for 
     purposes of this section, the term ``area'' does not include 
     any area (or subdivision thereof) that has chosen not to 
     participate in the flood insurance program under this section 
     as of the date of enactment of this Act.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        Wildland Fire Management

                     (including transfer of funds)

       For an additional amount for ``Wildland Fire Management'', 
     $125,000,000, to remain available until expended, of which 
     $100,000,000 is for emergency wildland fire suppression 
     activities, and of which $25,000,000 is for rehabilitation 
     and restoration of Federal lands: Provided, That emergency 
     wildland fire suppression funds are also available for 
     repayment to other appropriations accounts from which funds 
     were transferred for wildfire suppression.

                         National Park Service


                       Historic Preservation Fund

       For an additional amount for the ``Historic Preservation 
     Fund'', for expenses related to the consequences of Hurricane 
     Katrina, $15,000,000, to remain available until expended: 
     Provided, That the funds provided under this heading shall be 
     provided to the Louisiana State Historic Preservation 
     Officer, after consultation with the National Park Service, 
     for grants for restoration and rehabilitation at Jackson 
     Barracks: Provided further, That no more than 5 percent of 
     funds provided under this heading for disaster relief grants 
     may be used for administrative expenses.

                    ENVIRONMENTAL PROTECTION AGENCY

                   State and Tribal Assistance Grants

       For an additional amount for ``State and Tribal Assistance 
     Grants'', for expenses related to the consequences of 
     Hurricane Katrina, $5,000,000, to remain available until 
     expended, for a grant to Cameron Parish, Louisiana, for 
     construction of drinking water, wastewater and storm water 
     infrastructure and for water quality protection: Provided, 
     That for purposes of this grant, the grantee shall contribute 
     not less than 45 percent of the cost of the project unless 
     the grantee is approved for a waiver by the Agency.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                        Wildland Fire Management

                     (including transfers of funds)

       For an additional amount for ``Wildland Fire Management'', 
     $325,000,000, to remain available until expended, of which 
     $250,000,000 shall be available for emergency wildfire 
     suppression, and of which $75,000,000 shall be available for 
     rehabilitation and restoration of Federal lands and may be 
     transferred to other Forest Service accounts as necessary: 
     Provided, That emergency wildfire suppression funds are also 
     available for repayment to other appropriations accounts

[[Page S4517]]

     from which funds were transferred for wildfire suppression.

                               CHAPTER 6

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Medicare and Medicaid Services

       For grants to States, consistent with section 6201(a)(4) of 
     the Deficit Reduction Act of 2005, to make payments as 
     defined by the Secretary in the methodology used for the 
     Provider Stabilization grants to those Medicare participating 
     general acute care hospitals, as defined in section 1886(d) 
     of the Social Security Act, and currently operating in 
     Jackson, Forrest, Hancock, and Harrison Counties of 
     Mississippi and Orleans and Jefferson Parishes of Louisiana 
     which continue to experience severe financial exigencies and 
     other economic losses attributable to Hurricane Katrina or 
     its subsequent flooding, and are in need of supplemental 
     funding to relieve the financial pressures these hospitals 
     face resulting from increased wage rates in hiring and 
     retaining staff in order to stabilize access to patient care, 
     $350,000,000, to be made available until September 30, 2010.

                               CHAPTER 7

                         MILITARY CONSTRUCTION

               Military Construction, Army National Guard


                    (INCLUDING RESCISSION OF FUNDS)

       For an additional amount for ``Military Construction, Army 
     National Guard'', $11,503,000, to remain available until 
     September 30, 2012: Provided, That such funds may be 
     obligated or expended for planning and design and military 
     construction projects not otherwise authorized by law: 
     Provided further, That of the funds appropriated for 
     ``Military Construction, Army National Guard'' under Public 
     Law 109-234, $7,000,000 are hereby rescinded.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 3701. Within the funds available in the Department of 
     Defense Family Housing Improvement Fund as credited in 
     accordance with 10 U.S.C. 2883(c), $10,500,000 shall be 
     available for use at the Naval Construction Battalion Center, 
     Gulfport, Mississippi, under the terms and conditions 
     specified by 10 U.S.C. 2883, to remain available until 
     expended.

                               CHAPTER 8

                      DEPARTMENT OF TRANSPORTATION

                          Federal-aid Highways


                        EMERGENCY RELIEF PROGRAM

       For an additional amount for the Emergency Relief Program 
     as authorized under section 125 of title 23, United States 
     Code, for eligible disasters occurring in fiscal years 2005 
     to the present, $451,126,383, to remain available until 
     expended.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Permanent Supportive Housing

       For the provision of permanent supportive housing units as 
     identified in the plan of the Louisiana Recovery Authority 
     and approved by the Secretary of Housing and Urban 
     Development, $73,000,000 to remain available until expended, 
     of which not less than $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)), not less than 
     $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.), and not more than $3,000,000 shall be for related 
     administrative expenses of the State of Louisiana or its 
     designee or designees: 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: 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.

                    Project-based Rental Assistance

       For an additional amount to areas impacted by Hurricane 
     Katrina in the State of Mississippi for project-based 
     vouchers under section 8(o)(13) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437f(o)13)), $20,000,000, to remain 
     available until expended.

                     Housing Transition Assistance

       For an additional amount to the State of Louisiana for case 
     management and housing transition services for families in 
     areas impacted by Hurricanes Katrina and Rita of 2005, 
     $3,000,000, to remain available until expended.

                       Community Development Fund

       For an additional amount for the ``Community development 
     fund'' for necessary expenses related to any uncompensated 
     housing damage directly related to the consequences of 
     Hurricane Katrina in the State of Alabama, $50,000,000, to 
     remain available until expended: Provided, That prior to the 
     obligation of funds the 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 uncompensated housing damage: 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: Provided further, That the State may use 
     up to 5 percent of its allocation for administrative costs: 
     Provided further, That in administering the funds under this 
     paragraph, the Secretary of Housing and Urban Development may 
     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: 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.


                              (RESCISSION)

       Of the unobligated balances remaining from funds 
     appropriated under this heading by section 159 of Public Law 
     110-116 for the Louisiana Road Home program, $200,000,000 are 
     rescinded.

               TITLE IV--VETERANS EDUCATIONAL ASSISTANCE

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Post-9/11 Veterans 
     Educational Assistance Act of 2008''.

     SEC. 4002. FINDINGS.

       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.

     SEC. 4003. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED 
                   FORCES WHO SERVE AFTER SEPTEMBER 11, 2001.

       (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.

              ``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.

[[Page S4518]]

                      ``SUBCHAPTER I--DEFINITIONS

     ``Sec. 3301. Definitions

       ``In this chapter:
       ``(1) The term `active duty' has the meanings as follows 
     (subject to the limitations specified in sections 3002(6) and 
     3311(b) of this title):
       ``(A) In the case of members of the regular components of 
     the Armed Forces, the meaning given such term in section 
     101(21)(A) of this title.
       ``(B) In the case of members of the reserve components of 
     the Armed Forces, service on active duty under a call or 
     order to active duty under section 688, 12301(a), 12301(d), 
     12301(g), 12302, or 12304 of title 10.
       ``(2) The term `entry level and skill training' means the 
     following:
       ``(A) In the case of members of the Army, Basic Combat 
     Training and Advanced Individual Training.
       ``(B) In the case of members of the Navy, Recruit Training 
     (or Boot Camp) and Skill Training (or so-called `A' School).
       ``(C) In the case of members of the Air Force, Basic 
     Military Training and Technical Training.
       ``(D) In the case of members of the Marine Corps, Recruit 
     Training and Marine Corps Training (or School of Infantry 
     Training).
       ``(E) In the case of members of the Coast Guard, Basic 
     Training.
       ``(3) The term `program of education' has the meaning the 
     meaning given such term in section 3002 of this title, except 
     to the extent otherwise provided in section 3313 of this 
     title.
       ``(4) The term `Secretary of Defense' has the meaning given 
     such term in section 3002 of this title.

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

     ``Sec. 3311. Educational assistance for service in the Armed 
       Forces commencing on or after September 11, 2001: 
       entitlement

       ``(a) Entitlement.--Subject to subsections (d) and (e), 
     each individual described in subsection (b) is entitled to 
     educational assistance under this chapter.
       ``(b) Covered Individuals.--An individual described in this 
     subsection is any individual as follows:
       ``(1) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 36 months on active duty in the Armed 
     Forces (including service on active duty in entry level and 
     skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty; or
       ``(ii) is discharged or released from active duty as 
     described in subsection (c).
       ``(2) An individual who--
       ``(A) commencing on or after September 11, 2001, serves at 
     least 30 continuous days on active duty in the Armed Forces; 
     and
       ``(B) after completion of service described in subparagraph 
     (A), is discharged or released from active duty in the Armed 
     Forces for a service-connected disability.
       ``(3) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 30 months, but less than 36 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 36 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 36 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(4) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 24 months, but less than 30 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 30 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 30 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(5) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 18 months, but less than 24 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 24 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 24 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(6) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 12 months, but less than 18 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 18 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 18 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(7) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 6 months, but less than 12 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 12 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 12 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(8) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 90 days, but less than 6 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 6 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 6 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(c) Covered Discharges and Releases.--A discharge or 
     release from active duty of an individual described in this 
     subsection is a discharge or release as follows:
       ``(1) A discharge from active duty in the Armed Forces with 
     an honorable discharge.
       ``(2) A release after service on active duty in the Armed 
     Forces characterized by the Secretary concerned as honorable 
     service and placement on the retired list, transfer to the 
     Fleet Reserve or Fleet Marine Corps Reserve, or placement on 
     the temporary disability retired list.
       ``(3) A release from active duty in the Armed Forces for 
     further service in a reserve component of the Armed Forces 
     after service on active duty characterized by the Secretary 
     concerned as honorable service.
       ``(4) A discharge or release from active duty in the Armed 
     Forces for--
       ``(A) a medical condition which preexisted the service of 
     the individual as described in the applicable paragraph of 
     subsection (b) and which the Secretary determines is not 
     service-connected;
       ``(B) hardship; or
       ``(C) a physical or mental condition that was not 
     characterized as a disability and did not result from the 
     individual's own willful misconduct but did interfere with 
     the individual's performance of duty, as determined by the 
     Secretary concerned in accordance with regulations prescribed 
     by the Secretary of Defense.
       ``(d) Prohibition on Treatment of Certain Service as Period 
     of Active Duty.--The following periods of service shall not 
     be considered a part of the period of active duty on which an 
     individual's entitlement to educational assistance under this 
     chapter is based:
       ``(1) A period of service on active duty of an officer 
     pursuant to an agreement under section 2107(b) of title 10.
       ``(2) A period of service on active duty of an officer 
     pursuant to an agreement under section 4348, 6959, or 9348 of 
     title 10.
       ``(3) A period of service that is terminated because of a 
     defective enlistment and induction based on--
       ``(A) the individual's being a minor for purposes of 
     service in the Armed Forces;
       ``(B) an erroneous enlistment or induction; or
       ``(C) a defective enlistment agreement.
       ``(e) Treatment of Individuals Entitled Under Multiple 
     Provisions.--In the event an individual entitled to 
     educational assistance under this chapter is entitled by 
     reason of both paragraphs (4) and (5) of subsection (b), the 
     individual shall be treated as being entitled to educational 
     assistance under this chapter by reason of paragraph (5) of 
     such subsection.

     ``Sec. 3312. Educational assistance: duration

       ``(a) In General.--Subject to section 3695 of this title 
     and except as provided in subsections (b) and (c), an 
     individual entitled to educational assistance under this 
     chapter is entitled to a number of months of educational 
     assistance under section 3313 of this title equal to 36 
     months.
       ``(b) Continuing Receipt.--The receipt of educational 
     assistance under section 3313 of this title by an individual 
     entitled to educational assistance under this chapter is 
     subject to the provisions of section 3321(b)(2) of this 
     title.
       ``(c) Discontinuation of Education for Active Duty.--(1) 
     Any payment of educational assistance described in paragraph 
     (2) shall not--
       ``(A) be charged against any entitlement to educational 
     assistance of the individual concerned under this chapter; or
       ``(B) be counted against the aggregate period for which 
     section 3695 of this title limits the individual's receipt of 
     educational assistance under this chapter.
       ``(2) Subject to paragraph (3), the payment of educational 
     assistance described in this paragraph is the payment of such 
     assistance to an individual for pursuit of a course or 
     courses under this chapter if the Secretary finds that the 
     individual--
       ``(A)(i) in the case of an individual not serving on active 
     duty, had to discontinue such course pursuit as a result of 
     being called or ordered to serve on active duty under section 
     688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 
     10; or

[[Page S4519]]

       ``(ii) in the case of an individual serving on active duty, 
     had to discontinue such course pursuit as a result of being 
     ordered to a new duty location or assignment or to perform an 
     increased amount of work; and
       ``(B) failed to receive credit or lost training time toward 
     completion of the individual's approved education, 
     professional, or vocational objective as a result of having 
     to discontinue, as described in subparagraph (A), the 
     individual's course pursuit.
       ``(3) The period for which, by reason of this subsection, 
     educational assistance is not charged against entitlement or 
     counted toward the applicable aggregate period under section 
     3695 of this title shall not exceed the portion of the period 
     of enrollment in the course or courses from which the 
     individual failed to receive credit or with respect to which 
     the individual lost training time, as determined under 
     paragraph (2)(B).

     ``Sec. 3313. Educational assistance: amount; payment

       ``(a) Payment.--The Secretary shall pay to each individual 
     entitled to educational assistance under this chapter who is 
     pursuing an approved program of education (other than a 
     program covered by subsections (e) and (f)) the amounts 
     specified in subsection (c) to meet the expenses of such 
     individual's subsistence, tuition, fees, and other 
     educational costs for pursuit of such program of education.
       ``(b) Approved Programs of Education.--A program of 
     education is an approved program of education for purposes of 
     this chapter if the program of education is offered by an 
     institution of higher learning (as that term is defined in 
     section 3452(f) of this title) and is approved for purposes 
     of chapter 30 of this title (including approval by the State 
     approving agency concerned).
       ``(c) Amount of Educational Assistance.--The amounts 
     payable under this subsection for pursuit of an approved 
     program of education are amounts as follows:
       ``(1) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(1) 
     or 3311(b)(2) of this title, amounts as follows:
       ``(A) An amount equal to the established charges for the 
     program of education, except that the amount payable under 
     this subparagraph may not exceed the maximum amount of 
     established charges regularly charged in-State students for 
     full-time pursuit of approved programs of education for 
     undergraduates by the public institution of higher education 
     offering approved programs of education for undergraduates in 
     the State in which the individual is enrolled that has the 
     highest rate of regularly-charged established charges for 
     such programs of education among all public institutions of 
     higher education in such State offering such programs of 
     education.
       ``(B) A monthly stipend in an amount as follows:
       ``(i) For each month the individual pursues the program of 
     education, other than a program of education offered through 
     distance learning, a monthly housing stipend amount equal to 
     the monthly amount of the basic allowance for housing payable 
     under section 403 of title 37 for a member with dependents in 
     pay grade E-5 residing in the military housing area that 
     encompasses all or the majority portion of the ZIP code area 
     in which is located the institution of higher education at 
     which the individual is enrolled.
       ``(ii) For the first month of each quarter, semester, or 
     term, as applicable, of the program of education pursued by 
     the individual, a lump sum amount for books, supplies, 
     equipment, and other educational costs with respect to such 
     quarter, semester, or term in the amount equal to--

       ``(I) $1,000, multiplied by
       ``(II) the fraction which is the portion of a complete 
     academic year under the program of education that such 
     quarter, semester, or term constitutes.

       ``(2) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(3) 
     of this title, amounts equal to 90 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(3) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(4) 
     of this title, amounts equal to 80 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(4) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(5) 
     of this title, amounts equal to 70 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(5) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(6) 
     of this title, amounts equal to 60 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(6) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(7) 
     of this title, amounts equal to 50 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(7) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(8) 
     of this title, amounts equal to 40 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(d) Frequency of Payment.--(1) Payment of the amounts 
     payable under subsection (c)(1)(A), and of similar amounts 
     payable under paragraphs (2) through (7) of subsection (c), 
     for pursuit of a program of education shall be made for the 
     entire quarter, semester, or term, as applicable, of the 
     program of education.
       ``(2) Payment of the amount payable under subsection 
     (c)(1)(B), and of similar amounts payable under paragraphs 
     (2) through (7) of subsection (c), for pursuit of a program 
     of education shall be made on a monthly basis.
       ``(3) The Secretary shall prescribe in regulations methods 
     for determining the number of months (including fractions 
     thereof) of entitlement of an individual to educational 
     assistance this chapter that are chargeable under this 
     chapter for an advance payment of amounts under paragraphs 
     (1) and (2) for pursuit of a program of education on a 
     quarter, semester, term, or other basis.
       ``(e) Programs of Education Pursued on Active Duty.--(1) 
     Educational assistance is payable under this chapter for 
     pursuit of an approved program of education while on active 
     duty.
       ``(2) The amount of educational assistance payable under 
     this chapter to an individual pursuing a program of education 
     while on active duty is the lesser of--
       ``(A) the established charges which similarly circumstanced 
     nonveterans enrolled in the program of education involved 
     would be required to pay; or
       ``(B) the amount of the charges of the educational 
     institution as elected by the individual in the manner 
     specified in section 3014(b)(1) of this title.
       ``(3) Payment of the amount payable under paragraph (2) for 
     pursuit of a program of education shall be made for the 
     entire quarter, semester, or term, as applicable, of the 
     program of education.
       ``(4) For each month (as determined pursuant to the methods 
     prescribed under subsection (d)(3)) for which amounts are 
     paid an individual under this subsection, the entitlement of 
     the individual to educational assistance under this chapter 
     shall be charged at the rate of one month for each such 
     month.
       ``(f) Programs of Education Pursued on Half-Time Basis or 
     Less.--(1) Educational assistance is payable under this 
     chapter for pursuit of an approved program of education on 
     half-time basis or less.
       ``(2) The educational assistance payable under this chapter 
     to an individual pursuing a program of education on half-time 
     basis or less is the amounts as follows:
       ``(A) The amount equal to the lesser of--
       ``(i) the established charges which similarly circumstanced 
     nonveterans enrolled in the program of education involved 
     would be required to pay; or
       ``(ii) the maximum amount that would be payable to the 
     individual for the program of education under paragraph 
     (1)(A) of subsection (c), or under the provisions of 
     paragraphs (2) through (7) of subsection (c) applicable to 
     the individual, for the program of education if the 
     individual were entitled to amounts for the program of 
     education under subsection (c) rather than this subsection.
       ``(B) A stipend in an amount equal to the amount of the 
     appropriately reduced amount of the lump sum amount for 
     books, supplies, equipment, and other educational costs 
     otherwise payable to the individual under subsection (c).
       ``(3) Payment of the amounts payable to an individual under 
     paragraph (2) for pursuit of a program of education on half-
     time basis or less shall be made for the entire quarter, 
     semester, or term, as applicable, of the program of 
     education.
       ``(4) For each month (as determined pursuant to the methods 
     prescribed under subsection (d)(3)) for which amounts are 
     paid an individual under this subsection, the entitlement of 
     the individual to educational assistance under this chapter 
     shall be charged at a percentage of a month equal to--
       ``(A) the number of course hours borne by the individual in 
     pursuit of the program of education involved, divided by
       ``(B) the number of course hours for full-time pursuit of 
     such program of education.
       ``(g) Payment of Established Charges to Educational 
     Institutions.--Amounts payable under subsections (c)(1)(A) 
     (and of similar amounts payable under paragraphs (2) through 
     (7) of subsection (c)), (e)(2) and (f)(2)(A) shall be paid 
     directly to the educational institution concerned.
       ``(h) Established Charges Defined.--(1) In this section, 
     the term `established charges', in the case of a program of 
     education, means the actual charges (as determined pursuant 
     to regulations prescribed by the Secretary) for tuition and 
     fees which similarly circumstanced nonveterans enrolled in 
     the program of education would be required to pay.
       ``(2) Established charges shall be determined for purposes 
     of this subsection on the following basis:

[[Page S4520]]

       ``(A) In the case of an individual enrolled in a program of 
     education offered on a term, quarter, or semester basis, the 
     tuition and fees charged the individual for the term, 
     quarter, or semester.
       ``(B) In the case of an individual enrolled in a program of 
     education not offered on a term, quarter, or semester basis, 
     the tuition and fees charged the individual for the entire 
     program of education.

     ``Sec. 3314. Tutorial assistance

       ``(a) In General.--Subject to subsection (b), an individual 
     entitled to educational assistance under this chapter shall 
     also be entitled to benefits provided an eligible veteran 
     under section 3492 of this title.
       ``(b) Conditions.--(1) The provision of benefits under 
     subsection (a) shall be subject to the conditions applicable 
     to an eligible veteran under section 3492 of this title.
       ``(2) In addition to the conditions specified in paragraph 
     (1), benefits may not be provided to an individual under 
     subsection (a) unless the professor or other individual 
     teaching, leading, or giving the course for which such 
     benefits are provided certifies that--
       ``(A) such benefits are essential to correct a deficiency 
     of the individual in such course; and
       ``(B) such course is required as a part of, or is 
     prerequisite or indispensable to the satisfactory pursuit of, 
     an approved program of education.
       ``(c) Amount.--(1) The amount of benefits described in 
     subsection (a) that are payable under this section may not 
     exceed $100 per month, for a maximum of 12 months, or until a 
     maximum of $1,200 is utilized.
       ``(2) The amount provided an individual under this 
     subsection is in addition to the amounts of educational 
     assistance paid the individual under section 3313 of this 
     title.
       ``(d) No Charge Against Entitlement.--Any benefits provided 
     an individual under subsection (a) are in addition to any 
     other educational assistance benefits provided the individual 
     under this chapter.

     ``Sec. 3315. Licensure and certification tests

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter shall also be entitled to 
     payment for one licensing or certification test described in 
     section 3452(b) of this title.
       ``(b) Limitation on Amount.--The amount payable under 
     subsection (a) for a licensing or certification test may not 
     exceed the lesser of--
       ``(1) $2,000; or
       ``(2) the fee charged for the test.
       ``(c) No Charge Against Entitlement.--Any amount paid an 
     individual under subsection (a) is in addition to any other 
     educational assistance benefits provided the individual under 
     this chapter.

