[Congressional Record Volume 154, Number 84 (Wednesday, May 21, 2008)]
[Senate]
[Pages S4627-S4700]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    TEXT OF AMENDMENTS--MAY 20, 2008

  SA 4789. Mr. REID proposed an amendment to House amendment numbered 2 
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; 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.

                            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

[[Page S4628]]

     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''.

                               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.

[[Page S4629]]

                      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 
     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.

[[Page S4630]]

   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.


                              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

[[Page S4631]]

     $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 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

[[Page S4632]]

     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 10002 of title X 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.
       (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 10002 of title X 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.

[[Page S4633]]

       (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 10002 of title X 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 10002 of title X of this Act shall not apply to 
     this section.


                              SOUTH AFRICA

       Sec. 1413. The Secretary of State, after consultation with 
     the Attorney General and the Secretary of Homeland Security, 
     may determine, in the Secretary's sole and unreviewable 
     discretion considering the foreign policy interests of the 
     United States, that for activities undertaken in opposition 
     to apartheid rule, subsections (a)(2) and (a)(3)(B) of 8 
     U.S.C. 1182, as amended, shall not apply.


                                 JORDAN

                    (INCLUDING RESCISSION OF FUNDS)

       Sec. 1414. (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 10002 of title X of this Act shall not apply to 
     this section.


                              Allocations

       Sec. 1415. (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. 1416. 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. 1417. (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. 1418. 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 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, to remain available until September 30, 2009, 
     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.

[[Page S4634]]

                         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 remain available until expended, 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, to remain available until September 30, 2009 
     with such sums as determined by the Administrator of the 
     National Aeronautics and Space Administration as available 
     for transfer to and ``Science, Aeronautics, Exploration'', 
     and ``Exploration Capabilities'' for restoration of funds 
     previously reallocated to meet return to flight activities.

                      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, to remain available until September 30, 
     2009.


                     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, to 
     remain available until September 30, 2009.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2201. (a) Section 3008(a) of the Digital Television 
     Transition and Public Safety Act of 2005 is amended--
       (1) by inserting ``(1) In General.--'' before ``The 
     Assistant Secretary''; and
       (2) by adding at the end thereof the following:
       ``(2) Use of funds.--As soon as practicable after the date 
     of enactment of this Act, the Assistant Secretary shall make 
     a determination, which the Assistant Secretary may adjust 
     from time to time, with respect to whether the full amount 
     provided under paragraph (1) will be needed for payments 
     under that paragraph. If the Assistant Secretary determines 
     that the full amount will not be needed for payments 
     authorized by paragraph (1), the Assistant Secretary may use 
     the remaining amount for consumer education and technical 
     assistance regarding the digital television transition and 
     the availability of the digital-to-analog converter box 
     program (in addition to any amounts expended for such purpose 
     under 3005(c)(2)(A) of this title), including partnering 
     with, providing grants to, and contracting with non-profit 
     organizations or public interest groups in achieving these 
     efforts. If the Assistant Secretary initiates such an 
     education program, the Assistant Secretary shall develop a 
     plan to address the educational and technical assistance 
     needs of vulnerable populations, such as senior citizens, 
     individuals residing in rural and remote areas, and 
     minorities, including, where appropriate, education plans 
     focusing on the need for analog pass-through digital 
     converter boxes in areas served by low power or translator 
     stations, and shall consider the speed with which these 
     objectives can be accomplished to the greatest public 
     benefit.''.
       (b) Section 3009(a) of the Deficit Reduction Act of 2005 
     (Public Law 109-171) is amended--
       (1) by striking ``fiscal year 2009'' and inserting ``fiscal 
     years 2009 through 2012''; and
       (2) by striking ``no earlier than October 1, 2010'' and 
     inserting ``on or after February 18, 2009''.

                               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 PROVISIONS--THIS CHAPTER

       Sec. 2301. (a) Subject to subsection (b), the Secretary of 
     Energy shall continue the cooperative agreement numbered DE-
     FC 26-06NT42073, as in effect on the date of enactment of 
     this Act, through March 30, 2009.
       (b) During the period beginning on the date of enactment of 
     this Act and ending on March 30, 2009--
       (1) the agreement described in subsection (a) may not be 
     terminated except by the mutual consent of the parties to the 
     agreement; and
       (2) funds may be expended under the agreement only to 
     complete and provide information and documentation to the 
     Department of Energy.
       Sec. 2302. 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

[[Page S4635]]

     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 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 PROVISIONS--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.
       Sec. 2402. (a) In General.--Section 604(a)(5) of title 28, 
     United States Code, is amended by inserting after ``hold 
     office during good behavior,'' the following