     ``Sec. 3316. Supplemental educational assistance: members 
       with critical skills or specialty; members serving 
       additional service

       ``(a) Increased Assistance for Members With Critical Skills 
     or Specialty.--(1) In the case of an individual who has a 
     skill or specialty designated by the Secretary concerned as a 
     skill or specialty in which there is a critical shortage of 
     personnel or for which it is difficult to recruit or, in the 
     case of critical units, retain personnel, the Secretary 
     concerned may increase the monthly amount of educational 
     assistance otherwise payable to the individual under 
     paragraph (1)(B) of section 3313(c) of this title, or under 
     paragraphs (2) through (7) of such section (as applicable).
       ``(2) The amount of the increase in educational assistance 
     authorized by paragraph (1) may not exceed the amount equal 
     to the monthly amount of increased basic educational 
     assistance providable under section 3015(d)(1) of this title 
     at the time of the increase under paragraph (1).
       ``(b) Supplemental Assistance for Additional Service.--(1) 
     The Secretary concerned may provide for the payment to an 
     individual entitled to educational assistance under this 
     chapter of supplemental educational assistance for additional 
     service authorized by subchapter III of chapter 30 of this 
     title. The amount so payable shall be payable as an increase 
     in the monthly amount of educational assistance otherwise 
     payable to the individual under paragraph (1)(B) of section 
     3313(c) of this title, or under paragraphs (2) through (7) of 
     such section (as applicable).
       ``(2) Eligibility for supplement educational assistance 
     under this subsection shall be determined in accordance with 
     the provisions of subchapter III of chapter 30 of this title, 
     except that any reference in such provisions to eligibility 
     for basic educational assistance under a provision of 
     subchapter II of chapter 30 of this title shall be treated as 
     a reference to eligibility for educational assistance under 
     the appropriate provision of this chapter.
       ``(3) The amount of supplemental educational assistance 
     payable under this subsection shall be the amount equal to 
     the monthly amount of supplemental educational payable under 
     section 3022 of this title.
       ``(c) Regulations.--The Secretaries concerned shall 
     administer this section in accordance with such regulations 
     as the Secretary of Defense shall prescribe.

     ``Sec. 3317. Public-private contributions for additional 
       educational assistance

       ``(a) Establishment of Program.--In instances where the 
     educational assistance provided pursuant to section 
     3313(c)(1)(A) does not cover the full cost of established 
     charges (as specified in section 3313 of this title), the 
     Secretary shall carry out a program under which colleges and 
     universities can, voluntarily, enter into an agreement with 
     the Secretary to cover a portion of those established charges 
     not otherwise covered under section 3313(c)(1)(A), which 
     contributions shall be matched by equivalent contributions 
     toward such costs by the Secretary. The program shall only 
     apply to covered individuals described in paragraphs (1) and 
     (2) of section 3311(b).
       ``(b) Designation of Program.--The program under this 
     section shall be known as the `Yellow Ribbon G.I. Education 
     Enhancement Program'.
       ``(c) Agreements.--The Secretary shall enter into an 
     agreement with each college or university seeking to 
     participate in the program under this section. Each agreement 
     shall specify the following:
       ``(1) The manner (whether by direct grant, scholarship, or 
     otherwise) of the contributions to be made by the college or 
     university concerned.
       ``(2) The maximum amount of the contribution to be made by 
     the college or university concerned with respect to any 
     particular individual in any given academic year.
       ``(3) The maximum number of individuals for whom the 
     college or university concerned will make contributions in 
     any given academic year.
       ``(4) Such other matters as the Secretary and the college 
     or university concerned jointly consider appropriate.
       ``(d) Matching Contributions.--(1) In instances where the 
     educational assistance provided an individual under section 
     3313(c)(1)(A) of this title does not cover the full cost of 
     tuition and mandatory fees at a college or university, the 
     Secretary shall provide up to 50 percent of the remaining 
     costs for tuition and mandatory fees if the college or 
     university voluntarily enters into an agreement with the 
     Secretary to match an equal percentage of any of the 
     remaining costs for such tuition and fees.
       ``(2) Amounts available to the Secretary under section 
     3324(b) of this title for payment of the costs of this 
     chapter shall be available to the Secretary for purposes of 
     paragraph (1).
       ``(e) Outreach.--The Secretary shall make available on the 
     Internet website of the Department available to the public a 
     current list of the colleges and universities participating 
     in the program under this section. The list shall specify, 
     for each college or university so listed, appropriate 
     information on the agreement between the Secretary and such 
     college or university under subsection (c).

     ``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 highly rural area (as determined by 
     the Bureau of the 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.''.

              ``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

     ``Sec. 3321. Time limitation for use of and eligibility for 
       entitlement

       ``(a) In General.--Except as provided in this section, the 
     period during which an individual entitled to educational 
     assistance under this chapter may use such individual's 
     entitlement expires at the end of the 15-year period 
     beginning on the date of such individual's last discharge or 
     release from active duty.
       ``(b) Exceptions.--(1) Subsections (b), (c), and (d) of 
     section 3031 of this title shall apply with respect to the 
     running of the 15-year period described in subsection (a) of 
     this section in the same manner as such subsections apply 
     under section 3031 of this title with respect to the running 
     of the 10-year period described in section 3031(a) of this 
     title.

[[Page S4521]]

       ``(2) Section 3031(f) of this title shall apply with 
     respect to the termination of an individual's entitlement to 
     educational assistance under this chapter in the same manner 
     as such section applies to the termination of an individual's 
     entitlement to educational assistance under chapter 30 of 
     this title, except that, in the administration of such 
     section for purposes of this chapter, the reference to 
     section 3013 of this title shall be deemed to be a reference 
     to 3312 of this title.
       ``(3) For purposes of subsection (a), an individual's last 
     discharge or release from active duty shall not include any 
     discharge or release from a period of active duty of less 
     than 90 days of continuous service, unless the individual is 
     discharged or released as described in section 3311(b)(2) of 
     this title.

     ``Sec. 3322. Bar to duplication of educational assistance 
       benefits

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter who is also eligible for 
     educational assistance under chapter 30, 31, 32, or 35 of 
     this title, chapter 107, 1606, or 1607 of title 10, or the 
     provisions of the Hostage Relief Act of 1980 (Public Law 96-
     449; 5 U.S.C. 5561 note) may not receive assistance under two 
     or more such programs concurrently, but shall elect (in such 
     form and manner as the Secretary may prescribe) under which 
     chapter or provisions to receive educational assistance.
       ``(b) Inapplicability of Service Treated Under Educational 
     Loan Repayment Programs.--A period of service counted for 
     purposes of repayment of an education loan under chapter 109 
     of title 10 may not be counted as a period of service for 
     entitlement to educational assistance under this chapter.
       ``(c) Service in Selected Reserve.--An individual who 
     serves in the Selected Reserve may receive credit for such 
     service under only one of this chapter, chapter 30 of this 
     title, and chapters 1606 and 1607 of title 10, and shall 
     elect (in such form and manner as the Secretary may 
     prescribe) under which chapter such service is to be 
     credited.
       ``(d) Additional Coordination Matters.--In the case of an 
     individual entitled to educational assistance under chapter 
     30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 
     of title 10, or the provisions of the Hostage Relief Act of 
     1980, or making contributions toward entitlement to 
     educational assistance under chapter 30 of this title, as of 
     August 1, 2009, coordination of entitlement to educational 
     assistance under this chapter, on the one hand, and such 
     chapters or provisions, on the other, shall be governed by 
     the provisions of section __03(c) of the Post-9/11 Veterans 
     Educational Assistance Act of 2008.

     ``Sec. 3323. Administration

       ``(a) In General.--(1) Except as otherwise provided in this 
     chapter, the provisions specified in section 3034(a)(1) of 
     this title shall apply to the provision of educational 
     assistance under this chapter.
       ``(2) In applying the provisions referred to in paragraph 
     (1) to an individual entitled to educational assistance under 
     this chapter for purposes of this section, the reference in 
     such provisions to the term `eligible veteran' shall be 
     deemed to refer to an individual entitled to educational 
     assistance under this chapter.
       ``(3) In applying section 3474 of this title to an 
     individual entitled to educational assistance under this 
     chapter for purposes of this section, the reference in such 
     section 3474 to the term `educational assistance allowance' 
     shall be deemed to refer to educational assistance payable 
     under section 3313 of this title.
       ``(4) In applying section 3482(g) of this title to an 
     individual entitled to educational assistance under this 
     chapter for purposes of this section--
       ``(A) the first reference to the term `educational 
     assistance allowance' in such section 3482(g) shall be deemed 
     to refer to educational assistance payable under section 3313 
     of this title; and
       ``(B) the first sentence of paragraph (1) of such section 
     3482(g) shall be applied as if such sentence ended with 
     `equipment'.
       ``(b) Information on Benefits.--(1) The Secretary of 
     Veterans Affairs shall provide the information described in 
     paragraph (2) to each member of the Armed Forces at such 
     times as the Secretary of Veterans Affairs and the Secretary 
     of Defense shall jointly prescribe in regulations.
       ``(2) The information described in this paragraph is 
     information on benefits, limitations, procedures, eligibility 
     requirements (including time-in-service requirements), and 
     other important aspects of educational assistance under this 
     chapter, including application forms for such assistance 
     under section 5102 of this title.
       ``(3) The Secretary of Veterans Affairs shall furnish the 
     information and forms described in paragraph (2), and other 
     educational materials on educational assistance under this 
     chapter, to educational institutions, training 
     establishments, military education personnel, and such other 
     persons and entities as the Secretary considers appropriate.
       ``(c) Regulations.--(1) The Secretary shall prescribe 
     regulations for the administration of this chapter.
       ``(2) Any regulations prescribed by the Secretary of 
     Defense for purposes of this chapter shall apply uniformly 
     across the Armed Forces.

     ``Sec. 3324. Allocation of administration and costs

       ``(a) Administration.--Except as otherwise provided in this 
     chapter, the Secretary shall administer the provision of 
     educational assistance under this chapter.
       ``(b) Costs.--Payments for entitlement to educational 
     assistance earned under this chapter shall be made from funds 
     appropriated to, or otherwise made available to, the 
     Department of Veterans Affairs for the payment of 
     readjustment benefits.''.
       (2) Clerical amendments.--The tables of chapters at the 
     beginning of title 38, United States Code, and at the 
     beginning of part III of such title, are each amended by 
     inserting after the item relating to chapter 32 the following 
     new item:

``33. Post-9/11 Educational Assistance......................3301''.....

       (b) Conforming Amendments.--
       (1) Amendments relating to duplication of benefits.--
       (A) Section 3033 of title 38, United States Code, is 
     amended--
       (i) in subsection (a)(1), by inserting ``33,'' after 
     ``32,''; and
       (ii) in subsection (c), by striking ``both the program 
     established by this chapter and the program established by 
     chapter 106 of title 10'' and inserting ``two or more of the 
     programs established by this chapter, chapter 33 of this 
     title, and chapters 1606 and 1607 of title 10''.
       (B) Paragraph (4) of section 3695(a) of such title is 
     amended to read as follows:
       ``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
       (C) Section 16163(e) of title 10, United States Code, is 
     amended by inserting ``33,'' after ``32,''.
       (2) Additional conforming amendments.--
       (A) Title 38, United States Code, is further amended by 
     inserting ``33,'' after ``32,'' each place it appears in the 
     following provisions:
       (i) In subsections (b) and (e)(1) of section 3485.
       (ii) In section 3688(b).
       (iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and 
     (e)(2) of section 3689.
       (iv) In section 3690(b)(3)(A).
       (v) In subsections (a) and (b) of section 3692.
       (vi) In section 3697(a).
       (B) Section 3697A(b)(1) of such title is amended by 
     striking ``or 32'' and inserting ``32, or 33''.
       (c) Applicability to Individuals Under Montgomery GI Bill 
     Program.--
       (1) Individuals eligible to elect participation in post-9/
     11 educational assistance.--An individual may elect to 
     receive educational assistance under chapter 33 of title 38, 
     United States Code (as added by subsection (a)), if such 
     individual--
       (A) as of August 1, 2009--
       (i) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, and has used, but 
     retains unused, entitlement under that chapter;
       (ii) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, and has 
     used, but retains unused, entitlement under the applicable 
     chapter;
       (iii) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, but has not used 
     any entitlement under that chapter;
       (iv) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, but has 
     not used any entitlement under such chapter;
       (v) is a member of the Armed Forces who is eligible for 
     receipt of basic educational assistance under chapter 30 of 
     title 38, United States Code, and is making contributions 
     toward such assistance under section 3011(b) or 3012(c) of 
     such title; or
       (vi) is a member of the Armed Forces who is not entitled to 
     basic educational assistance under chapter 30 of title 38, 
     United States Code, by reason of an election under section 
     3011(c)(1) or 3012(d)(1) of such title; and
       (B) as of the date of the individual's election under this 
     paragraph, meets the requirements for entitlement to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added).
       (2) Cessation of contributions toward gi bill.--Effective 
     as of the first month beginning on or after the date of an 
     election under paragraph (1) of an individual described by 
     subparagraph (A)(v) of that paragraph, the obligation of the 
     individual to make contributions under section 3011(b) or 
     3012(c) of title 38, United States Code, as applicable, shall 
     cease, and the requirements of such section shall be deemed 
     to be no longer applicable to the individual.
       (3) Revocation of remaining transferred entitlement.--
       (A) Election to revoke.--If, on the date an individual 
     described in subparagraph (A)(i) or (A)(iii) of paragraph (1) 
     makes an election under that paragraph, a transfer of the 
     entitlement of the individual to basic educational assistance 
     under section 3020 of title 38, United States Code, is in 
     effect and a number of months of the entitlement so 
     transferred remain unutilized, the individual may elect to 
     revoke all or a portion of the entitlement so transferred 
     that remains unutilized.
       (B) Availability of revoked entitlement.--Any entitlement 
     revoked by an individual under this paragraph shall no longer 
     be available to the dependent to whom transferred, but shall 
     be available to the individual instead for educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), in accordance with the provisions of this 
     subsection.

[[Page S4522]]

       (C) Availability of unrevoked entitlement.--Any entitlement 
     described in subparagraph (A) that is not revoked by an 
     individual in accordance with that subparagraph shall remain 
     available to the dependent or dependents concerned in 
     accordance with the current transfer of such entitlement 
     under section 3020 of title 38, United States Code.
       (4) Post-9/11 educational assistance.--
       (A) In general.--Subject to subparagraph (B) and except as 
     provided in paragraph (5), an individual making an election 
     under paragraph (1) shall be entitled to educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), in accordance with the provisions of such 
     chapter, instead of basic educational assistance under 
     chapter 30 of title 38, United States Code, or educational 
     assistance under chapter 107, 1606, or 1607 of title 10, 
     United States Code, as applicable.
       (B) Limitation on entitlement for certain individuals.--In 
     the case of an individual making an election under paragraph 
     (1) who is described by subparagraph (A)(i) of that 
     paragraph, the number of months of entitlement of the 
     individual to educational assistance under chapter 33 of 
     title 38, United States Code (as so added), shall be the 
     number of months equal to--
       (i) the number of months of unused entitlement of the 
     individual under chapter 30 of title 38, United States Code, 
     as of the date of the election, plus
       (ii) the number of months, if any, of entitlement revoked 
     by the individual under paragraph (3)(A).
       (5) Continuing entitlement to educational assistance not 
     available under 9/11 assistance program.--
       (A) In general.--In the event educational assistance to 
     which an individual making an election under paragraph (1) 
     would be entitled under chapter 30 of title 38, United States 
     Code, or chapter 107, 1606, or 1607 of title 10, United 
     States Code, as applicable, is not authorized to be available 
     to the individual under the provisions of chapter 33 of title 
     38, United States Code (as so added), the individual shall 
     remain entitled to such educational assistance in accordance 
     with the provisions of the applicable chapter.
       (B) Charge for use of entitlement.--The utilization by an 
     individual of entitlement under subparagraph (A) shall be 
     chargeable against the entitlement of the individual to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added), at the rate of one month of 
     entitlement under such chapter 33 for each month of 
     entitlement utilized by the individual under subparagraph (A) 
     (as determined as if such entitlement were utilized under the 
     provisions of chapter 30 of title 38, United States Code, or 
     chapter 107, 1606, or 1607 of title 10, United States Code, 
     as applicable).
       (6) Additional post-9/11 assistance for members having made 
     contributions toward gi bill.--
       (A) Additional assistance.--In the case of an individual 
     making an election under paragraph (1) who is described by 
     clause (i), (iii), or (v) of subparagraph (A) of that 
     paragraph, the amount of educational assistance payable to 
     the individual under chapter 33 of title 38, United States 
     Code (as so added), as a monthly stipend payable under 
     paragraph (1)(B) of section 3313(c) of such title (as so 
     added), or under paragraphs (2) through (7) of that section 
     (as applicable), shall be the amount otherwise payable as a 
     monthly stipend under the applicable paragraph increased by 
     the amount equal to--
       (i) the total amount of contributions toward basic 
     educational assistance made by the individual under section 
     3011(b) or 3012(c) of title 38, United States Code, as of the 
     date of the election, multiplied by
       (ii) the fraction--

       (I) the numerator of which is--

       (aa) the number of months of entitlement to basic 
     educational assistance under chapter 30 of title 38, United 
     States Code, remaining to the individual at the time of the 
     election; plus
       (bb) the number of months, if any, of entitlement under 
     such chapter 30 revoked by the individual under paragraph 
     (3)(A); and

       (II) the denominator of which is 36 months.

       (B) Months of remaining entitlement for certain 
     individuals.--In the case of an individual covered by 
     subparagraph (A) who is described by paragraph (1)(A)(v), the 
     number of months of entitlement to basic educational 
     assistance remaining to the individual for purposes of 
     subparagraph (A)(ii)(I)(aa) shall be 36 months.
       (C) Timing of payment.--The amount payable with respect to 
     an individual under subparagraph (A) shall be paid to the 
     individual together with the last payment of the monthly 
     stipend payable to the individual under paragraph (1)(B) of 
     section 3313(c) of title 38, United States Code (as so 
     added), or under paragraphs (2) through (7) of that section 
     (as applicable), before the exhaustion of the individual's 
     entitlement to educational assistance under chapter 33 of 
     such title (as so added).
       (7) Continuing entitlement to additional assistance for 
     critical skills or speciality and additional service.--An 
     individual making an election under paragraph (1)(A) who, at 
     the time of the election, is entitled to increased 
     educational assistance under section 3015(d) of title 38, 
     United States Code, or section 16131(i) of title 10, United 
     States Code, or supplemental educational assistance under 
     subchapter III of chapter 30 of title 38, United States Code, 
     shall remain entitled to such increased educational 
     assistance or supplemental educational assistance in the 
     utilization of entitlement to educational assistance under 
     chapter 33 of title 38, United States Code (as so added), in 
     an amount equal to the quarter, semester, or term, as 
     applicable, equivalent of the monthly amount of such 
     increased educational assistance or supplemental educational 
     assistance payable with respect to the individual at the time 
     of the election.
       (8) Irrevocability of elections.--An election under 
     paragraph (1) or (3)(A) is irrevocable.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on August 1, 2009.

     SEC. 4004. INCREASE IN AMOUNTS OF BASIC EDUCATIONAL 
                   ASSISTANCE UNDER THE MONTGOMERY GI BILL.

       (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.

     SEC. 4005. MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSEMENT 
                   OF STATE AND LOCAL AGENCIES ADMINISTERING 
                   VETERANS EDUCATION BENEFITS.

       Section 3674(a)(4) of title 38, United States Code, is 
     amended by striking ``may not exceed'' and all that follows 
     through the end and inserting ``shall be $19,000,000.''.

              TITLE V--EMERGENCY UNEMPLOYMENT COMPENSATION


                        federal-state agreements

       Sec. 5001.  (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

[[Page S4523]]

     the regular compensation (including dependents' allowances) 
     payable to such individual during such individual's benefit 
     year under the State law for a week of total unemployment;
       (2) the terms and conditions of the State law which apply 
     to claims for regular compensation and to the payment thereof 
     shall apply to claims for emergency unemployment compensation 
     and the payment thereof, except where otherwise inconsistent 
     with the provisions of this title or with the regulations or 
     operating instructions of the Secretary promulgated to carry 
     out this title; and
       (3) the maximum amount of emergency unemployment 
     compensation payable to any individual for whom an emergency 
     unemployment compensation account is established under 
     section 5002 shall not exceed the amount established in such 
     account for such individual.
       (e) Election by States.--Notwithstanding any other 
     provision of Federal law (and if State law permits), the 
     Governor of a State that is in an extended benefit period may 
     provide for the payment of emergency unemployment 
     compensation prior to extended compensation to individuals 
     who otherwise meet the requirements of this section.


              emergency unemployment compensation account

       Sec. 5002.  (a) In General.--Any agreement under this title 
     shall provide that the State will establish, for each 
     eligible individual who files an application for emergency 
     unemployment compensation, an emergency unemployment 
     compensation account with respect to such individual's 
     benefit year.
       (b) Amount in Account.--
       (1) In general.--The amount established in an account under 
     subsection (a) shall be equal to the lesser of--
       (A) 50 percent of the total amount of regular compensation 
     (including dependents' allowances) payable to the individual 
     during the individual's benefit year under such law, or
       (B) 13 times the individual's average weekly benefit amount 
     for the benefit year.
       (2) Weekly benefit amount.--For purposes of this 
     subsection, an individual's weekly benefit amount for any 
     week is the amount of regular compensation (including 
     dependents' allowances) under the State law payable to such 
     individual for such week for total unemployment.
       (c) Special Rule.--
       (1) In general.--Notwithstanding any other provision of 
     this section, if, at the time that the individual's account 
     is exhausted or at any time thereafter, such individual's 
     State is in an extended benefit period (as determined under 
     paragraph (2)), then, such account shall be augmented by an 
     amount equal to the amount originally established in such 
     account (as determined under subsection (b)(1)).
       (2) Extended benefit period.--For purposes of paragraph 
     (1), a State shall be considered to be in an extended benefit 
     period, as of any given time, if--
       (A) such a period is then in effect for such State under 
     the Federal-State Extended Unemployment Compensation Act of 
     1970;
       (B) such a period would then be in effect for such State 
     under such Act if section 203(d) of such Act--
       (i) were applied by substituting ``4'' for ``5'' each place 
     it appears; and
       (ii) did not include the requirement under paragraph 
     (1)(A); or
       (C) such a period would then be in effect for such State 
     under such Act if--
       (i) section 203(f) of such Act were applied to such State 
     (regardless of whether the State by law had provided for such 
     application); and
       (ii) such section 203(f)--

       (I) were applied by substituting ``6.0'' for ``6.5'' in 
     paragraph (1)(A)(i); and
       (II) did not include the requirement under paragraph 
     (1)(A)(ii).


   payments to states having agreements for the payment of emergency 
                       unemployment compensation

       Sec. 5003.  (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. 5004.  (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. 5005.  (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. 5006.  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).

[[Page S4524]]

                             applicability

       Sec. 5007.  (a) In General.--Except as provided in 
     subsection (b), an agreement entered into under this title 
     shall apply to weeks of unemployment--
       (1) beginning after the date on which such agreement is 
     entered into; and
       (2) ending on or before March 31, 2009.
       (b) Transition for Amount Remaining in Account.--
       (1) In general.--Subject to paragraphs (2) and (3), in the 
     case of an individual who has amounts remaining in an account 
     established under section 5002 as of the last day of the last 
     week (as determined in accordance with the applicable State 
     law) ending on or before March 31, 2009, emergency 
     unemployment compensation shall continue to be payable to 
     such individual from such amounts for any week beginning 
     after such last day for which the individual meets the 
     eligibility requirements of this title.
       (2) Limit on augmentation.--If the account of an individual 
     is exhausted after the last day of such last week (as so 
     determined), then section 5002(c) shall not apply and such 
     account shall not be augmented under such section, regardless 
     of whether such individual's State is in an extended benefit 
     period (as determined under paragraph (2) of such section).
       (3) Limit on compensation.--No compensation shall be 
     payable by reason of paragraph (1) for any week beginning 
     after June 30, 2009.

                     TITLE VI--OTHER HEALTH MATTERS

       Sec. 6001. (a) Moratoria on Certain Medicaid Regulations.--
       (1) Extension of certain moratoria in public law 110-28.--
     Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' 
     Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28) is amended--
       (A) by striking ``prior to the date that is 1 year after 
     the date of enactment of this Act'' and inserting ``prior to 
     April 1, 2009'';
       (B) in subparagraph (A), by inserting after ``Federal 
     Regulations)'' the following: ``or in the final regulation, 
     relating to such parts, published on May 29, 2007 (72 Federal 
     Register 29748)''; and
       (C) in subparagraph (C), by inserting before the period at 
     the end the following: ``, including the proposed regulation 
     published on May 23, 2007 (72 Federal Register 28930)''.
       (2) Extension of certain moratoria in public law 110-173.--
     Section 206 of the Medicare, Medicaid, and SCHIP Extension 
     Act of 2007 (Public Law 110-173) is amended--
       (A) by striking ``June 30, 2008'' and inserting ``April 1, 
     2009'';
       (B) by inserting ``, including the proposed regulation 
     published on August 13, 2007 (72 Federal Register 45201),'' 
     after ``rehabilitation services''; and
       (C) by inserting ``, including the final regulation 
     published on December 28, 2007 (72 Federal Register 73635),'' 
     after ``school-based transportation''.
       (3) Moratorium on interim final medicaid regulation 
     relating to optional case management and targeted case 
     management services.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services shall not, 
     prior to April 1, 2009, finalize, implement, enforce, or 
     otherwise 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 the interim final regulation 
     relating to optional State plan case management services and 
     targeted case management services under the Medicaid program 
     published on December 4, 2007 (72 Federal Register 68077) in 
     its entirety.
       (4) 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) Proposed regulation relating to redefinition of 
     medicaid outpatient hospital services.--The provision 
     described in this subparagraph is the proposed regulation 
     relating to clarification of outpatient clinic and hospital 
     facility services definition and upper payment limit under 
     the Medicaid program published on September 28, 2007 (72 
     Federal Register 55158) in its entirety.
       (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 September 27, 2007; or
       (ii) subparagraph (C) is February 21, 2008.
       (b) Restoration of Access to Nominal Drug Pricing for 
     Certain Clinics and Health Centers.--
       (1) In general.--Section 1927(c)(1)(D) of the Social 
     Security Act (42 U.S.C. Sec. 1396r-8(c)(1)(D)), as added by 
     section 6001(d)(2) of the Deficit Reduction Act of 2005 
     (Public Law 109-171), is amended--
       (A) in clause (i)--
       (i) by redesignating subclause (IV) as subclause (VI); and
       (ii) by inserting after subclause (III) the following:

       ``(IV) An entity that--

       ``(aa) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Act or is State-owned or operated; and
       ``(bb) would be a covered entity described in section 
     340(B)(a)(4) of the Public Health Service Act insofar as the 
     entity provides the same type of services to the same type of 
     populations as a covered entity described in such section 
     provides, but does not receive funding under a provision of 
     law referred to in such section.

       ``(V) A public or nonprofit entity, or an entity based at 
     an institution of higher learning whose primary purpose is to 
     provide health care services to students of that institution, 
     that provides a service or services described under section 
     1001(a) of the Public Health Service Act.''; and

       (B) by adding at the end the following new clause:
       ``(iv) Rule of construction.--Nothing in this subparagraph 
     shall be construed to alter any existing statutory or 
     regulatory prohibition on services with respect to an entity 
     described in subclause (IV) or (V) of clause (i), including 
     the prohibition set forth in section 1008 of the Public 
     Health Service Act.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect as if included in the amendment made by 
     section 6001(d)(2) of the Deficit Reduction Act of 2005.
       (c) 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.

[[Page S4525]]

       ``(B) Consideration.--In selecting States under 
     subparagraph (A)(ii), the Secretary shall consult with the 
     States involved and take into account the feasibility of 
     implementing asset verification programs in each such State.
       ``(C) States specified.--The States specified in this 
     subparagraph are California, New York, and New Jersey.
       ``(D) Construction.--Nothing in subparagraph (A)(ii) shall 
     be construed as preventing a State from requesting, and the 
     Secretary approving, the implementation of an asset 
     verification program in advance of the deadline otherwise 
     established under such subparagraph.
       ``(4) Exemption of territories.--This section shall only 
     apply to the 50 States and the District of Columbia.
       ``(b) Asset Verification Program.--
       ``(1) In general.--For purposes of this section, an asset 
     verification program means a program described in paragraph 
     (2) under which a State--
       ``(A) requires each applicant for, or recipient of, medical 
     assistance under the State plan under this title on the basis 
     of being aged, blind, or disabled to provide authorization by 
     such applicant or recipient (and any other person whose 
     resources are 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 of 1978 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 of 1978, an 
     authorization provided to a State under subsection (b)(1)(A) 
     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)(A), 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 of 1978 
     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 of 1978 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 of 1978 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)(A), 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. 6002. Limitation on Medicare Exception to the 
     Prohibition on Certain Physician Referrals for Hospitals.--
       (a) In General.--Section 1877 of the Social Security Act 
     (42 U.S.C. 1395nn) is amended--
       (1) in subsection (d)(2)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) in the case where the entity is a hospital, the 
     hospital meets the requirements of paragraph (3)(D).'';
       (2) in subsection (d)(3)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) the hospital meets the requirements described in 
     subsection (i)(1) not later than 18 months after the date of 
     the enactment of this subparagraph.''; and
       (3) by adding at the end the following new subsection:
       ``(i) Requirements for Hospitals To Qualify for Hospital 
     Exception to Ownership or Investment Prohibition.--
       ``(1) Requirements described.--For purposes of subsection 
     (d)(3)(D), the requirements described in this paragraph for a 
     hospital are as follows:
       ``(A) Provider agreement.--The hospital had--
       ``(i) physician ownership on September 1, 2008; and
       ``(ii) a provider agreement under section 1866 in effect on 
     such date.
       ``(B) Limitation on expansion of facility capacity.--Except 
     as provided in paragraph (3), the number of operating rooms, 
     procedure rooms, and beds of the hospital at any time on or 
     after the date of the enactment of this subsection are no 
     greater than the number of operating rooms, procedure rooms, 
     and beds as of such date.
       ``(C) Preventing conflicts of interest.--
       ``(i) The hospital submits to the Secretary an annual 
     report containing a detailed description of--

       ``(I) the identity of each physician owner and any other 
     owners of the hospital; and
       ``(II) the nature and extent of all ownership interests in 
     the hospital.

       ``(ii) The hospital has procedures in place to require that 
     any referring physician owner discloses to the patient being 
     referred, by a time that permits the patient to make a 
     meaningful decision regarding the receipt of care, as 
     determined by the Secretary--

       ``(I) the ownership interest of such referring physician in 
     the hospital; and
       ``(II) if applicable, any such ownership interest of the 
     treating physician.

       ``(iii) The hospital does not condition any physician 
     ownership interests either directly or indirectly on the 
     physician owner making or influencing referrals to the 
     hospital or

[[Page S4526]]

     otherwise generating business for the hospital.
       ``(iv) The hospital discloses the fact that the hospital is 
     partially owned by physicians--

       ``(I) on any public website for the hospital; and
       ``(II) in any public advertising for the hospital.

       ``(D) Ensuring bona fide investment.--
       ``(i) Physician owners in the aggregate do not own more 
     than the greater of--

       ``(I) 40 percent of the total value of the investment 
     interests held in the hospital or in an entity whose assets 
     include the hospital; or
       ``(II) the percentage of such total value determined on the 
     date of enactment of this subsection.

       ``(ii) Any ownership or investment interests that the 
     hospital offers to a physician owner are not offered on more 
     favorable terms than the terms offered to a person who is not 
     a physician owner.
       ``(iii) The hospital (or any investors in the hospital) 
     does not directly or indirectly provide loans or financing 
     for any physician owner investments in the hospital.
       ``(iv) The hospital (or any investors in the hospital) does 
     not directly or indirectly guarantee a loan, make a payment 
     toward a loan, or otherwise subsidize a loan, for any 
     individual physician owner or group of physician owners that 
     is related to acquiring any ownership interest in the 
     hospital.
       ``(v) Investment returns are distributed to each investor 
     in the hospital in an amount that is directly proportional to 
     the ownership interest of such investor in the hospital.
       ``(vi) Physician owners do not receive, directly or 
     indirectly, any guaranteed receipt of or right to purchase 
     other business interests related to the hospital, including 
     the purchase or lease of any property under the control of 
     other investors in the hospital or located near the premises 
     of the hospital.
       ``(vii) The hospital does not offer a physician owner the 
     opportunity to purchase or lease any property under the 
     control of the hospital or any other investor in the hospital 
     on more favorable terms than the terms offered to an 
     individual who is not a physician owner.
       ``(E) Patient safety.--
       ``(i) Insofar as the hospital admits a patient and does not 
     have any physician available on the premises to provide 
     services during all hours in which the hospital is providing 
     services to such patient, before admitting the patient--

       ``(I) the hospital discloses such fact to a patient; and
       ``(II) following such disclosure, the hospital receives 
     from the patient a signed acknowledgment that the patient 
     understands such fact.

       ``(ii) The hospital has the capacity to--

       ``(I) provide assessment and initial treatment for 
     patients; and
       ``(II) refer and transfer patients to hospitals with the 
     capability to treat the needs of the patient involved.

       ``(F) Limitation on application to certain converted 
     facilities.--The hospital was not converted from an 
     ambulatory surgical center to a hospital on or after the date 
     of enactment of this subsection.
       ``(2) Publication of information reported.--The Secretary 
     shall publish, and update on an annual basis, the information 
     submitted by hospitals under paragraph (1)(C)(i) on the 
     public Internet website of the Centers for Medicare & 
     Medicaid Services.
       ``(3) Exception to prohibition on expansion of facility 
     capacity.--
       ``(A) Process.--
       ``(i) Establishment.--The Secretary shall establish and 
     implement a process under which an applicable hospital (as 
     defined in subparagraph (E)) may apply for an exception from 
     the requirement under paragraph (1)(B).
       ``(ii) Opportunity for community input.--The process under 
     clause (i) shall provide individuals and entities in the 
     community that the applicable hospital applying for an 
     exception is located with the opportunity to provide input 
     with respect to the application.
       ``(iii) Timing for implementation.--The Secretary shall 
     implement the process under clause (i) on November 1, 2009.
       ``(iv) Regulations.--Not later than November 1, 2009, the 
     Secretary shall promulgate regulations to carry out the 
     process under clause (i).
       ``(B) Frequency.--The process described in subparagraph (A) 
     shall permit an applicable hospital to apply for an exception 
     up to once every 2 years.
       ``(C) Permitted increase.--
       ``(i) In general.--Subject to clause (ii) and subparagraph 
     (D), an applicable hospital granted an exception under the 
     process described in subparagraph (A) may increase the number 
     of operating rooms, procedure rooms, and beds of the 
     applicable hospital above the baseline number of operating 
     rooms, procedure rooms, and beds of the applicable hospital 
     (or, if the applicable hospital has been granted a previous 
     exception under this paragraph, above the number of operating 
     rooms, procedure rooms, and beds of the hospital after the 
     application of the most recent increase under such an 
     exception).
       ``(ii) Lifetime 100 percent increase limitation.--The 
     Secretary shall not permit an increase in the number of 
     operating rooms, procedure rooms, and beds of an applicable 
     hospital under clause (i) to the extent such increase would 
     result in the number of operating rooms, procedure rooms, and 
     beds of the applicable hospital exceeding 200 percent of the 
     baseline number of operating rooms, procedure rooms, and beds 
     of the applicable hospital.
       ``(iii) Baseline number of operating rooms, procedure 
     rooms, and beds.--In this paragraph, the term `baseline 
     number of operating rooms, procedure rooms, and beds' means 
     the number of operating rooms, procedure rooms, and beds of 
     the applicable hospital as of the date of enactment of this 
     subsection.
       ``(D) Increase limited to facilities on the main campus of 
     the hospital.--Any increase in the number of operating rooms, 
     procedure rooms, and beds of an applicable hospital pursuant 
     to this paragraph may only occur in facilities on the main 
     campus of the applicable hospital.
       ``(E) Applicable hospital.--In this paragraph, the term 
     ``applicable hospital'' means a hospital--
       ``(i) that is located in a county in which the percentage 
     increase in the population during the most recent 5-year 
     period (as of the date of the application under subparagraph 
     (A)) is at least 150 percent of the percentage increase in 
     the population growth of the State in which the hospital is 
     located during that period, as estimated by Bureau of the 
     Census;
       ``(ii) whose annual percent of total inpatient admissions 
     that represent inpatient admissions under the program under 
     title XIX is equal to or greater than the average percent 
     with respect to such admissions for all hospitals located in 
     the county in which the hospital is located;
       ``(iii) that does not discriminate against beneficiaries of 
     Federal health care programs and does not permit physicians 
     practicing at the hospital to discriminate against such 
     beneficiaries;
       ``(iv) that is located in a State in which the average bed 
     capacity in the State is less than the national average bed 
     capacity; and
       ``(v) that has an average bed occupancy rate that is 
     greater than the average bed occupancy rate in the State in 
     which the hospital is located.
       ``(F) Procedure rooms.--In this subsection, the term 
     `procedure rooms' includes rooms in which catheterizations, 
     angiographies, angiograms, and endoscopies are performed, 
     except such term shall not include emergency rooms or 
     departments (exclusive of rooms in which catheterizations, 
     angiographies, angiograms, and endoscopies are performed).
       ``(G) Publication of final decisions.--Not later than 60 
     days after receiving a complete application under this 
     paragraph, the Secretary shall publish in the Federal 
     Register the final decision with respect to such application.
       ``(H) Limitation on review.--There shall be no 
     administrative or judicial review under section 1869, section 
     1878, or otherwise of the process under this paragraph 
     (including the establishment of such process).
       ``(4) Collection of ownership and investment information.--
     For purposes of subparagraphs (A)(i) and (D)(i) of paragraph 
     (1), the Secretary shall collect physician ownership and 
     investment information for each hospital.
       ``(5) Physician owner defined.--For purposes of this 
     subsection, the term `physician owner' means a physician (or 
     an immediate family member of such physician) with a direct 
     or an indirect ownership interest in the hospital.''.
       (b) Enforcement.--
       (1) Ensuring compliance.--The Secretary of Health and Human 
     Services shall establish policies and procedures to ensure 
     compliance with the requirements described in subsection 
     (i)(1) of section 1877 of the Social Security Act, as added 
     by subsection (a)(3), beginning on the date such requirements 
     first apply. Such policies and procedures may include 
     unannounced site reviews of hospitals.
       (2) Audits.--Beginning not later than January 1, 2010, the 
     Secretary of Health and Human Services shall conduct audits 
     to determine if hospitals violate the requirements referred 
     to in paragraph (1).
       Sec. 6003. 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, $3,340,000,000.
       ``(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

[[Page S4527]]

     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.''.
       Sec. 6004. Moratorium on August 17, 2007 CMS Directive. 
     Notwithstanding any other provision of law, the Secretary of 
     Health and Human Services shall not, prior to April 1, 2009, 
     finalize, implement, enforce, or otherwise take any action to 
     give effect to any or all components of the State Health 
     Official Letter 07-001, dated August 17, 2007, issued by the 
     Director of the Center for Medicaid and State Operations in 
     the Centers for Medicare & Medicaid Services regarding 
     certain requirements under the State Children's Health 
     Insurance Program (CHIP) relating to the prevention of the 
     substitution of health benefits coverage for children 
     (commonly referred to as ``crowd-out'') and the enforcement 
     of medical support orders (or to any similar administrative 
     actions that reflect the same or similar policies set forth 
     in such letter). Any change made on or after August 17, 2007, 
     to a Medicaid or CHIP State plan or waiver to implement, 
     conform to, or otherwise adhere to the requirements or 
     policies in such letter shall not apply prior to April 1, 
     2009.
       Sec. 6005. Adjustment to PAQI Fund. Section 1848(l)(2) of 
     the Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended 
     by section 101(a)(2) of the Medicare, Medicaid, and SCHIP 
     Extension Act of 2007 (Public Law 110-173), is amended--
       (1) in subparagraph (A)(i)--
       (A) in subclause (III), by striking ``$4,960,000,000'' and 
     inserting ``$3,940,000,000''; and
       (B) by adding at the end the following new subclause:

       ``(IV) For expenditures during 2014, an amount equal to 
     $3,750,000,000.'';

       (2) in subparagraph (A)(ii), by adding at the end the 
     following new subclause:

       ``(IV) 2014.--The amount available for expenditures during 
     2014 shall only be available for an adjustment to the update 
     of the conversion factor under subsection (d) for that 
     year.''; and

       (3) in subparagraph (B)--
       (A) in clause (ii), by striking ``and'' at the end;
       (B) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new clause:
       ``(iv) 2014 for payment with respect to physicians' 
     services furnished during 2014.''.

  TITLE VII--ACCOUNTABILITY AND COMPETITION IN GOVERNMENT CONTRACTING

             CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE


                              short title

       Sec. 7101.  This chapter may be cited as the ``Close the 
     Contractor Fraud Loophole Act''.


             revision of the federal acquisition regulation

       Sec. 7102. 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. 7103. 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. 7201. This chapter may be cited as the ``Government 
     Funding Transparency Act of 2008''.


  financial disclosure requirements for certain recipients of federal 
                                 awards

       Sec. 7202. (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 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 subsections (a) and (b) of 
     section 204 of S. Con. Res. 21 (110th Congress), the 
     concurrent resolution on the budget for fiscal year 2008.


              avoidance of u.s. payroll tax contributions

       Sec. 8003. None of the funds in this Act may be used by any 
     Federal agency for a contract with any United States 
     corporation which hires United States employees through 
     foreign offshore subsidiaries for purposes of avoiding United 
     States payroll tax contributions for such employees.


                         EXPLANATORY STATEMENT

       Sec. 8004. The explanatory statement printed in the Senate 
     section of the Congressional Record on May 19, 2008, 
     submitted by the Chairman of the Committee on Appropriations 
     of the Senate regarding the amendments of the Senate to the 
     House amendments to the Senate amendment to the bill H.R. 
     2642, making appropriations for military construction, the 
     Department of Veterans Affairs, and related agencies for the 
     fiscal year ending September 30, 2008, and for other 
     purposes, submitted by the Chairman of the Committee on 
     Appropriations of the Senate, shall have the same effect with 
     respect to the allocation of funds and implementation of 
     titles I through XIII of this Act as if it were a report to 
     the Senate on a bill reported by the Committee on 
     Appropriations.


                              short title

       Sec. 8005. This Act may be cited as the ``Supplemental 
     Appropriations Act, 2008''.
                                 ______
                                 
  SA 4804. Mr. REID proposed an amendment to amendment SA 4803 proposed 
by Mr. REID to the House amendment numbered 2 to the amendment of the 
Senate to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
as follows:

       Strike all after the word ``TITLE'' on page 2, line 1, and 
     insert the following:

                                TITLE I

    OTHER SECURITY, MILITARY CONSTRUCTION, AND INTERNATIONAL MATTERS

                               CHAPTER 1

                       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

                         DEPARTMENT OF JUSTICE

                         General Administration


                      OFFICE OF INSPECTOR GENERAL

       For an additional amount for the Office of the Inspector 
     General, $4,000,000, to remain available until September 30, 
     2009.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

       For an additional amount for ``Salaries and Expenses, 
     General Legal Activities'', $1,648,000, to remain available 
     until September 30, 2009.


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

       For an additional amount for ``Salaries and Expenses, 
     United States Attorneys'', $5,000,000, to remain available 
     until September 30, 2009.

                     United States Marshals Service


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $18,621,000, to remain available until September 30, 2009.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $164,965,000, 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'', 
     $22,666,000, to remain available until September 30, 2009.

[[Page S4528]]

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $4,000,000, to remain available until September 30, 2009.

                         Federal Prison System


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $9,100,000, to remain available until September 30, 2009.

                               CHAPTER 3

                         MILITARY CONSTRUCTION

                      Military Construction, Army

       For an additional amount for ``Military Construction, 
     Army'', $1,170,200,000: Provided, That 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 made available under 
     this heading, $1,033,000,000 shall remain available until 
     September 30, 2009, and $137,200,000 shall remain available 
     until September 30, 2012: Provided further, That funds made 
     available under this heading for military construction 
     projects in 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 U.S. military personnel in Iraq.

              Military Construction, Navy and Marine Corps

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $300,084,000: Provided, That 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 made 
     available under this heading, $270,785,000 shall remain 
     available until September 30, 2009, and $29,299,000 shall 
     remain available until September 30, 2012.

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $361,900,000: Provided, That 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 made available under 
     this heading, $324,300,000 shall remain available until 
     September 30, 2009, and $37,600,000 shall remain available 
     until September 30, 2012: Provided further, That funds made 
     available under this heading for military construction 
     projects in 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 U.S. military personnel in Iraq.

                  Military Construction, Defense-Wide

       For an additional amount for ``Military Construction, 
     Defense-Wide'', $27,600,000, to remain available until 
     September 30, 2009: Provided, That 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, 2012: Provided, That such funds may be 
     obligated or expended for 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), $1,202,886,000, to remain available until 
     expended.

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                       GENERAL OPERATING EXPENSES

       For an additional amount for ``General Operating 
     Expenses'', $100,000,000, to remain available until expended.


                     INFORMATION TECHNOLOGY SYSTEMS

       For an additional amount for ``Information Technology 
     Systems'', $20,000,000, to remain available until expended.


                      CONSTRUCTION, MAJOR PROJECTS

       For an additional amount for ``Construction, Major 
     Projects'', $437,100,000, 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 
     $70,600,000, to remain available until September 30, 2012, 
     for the acceleration and completion of child development 
     center construction as proposed in the fiscal year 2009 
     budget request for the Department of the Army: Provided, That 
     such funds may be obligated and expended to carry out 
     planning and design and military construction not otherwise 
     authorized by law.
       Sec. 1302. In addition to amounts otherwise appropriated or 
     made available under the heading ``Military Construction, 
     Navy and Marine Corps'', there is hereby appropriated an 
     additional $89,820,000, to remain available until September 
     30, 2012, for the acceleration and completion of child 
     development and youth center construction as proposed in the 
     fiscal year 2009 budget request for the Department of the 
     Navy: Provided, That such funds may be obligated and expended 
     to carry out planning and design and military construction 
     not otherwise authorized by law.
       Sec. 1303. In addition to amounts otherwise appropriated or 
     made available under the heading ``Military Construction, Air 
     Force'', there is hereby appropriated an additional 
     $8,100,000, to remain available until September 30, 2012, for 
     the acceleration and completion of child development center 
     construction as proposed in the fiscal year 2009 budget 
     request for the Department of the Air Force: Provided, That 
     such funds may be obligated and expended to carry out 
     planning and design and military construction not otherwise 
     authorized by law.
       Sec. 1304. 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 the Army 
     installations: Provided, That 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 shall submit to the Committees on Appropriations of 
     both Houses of Congress an expenditure plan for barracks 
     construction prior to obligation.
       Sec. 1305. Collection of Certain Indebtedness of Members of 
     the Armed Forces and Veterans Who Die of Injury Incurred or 
     Aggravated in Service in the Line of Duty in a Combat Zone. 
     (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''.

[[Page S4529]]

                               CHAPTER 4

     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'', $1,413,700,000, to remain available until 
     September 30, 2009, of which $212,400,000 for worldwide 
     security protection is available until expended: Provided, 
     That not more than $1,095,000,000 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: Provided further, That of the funds 
     appropriated under this heading, up to $5,000,000 shall be 
     made available to establish a United States Consulate in 
     Lhasa, Tibet: Provided further, That the Department of State 
     shall not consent to the opening of a consular post in the 
     United States by the People's Republic of China until such 
     time as a United States Consulate in Lhasa, Tibet is 
     established.


                      Office Of Inspector General

                     (Including Transfer of Funds)

       For an additional amount for ``Office of Inspector 
     General'', $12,500,000, 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 up to $5,000,000 may be 
     transferred to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight.


               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

       For an additional amount for ``Educational and Cultural 
     Exchange Programs'', $10,000,000, to remain available until 
     September 30, 2009, of which $5,000,000 shall be for programs 
     and activities in Africa, and $5,000,000 shall be for 
     programs and activities in the Western Hemisphere.


            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'', $383,600,000, 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'', $3,000,000, 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'', $240,000,000, 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'', 
     $149,500,000, 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'', 
     $1,962,500,000, to remain available until September 30, 2009, 
     of which not more than $398,000,000 may be made available for 
     assistance for Iraq, $150,000,000 shall be made available for 
     assistance for Jordan to meet the needs of Iraqi refugees, 
     and up to $53,000,000 may be made available for energy-
     related assistance for North Korea, notwithstanding any other 
     provision of law: Provided, That not more than $200,000,000 
     of the funds appropriated under this heading in this 
     subchapter shall be made available for assistance for the 
     West Bank: Provided further, That funds made available 
     pursuant to the previous proviso shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations: 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'', $520,000,000, 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: Provided, 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.


                    Migration and Refugee Assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $330,500,000, 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'', $36,608,000, to 
     remain available until expended.


    Nonproliferation, Anti-Terrorism, Demining and Related Programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $10,000,000, to 
     remain available until September 30, 2009.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                        Peacekeeping Operations

       For an additional amount for ``Peacekeeping Operations'', 
     $10,000,000, to remain available until September 30, 2009.

     Subchapter B--Bridge Fund 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'', $652,400,000, 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 $500,000,000 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 up to $5,000,000 shall be 
     transferred to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight.


            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

       For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', $41,300,000, which shall 
     become available on October 1, 2008 and remain available 
     until expended, for facilities in Afghanistan.

                      International Organizations


              Contributions to International Organizations

       For an additional amount for ``Contributions to 
     International Organizations'', $75,000,000, which shall 
     become available on October 1, 2008 and remain available 
     through September 30, 2009.


        Contributions for International Peacekeeping Activities

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $150,500,000, which 
     shall become available on October 1, 2008 and remain 
     available through September 30, 2009.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 INTERNATIONAL BROADCASTING OPERATIONS

       For an additional amount for ``International Broadcasting 
     Operations'', $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

[[Page S4530]]

     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'', 
     $1,132,300,000, which shall become available on October 1, 
     2008 and remain available through September 30, 2009, of 
     which not more than $110,000,000 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 $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'', $151,000,000, which shall 
     become available on October 1, 2008 and remain available 
     through September 30, 2009, of which not more than 
     $50,000,000 shall be made available for security assistance 
     for the West Bank.


                    Migration and Refugee Assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $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'', $145,000,000, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2009, of which $100,000,000 shall be made available for 
     assistance for Jordan: Provided, That section 3802(c) of 
     title III, chapter 8 of Public of Law 110-28 shall apply to 
     funds made available under this heading for assistance for 
     Lebanon.


                        Peacekeeping Operations

       For an additional amount for ``Peacekeeping Operations'', 
     $85,000,000, which shall become available on October 1, 2008 
     and remain available through September 30, 2009.

             Subchapter C--General Provisions--This Chapter


                        Extension of Authorities

       Sec. 1401. Funds appropriated by this chapter may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672 (22 U.S.C. 2412), section 15 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
     section 313 of the Foreign Relations Authorization Act, 
     Fiscal Year 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.--None 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 certifies and 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.--None 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) Subsection (e)(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.
       (f) Vetting.--Prior to the initial obligation of funds 
     appropriated for assistance for Iraq in this chapter, the 
     Secretary of State shall, in consultation with the heads of 
     other Federal departments and agencies, take appropriate 
     steps to ensure that such funds are not provided to or 
     through any individual, private entity, or educational 
     institution that the Secretary knows or has reason to believe 
     advocates, plans, sponsors, or engages in, terrorist 
     activities.
       (g) Iraq Relief and Reconstruction Fund.--
       (1) Notwithstanding any other provision of law, the expired 
     balances of funds appropriated or otherwise made available 
     under the heading ``Iraq Relief and Reconstruction Fund'' in 
     prior Acts making appropriations for foreign operations, 
     export financing, and related programs shall be rescinded.
       (2) None of the funds made available under the heading 
     ``Iraq Relief and Reconstruction Fund'' in prior Acts making 
     appropriations for foreign operations, export financing, and 
     related programs may be reprogrammed for any purpose other 
     than that previously notified to the Committees on 
     Appropriations prior to April 30, 2008, and none of such 
     funds may be made available to initiate any new projects or 
     activities.
       (3) Not later than 30 days after enactment of this Act, the 
     Secretary of State shall report to the Committees on 
     Appropriations on the balances of obligated funds referenced 
     in subsection (g)(1), and estimates of the amount of funds 
     required to close out ongoing projects or for outstanding 
     claims.

[[Page S4531]]

                              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) Civilian Assistance.--Of the funds appropriated by this 
     chapter under the heading ``Economic Support Fund'' that are 
     available for assistance for Afghanistan, not less than 
     $10,000,000 shall be made available for continued support of 
     the United States Agency for International Development's 
     Afghan Civilian Assistance Program, and 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.


            Waiver of Certain Sanctions Against North Korea

       Sec. 1404. (a) Annual 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 under section 
     102(b) of the Arms Export Control Act (22 U.S.C. 2799aa-
     1(b)), for the purpose of--
       (A) assisting in 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) promoting the elimination of the capability of North 
     Korea to develop, deploy, transfer, or maintain weapons of 
     mass destruction and their delivery systems.
       (2) Duration of waiver.--Any waiver issued under this 
     subsection shall expire at the end of the calendar year in 
     which it is issued.
       (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), (C), 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.
       (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.
       (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. 1405. (a) Assistance for Mexico.--Of the funds 
     appropriated in subchapter A under the heading 
     ``International Narcotics Control and Law Enforcement'', not 
     more than $350,000,000 may be made available for assistance 
     for Mexico, only to combat drug trafficking and related 
     violence and organized crime, and for judicial reform, 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 none of the funds made available under this 
     section shall be available for obligation until the Secretary 
     of State determines and reports to the Committees on 
     Appropriations that vetting procedures are in place to ensure 
     that members and units of the Mexican military and police 
     forces that receive assistance pursuant to this section have 
     not been involved in human rights violations or corrupt acts.
       (b) Allocation of Funds.--Twenty-five percent of the funds 
     made available by subchapter A for assistance for Mexico 
     under the heading ``International Narcotics Control and Law 
     Enforcement'' may be obligated only after the Secretary of 
     State determines and reports to the Committees on 
     Appropriations that:
       (1) The Government of Mexico is--
       (A) strengthening the legal authority and independence of 
     the National Human Rights Commission;
       (B) establishing police complaints commissions with 
     authority and independence to receive complaints and carry 
     out effective investigations;
       (C) establishing an independent mechanism, with 
     representation from civil society, to monitor programs to 
     combat drug trafficking and related violence and organized 
     crime, judicial reform, anti-corruption, and rule of law 
     activities to ensure due process and the protection of 
     freedoms of expression, association, and assembly, and rights 
     of privacy, in accordance with Mexican and international law;
       (D) is enforcing the prohibition on the use of testimony 
     obtained through torture or other ill-treatment in violation 
     of Mexican and international law;
       (E) is ensuring that the Mexican military justice system is 
     transferring all cases involving allegations of human rights 
     violations by military personnel to civilian prosecutors and 
     judicial authorities, and that the armed forces are fully 
     cooperating with civilian prosecutors and judicial 
     authorities in prosecuting and punishing in civilian courts 
     members of the armed forces who have been credibly alleged to 
     have committed such violations; and
       (F) is ensuring that federal and state police forces are 
     fully cooperating with prosecutors and judicial authorities 
     in prosecuting and punishing members of the police forces who 
     have been credibly alleged to have committed violations of 
     human rights.
       (2) Civilian prosecutors and judicial authorities are 
     investigating, prosecuting and punishing members of the 
     Mexican military and police forces who have been credibly 
     alleged to have committed human rights violations.
       (c) Exception.--Notwithstanding subsection (b), of the 
     funds made available for assistance for Mexico pursuant to 
     this section, $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, and $5,000,000 should 
     be made available to the Bureau of Alcohol, Tobacco, Firearms 
     and Explosives to deploy special agents in Mexico to support 
     Mexican law enforcement agencies in tracing seized firearms 
     and investigating firearms trafficking cases.
       (d) Report.--The report required in subsection (b) shall 
     include a description of actions taken with respect to each 
     requirement specified in subsection (b) 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 in 
     subchapter A shall be subject to the regular notification 
     procedures of the

[[Page S4532]]

     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 in subchapter A, which shall include a 
     strategy for combating drug trafficking and related violence 
     and organized crime, judicial reform, preventing corruption, 
     and strengthening the rule of law, with concrete goals, 
     actions to be taken, budget proposals, and anticipated 
     results.
       (g) Consultation.--Not later than 90 days after the date of 
     the enactment of this Act, and every 120 days thereafter 
     until September 30, 2010, the Secretary of State shall 
     consult with Mexican and internationally recognized human 
     rights organizations on progress in meeting the requirements 
     described in subsection (b).


                            CENTRAL AMERICA

       Sec. 1406. (a) Assistance for the Countries of Central 
     America.--Of the funds appropriated in subchapter A under the 
     headings ``International Narcotics Control and Law 
     Enforcement'' and ``Economic Support Fund'', not more than 
     $100,000,000 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, anti-
     corruption, and rule of law activities: Provided, That of the 
     funds appropriated under the heading ``Economic Support 
     Fund'', $40,000,000 shall be made available through the 
     United States Agency for International Development for an 
     Economic and Social Development Fund for Central America: 
     Provided further, That of the funds made available pursuant 
     to this section, $5,000,000 shall be made available for 
     assistance for Haiti and $5,000,000 shall be made available 
     for assistance for the Dominican Republic: Provided further, 
     That of the funds made available pursuant to this section 
     that are available for assistance for Guatemala, not less 
     than $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, with the exception of the first and 
     third provisos in this section, none of the funds shall be 
     available for obligation until the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that vetting procedures are in place to ensure that members 
     and units of the military and police forces of the countries 
     of Central America, Haiti and the Dominican Republic that 
     receive assistance pursuant to this section have not been 
     involved in human rights violations or corrupt acts.
       (b) Allocation of Funds.--Twenty-five percent of the funds 
     made available by subchapter A for assistance for the 
     countries of Central America, Haiti and the Dominican 
     Republic under the heading ``International Narcotics Control 
     and Law Enforcement'' may be obligated only after the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that the government of such country is--
       (1) establishing a police complaints commission 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) suspending, prosecuting and punishing members of the 
     military and police forces who have been credibly alleged to 
     have committed violations of human rights and corrupt acts.
       (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 
     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, preventing corruption, and 
     strengthening the rule of law, with concrete goals, actions 
     to be taken, budget proposals and anticipated results.
       (f) Consultation.--Not later than 90 days after the date of 
     enactment of this Act and every 120 days thereafter until 
     September 30, 2010, the Secretary of State shall consult with 
     internationally recognized human rights organizations, and 
     human rights organizations in the countries of Central 
     America, Haiti and the Dominican Republic receiving 
     assistance pursuant to this section, on progress in meeting 
     the requirements described in subsection (b).
       (g) Definition.--For the purposes of this section, the term 
     ``countries of Central America'' means Belize, Costa Rica, El 
     Salvador, Guatemala, Honduras, Nicaragua, and Panama.


                          TECHNICAL PROVISIONS

       Sec. 1407. (a) Administrative Expenses.--Of the funds 
     appropriated or otherwise made available under the heading 
     ``Economic Support Fund'' by title III of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2008 (division J of Public Law 110-161), 
     up to $7,800,000 may be made available, in addition to 
     amounts otherwise available for such purposes, for 
     administrative expenses of the United States Agency for 
     International Development for alternative development 
     programs in the Andean region of South America. These funds 
     may be used to reimburse funds appropriated under the heading 
     ``Operating Expenses of the United States Agency for 
     International Development'' for obligations incurred for the 
     purposes provided under this section prior to enactment of 
     this Act.
       (b) Authority.--Funds appropriated or otherwise made 
     available by title III of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008 
     (division J of Public Law 110-161) under the heading 
     ``Economic Support Fund'' that are available for a 
     competitively awarded grant for nuclear security initiatives 
     relating to North Korea shall be made available 
     notwithstanding any other provision of law.
       (c) Extension of Authority.--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 vet members and 
     units of Mexican military and police forces that receive 
     assistance made available by this Act and to monitor the uses 
     of such assistance.
       (d) Reimbursements.--Any agreement for the transfer or 
     allocation of funds appropriated by this Act, or prior Acts, 
     entered into between the United States Agency for 
     International Development and another agency of the United 
     States Government under the authority of section 632(a) of 
     the Foreign Assistance Act of 1961 or any comparable 
     provision of law, shall include the provision of sufficient 
     funds to fully reimburse the United States Agency for 
     International Development for the administrative costs, 
     including the cost of direct hire personnel, incurred in 
     implementing and managing the programs and activities under 
     such transfer or allocation. Such funds transferred or 
     allocated to the United States Agency for International 
     Development for administrative costs shall be transferred to 
     and merged with ``Operating Expenses of the United States 
     Agency for International Development''.
       (e) Exception.--Section 8002 of title VIII of this Act 
     shall not apply to this section.
       (f) Spending Authority.--Funds made available by this 
     chapter may be expended notwithstanding section 699K of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2008 (division J of Public Law 110-161).


                    BUYING POWER MAINTENANCE ACCOUNT

                     (including transfer 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.''.


                                 SERBIA

       Sec. 1409. (a) Of the funds made available for assistance 
     for Serbia 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 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 transferred to, and merged 
     with, funds provided under the heading ``Embassy Security, 
     Construction, and Maintenance'' to be used for necessary 
     repairs or future construction.

[[Page S4533]]

       (b) The requirements of subsection (a) shall not apply if 
     the Secretary of State certifies to the Committees on 
     Appropriations that the Government of Serbia has provided 
     full compensation to the Department of State for damages to 
     the United States Embassy in Belgrade, Serbia resulting from 
     the February 21, 2008 attack on such Embassy.
       (c) Section 8002 of title VIII of this Act shall not apply 
     to this section.


                              Rescissions

                        (Including 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) Mexico.--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, notwithstanding section 1402(g) of this Act.
       (d) Horn of Africa.--
       (1) For an additional amount for ``Economic Support Fund'', 
     $40,000,000 for programs to promote development and counter 
     extremism in the Horn of Africa, to be administered by the 
     United States Agency for International Development, and to 
     remain available until September 30, 2009.
       (2) 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, $40,000,000 are rescinded, notwithstanding 
     section 1402(g) of this Act.
       (e) Exception.--Section 8002 of title VIII 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 or lease helicopters necessary to 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 effect such transfer or lease, 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 authority 
     of section 506 of the Foreign Assistance Act pursuant to this 
     section may include the authority to acquire helicopters by 
     contract.


                FOOD SECURITY AND CYCLONE NARGIS RELIEF

                    (INCLUDING RESCISSION OF FUNDS)

       Sec. 1412. (a) For an additional amount for ``International 
     Disaster Assistance'', $225,000,000, to address the 
     international food crisis globally and for assistance for 
     Burma to address the effects of Cyclone Nargis: Provided, 
     That not less than $125,000,000 should be made available for 
     the local or regional purchase and distribution of food to 
     address the international food crisis: Provided further, That 
     notwithstanding any other provision of law, none of the funds 
     appropriated under this heading may be made available for 
     assistance for the State Peace and Development Council.
       (b) Of the unexpended balances of funds appropriated under 
     the heading ``Millennium Challenge Corporation'' in prior 
     Acts making appropriations for foreign operations, export 
     financing and related programs, $225,000,000 are rescinded.
       (c) Section 8002 of title VIII of this Act shall not apply 
     to this section.


                                 JORDAN

                    (INCLUDING RESCISSION OF FUNDS)

       Sec. 1413. (a) For an additional amount for ``Economic 
     Support Fund'' for assistance for Jordan, $100,000,000, to 
     remain available until September 30, 2009.
       (b) For an additional amount for ``Foreign Military 
     Financing Program'' for assistance for Jordan, $200,000,000, 
     to remain available until September 30, 2009.
       (c) Of the unexpended balances of funds appropriated under 
     the heading ``Millennium Challenge Corporation'' in prior 
     Acts making appropriations for foreign operations, export 
     financing, and related programs, $300,000,000 are rescinded.
       (d) Section 8002 of title VIII 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 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 statement 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).

                                TITLE II

                            DOMESTIC MATTERS

                               CHAPTER 1

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       For an additional amount for salaries and expenses of the 
     Food and Drug Administration, $265,000,000, to remain 
     available until September 30, 2009: Provided, That of the 
     amount provided: (1) $119,000,000 shall be for the Center for 
     Food Safety and Applied Nutrition and related field 
     activities in the Office of Regulatory Affairs; (2) 
     $48,500,000 shall be for the Center for Drug Evaluation and 
     Research and related field activities in the Office of 
     Regulatory Affairs; (3) $23,500,000 shall be for the Center 
     for Biologics Evaluation and Research and related field 
     activities in the Office of Regulatory Affairs; (4) 
     $10,700,000 shall be for the Center for Veterinary Medicine 
     and related field activities in the Office of Regulatory 
     Affairs; (5) $35,500,000 shall be for the Center for Devices 
     and Radiological Health and related field activities in the 
     Office of Regulatory Affairs; (6) $6,000,000 shall be for the 
     National Center for Toxicological Research; and (7) 
     $21,800,000 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.


                        BUILDINGS AND FACILITIES

       For an additional amount for plans, construction, repair, 
     improvement, extension, alteration, and purchase of fixed 
     equipment or facilities of or used by the Food and Drug 
     Administration, where not otherwise provided, $10,000,000, to 
     remain available until expended.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census


                     periodic censuses and programs

       For an additional amount for ``Periodic Censuses and 
     Programs'', $210,000,000, to remain available until expended, 
     for necessary

[[Page S4534]]

     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 $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

                     United States Marshals Service


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $50,000,000 for the United States Marshals Service to 
     implement and enforce the Adam Walsh Child Protection and 
     Safety Act (Public Law 109-248) to track down and arrest non-
     compliant sex offenders.

                         Federal Prison System


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $178,000,000, to remain available until September 30, 2008.

                       Office of Justice Programs


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

       For an additional amount for the Edward Byrne Memorial 
     Justice Assistance Grant program as authorized by subpart 1 
     of part E of title I of Omnibus Crime Control and Safe Street 
     Act of 1968 (``1968 Act''), (except that section 1001(c), and 
     the special rules for Puerto Rico under section 505(g), of 
     the 1968 Act, shall not apply for purposes of this Act), 
     $490,000,000, to remain available until September 30, 2008.
       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', $100,000,000 for competitive grants 
     to provide assistance and equipment to local law enforcement 
     along the Southern border and in High-Intensity Drug 
     Trafficking Areas to combat criminal narcotic activity 
     stemming from the Southern border, of which $10,000,000 shall 
     be for the ATF Project Gunrunner.

                                SCIENCE

             National Aeronautics and Space Administration


                            RETURN TO FLIGHT

       For necessary expenses, not otherwise provided for, in 
     carrying out return to flight activities associated with the 
     space shuttle and activities from which funds were 
     transferred to accommodate return to flight activities, 
     $200,000,000.

                      National Science Foundation


                    RESEARCH AND RELATED ACTIVITIES

       For additional expenses in carrying out the National 
     Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
     1875), $150,000,000.


                     EDUCATION AND HUMAN RESOURCES

       For additional expenses in carrying out science and 
     engineering education and human resources programs and 
     activities pursuant to the National Science Foundation Act of 
     1950, as amended (42 U.S.C. 1861-1875), $50,000,000.

                               CHAPTER 3

                          DEPARTMENT OF ENERGY

                   Non-Defense Environmental Cleanup

       For an additional amount for ``Non-Defense Environmental 
     Cleanup'', $5,000,000, to remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For an additional amount for ``Uranium Enrichment 
     Decontamination and Decommissioning Fund'', $52,000,000, to 
     remain available until expended.

                                Science

       For an additional amount for ``Science'', $100,000,000, to 
     remain available until expended.

               Environmental and Other Defense Activities


                     DEFENSE ENVIRONMENTAL CLEANUP

       For an additional amount for ``Defense Environmental 
     Cleanup'', $243,000,000, to remain available until expended.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2301. Incentives for Additional Downblending of Highly 
     Enriched Uranium by the Russian Federation. The USEC 
     Privatization Act (42 U.S.C. 2297h et seq.) is amended--
       (1) in section 3102, by striking ``For purposes'' and 
     inserting ``Except as provided in section 3112A, for 
     purposes'';
       (2) in section 3112(a), by striking ``The Secretary'' and 
     inserting ``Except as provided in section 3112A(d), the 
     Secretary''; and
       (3) by inserting after section 3112 the following:

     ``SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF 
                   HIGHLY ENRICHED URANIUM BY THE RUSSIAN 
                   FEDERATION.

       ``(a) Definitions.--In this section:
       ``(1) Completion of the russian heu agreement.--The term 
     `completion of the Russian HEU Agreement' means the 
     importation into the United States from the Russian 
     Federation pursuant to the Russian HEU Agreement of uranium 
     derived from the downblending of not less than 500 metric 
     tons of highly enriched uranium of weapons origin.
       ``(2) Downblending.--The term `downblending' means 
     processing highly enriched uranium into a uranium product in 
     any form in which the uranium contains less than 20 percent 
     uranium-235.
       ``(3) Highly enriched uranium.--The term `highly enriched 
     uranium' has the meaning given that term in section 3102(4).
       ``(4) Highly enriched uranium of weapons origin.--The term 
     `highly enriched uranium of weapons origin' means highly 
     enriched uranium that--
       ``(A) contains 90 percent or more uranium-235; and
       ``(B) is verified by the Secretary of Energy to be of 
     weapons origin.
       ``(5) Low-enriched uranium.--The term `low-enriched 
     uranium' means a uranium product in any form, including 
     uranium hexafluoride (UF6) and uranium oxide 
     (UO2), in which the uranium contains less than 20 
     percent uranium-235, without regard to whether the uranium is 
     incorporated into fuel rods or complete fuel assemblies.
       ``(6) Russian heu agreement.--The term `Russian HEU 
     Agreement' has the meaning given that term in section 
     3102(11).
       ``(7) Uranium-235.--The term `uranium-235' means the 
     isotope \235\U.
       ``(b) Statement of Policy.--It is the policy of the United 
     States to support the continued downblending of highly 
     enriched uranium of weapons origin in the Russian Federation 
     in order to protect the essential security interests of the 
     United States with respect to the nonproliferation of nuclear 
     weapons.
       ``(c) Promotion of Downblending of Russian Highly Enriched 
     Uranium.--
       ``(1) Incentives for the completion of the russian heu 
     agreement.--Prior to the completion of the Russian HEU 
     Agreement, the importation into the United States of low-
     enriched uranium, including low-enriched uranium obtained 
     under contracts for separative work units, that is produced 
     in the Russian Federation and is not imported pursuant to the 
     Russian HEU Agreement may not exceed the following amounts:
       ``(A) In each of the calendar years 2008 and 2009, not more 
     than 22,500 kilograms.
       ``(B) In each of the calendar years 2010 and 2011, not more 
     than 45,000 kilograms.
       ``(C) In calendar year 2012 and each calendar year 
     thereafter through the calendar year of the completion of the 
     Russian HEU Agreement, not more than 67,500 kilograms.
       ``(2) Incentives to continue downblending russian highly 
     enriched uranium after the completion of the russian heu 
     agreement.--
       ``(A) In general.--In each calendar year beginning after 
     the calendar year of the completion of the Russian HEU 
     Agreement and before the termination date described in 
     paragraph (8), the importation into the United States of low-
     enriched uranium, including low-enriched uranium obtained 
     under contracts for separative work units, that is produced 
     in the Russian Federation, whether or not such low-enriched 
     uranium is derived from highly enriched uranium of weapons 
     origin, may not exceed 400,000 kilograms.
       ``(B) Additional imports.--
       ``(i) In general.--In addition to the amount authorized to 
     be imported under subparagraph (A) and except as provided in 
     clause (ii), 20 kilograms of low-enriched uranium, whether or 
     not such low-enriched uranium is derived from highly enriched 
     uranium of weapons origin, may be imported for every 3 
     kilograms of Russian highly enriched uranium of weapons 
     origin that was downblended in the preceding calendar year, 
     subject to the verification of the Secretary of Energy under 
     paragraph (10).
       ``(ii) Maximum annual imports.--Not more than 200,000 
     kilograms of low-enriched uranium may be imported in a 
     calendar year under clause (i).
       ``(3) Exception with respect to initial cores.--The import 
     limitations described in paragraphs (1) and (2) shall not 
     apply to low-enriched uranium produced in the Russian 
     Federation that is imported into the United States for use in 
     the initial core of a new nuclear reactor.
       ``(4) Annual adjustment.--
       ``(A) In general.--Beginning in the second calendar year 
     after the calendar year of the completion of the Russian HEU 
     Agreement, the Secretary of Energy shall increase or decrease 
     the amount of low-enriched uranium that may be imported in a 
     calendar year under paragraph (2) (including the amount of 
     low-enriched uranium that may be imported for each kilogram 
     of highly enriched uranium downblended under paragraph 
     (2)(B)(i)) by a percentage equal to the percentage increase 
     or decrease, as the case may be, in the average amount of 
     uranium loaded into nuclear power reactors in the United 
     States in the most recent 3-calendar-year period for which 
     data are available, as reported by the Energy Information 
     Administration of the Department of Energy, compared to the 
     average amount of uranium loaded into such reactors during 
     the 3-calendar-year period beginning on January 1, 2011, as 
     reported by the Energy Information Administration.
       ``(B) Publication of adjustments.--As soon as practicable, 
     but not later than July 31 of each calendar year, the 
     Secretary of Energy shall publish in the Federal Register the 
     amount of low-enriched uranium that may be imported in the 
     current calendar year after the adjustment under subparagraph 
     (A).
       ``(5) Authority for additional adjustment.--In addition to 
     the annual adjustment under paragraph (4), the Secretary of 
     Commerce may adjust the import limitations

[[Page S4535]]

     under paragraph (2)(A) for a calendar year if the Secretary--
       ``(A) in consultation with the Secretary of Energy, 
     determines that the available supply of low-enriched uranium 
     from the Russian Federation and the available stockpiles of 
     uranium of the Department of Energy are insufficient to meet 
     demand in the United States in the following calendar year; 
     and
       ``(B) notifies Congress of the adjustment not less than 45 
     days before making the adjustment.
       ``(6) Equivalent quantities of low-enriched uranium 
     imports.--
       ``(A) In general.--The import limitations described in 
     paragraphs (1) and (2) are expressed in terms of uranium 
     containing 4.4 percent uranium-235 and a tails assay of 0.3 
     percent.
       ``(B) Adjustment for other uranium.--Imports of low-
     enriched uranium under paragraphs (1) and (2) shall count 
     against the import limitations described in such paragraphs 
     in amounts calculated as the quantity of low-enriched uranium 
     containing 4.4 percent uranium-235 necessary to equal the 
     total amount of uranium-235 contained in such imports.
       ``(7) Downblending of other highly enriched uranium.--
       ``(A) In general.--The downblending of highly enriched 
     uranium not of weapons origin may be counted for purposes of 
     paragraph (2)(B) or (8)(B), subject to verification under 
     paragraph (10), if the Secretary of Energy determines that 
     the highly enriched uranium to be downblended poses a risk to 
     the national security of the United States.
       ``(B) Equivalent quantities of highly enriched uranium.--
     For purposes of determining the additional low-enriched 
     uranium imports allowed under paragraph (2)(B) and for 
     purposes of paragraph (8)(B), highly enriched uranium not of 
     weapons origin downblended pursuant to subparagraph (A) shall 
     count as downblended highly enriched uranium of weapons 
     origin in amounts calculated as the quantity of highly 
     enriched uranium containing 90 percent uranium-235 necessary 
     to equal the total amount of uranium-235 contained in the 
     highly enriched uranium not of weapons origin downblended 
     pursuant to subparagraph (A).
       ``(8) Termination of import restrictions after downblending 
     of an additional 300 metric tons of highly enriched 
     uranium.--The provisions of this subsection shall terminate 
     on the later of--
       ``(A) December 31, 2020; or
       ``(B) the date on which the Secretary of Energy certifies 
     to Congress that, after the completion of the Russian HEU 
     Agreement, not less than an additional 300 metric tons of 
     Russian highly enriched uranium of weapons origin have been 
     downblended.
       ``(9) Special rule if importation under russian heu 
     agreement terminates early.--Notwithstanding any other 
     provision of law, no low-enriched uranium produced in the 
     Russian Federation that is not derived from highly enriched 
     uranium of weapons origin, including low-enriched uranium 
     obtained under contracts for separative work units, may be 
     imported into the United States if, before the completion of 
     the Russian HEU Agreement, the Secretary of Energy determines 
     that the Russian Federation has taken deliberate action to 
     disrupt or halt the importation into the United States of 
     low-enriched uranium under the Russian HEU Agreement.
       ``(10) Technical verifications by secretary of energy.--
       ``(A) In general.--The Secretary of Energy shall verify the 
     origin, quantity, and uranium-235 content of the highly 
     enriched uranium downblended for purposes of paragraphs 
     (2)(B), (7), and (8)(B).
       ``(B) Methods of verification.--In conducting the 
     verification required under subparagraph (A), the Secretary 
     of Energy shall employ the transparency measures provided for 
     in the Russian HEU Agreement for monitoring the downblending 
     of Russian highly enriched uranium of weapons origin and such 
     other methods as the Secretary determines appropriate.
       ``(11) Enforcement of import limitations.--The Secretary of 
     Commerce shall be responsible for enforcing the import 
     limitations imposed under this subsection and shall enforce 
     such import limitations in a manner that imposes a minimal 
     burden on the commercial nuclear industry.
       ``(12) Effect on other agreements.--
       ``(A) Russian heu agreement.--Nothing in this section shall 
     be construed to modify the terms of the Russian HEU 
     Agreement, including the provisions of the Agreement relating 
     to the amount of low-enriched uranium that may be imported 
     into the United States.
       ``(B) Other agreements.--If a provision of any agreement 
     between the United States and the Russian Federation, other 
     than the Russian HEU Agreement, relating to the importation 
     of low-enriched uranium into the United States conflicts with 
     a provision of this section, the provision of this section 
     shall supersede the provision of the agreement to the extent 
     of the conflict.
       ``(d) Downblending of Highly Enriched Uranium in the United 
     States.--The Secretary of Energy may sell uranium in the 
     jurisdiction of the Secretary, including downblended highly 
     enriched uranium, at fair market value to a licensed operator 
     of a nuclear reactor in the United States--
       ``(1) in the event of a disruption in the nuclear fuel 
     supply in the United States; or
       ``(2) after a determination of the Secretary under 
     subsection (c)(9) that the Russian Federation has taken 
     deliberate action to disrupt or halt the importation into the 
     United States of low-enriched uranium under the Russian HEU 
     Agreement.''.

                               CHAPTER 4

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2401. Veterans Business Resource Centers. There are 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2008, 
     $600,000 for the ``Salaries and Expenses'' account of the 
     Small Business Administration, for grants in the amount of 
     $200,000 to veterans business resource centers that received 
     grants from the National Veterans Business Development 
     Corporation in fiscal years 2006 and 2007.

                               CHAPTER 5

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2501. For fiscal year 2008, there is appropriated 
     $400,000,000, to remain available until December 31, 2008, 
     for payments described in sections 101, 102(b)(3), and 
     103(b)(2) of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (Public Law 106-393).

                               CHAPTER 6

                          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

               Centers for Disease Control and Prevention


                DISEASE CONTROL, RESEARCH, AND TRAINING

       For an additional amount for ``Disease Control, Research, 
     and Training'', $26,000,000, for the prevention of and 
     response to medical errors including research, education and 
     outreach activities; of which no less than $5,000,000 shall 
     be for responding to outbreaks of communicable diseases 
     related to the re-use of syringes in outpatient clinics, 
     including reimbursement of local health departments for 
     testing and genetic sequencing of persons potentially 
     exposed.

                     National Institutes of Health


                         OFFICE OF THE DIRECTOR

                     (including transfer of funds)

       For an additional amount for ``Office of the Director, 
     National Institutes of Health'', $400,000,000.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2601. In addition to amounts otherwise made available 
     for fiscal year 2008, there are appropriated, out of any 
     money in the Treasury not otherwise appropriated, 
     $1,000,000,000 for fiscal year 2008, for making payments 
     under the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8623).
       Sec. 2602. Report on the Impact of Past and Future Minimum 
     Wage Increases. (a) In General.--Section 8104 of the U.S. 
     Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28; 
     121 Stat. 189) is amended to read as follows:

     ``SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM 
                   WAGE INCREASES.

       ``(a) Study.--Beginning on the date that is 60 days after 
     the date of enactment of this Act, and every year thereafter 
     until the minimum wage in the respective territory is $7.25 
     per hour, the Government Accountability Office shall conduct 
     a study to--
       ``(1) assess the impact of the minimum wage increases that 
     occurred in American Samoa and the Commonwealth of the 
     Northern Mariana Islands in 2007 and 2008, as required under 
     Public Law 110-28, on the rates of employment and the living 
     standards of workers, with full consideration of the other 
     factors that impact rates of employment and the living 
     standards of workers such as inflation in the cost of food, 
     energy, and other commodities; and
       ``(2) estimate the impact of any further wage increases on 
     rates of employment and the living standards of workers in 
     American Samoa and the Commonwealth of the Northern Mariana 
     Islands, with full consideration of the other factors that 
     may impact the rates of employment and the living standards 
     of workers, including assessing how the profitability of 
     major private sector firms may be impacted by wage increases 
     in comparison to other factors such as energy costs and the 
     value of tax benefits.
       ``(b) Report.--No earlier than March 15, 2009, and not 
     later than April 15, 2009, the Government Accountability 
     Office shall transmit its first report to Congress concerning 
     the findings of the study required under subsection (a). The 
     Government Accountability Office shall transmit any 
     subsequent reports to Congress concerning the findings of a 
     study required by subsection (a) between March 15 and April 
     15 of each year.
       ``(c) Economic Information.--To provide sufficient economic 
     data for the conduct of the study under subsection (a)--
       ``(1) the Department of Labor shall include and separately 
     report on American Samoa

[[Page S4536]]

     and the Commonwealth of the Northern Mariana Islands in its 
     household surveys and establishment surveys;
       ``(2) the Bureau of Economic Analysis of the Department of 
     Commerce shall include and separately report on American 
     Samoa and the Commonwealth of the Northern Mariana Islands in 
     its gross domestic product data; and
       ``(3) the Bureau of the Census of the Department of 
     Commerce shall include and separately report on American 
     Samoa and the Commonwealth of the Northern Mariana Islands in 
     its population estimates and demographic profiles from the 
     American Community Survey,

     with the same regularity and to the same extent as the 
     Department or each Bureau collects and reports such data for 
     the 50 States. In the event that the inclusion of American 
     Samoa and the Commonwealth of the Northern Mariana Islands in 
     such surveys and data compilations requires time to structure 
     and implement, the Department of Labor, the Bureau of 
     Economic Analysis, and the Bureau of the Census (as the case 
     may be) shall in the interim annually report the best 
     available data that can feasibly be secured with respect to 
     such territories. Such interim reports shall describe the 
     steps the Department or the respective Bureau will take to 
     improve future data collection in the territories to achieve 
     comparability with the data collected in the United States. 
     The Department of Labor, the Bureau of Economic Analysis, and 
     the Bureau of the Census, together with the Department of the 
     Interior, shall coordinate their efforts to achieve such 
     improvements.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of enactment of this Act.

                               CHAPTER 7

                             RELATED AGENCY

                  American Battle Monuments Commission


                 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

       For an additional amount for ``Foreign Currency 
     Fluctuations Account'', $10,000,000, to remain available 
     until expended, for purposes authorized by section 2109 of 
     title 36, United States Code.

                               TITLE III

        HURRICANES KATRINA AND RITA, AND OTHER NATURAL DISASTERS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency


                     EMERGENCY CONSERVATION PROGRAM

       For the purposes of carrying out the Emergency Conservation 
     Program, there is hereby appropriated $49,413,000, to remain 
     available until expended.

                 Natural Resources Conservation Service


               WATERSHED AND FLOOD PREVENTION OPERATIONS

       For an additional amount for ``Watershed and Flood 
     Prevention Operations'', for emergency recovery operations, 
     $130,464,000, to remain available until expended.

                    GENERAL PROVISION--THIS CHAPTER


                         (including rescission)

       Sec. 3101. Of the funds made available in the second 
     paragraph under the heading ``Rural Utilities Service, Rural 
     Electrification and Telecommunications Loans Program 
     Account'' in chapter 1 of division B 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; 119 Stat. 2746), the Secretary may 
     use an amount not to exceed $1,000,000 of remaining 
     unobligated funds for the cost of loan modifications to rural 
     electric loans made or guaranteed under the Rural 
     Electrification Act of 1936, to respond to damage caused by 
     any weather related events since Hurricane Katrina, to remain 
     available until expended: Provided, That $1,000,000 of the 
     remaining unobligated funds under such paragraph are 
     rescinded.

                               CHAPTER 2

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration


                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

       For an additional amount for economic development 
     assistance as provided by section 3082(a) of the Water 
     Resources Development Act of 2007 (Public Law 110-114), 
     $75,000,000.

            National Oceanic and Atmospheric Administration


                  OPERATIONS, RESEARCH, AND FACILITIES

       For an additional amount for ``Operations, Research, and 
     Facilities'' for necessary expenses related to economic 
     impacts associated with commercial fishery failures, fishery 
     resource disasters, and regulations on commercial fishing 
     industries, $75,000,000.

                         DEPARTMENT OF JUSTICE

                       Office of Justice Programs


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', for discretionary grants authorized 
     by subpart 2 of part E, of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 as in effect on 
     September 30, 2006, $75,000,000: Provided, That the amount 
     made available under this heading shall be for local law 
     enforcement initiatives in the Gulf Coast region related to 
     the aftermath of Hurricane Katrina.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                              CONSTRUCTION

       For an additional amount for ``Construction'' for necessary 
     expenses related to the consequences of Hurricane Katrina and 
     other hurricanes of the 2005 season, and for recovery from 
     other natural disasters $5,033,345,000, to remain available 
     until expended: Provided, That the Secretary of the Army is 
     directed to use $4,362,000,000 of the funds appropriated 
     under this heading to modify authorized projects in southeast 
     Louisiana to provide hurricane and storm damage reduction and 
     flood damage reduction in the greater New Orleans and 
     surrounding areas to provide 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 this 
     construction; $1,657,000,000 shall be used for the Lake 
     Pontchartrain and Vicinity; $1,415,000,000 shall be used for 
     the West Bank and Vicinity project; and $1,290,000,000 shall 
     be for elements of the Southeast Louisiana Urban Drainage 
     project, that are 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 10 percent annual exceedance probability: 
     Provided further, That none of this $4,362,000,000 shall 
     become available for obligation until October 1, 2008: 
     Provided further, That non-Federal cost allocations for these 
     projects shall be consistent with the cost-sharing provisions 
     under which the projects were originally constructed: 
     Provided further, That the $1,315,000,000 non-Federal cost 
     share for these projects shall be repaid in accordance with 
     provisions of section 103(k) of Public Law 99-662 over a 
     period of 30 years: 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 are necessary to accomplish the established 
     goals are authorized, subject to the approval of the House 
     and Senate Committees on Appropriations: Provided further, 
     That the Secretary of the Army is directed to use 
     $604,745,000 of the funds appropriated under this heading to 
     provide hurricane and storm damage reduction, flood damage 
     reduction and ecosystem restoration along the Gulf Coast of 
     Mississippi and surrounding areas generally as described in 
     the Mobile District Engineer's Mississippi Coastal 
     Improvements Program Comprehensive Plan Report; $173,615,000 
     shall be used for ecosystem restoration projects; $4,550,000 
     shall be used for the Moss Point Municipal Relocation 
     project; $5,000,000 shall be used for the Waveland 
     Floodproofing project; $150,000 shall be used for the 
     Mississippi Sound Sub Aquatic Vegetation project; $15,430,000 
     shall be used for the Coast-wide Dune Restoration project; 
     $397,000,000 shall be used for the Homeowners Assistance and 
     Relocation project; and $9,000,000 shall be used for the 
     Forrest Heights Hurricane and Storm Damage Reduction project: 
     Provided further, That none of this $604,745,000 shall become 
     available for obligation until October 1, 2008: Provided 
     further, That these projects shall be initiated only after 
     non-Federal interests have entered into binding agreements 
     with the Secretary requiring the non-Federal interests to pay 
     100 percent of the operation, maintenance, repair, 
     replacement, and rehabilitation costs of the project and to 
     hold and save the United States free from damages due to the 
     construction or 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 
     $211,661,000 non-Federal cost share for these projects shall 
     be repaid in accordance with the provisions of section 103(k) 
     of Public Law 99-662 over a period of 30 years: 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 are necessary to 
     accomplish the established goals are authorized, subject to 
     the approval of the House and Senate Committees on 
     Appropriations: Provided further, That the Secretary of the 
     Army is directed to use $66,600,000 of the funds appropriated 
     under this heading to address emergency situations at Corps 
     of Engineers projects and rehabilitate and repair damages to 
     Corps projects caused by recent natural disasters: Provided 
     further, 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.


                   MISSISSIPPI RIVER AND TRIBUTARIES

       For an additional amount for ``Mississippi River and 
     Tributaries'' for recovery from natural disasters, 
     $17,700,000, to remain available until expended to repair 
     damages to Federal projects caused by recent natural 
     disasters.


                       OPERATIONS AND MAINTENANCE

       For an additional amount for ``Operations and Maintenance'' 
     to dredge navigation channels and repair other Corps projects 
     related to natural disasters, $338,800,000, 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

[[Page S4537]]

     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 
     relating to the consequences of Hurricane Katrina and other 
     hurricanes, and for recovery from other natural disasters, 
     $3,368,400,000, to remain available until expended: Provided, 
     That the Secretary of the Army is directed to use 
     $2,926,000,000 of the funds appropriated under this heading 
     to modify, at full Federal expense, authorized projects in 
     southeast Louisiana to provide hurricane and storm damage 
     reduction and flood damage reduction in the greater New 
     Orleans and surrounding areas; $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; $359,000,000 shall be 
     to complete the authorized protection for the Lake 
     Ponchartrain and Vicinity Project and for the West Bank and 
     Vicinity Project: Provided further, That none of this 
     $2,926,000,000 shall become available for obligation until 
     October 1, 2008: 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 Secretary requiring the non-Federal 
     interests to pay 100 percent of the operation, maintenance, 
     repair, replacement, and rehabilitation costs of the project 
     and to hold and save the United States free from damages due 
     to the construction or 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 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 the expenditure of funds 
     as provided above may be made without regard to individual 
     amounts or purposes except that any reallocation of funds 
     that are necessary to accomplish the established goals are 
     authorized, subject to the approval of the House and Senate 
     Committees on Appropriations: Provided further, That 
     $348,000,000 of the amount provided under this heading shall 
     be used for barrier island restoration and ecosystem 
     restoration to restore historic levels of storm damage 
     reduction to the Mississippi Gulf Coast: Provided further, 
     That none of this $348,000,000 shall become available for 
     obligation until October 1, 2008: Provided further, That this 
     work shall be carried out at full Federal expense: Provided 
     further, That the Secretary of the Army is directed to use 
     $94,400,000 of the funds appropriated under this heading to 
     support emergency operations, to repair eligible projects 
     nationwide, and for other activities in response to recent 
     natural disasters: Provided further, 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.


                            GENERAL EXPENSES

       For an additional amount for ``General 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

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 3401. Notwithstanding any other provision of law, and 
     not later than 30 days after the date of submission of a 
     request for a single payment, the Federal Emergency 
     Management Agency shall provide a single payment for any 
     eligible costs under section 406 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act for any police 
     station, fire station, or criminal justice facility that was 
     damaged by Hurricane Katrina of 2005 or Hurricane Rita of 
     2005: Provided, That nothing in this section may be construed 
     to alter the appeal or review process relating to assistance 
     provided under section 406 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act: Provided further, That 
     the Federal Emergency Management Agency shall not reduce the 
     amount of assistance provided under section 406(c)(1) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act for such facilities.
       Sec. 3402. Until such time as the updating of flood 
     insurance rate maps under section 19 of the Flood 
     Modernization Act of 2007 is completed (as determined by the 
     district engineer) for all areas located in the St. Louis 
     District of the Mississippi Valley Division of the Corps of 
     Engineers, the Administrator of the Federal Emergency 
     Management Agency shall not adjust the chargeable premium 
     rate for flood insurance under this section for any type or 
     class of property located in an area in that District nor 
     require the purchase of flood insurance for any type or class 
     of property located in an area in that District not subject 
     to such purchase requirement prior to the updating of such 
     national flood insurance program rate map: Provided, That for 
     purposes of this section, the term ``area'' does not include 
     any area (or subdivision thereof) that has chosen not to 
     participate in the flood insurance program under this section 
     as of the date of enactment of this Act.

                               CHAPTER 5

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        Wildland Fire Management

                     (including transfer of funds)

       For an additional amount for ``Wildland Fire Management'', 
     $125,000,000, to remain available until expended, of which 
     $100,000,000 is for emergency wildland fire suppression 
     activities, and of which $25,000,000 is for rehabilitation 
     and restoration of Federal lands: Provided, That emergency 
     wildland fire suppression funds are also available for 
     repayment to other appropriations accounts from which funds 
     were transferred for wildfire suppression.

                         National Park Service


                       Historic Preservation Fund

       For an additional amount for the ``Historic Preservation 
     Fund'', for expenses related to the consequences of Hurricane 
     Katrina, $15,000,000, to remain available until expended: 
     Provided, That the funds provided under this heading shall be 
     provided to the Louisiana State Historic Preservation 
     Officer, after consultation with the National Park Service, 
     for grants for restoration and rehabilitation at Jackson 
     Barracks: Provided further, That no more than 5 percent of 
     funds provided under this heading for disaster relief grants 
     may be used for administrative expenses.

                    ENVIRONMENTAL PROTECTION AGENCY

                   State and Tribal Assistance Grants

       For an additional amount for ``State and Tribal Assistance 
     Grants'', for expenses related to the consequences of 
     Hurricane Katrina, $5,000,000, to remain available until 
     expended, for a grant to Cameron Parish, Louisiana, for 
     construction of drinking water, wastewater and storm water 
     infrastructure and for water quality protection: Provided, 
     That for purposes of this grant, the grantee shall contribute 
     not less than 45 percent of the cost of the project unless 
     the grantee is approved for a waiver by the Agency.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                        Wildland Fire Management

                     (including transfers of funds)

       For an additional amount for ``Wildland Fire Management'', 
     $325,000,000, to remain available until expended, of which 
     $250,000,000 shall be available for emergency wildfire 
     suppression, and of which $75,000,000 shall be available for 
     rehabilitation and restoration of Federal lands and may be 
     transferred to other Forest Service accounts as necessary: 
     Provided, That emergency wildfire suppression funds are also 
     available for repayment to other appropriations accounts from 
     which funds were transferred for wildfire suppression.

                               CHAPTER 6

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Medicare and Medicaid Services

       For grants to States, consistent with section 6201(a)(4) of 
     the Deficit Reduction Act of 2005, to make payments as 
     defined by the Secretary in the methodology used for the 
     Provider Stabilization grants to those Medicare participating 
     general acute care hospitals, as defined in section 1886(d) 
     of the Social Security Act, and currently operating in 
     Jackson, Forrest, Hancock, and Harrison Counties of 
     Mississippi and Orleans and Jefferson Parishes of Louisiana 
     which continue to experience severe financial exigencies and 
     other economic losses attributable to Hurricane Katrina or 
     its subsequent flooding, and are in need of supplemental 
     funding to relieve the financial pressures these hospitals 
     face resulting from increased wage rates in hiring and 
     retaining staff in order to stabilize access to patient care, 
     $350,000,000, to be made available until September 30, 2010.

                               CHAPTER 7

                         MILITARY CONSTRUCTION

               Military Construction, Army National Guard


                    (INCLUDING RESCISSION OF FUNDS)

       For an additional amount for ``Military Construction, Army 
     National Guard'',

[[Page S4538]]

     $11,503,000, to remain available until September 30, 2012: 
     Provided, That such funds may be obligated or expended for 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That of the 
     funds appropriated for ``Military Construction, Army National 
     Guard'' under Public Law 109-234, $7,000,000 are hereby 
     rescinded.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 3701. Within the funds available in the Department of 
     Defense Family Housing Improvement Fund as credited in 
     accordance with 10 U.S.C. 2883(c), $10,500,000 shall be 
     available for use at the Naval Construction Battalion Center, 
     Gulfport, Mississippi, under the terms and conditions 
     specified by 10 U.S.C. 2883, to remain available until 
     expended.

                               CHAPTER 8

                      DEPARTMENT OF TRANSPORTATION

                          Federal-aid Highways


                        EMERGENCY RELIEF PROGRAM

       For an additional amount for the Emergency Relief Program 
     as authorized under section 125 of title 23, United States 
     Code, for eligible disasters occurring in fiscal years 2005 
     to the present, $451,126,383, to remain available until 
     expended.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Permanent Supportive Housing

       For the provision of permanent supportive housing units as 
     identified in the plan of the Louisiana Recovery Authority 
     and approved by the Secretary of Housing and Urban 
     Development, $73,000,000 to remain available until expended, 
     of which not less than $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)), not less than 
     $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.), and not more than $3,000,000 shall be for related 
     administrative expenses of the State of Louisiana or its 
     designee or designees: 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: 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.

                    Project-based Rental Assistance

       For an additional amount to areas impacted by Hurricane 
     Katrina in the State of Mississippi for project-based 
     vouchers under section 8(o)(13) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437f(o)13)), $20,000,000, to remain 
     available until expended.

                     Housing Transition Assistance

       For an additional amount to the State of Louisiana for case 
     management and housing transition services for families in 
     areas impacted by Hurricanes Katrina and Rita of 2005, 
     $3,000,000, to remain available until expended.

                       Community Development Fund

       For an additional amount for the ``Community development 
     fund'' for necessary expenses related to any uncompensated 
     housing damage directly related to the consequences of 
     Hurricane Katrina in the State of Alabama, $50,000,000, to 
     remain available until expended: Provided, That prior to the 
     obligation of funds the 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 uncompensated housing damage: 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: Provided further, That the State may use 
     up to 5 percent of its allocation for administrative costs: 
     Provided further, That in administering the funds under this 
     paragraph, the Secretary of Housing and Urban Development may 
     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: 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.


                              (RESCISSION)

       Of the unobligated balances remaining from funds 
     appropriated under this heading by section 159 of Public Law 
     110-116 for the Louisiana Road Home program, $200,000,000 are 
     rescinded.

               TITLE IV--VETERANS EDUCATIONAL ASSISTANCE

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Post-9/11 Veterans 
     Educational Assistance Act of 2008''.

     SEC. 4002. FINDINGS.

       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.

     SEC. 4003. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED 
                   FORCES WHO SERVE AFTER SEPTEMBER 11, 2001.

       (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.

              ``subchapter iii--administrative provisions

``3321. Time limitation for use of and eligibility for entitlement.
``3322. Bar to duplication of educational assistance benefits.
``3323. Administration.
``3324. Allocation of administration and costs.

                      ``SUBCHAPTER I--DEFINITIONS

     ``Sec. 3301. Definitions

       ``In this chapter:
       ``(1) The term `active duty' has the meanings as follows 
     (subject to the limitations specified in sections 3002(6) and 
     3311(b) of this title):
       ``(A) In the case of members of the regular components of 
     the Armed Forces, the meaning given such term in section 
     101(21)(A) of this title.
       ``(B) In the case of members of the reserve components of 
     the Armed Forces, service on active duty under a call or 
     order to active duty under section 688, 12301(a), 12301(d), 
     12301(g), 12302, or 12304 of title 10.
       ``(2) The term `entry level and skill training' means the 
     following:
       ``(A) In the case of members of the Army, Basic Combat 
     Training and Advanced Individual Training.
       ``(B) In the case of members of the Navy, Recruit Training 
     (or Boot Camp) and Skill Training (or so-called `A' School).
       ``(C) In the case of members of the Air Force, Basic 
     Military Training and Technical Training.
       ``(D) In the case of members of the Marine Corps, Recruit 
     Training and Marine Corps Training (or School of Infantry 
     Training).
       ``(E) In the case of members of the Coast Guard, Basic 
     Training.
       ``(3) The term `program of education' has the meaning the 
     meaning given such term in

[[Page S4539]]

     section 3002 of this title, except to the extent otherwise 
     provided in section 3313 of this title.
       ``(4) The term `Secretary of Defense' has the meaning given 
     such term in section 3002 of this title.

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

     ``Sec. 3311. Educational assistance for service in the Armed 
       Forces commencing on or after September 11, 2001: 
       entitlement

       ``(a) Entitlement.--Subject to subsections (d) and (e), 
     each individual described in subsection (b) is entitled to 
     educational assistance under this chapter.
       ``(b) Covered Individuals.--An individual described in this 
     subsection is any individual as follows:
       ``(1) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 36 months on active duty in the Armed 
     Forces (including service on active duty in entry level and 
     skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty; or
       ``(ii) is discharged or released from active duty as 
     described in subsection (c).
       ``(2) An individual who--
       ``(A) commencing on or after September 11, 2001, serves at 
     least 30 continuous days on active duty in the Armed Forces; 
     and
       ``(B) after completion of service described in subparagraph 
     (A), is discharged or released from active duty in the Armed 
     Forces for a service-connected disability.
       ``(3) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 30 months, but less than 36 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 36 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 36 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(4) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 24 months, but less than 30 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 30 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 30 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(5) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 18 months, but less than 24 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 24 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 24 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(6) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 12 months, but less than 18 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 18 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 18 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(7) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 6 months, but less than 12 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 12 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 12 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(8) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 90 days, but less than 6 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 6 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 6 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(c) Covered Discharges and Releases.--A discharge or 
     release from active duty of an individual described in this 
     subsection is a discharge or release as follows:
       ``(1) A discharge from active duty in the Armed Forces with 
     an honorable discharge.
       ``(2) A release after service on active duty in the Armed 
     Forces characterized by the Secretary concerned as honorable 
     service and placement on the retired list, transfer to the 
     Fleet Reserve or Fleet Marine Corps Reserve, or placement on 
     the temporary disability retired list.
       ``(3) A release from active duty in the Armed Forces for 
     further service in a reserve component of the Armed Forces 
     after service on active duty characterized by the Secretary 
     concerned as honorable service.
       ``(4) A discharge or release from active duty in the Armed 
     Forces for--
       ``(A) a medical condition which preexisted the service of 
     the individual as described in the applicable paragraph of 
     subsection (b) and which the Secretary determines is not 
     service-connected;
       ``(B) hardship; or
       ``(C) a physical or mental condition that was not 
     characterized as a disability and did not result from the 
     individual's own willful misconduct but did interfere with 
     the individual's performance of duty, as determined by the 
     Secretary concerned in accordance with regulations prescribed 
     by the Secretary of Defense.
       ``(d) Prohibition on Treatment of Certain Service as Period 
     of Active Duty.--The following periods of service shall not 
     be considered a part of the period of active duty on which an 
     individual's entitlement to educational assistance under this 
     chapter is based:
       ``(1) A period of service on active duty of an officer 
     pursuant to an agreement under section 2107(b) of title 10.
       ``(2) A period of service on active duty of an officer 
     pursuant to an agreement under section 4348, 6959, or 9348 of 
     title 10.
       ``(3) A period of service that is terminated because of a 
     defective enlistment and induction based on--
       ``(A) the individual's being a minor for purposes of 
     service in the Armed Forces;
       ``(B) an erroneous enlistment or induction; or
       ``(C) a defective enlistment agreement.
       ``(e) Treatment of Individuals Entitled Under Multiple 
     Provisions.--In the event an individual entitled to 
     educational assistance under this chapter is entitled by 
     reason of both paragraphs (4) and (5) of subsection (b), the 
     individual shall be treated as being entitled to educational 
     assistance under this chapter by reason of paragraph (5) of 
     such subsection.

     ``Sec. 3312. Educational assistance: duration

       ``(a) In General.--Subject to section 3695 of this title 
     and except as provided in subsections (b) and (c), an 
     individual entitled to educational assistance under this 
     chapter is entitled to a number of months of educational 
     assistance under section 3313 of this title equal to 36 
     months.
       ``(b) Continuing Receipt.--The receipt of educational 
     assistance under section 3313 of this title by an individual 
     entitled to educational assistance under this chapter is 
     subject to the provisions of section 3321(b)(2) of this 
     title.
       ``(c) Discontinuation of Education for Active Duty.--(1) 
     Any payment of educational assistance described in paragraph 
     (2) shall not--
       ``(A) be charged against any entitlement to educational 
     assistance of the individual concerned under this chapter; or
       ``(B) be counted against the aggregate period for which 
     section 3695 of this title limits the individual's receipt of 
     educational assistance under this chapter.
       ``(2) Subject to paragraph (3), the payment of educational 
     assistance described in this paragraph is the payment of such 
     assistance to an individual for pursuit of a course or 
     courses under this chapter if the Secretary finds that the 
     individual--
       ``(A)(i) in the case of an individual not serving on active 
     duty, had to discontinue such course pursuit as a result of 
     being called or ordered to serve on active duty under section 
     688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 
     10; or
       ``(ii) in the case of an individual serving on active duty, 
     had to discontinue such course pursuit as a result of being 
     ordered to a new duty location or assignment or to perform an 
     increased amount of work; and
       ``(B) failed to receive credit or lost training time toward 
     completion of the individual's approved education, 
     professional, or vocational objective as a result of having 
     to discontinue, as described in subparagraph (A), the 
     individual's course pursuit.
       ``(3) The period for which, by reason of this subsection, 
     educational assistance is not charged against entitlement or 
     counted toward the applicable aggregate period under section 
     3695 of this title shall not exceed the portion of the period 
     of enrollment in the course or courses from which the 
     individual failed to receive credit or with respect to which 
     the individual lost training time, as determined under 
     paragraph (2)(B).

     ``Sec. 3313. Educational assistance: amount; payment

       ``(a) Payment.--The Secretary shall pay to each individual 
     entitled to educational assistance under this chapter who is 
     pursuing an approved program of education (other than a 
     program covered by subsections (e) and (f)) the amounts 
     specified in subsection (c) to meet the expenses of such 
     individual's subsistence, tuition, fees, and other 
     educational costs for pursuit of such program of education.

[[Page S4540]]

       ``(b) Approved Programs of Education.--A program of 
     education is an approved program of education for purposes of 
     this chapter if the program of education is offered by an 
     institution of higher learning (as that term is defined in 
     section 3452(f) of this title) and is approved for purposes 
     of chapter 30 of this title (including approval by the State 
     approving agency concerned).
       ``(c) Amount of Educational Assistance.--The amounts 
     payable under this subsection for pursuit of an approved 
     program of education are amounts as follows:
       ``(1) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(1) 
     or 3311(b)(2) of this title, amounts as follows:
       ``(A) An amount equal to the established charges for the 
     program of education, except that the amount payable under 
     this subparagraph may not exceed the maximum amount of 
     established charges regularly charged in-State students for 
     full-time pursuit of approved programs of education for 
     undergraduates by the public institution of higher education 
     offering approved programs of education for undergraduates in 
     the State in which the individual is enrolled that has the 
     highest rate of regularly-charged established charges for 
     such programs of education among all public institutions of 
     higher education in such State offering such programs of 
     education.
       ``(B) A monthly stipend in an amount as follows:
       ``(i) For each month the individual pursues the program of 
     education, other than a program of education offered through 
     distance learning, a monthly housing stipend amount equal to 
     the monthly amount of the basic allowance for housing payable 
     under section 403 of title 37 for a member with dependents in 
     pay grade E-5 residing in the military housing area that 
     encompasses all or the majority portion of the ZIP code area 
     in which is located the institution of higher education at 
     which the individual is enrolled.
       ``(ii) For the first month of each quarter, semester, or 
     term, as applicable, of the program of education pursued by 
     the individual, a lump sum amount for books, supplies, 
     equipment, and other educational costs with respect to such 
     quarter, semester, or term in the amount equal to--

       ``(I) $1,000, multiplied by
       ``(II) the fraction which is the portion of a complete 
     academic year under the program of education that such 
     quarter, semester, or term constitutes.

       ``(2) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(3) 
     of this title, amounts equal to 90 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(3) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(4) 
     of this title, amounts equal to 80 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(4) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(5) 
     of this title, amounts equal to 70 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(5) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(6) 
     of this title, amounts equal to 60 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(6) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(7) 
     of this title, amounts equal to 50 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(7) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(8) 
     of this title, amounts equal to 40 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(d) Frequency of Payment.--(1) Payment of the amounts 
     payable under subsection (c)(1)(A), and of similar amounts 
     payable under paragraphs (2) through (7) of subsection (c), 
     for pursuit of a program of education shall be made for the 
     entire quarter, semester, or term, as applicable, of the 
     program of education.
       ``(2) Payment of the amount payable under subsection 
     (c)(1)(B), and of similar amounts payable under paragraphs 
     (2) through (7) of subsection (c), for pursuit of a program 
     of education shall be made on a monthly basis.
       ``(3) The Secretary shall prescribe in regulations methods 
     for determining the number of months (including fractions 
     thereof) of entitlement of an individual to educational 
     assistance this chapter that are chargeable under this 
     chapter for an advance payment of amounts under paragraphs 
     (1) and (2) for pursuit of a program of education on a 
     quarter, semester, term, or other basis.
       ``(e) Programs of Education Pursued on Active Duty.--(1) 
     Educational assistance is payable under this chapter for 
     pursuit of an approved program of education while on active 
     duty.
       ``(2) The amount of educational assistance payable under 
     this chapter to an individual pursuing a program of education 
     while on active duty is the lesser of--
       ``(A) the established charges which similarly circumstanced 
     nonveterans enrolled in the program of education involved 
     would be required to pay; or
       ``(B) the amount of the charges of the educational 
     institution as elected by the individual in the manner 
     specified in section 3014(b)(1) of this title.
       ``(3) Payment of the amount payable under paragraph (2) for 
     pursuit of a program of education shall be made for the 
     entire quarter, semester, or term, as applicable, of the 
     program of education.
       ``(4) For each month (as determined pursuant to the methods 
     prescribed under subsection (d)(3)) for which amounts are 
     paid an individual under this subsection, the entitlement of 
     the individual to educational assistance under this chapter 
     shall be charged at the rate of one month for each such 
     month.
       ``(f) Programs of Education Pursued on Half-Time Basis or 
     Less.--(1) Educational assistance is payable under this 
     chapter for pursuit of an approved program of education on 
     half-time basis or less.
       ``(2) The educational assistance payable under this chapter 
     to an individual pursuing a program of education on half-time 
     basis or less is the amounts as follows:
       ``(A) The amount equal to the lesser of--
       ``(i) the established charges which similarly circumstanced 
     nonveterans enrolled in the program of education involved 
     would be required to pay; or
       ``(ii) the maximum amount that would be payable to the 
     individual for the program of education under paragraph 
     (1)(A) of subsection (c), or under the provisions of 
     paragraphs (2) through (7) of subsection (c) applicable to 
     the individual, for the program of education if the 
     individual were entitled to amounts for the program of 
     education under subsection (c) rather than this subsection.
       ``(B) A stipend in an amount equal to the amount of the 
     appropriately reduced amount of the lump sum amount for 
     books, supplies, equipment, and other educational costs 
     otherwise payable to the individual under subsection (c).
       ``(3) Payment of the amounts payable to an individual under 
     paragraph (2) for pursuit of a program of education on half-
     time basis or less shall be made for the entire quarter, 
     semester, or term, as applicable, of the program of 
     education.
       ``(4) For each month (as determined pursuant to the methods 
     prescribed under subsection (d)(3)) for which amounts are 
     paid an individual under this subsection, the entitlement of 
     the individual to educational assistance under this chapter 
     shall be charged at a percentage of a month equal to--
       ``(A) the number of course hours borne by the individual in 
     pursuit of the program of education involved, divided by
       ``(B) the number of course hours for full-time pursuit of 
     such program of education.
       ``(g) Payment of Established Charges to Educational 
     Institutions.--Amounts payable under subsections (c)(1)(A) 
     (and of similar amounts payable under paragraphs (2) through 
     (7) of subsection (c)), (e)(2) and (f)(2)(A) shall be paid 
     directly to the educational institution concerned.
       ``(h) Established Charges Defined.--(1) In this section, 
     the term `established charges', in the case of a program of 
     education, means the actual charges (as determined pursuant 
     to regulations prescribed by the Secretary) for tuition and 
     fees which similarly circumstanced nonveterans enrolled in 
     the program of education would be required to pay.
       ``(2) Established charges shall be determined for purposes 
     of this subsection on the following basis:
       ``(A) In the case of an individual enrolled in a program of 
     education offered on a term, quarter, or semester basis, the 
     tuition and fees charged the individual for the term, 
     quarter, or semester.
       ``(B) In the case of an individual enrolled in a program of 
     education not offered on a term, quarter, or semester basis, 
     the tuition and fees charged the individual for the entire 
     program of education.

     ``Sec. 3314. Tutorial assistance

       ``(a) In General.--Subject to subsection (b), an individual 
     entitled to educational assistance under this chapter shall 
     also be entitled to benefits provided an eligible veteran 
     under section 3492 of this title.
       ``(b) Conditions.--(1) The provision of benefits under 
     subsection (a) shall be subject to the conditions applicable 
     to an eligible veteran under section 3492 of this title.
       ``(2) In addition to the conditions specified in paragraph 
     (1), benefits may not be provided to an individual under 
     subsection (a) unless the professor or other individual 
     teaching, leading, or giving the course for which such 
     benefits are provided certifies that--
       ``(A) such benefits are essential to correct a deficiency 
     of the individual in such course; and
       ``(B) such course is required as a part of, or is 
     prerequisite or indispensable to the satisfactory pursuit of, 
     an approved program of education.

[[Page S4541]]

       ``(c) Amount.--(1) The amount of benefits described in 
     subsection (a) that are payable under this section may not 
     exceed $100 per month, for a maximum of 12 months, or until a 
     maximum of $1,200 is utilized.
       ``(2) The amount provided an individual under this 
     subsection is in addition to the amounts of educational 
     assistance paid the individual under section 3313 of this 
     title.
       ``(d) No Charge Against Entitlement.--Any benefits provided 
     an individual under subsection (a) are in addition to any 
     other educational assistance benefits provided the individual 
     under this chapter.

     ``Sec. 3315. Licensure and certification tests

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter shall also be entitled to 
     payment for one licensing or certification test described in 
     section 3452(b) of this title.
       ``(b) Limitation on Amount.--The amount payable under 
     subsection (a) for a licensing or certification test may not 
     exceed the lesser of--
       ``(1) $2,000; or
       ``(2) the fee charged for the test.
       ``(c) No Charge Against Entitlement.--Any amount paid an 
     individual under subsection (a) is in addition to any other 
     educational assistance benefits provided the individual under 
     this chapter.

     ``Sec. 3316. Supplemental educational assistance: members 
       with critical skills or specialty; members serving 
       additional service

       ``(a) Increased Assistance for Members With Critical Skills 
     or Specialty.--(1) In the case of an individual who has a 
     skill or specialty designated by the Secretary concerned as a 
     skill or specialty in which there is a critical shortage of 
     personnel or for which it is difficult to recruit or, in the 
     case of critical units, retain personnel, the Secretary 
     concerned may increase the monthly amount of educational 
     assistance otherwise payable to the individual under 
     paragraph (1)(B) of section 3313(c) of this title, or under 
     paragraphs (2) through (7) of such section (as applicable).
       ``(2) The amount of the increase in educational assistance 
     authorized by paragraph (1) may not exceed the amount equal 
     to the monthly amount of increased basic educational 
     assistance providable under section 3015(d)(1) of this title 
     at the time of the increase under paragraph (1).
       ``(b) Supplemental Assistance for Additional Service.--(1) 
     The Secretary concerned may provide for the payment to an 
     individual entitled to educational assistance under this 
     chapter of supplemental educational assistance for additional 
     service authorized by subchapter III of chapter 30 of this 
     title. The amount so payable shall be payable as an increase 
     in the monthly amount of educational assistance otherwise 
     payable to the individual under paragraph (1)(B) of section 
     3313(c) of this title, or under paragraphs (2) through (7) of 
     such section (as applicable).
       ``(2) Eligibility for supplement educational assistance 
     under this subsection shall be determined in accordance with 
     the provisions of subchapter III of chapter 30 of this title, 
     except that any reference in such provisions to eligibility 
     for basic educational assistance under a provision of 
     subchapter II of chapter 30 of this title shall be treated as 
     a reference to eligibility for educational assistance under 
     the appropriate provision of this chapter.
       ``(3) The amount of supplemental educational assistance 
     payable under this subsection shall be the amount equal to 
     the monthly amount of supplemental educational payable under 
     section 3022 of this title.
       ``(c) Regulations.--The Secretaries concerned shall 
     administer this section in accordance with such regulations 
     as the Secretary of Defense shall prescribe.

     ``Sec. 3317. Public-private contributions for additional 
       educational assistance

       ``(a) Establishment of Program.--In instances where the 
     educational assistance provided pursuant to section 
     3313(c)(1)(A) does not cover the full cost of established 
     charges (as specified in section 3313 of this title), the 
     Secretary shall carry out a program under which colleges and 
     universities can, voluntarily, enter into an agreement with 
     the Secretary to cover a portion of those established charges 
     not otherwise covered under section 3313(c)(1)(A), which 
     contributions shall be matched by equivalent contributions 
     toward such costs by the Secretary. The program shall only 
     apply to covered individuals described in paragraphs (1) and 
     (2) of section 3311(b).
       ``(b) Designation of Program.--The program under this 
     section shall be known as the `Yellow Ribbon G.I. Education 
     Enhancement Program'.
       ``(c) Agreements.--The Secretary shall enter into an 
     agreement with each college or university seeking to 
     participate in the program under this section. Each agreement 
     shall specify the following:
       ``(1) The manner (whether by direct grant, scholarship, or 
     otherwise) of the contributions to be made by the college or 
     university concerned.
       ``(2) The maximum amount of the contribution to be made by 
     the college or university concerned with respect to any 
     particular individual in any given academic year.
       ``(3) The maximum number of individuals for whom the 
     college or university concerned will make contributions in 
     any given academic year.
       ``(4) Such other matters as the Secretary and the college 
     or university concerned jointly consider appropriate.
       ``(d) Matching Contributions.--(1) In instances where the 
     educational assistance provided an individual under section 
     3313(c)(1)(A) of this title does not cover the full cost of 
     tuition and mandatory fees at a college or university, the 
     Secretary shall provide up to 50 percent of the remaining 
     costs for tuition and mandatory fees if the college or 
     university voluntarily enters into an agreement with the 
     Secretary to match an equal percentage of any of the 
     remaining costs for such tuition and fees.
       ``(2) Amounts available to the Secretary under section 
     3324(b) of this title for payment of the costs of this 
     chapter shall be available to the Secretary for purposes of 
     paragraph (1).
       ``(e) Outreach.--The Secretary shall make available on the 
     Internet website of the Department available to the public a 
     current list of the colleges and universities participating 
     in the program under this section. The list shall specify, 
     for each college or university so listed, appropriate 
     information on the agreement between the Secretary and such 
     college or university under subsection (c).

     ``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 highly rural area (as determined by 
     the Bureau of the 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.''.

              ``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

     ``Sec. 3321. Time limitation for use of and eligibility for 
       entitlement

       ``(a) In General.--Except as provided in this section, the 
     period during which an individual entitled to educational 
     assistance under this chapter may use such individual's 
     entitlement expires at the end of the 15-year period 
     beginning on the date of such individual's last discharge or 
     release from active duty.
       ``(b) Exceptions.--(1) Subsections (b), (c), and (d) of 
     section 3031 of this title shall apply with respect to the 
     running of the 15-year period described in subsection (a) of 
     this section in the same manner as such subsections apply 
     under section 3031 of this title with respect to the running 
     of the 10-year period described in section 3031(a) of this 
     title.
       ``(2) Section 3031(f) of this title shall apply with 
     respect to the termination of an individual's entitlement to 
     educational assistance under this chapter in the same manner 
     as such section applies to the termination of an individual's 
     entitlement to educational assistance under chapter 30 of 
     this title, except that, in the administration of such 
     section for purposes of this chapter, the reference to 
     section 3013 of this title shall be deemed to be a reference 
     to 3312 of this title.
       ``(3) For purposes of subsection (a), an individual's last 
     discharge or release from active duty shall not include any 
     discharge or release from a period of active duty of less 
     than 90 days of continuous service, unless the individual is 
     discharged or released as described in section 3311(b)(2) of 
     this title.

     ``Sec. 3322. Bar to duplication of educational assistance 
       benefits

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter who is also eligible for 
     educational assistance under chapter 30, 31, 32, or 35 of 
     this title, chapter 107, 1606, or 1607 of title 10, or the 
     provisions of the Hostage Relief Act of 1980 (Public Law 96-
     449; 5 U.S.C. 5561 note) may not receive assistance under two 
     or more such programs concurrently, but shall elect (in such 
     form and manner as the Secretary may prescribe) under which 
     chapter or provisions to receive educational assistance.
       ``(b) Inapplicability of Service Treated Under Educational 
     Loan Repayment Programs.--A period of service counted for 
     purposes of repayment of an education loan

[[Page S4542]]

     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 __03(c) of the Post-9/11 Veterans 
     Educational Assistance Act of 2008.

     ``Sec. 3323. Administration

       ``(a) In General.--(1) Except as otherwise provided in this 
     chapter, the provisions specified in section 3034(a)(1) of 
     this title shall apply to the provision of educational 
     assistance under this chapter.
       ``(2) In applying the provisions referred to in paragraph 
     (1) to an individual entitled to educational assistance under 
     this chapter for purposes of this section, the reference in 
     such provisions to the term `eligible veteran' shall be 
     deemed to refer to an individual entitled to educational 
     assistance under this chapter.
       ``(3) In applying section 3474 of this title to an 
     individual entitled to educational assistance under this 
     chapter for purposes of this section, the reference in such 
     section 3474 to the term `educational assistance allowance' 
     shall be deemed to refer to educational assistance payable 
     under section 3313 of this title.
       ``(4) In applying section 3482(g) of this title to an 
     individual entitled to educational assistance under this 
     chapter for purposes of this section--
       ``(A) the first reference to the term `educational 
     assistance allowance' in such section 3482(g) shall be deemed 
     to refer to educational assistance payable under section 3313 
     of this title; and
       ``(B) the first sentence of paragraph (1) of such section 
     3482(g) shall be applied as if such sentence ended with 
     `equipment'.
       ``(b) Information on Benefits.--(1) The Secretary of 
     Veterans Affairs shall provide the information described in 
     paragraph (2) to each member of the Armed Forces at such 
     times as the Secretary of Veterans Affairs and the Secretary 
     of Defense shall jointly prescribe in regulations.
       ``(2) The information described in this paragraph is 
     information on benefits, limitations, procedures, eligibility 
     requirements (including time-in-service requirements), and 
     other important aspects of educational assistance under this 
     chapter, including application forms for such assistance 
     under section 5102 of this title.
       ``(3) The Secretary of Veterans Affairs shall furnish the 
     information and forms described in paragraph (2), and other 
     educational materials on educational assistance under this 
     chapter, to educational institutions, training 
     establishments, military education personnel, and such other 
     persons and entities as the Secretary considers appropriate.
       ``(c) Regulations.--(1) The Secretary shall prescribe 
     regulations for the administration of this chapter.
       ``(2) Any regulations prescribed by the Secretary of 
     Defense for purposes of this chapter shall apply uniformly 
     across the Armed Forces.

     ``Sec. 3324. Allocation of administration and costs

       ``(a) Administration.--Except as otherwise provided in this 
     chapter, the Secretary shall administer the provision of 
     educational assistance under this chapter.
       ``(b) Costs.--Payments for entitlement to educational 
     assistance earned under this chapter shall be made from funds 
     appropriated to, or otherwise made available to, the 
     Department of Veterans Affairs for the payment of 
     readjustment benefits.''.
       (2) Clerical amendments.--The tables of chapters at the 
     beginning of title 38, United States Code, and at the 
     beginning of part III of such title, are each amended by 
     inserting after the item relating to chapter 32 the following 
     new item:

``33. Post-9/11 Educational Assistance......................3301''.....

       (b) Conforming Amendments.--
       (1) Amendments relating to duplication of benefits.--
       (A) Section 3033 of title 38, United States Code, is 
     amended--
       (i) in subsection (a)(1), by inserting ``33,'' after 
     ``32,''; and
       (ii) in subsection (c), by striking ``both the program 
     established by this chapter and the program established by 
     chapter 106 of title 10'' and inserting ``two or more of the 
     programs established by this chapter, chapter 33 of this 
     title, and chapters 1606 and 1607 of title 10''.
       (B) Paragraph (4) of section 3695(a) of such title is 
     amended to read as follows:
       ``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
       (C) Section 16163(e) of title 10, United States Code, is 
     amended by inserting ``33,'' after ``32,''.
       (2) Additional conforming amendments.--
       (A) Title 38, United States Code, is further amended by 
     inserting ``33,'' after ``32,'' each place it appears in the 
     following provisions:
       (i) In subsections (b) and (e)(1) of section 3485.
       (ii) In section 3688(b).
       (iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and 
     (e)(2) of section 3689.
       (iv) In section 3690(b)(3)(A).
       (v) In subsections (a) and (b) of section 3692.
       (vi) In section 3697(a).
       (B) Section 3697A(b)(1) of such title is amended by 
     striking ``or 32'' and inserting ``32, or 33''.
       (c) Applicability to Individuals Under Montgomery GI Bill 
     Program.--
       (1) Individuals eligible to elect participation in post-9/
     11 educational assistance.--An individual may elect to 
     receive educational assistance under chapter 33 of title 38, 
     United States Code (as added by subsection (a)), if such 
     individual--
       (A) as of August 1, 2009--
       (i) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, and has used, but 
     retains unused, entitlement under that chapter;
       (ii) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, and has 
     used, but retains unused, entitlement under the applicable 
     chapter;
       (iii) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, but has not used 
     any entitlement under that chapter;
       (iv) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, but has 
     not used any entitlement under such chapter;
       (v) is a member of the Armed Forces who is eligible for 
     receipt of basic educational assistance under chapter 30 of 
     title 38, United States Code, and is making contributions 
     toward such assistance under section 3011(b) or 3012(c) of 
     such title; or
       (vi) is a member of the Armed Forces who is not entitled to 
     basic educational assistance under chapter 30 of title 38, 
     United States Code, by reason of an election under section 
     3011(c)(1) or 3012(d)(1) of such title; and
       (B) as of the date of the individual's election under this 
     paragraph, meets the requirements for entitlement to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added).
       (2) Cessation of contributions toward gi bill.--Effective 
     as of the first month beginning on or after the date of an 
     election under paragraph (1) of an individual described by 
     subparagraph (A)(v) of that paragraph, the obligation of the 
     individual to make contributions under section 3011(b) or 
     3012(c) of title 38, United States Code, as applicable, shall 
     cease, and the requirements of such section shall be deemed 
     to be no longer applicable to the individual.
       (3) Revocation of remaining transferred entitlement.--
       (A) Election to revoke.--If, on the date an individual 
     described in subparagraph (A)(i) or (A)(iii) of paragraph (1) 
     makes an election under that paragraph, a transfer of the 
     entitlement of the individual to basic educational assistance 
     under section 3020 of title 38, United States Code, is in 
     effect and a number of months of the entitlement so 
     transferred remain unutilized, the individual may elect to 
     revoke all or a portion of the entitlement so transferred 
     that remains unutilized.
       (B) Availability of revoked entitlement.--Any entitlement 
     revoked by an individual under this paragraph shall no longer 
     be available to the dependent to whom transferred, but shall 
     be available to the individual instead for educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), in accordance with the provisions of this 
     subsection.
       (C) Availability of unrevoked entitlement.--Any entitlement 
     described in subparagraph (A) that is not revoked by an 
     individual in accordance with that subparagraph shall remain 
     available to the dependent or dependents concerned in 
     accordance with the current transfer of such entitlement 
     under section 3020 of title 38, United States Code.
       (4) Post-9/11 educational assistance.--
       (A) In general.--Subject to subparagraph (B) and except as 
     provided in paragraph (5), an individual making an election 
     under paragraph (1) shall be entitled to educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), in accordance with the provisions of such 
     chapter, instead of basic educational assistance under 
     chapter 30 of title 38, United States Code, or educational 
     assistance under chapter 107, 1606, or 1607 of title 10, 
     United States Code, as applicable.
       (B) Limitation on entitlement for certain individuals.--In 
     the case of an individual making an election under paragraph 
     (1) who is described by subparagraph (A)(i) of that 
     paragraph, the number of months of entitlement of the 
     individual to educational assistance under chapter 33 of 
     title 38, United States Code (as so added), shall be the 
     number of months equal to--
       (i) the number of months of unused entitlement of the 
     individual under chapter 30 of title 38, United States Code, 
     as of the date of the election, plus
       (ii) the number of months, if any, of entitlement revoked 
     by the individual under paragraph (3)(A).

[[Page S4543]]

       (5) Continuing entitlement to educational assistance not 
     available under 9/11 assistance program.--
       (A) In general.--In the event educational assistance to 
     which an individual making an election under paragraph (1) 
     would be entitled under chapter 30 of title 38, United States 
     Code, or chapter 107, 1606, or 1607 of title 10, United 
     States Code, as applicable, is not authorized to be available 
     to the individual under the provisions of chapter 33 of title 
     38, United States Code (as so added), the individual shall 
     remain entitled to such educational assistance in accordance 
     with the provisions of the applicable chapter.
       (B) Charge for use of entitlement.--The utilization by an 
     individual of entitlement under subparagraph (A) shall be 
     chargeable against the entitlement of the individual to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added), at the rate of one month of 
     entitlement under such chapter 33 for each month of 
     entitlement utilized by the individual under subparagraph (A) 
     (as determined as if such entitlement were utilized under the 
     provisions of chapter 30 of title 38, United States Code, or 
     chapter 107, 1606, or 1607 of title 10, United States Code, 
     as applicable).
       (6) Additional post-9/11 assistance for members having made 
     contributions toward gi bill.--
       (A) Additional assistance.--In the case of an individual 
     making an election under paragraph (1) who is described by 
     clause (i), (iii), or (v) of subparagraph (A) of that 
     paragraph, the amount of educational assistance payable to 
     the individual under chapter 33 of title 38, United States 
     Code (as so added), as a monthly stipend payable under 
     paragraph (1)(B) of section 3313(c) of such title (as so 
     added), or under paragraphs (2) through (7) of that section 
     (as applicable), shall be the amount otherwise payable as a 
     monthly stipend under the applicable paragraph increased by 
     the amount equal to--
       (i) the total amount of contributions toward basic 
     educational assistance made by the individual under section 
     3011(b) or 3012(c) of title 38, United States Code, as of the 
     date of the election, multiplied by
       (ii) the fraction--

       (I) the numerator of which is--

       (aa) the number of months of entitlement to basic 
     educational assistance under chapter 30 of title 38, United 
     States Code, remaining to the individual at the time of the 
     election; plus
       (bb) the number of months, if any, of entitlement under 
     such chapter 30 revoked by the individual under paragraph 
     (3)(A); and

       (II) the denominator of which is 36 months.

       (B) Months of remaining entitlement for certain 
     individuals.--In the case of an individual covered by 
     subparagraph (A) who is described by paragraph (1)(A)(v), the 
     number of months of entitlement to basic educational 
     assistance remaining to the individual for purposes of 
     subparagraph (A)(ii)(I)(aa) shall be 36 months.
       (C) Timing of payment.--The amount payable with respect to 
     an individual under subparagraph (A) shall be paid to the 
     individual together with the last payment of the monthly 
     stipend payable to the individual under paragraph (1)(B) of 
     section 3313(c) of title 38, United States Code (as so 
     added), or under paragraphs (2) through (7) of that section 
     (as applicable), before the exhaustion of the individual's 
     entitlement to educational assistance under chapter 33 of 
     such title (as so added).
       (7) Continuing entitlement to additional assistance for 
     critical skills or speciality and additional service.--An 
     individual making an election under paragraph (1)(A) who, at 
     the time of the election, is entitled to increased 
     educational assistance under section 3015(d) of title 38, 
     United States Code, or section 16131(i) of title 10, United 
     States Code, or supplemental educational assistance under 
     subchapter III of chapter 30 of title 38, United States Code, 
     shall remain entitled to such increased educational 
     assistance or supplemental educational assistance in the 
     utilization of entitlement to educational assistance under 
     chapter 33 of title 38, United States Code (as so added), in 
     an amount equal to the quarter, semester, or term, as 
     applicable, equivalent of the monthly amount of such 
     increased educational assistance or supplemental educational 
     assistance payable with respect to the individual at the time 
     of the election.
       (8) Irrevocability of elections.--An election under 
     paragraph (1) or (3)(A) is irrevocable.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on August 1, 2009.

     SEC. 4004. INCREASE IN AMOUNTS OF BASIC EDUCATIONAL 
                   ASSISTANCE UNDER THE MONTGOMERY GI BILL.

       (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.

     SEC. 4005. MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSEMENT 
                   OF STATE AND LOCAL AGENCIES ADMINISTERING 
                   VETERANS EDUCATION BENEFITS.

       Section 3674(a)(4) of title 38, United States Code, is 
     amended by striking ``may not exceed'' and all that follows 
     through the end and inserting ``shall be $19,000,000.''.

              TITLE V--EMERGENCY UNEMPLOYMENT COMPENSATION


                        federal-state agreements

       Sec. 5001.  (a) In General.--Any State which desires to do 
     so may enter into and participate in an agreement under this 
     title with the Secretary of Labor (in this title referred to 
     as the ``Secretary''). Any State which is a party to an 
     agreement under this title may, upon providing 30 days 
     written notice to the Secretary, terminate such agreement.
       (b) Provisions of Agreement.--Any agreement under 
     subsection (a) shall provide that the State agency of the 
     State will make payments of emergency unemployment 
     compensation to individuals who--
       (1) have exhausted all rights to regular compensation under 
     the State law or under Federal law with respect to a benefit 
     year (excluding any benefit year that ended before May 1, 
     2007);
       (2) have no rights to regular compensation or extended 
     compensation with respect to a week under such law or any 
     other State unemployment compensation law or to compensation 
     under any other Federal law (except as provided under 
     subsection (e)); and
       (3) are not receiving compensation with respect to such 
     week under the unemployment compensation law of Canada.
       (c) Exhaustion of Benefits.--For purposes of subsection 
     (b)(1), an individual shall be deemed to have exhausted such 
     individual's rights to regular compensation under a State law 
     when--
       (1) no payments of regular compensation can be made under 
     such law because such individual has received all regular 
     compensation available to such individual based on employment 
     or wages during such individual's base period; or
       (2) such individual's rights to such compensation have been 
     terminated by reason of the expiration of the benefit year 
     with respect to which such rights existed.
       (d) Weekly Benefit Amount, Etc.--For purposes of any 
     agreement under this title--
       (1) the amount of emergency unemployment compensation which 
     shall be payable to any individual for any week of total 
     unemployment shall be equal to the amount of the regular 
     compensation (including dependents' allowances) payable to 
     such individual during such individual's benefit year under 
     the State law for a week of total unemployment;
       (2) the terms and conditions of the State law which apply 
     to claims for regular compensation and to the payment thereof 
     shall apply to claims for emergency unemployment compensation 
     and the payment thereof, except where otherwise inconsistent 
     with the provisions of this title or with the regulations or 
     operating instructions of the Secretary promulgated to carry 
     out this title; and
       (3) the maximum amount of emergency unemployment 
     compensation payable to any individual for whom an emergency 
     unemployment compensation account is established under 
     section 5002 shall not exceed the amount established in such 
     account for such individual.
       (e) Election by States.--Notwithstanding any other 
     provision of Federal law (and if State law permits), the 
     Governor of a State that is in an extended benefit period may 
     provide for the payment of emergency unemployment 
     compensation prior to extended compensation to individuals 
     who otherwise meet the requirements of this section.


              emergency unemployment compensation account

       Sec. 5002.  (a) In General.--Any agreement under this title 
     shall provide that the State will establish, for each 
     eligible individual

[[Page S4544]]

     who files an application for emergency unemployment 
     compensation, an emergency unemployment compensation account 
     with respect to such individual's benefit year.
       (b) Amount in Account.--
       (1) In general.--The amount established in an account under 
     subsection (a) shall be equal to the lesser of--
       (A) 50 percent of the total amount of regular compensation 
     (including dependents' allowances) payable to the individual 
     during the individual's benefit year under such law, or
       (B) 13 times the individual's average weekly benefit amount 
     for the benefit year.
       (2) Weekly benefit amount.--For purposes of this 
     subsection, an individual's weekly benefit amount for any 
     week is the amount of regular compensation (including 
     dependents' allowances) under the State law payable to such 
     individual for such week for total unemployment.
       (c) Special Rule.--
       (1) In general.--Notwithstanding any other provision of 
     this section, if, at the time that the individual's account 
     is exhausted or at any time thereafter, such individual's 
     State is in an extended benefit period (as determined under 
     paragraph (2)), then, such account shall be augmented by an 
     amount equal to the amount originally established in such 
     account (as determined under subsection (b)(1)).
       (2) Extended benefit period.--For purposes of paragraph 
     (1), a State shall be considered to be in an extended benefit 
     period, as of any given time, if--
       (A) such a period is then in effect for such State under 
     the Federal-State Extended Unemployment Compensation Act of 
     1970;
       (B) such a period would then be in effect for such State 
     under such Act if section 203(d) of such Act--
       (i) were applied by substituting ``4'' for ``5'' each place 
     it appears; and
       (ii) did not include the requirement under paragraph 
     (1)(A); or
       (C) such a period would then be in effect for such State 
     under such Act if--
       (i) section 203(f) of such Act were applied to such State 
     (regardless of whether the State by law had provided for such 
     application); and
       (ii) such section 203(f)--

       (I) were applied by substituting ``6.0'' for ``6.5'' in 
     paragraph (1)(A)(i); and
       (II) did not include the requirement under paragraph 
     (1)(A)(ii).


   payments to states having agreements for the payment of emergency 
                       unemployment compensation

       Sec. 5003.  (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. 5004.  (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. 5005.  (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. 5006.  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. 5007.  (a) In General.--Except as provided in 
     subsection (b), an agreement entered into under this title 
     shall apply to weeks of unemployment--
       (1) beginning after the date on which such agreement is 
     entered into; and
       (2) ending on or before March 31, 2009.
       (b) Transition for Amount Remaining in Account.--
       (1) In general.--Subject to paragraphs (2) and (3), in the 
     case of an individual who has amounts remaining in an account 
     established under section 5002 as of the last day of the last 
     week (as determined in accordance with the applicable State 
     law) ending on or before March 31, 2009, emergency 
     unemployment compensation shall continue to be payable to 
     such individual from such amounts for any week beginning 
     after such last day for which the individual meets the 
     eligibility requirements of this title.
       (2) Limit on augmentation.--If the account of an individual 
     is exhausted after the last day of such last week (as so 
     determined), then section 5002(c) shall not apply and such 
     account shall not be augmented under such section, regardless 
     of whether such individual's State is in an extended benefit 
     period (as determined under paragraph (2) of such section).
       (3) Limit on compensation.--No compensation shall be 
     payable by reason of paragraph

[[Page S4545]]

     (1) for any week beginning after June 30, 2009.

                     TITLE VI--OTHER HEALTH MATTERS

       Sec. 6001. (a) Moratoria on Certain Medicaid Regulations.--
       (1) Extension of certain moratoria in public law 110-28.--
     Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' 
     Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28) is amended--
       (A) by striking ``prior to the date that is 1 year after 
     the date of enactment of this Act'' and inserting ``prior to 
     April 1, 2009'';
       (B) in subparagraph (A), by inserting after ``Federal 
     Regulations)'' the following: ``or in the final regulation, 
     relating to such parts, published on May 29, 2007 (72 Federal 
     Register 29748)''; and
       (C) in subparagraph (C), by inserting before the period at 
     the end the following: ``, including the proposed regulation 
     published on May 23, 2007 (72 Federal Register 28930)''.
       (2) Extension of certain moratoria in public law 110-173.--
     Section 206 of the Medicare, Medicaid, and SCHIP Extension 
     Act of 2007 (Public Law 110-173) is amended--
       (A) by striking ``June 30, 2008'' and inserting ``April 1, 
     2009'';
       (B) by inserting ``, including the proposed regulation 
     published on August 13, 2007 (72 Federal Register 45201),'' 
     after ``rehabilitation services''; and
       (C) by inserting ``, including the final regulation 
     published on December 28, 2007 (72 Federal Register 73635),'' 
     after ``school-based transportation''.
       (3) Moratorium on interim final medicaid regulation 
     relating to optional case management and targeted case 
     management services.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services shall not, 
     prior to April 1, 2009, finalize, implement, enforce, or 
     otherwise 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 the interim final regulation 
     relating to optional State plan case management services and 
     targeted case management services under the Medicaid program 
     published on December 4, 2007 (72 Federal Register 68077) in 
     its entirety.
       (4) 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) Proposed regulation relating to redefinition of 
     medicaid outpatient hospital services.--The provision 
     described in this subparagraph is the proposed regulation 
     relating to clarification of outpatient clinic and hospital 
     facility services definition and upper payment limit under 
     the Medicaid program published on September 28, 2007 (72 
     Federal Register 55158) in its entirety.
       (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 September 27, 2007; or
       (ii) subparagraph (C) is February 21, 2008.
       (b) Restoration of Access to Nominal Drug Pricing for 
     Certain Clinics and Health Centers.--
       (1) In general.--Section 1927(c)(1)(D) of the Social 
     Security Act (42 U.S.C. Sec. 1396r-8(c)(1)(D)), as added by 
     section 6001(d)(2) of the Deficit Reduction Act of 2005 
     (Public Law 109-171), is amended--
       (A) in clause (i)--
       (i) by redesignating subclause (IV) as subclause (VI); and
       (ii) by inserting after subclause (III) the following:

       ``(IV) An entity that--

       ``(aa) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Act or is State-owned or operated; and
       ``(bb) would be a covered entity described in section 
     340(B)(a)(4) of the Public Health Service Act insofar as the 
     entity provides the same type of services to the same type of 
     populations as a covered entity described in such section 
     provides, but does not receive funding under a provision of 
     law referred to in such section.

       ``(V) A public or nonprofit entity, or an entity based at 
     an institution of higher learning whose primary purpose is to 
     provide health care services to students of that institution, 
     that provides a service or services described under section 
     1001(a) of the Public Health Service Act.''; and

       (B) by adding at the end the following new clause:
       ``(iv) Rule of construction.--Nothing in this subparagraph 
     shall be construed to alter any existing statutory or 
     regulatory prohibition on services with respect to an entity 
     described in subclause (IV) or (V) of clause (i), including 
     the prohibition set forth in section 1008 of the Public 
     Health Service Act.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect as if included in the amendment made by 
     section 6001(d)(2) of the Deficit Reduction Act of 2005.
       (c) Asset Verification Through Access to Information Held 
     by Financial Institutions.--
       (1) Addition of authority.--Title XIX of the Social 
     Security Act is amended by inserting after section 1939 the 
     following new section:


 ``asset verification through access to information held by financial 
                              institutions

       ``Sec. 1940.  (a) Implementation.--
       ``(1) In general.--Subject to the provisions of this 
     section, each State shall implement an asset verification 
     program described in subsection (b), for purposes of 
     determining or redetermining the eligibility of an individual 
     for medical assistance under the State plan under this title.
       ``(2) Plan submittal.--In order to meet the requirement of 
     paragraph (1), each State shall--
       ``(A) submit not later than a deadline specified by the 
     Secretary consistent with paragraph (3), a State plan 
     amendment under this title that describes how the State 
     intends to implement the asset verification program; and
       ``(B) provide for implementation of such program for 
     eligibility determinations and redeterminations made on or 
     after 6 months after the deadline established for submittal 
     of such plan amendment.
       ``(3) Phase-in.--
       ``(A) In general.--
       ``(i) Implementation in current asset verification demo 
     states.--The Secretary shall require those States specified 
     in subparagraph (C) (to which an asset verification program 
     has been applied before the date of the enactment of this 
     section) to implement an asset verification program under 
     this subsection by the end of fiscal year 2009.
       ``(ii) Implementation in other states.--The Secretary shall 
     require other States to submit and implement an asset 
     verification program under this subsection in such manner as 
     is designed to result in the application of such programs, in 
     the aggregate for all such other States, to enrollment of 
     approximately, but not less than, the following percentage of 
     enrollees, in the aggregate for all such other States, by the 
     end of the fiscal year involved:

       ``(I) 12.5 percent by the end of fiscal year 2009.
       ``(II) 25 percent by the end of fiscal year 2010.
       ``(III) 50 percent by the end of fiscal year 2011.
       ``(IV) 75 percent by the end of fiscal year 2012.
       ``(V) 100 percent by the end of fiscal year 2013.

       ``(B) Consideration.--In selecting States under 
     subparagraph (A)(ii), the Secretary shall consult with the 
     States involved and take into account the feasibility of 
     implementing asset verification programs in each such State.
       ``(C) States specified.--The States specified in this 
     subparagraph are California, New York, and New Jersey.
       ``(D) Construction.--Nothing in subparagraph (A)(ii) shall 
     be construed as preventing a State from requesting, and the 
     Secretary approving, the implementation of an asset 
     verification program in advance of the deadline otherwise 
     established under such subparagraph.
       ``(4) Exemption of territories.--This section shall only 
     apply to the 50 States and the District of Columbia.
       ``(b) Asset Verification Program.--
       ``(1) In general.--For purposes of this section, an asset 
     verification program means a program described in paragraph 
     (2) under which a State--
       ``(A) requires each applicant for, or recipient of, medical 
     assistance under the State plan under this title on the basis 
     of being aged, blind, or disabled to provide authorization by 
     such applicant or recipient (and any other person whose 
     resources are required by law to be disclosed to determine 
     the eligibility of the applicant or recipient for such

[[Page S4546]]

     assistance) for the State to obtain (subject to the cost 
     reimbursement requirements of section 1115(a) of the Right to 
     Financial Privacy Act of 1978 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 of 1978, an 
     authorization provided to a State under subsection (b)(1)(A) 
     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)(A), 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 of 1978 
     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 of 1978 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 of 1978 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)(A), 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. 6002. Limitation on Medicare Exception to the 
     Prohibition on Certain Physician Referrals for Hospitals.--
       (a) In General.--Section 1877 of the Social Security Act 
     (42 U.S.C. 1395nn) is amended--
       (1) in subsection (d)(2)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) in the case where the entity is a hospital, the 
     hospital meets the requirements of paragraph (3)(D).'';
       (2) in subsection (d)(3)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) the hospital meets the requirements described in 
     subsection (i)(1) not later than 18 months after the date of 
     the enactment of this subparagraph.''; and
       (3) by adding at the end the following new subsection:
       ``(i) Requirements for Hospitals To Qualify for Hospital 
     Exception to Ownership or Investment Prohibition.--
       ``(1) Requirements described.--For purposes of subsection 
     (d)(3)(D), the requirements described in this paragraph for a 
     hospital are as follows:
       ``(A) Provider agreement.--The hospital had--
       ``(i) physician ownership on September 1, 2008; and
       ``(ii) a provider agreement under section 1866 in effect on 
     such date.
       ``(B) Limitation on expansion of facility capacity.--Except 
     as provided in paragraph (3), the number of operating rooms, 
     procedure rooms, and beds of the hospital at any time on or 
     after the date of the enactment of this subsection are no 
     greater than the number of operating rooms, procedure rooms, 
     and beds as of such date.
       ``(C) Preventing conflicts of interest.--
       ``(i) The hospital submits to the Secretary an annual 
     report containing a detailed description of--

       ``(I) the identity of each physician owner and any other 
     owners of the hospital; and
       ``(II) the nature and extent of all ownership interests in 
     the hospital.

       ``(ii) The hospital has procedures in place to require that 
     any referring physician owner discloses to the patient being 
     referred, by a time that permits the patient to make a 
     meaningful decision regarding the receipt of care, as 
     determined by the Secretary--

       ``(I) the ownership interest of such referring physician in 
     the hospital; and
       ``(II) if applicable, any such ownership interest of the 
     treating physician.

       ``(iii) The hospital does not condition any physician 
     ownership interests either directly or indirectly on the 
     physician owner making or influencing referrals to the 
     hospital or otherwise generating business for the hospital.
       ``(iv) The hospital discloses the fact that the hospital is 
     partially owned by physicians--

       ``(I) on any public website for the hospital; and
       ``(II) in any public advertising for the hospital.

       ``(D) Ensuring bona fide investment.--
       ``(i) Physician owners in the aggregate do not own more 
     than the greater of--

       ``(I) 40 percent of the total value of the investment 
     interests held in the hospital or in an entity whose assets 
     include the hospital; or
       ``(II) the percentage of such total value determined on the 
     date of enactment of this subsection.

       ``(ii) Any ownership or investment interests that the 
     hospital offers to a physician owner are not offered on more 
     favorable terms than the terms offered to a person who is not 
     a physician owner.
       ``(iii) The hospital (or any investors in the hospital) 
     does not directly or indirectly provide loans or financing 
     for any physician owner investments in the hospital.
       ``(iv) The hospital (or any investors in the hospital) does 
     not directly or indirectly guarantee a loan, make a payment 
     toward a loan, or otherwise subsidize a loan, for any

[[Page S4547]]

     individual physician owner or group of physician owners that 
     is related to acquiring any ownership interest in the 
     hospital.
       ``(v) Investment returns are distributed to each investor 
     in the hospital in an amount that is directly proportional to 
     the ownership interest of such investor in the hospital.
       ``(vi) Physician owners do not receive, directly or 
     indirectly, any guaranteed receipt of or right to purchase 
     other business interests related to the hospital, including 
     the purchase or lease of any property under the control of 
     other investors in the hospital or located near the premises 
     of the hospital.
       ``(vii) The hospital does not offer a physician owner the 
     opportunity to purchase or lease any property under the 
     control of the hospital or any other investor in the hospital 
     on more favorable terms than the terms offered to an 
     individual who is not a physician owner.
       ``(E) Patient safety.--
       ``(i) Insofar as the hospital admits a patient and does not 
     have any physician available on the premises to provide 
     services during all hours in which the hospital is providing 
     services to such patient, before admitting the patient--

       ``(I) the hospital discloses such fact to a patient; and
       ``(II) following such disclosure, the hospital receives 
     from the patient a signed acknowledgment that the patient 
     understands such fact.

       ``(ii) The hospital has the capacity to--

       ``(I) provide assessment and initial treatment for 
     patients; and
       ``(II) refer and transfer patients to hospitals with the 
     capability to treat the needs of the patient involved.

       ``(F) Limitation on application to certain converted 
     facilities.--The hospital was not converted from an 
     ambulatory surgical center to a hospital on or after the date 
     of enactment of this subsection.
       ``(2) Publication of information reported.--The Secretary 
     shall publish, and update on an annual basis, the information 
     submitted by hospitals under paragraph (1)(C)(i) on the 
     public Internet website of the Centers for Medicare & 
     Medicaid Services.
       ``(3) Exception to prohibition on expansion of facility 
     capacity.--
       ``(A) Process.--
       ``(i) Establishment.--The Secretary shall establish and 
     implement a process under which an applicable hospital (as 
     defined in subparagraph (E)) may apply for an exception from 
     the requirement under paragraph (1)(B).
       ``(ii) Opportunity for community input.--The process under 
     clause (i) shall provide individuals and entities in the 
     community that the applicable hospital applying for an 
     exception is located with the opportunity to provide input 
     with respect to the application.
       ``(iii) Timing for implementation.--The Secretary shall 
     implement the process under clause (i) on November 1, 2009.
       ``(iv) Regulations.--Not later than November 1, 2009, the 
     Secretary shall promulgate regulations to carry out the 
     process under clause (i).
       ``(B) Frequency.--The process described in subparagraph (A) 
     shall permit an applicable hospital to apply for an exception 
     up to once every 2 years.
       ``(C) Permitted increase.--
       ``(i) In general.--Subject to clause (ii) and subparagraph 
     (D), an applicable hospital granted an exception under the 
     process described in subparagraph (A) may increase the number 
     of operating rooms, procedure rooms, and beds of the 
     applicable hospital above the baseline number of operating 
     rooms, procedure rooms, and beds of the applicable hospital 
     (or, if the applicable hospital has been granted a previous 
     exception under this paragraph, above the number of operating 
     rooms, procedure rooms, and beds of the hospital after the 
     application of the most recent increase under such an 
     exception).
       ``(ii) Lifetime 100 percent increase limitation.--The 
     Secretary shall not permit an increase in the number of 
     operating rooms, procedure rooms, and beds of an applicable 
     hospital under clause (i) to the extent such increase would 
     result in the number of operating rooms, procedure rooms, and 
     beds of the applicable hospital exceeding 200 percent of the 
     baseline number of operating rooms, procedure rooms, and beds 
     of the applicable hospital.
       ``(iii) Baseline number of operating rooms, procedure 
     rooms, and beds.--In this paragraph, the term `baseline 
     number of operating rooms, procedure rooms, and beds' means 
     the number of operating rooms, procedure rooms, and beds of 
     the applicable hospital as of the date of enactment of this 
     subsection.
       ``(D) Increase limited to facilities on the main campus of 
     the hospital.--Any increase in the number of operating rooms, 
     procedure rooms, and beds of an applicable hospital pursuant 
     to this paragraph may only occur in facilities on the main 
     campus of the applicable hospital.
       ``(E) Applicable hospital.--In this paragraph, the term 
     ``applicable hospital'' means a hospital--
       ``(i) that is located in a county in which the percentage 
     increase in the population during the most recent 5-year 
     period (as of the date of the application under subparagraph 
     (A)) is at least 150 percent of the percentage increase in 
     the population growth of the State in which the hospital is 
     located during that period, as estimated by Bureau of the 
     Census;
       ``(ii) whose annual percent of total inpatient admissions 
     that represent inpatient admissions under the program under 
     title XIX is equal to or greater than the average percent 
     with respect to such admissions for all hospitals located in 
     the county in which the hospital is located;
       ``(iii) that does not discriminate against beneficiaries of 
     Federal health care programs and does not permit physicians 
     practicing at the hospital to discriminate against such 
     beneficiaries;
       ``(iv) that is located in a State in which the average bed 
     capacity in the State is less than the national average bed 
     capacity; and
       ``(v) that has an average bed occupancy rate that is 
     greater than the average bed occupancy rate in the State in 
     which the hospital is located.
       ``(F) Procedure rooms.--In this subsection, the term 
     `procedure rooms' includes rooms in which catheterizations, 
     angiographies, angiograms, and endoscopies are performed, 
     except such term shall not include emergency rooms or 
     departments (exclusive of rooms in which catheterizations, 
     angiographies, angiograms, and endoscopies are performed).
       ``(G) Publication of final decisions.--Not later than 60 
     days after receiving a complete application under this 
     paragraph, the Secretary shall publish in the Federal 
     Register the final decision with respect to such application.
       ``(H) Limitation on review.--There shall be no 
     administrative or judicial review under section 1869, section 
     1878, or otherwise of the process under this paragraph 
     (including the establishment of such process).
       ``(4) Collection of ownership and investment information.--
     For purposes of subparagraphs (A)(i) and (D)(i) of paragraph 
     (1), the Secretary shall collect physician ownership and 
     investment information for each hospital.
       ``(5) Physician owner defined.--For purposes of this 
     subsection, the term `physician owner' means a physician (or 
     an immediate family member of such physician) with a direct 
     or an indirect ownership interest in the hospital.''.
       (b) Enforcement.--
       (1) Ensuring compliance.--The Secretary of Health and Human 
     Services shall establish policies and procedures to ensure 
     compliance with the requirements described in subsection 
     (i)(1) of section 1877 of the Social Security Act, as added 
     by subsection (a)(3), beginning on the date such requirements 
     first apply. Such policies and procedures may include 
     unannounced site reviews of hospitals.
       (2) Audits.--Beginning not later than January 1, 2010, the 
     Secretary of Health and Human Services shall conduct audits 
     to determine if hospitals violate the requirements referred 
     to in paragraph (1).
       Sec. 6003. 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, $3,340,000,000.
       ``(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.''.
       Sec. 6004. Moratorium on August 17, 2007 CMS Directive. 
     Notwithstanding any other provision of law, the Secretary of 
     Health and Human Services shall not, prior to April 1, 2009, 
     finalize, implement, enforce, or otherwise take any action to 
     give effect to any or all components of the State Health 
     Official Letter 07-001, dated August 17, 2007, issued by the 
     Director of the Center for Medicaid and State Operations in 
     the Centers for Medicare & Medicaid Services regarding 
     certain requirements under the State Children's Health 
     Insurance Program (CHIP) relating to the prevention of the 
     substitution of health benefits coverage for children 
     (commonly referred to as ``crowd-out'') and the enforcement 
     of medical support orders (or to any similar administrative 
     actions that reflect the same or similar policies set forth 
     in such letter). Any change made on or after August 17, 2007, 
     to a Medicaid or CHIP State plan or waiver to implement, 
     conform to, or otherwise adhere to the requirements or 
     policies in such letter shall not apply prior to April 1, 
     2009.

[[Page S4548]]

       Sec. 6005. Adjustment to PAQI Fund. Section 1848(l)(2) of 
     the Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended 
     by section 101(a)(2) of the Medicare, Medicaid, and SCHIP 
     Extension Act of 2007 (Public Law 110-173), is amended--
       (1) in subparagraph (A)(i)--
       (A) in subclause (III), by striking ``$4,960,000,000'' and 
     inserting ``$3,940,000,000''; and
       (B) by adding at the end the following new subclause:

       ``(IV) For expenditures during 2014, an amount equal to 
     $3,750,000,000.'';

       (2) in subparagraph (A)(ii), by adding at the end the 
     following new subclause:

       ``(IV) 2014.--The amount available for expenditures during 
     2014 shall only be available for an adjustment to the update 
     of the conversion factor under subsection (d) for that 
     year.''; and

       (3) in subparagraph (B)--
       (A) in clause (ii), by striking ``and'' at the end;
       (B) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new clause:
       ``(iv) 2014 for payment with respect to physicians' 
     services furnished during 2014.''.

  TITLE VII--ACCOUNTABILITY AND COMPETITION IN GOVERNMENT CONTRACTING

             CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE


                              short title

       Sec. 7101.  This chapter may be cited as the ``Close the 
     Contractor Fraud Loophole Act''.


             revision of the federal acquisition regulation

       Sec. 7102. 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. 7103. 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. 7201. This chapter may be cited as the ``Government 
     Funding Transparency Act of 2008''.


  financial disclosure requirements for certain recipients of federal 
                                 awards

       Sec. 7202. (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 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 subsections (a) and (b) of 
     section 204 of S. Con. Res. 21 (110th Congress), the 
     concurrent resolution on the budget for fiscal year 2008.


              avoidance of u.s. payroll tax contributions

       Sec. 8003. None of the funds in this Act may be used by any 
     Federal agency for a contract with any United States 
     corporation which hires United States employees through 
     foreign offshore subsidiaries for purposes of avoiding United 
     States payroll tax contributions for such employees.


                         EXPLANATORY STATEMENT

       Sec. 8004. The explanatory statement printed in the Senate 
     section of the Congressional Record on May 19, 2008, 
     submitted by the Chairman of the Committee on Appropriations 
     of the Senate regarding the amendments of the Senate to the 
     House amendments to the Senate amendment to the bill H.R. 
     2642, making appropriations for military construction, the 
     Department of Veterans Affairs, and related agencies for the 
     fiscal year ending September 30, 2008, and for other 
     purposes, submitted by the Chairman of the Committee on 
     Appropriations of the Senate, shall have the same effect with 
     respect to the allocation of funds and implementation of 
     titles I through XIII of this Act as if it were a report to 
     the Senate on a bill reported by the Committee on 
     Appropriations.
       This Act shall become effective 2 days after enactment.


                              short title

       Sec. 8005. This Act may be cited as the ``Supplemental 
     Appropriations Act, 2008''.

                          ____________________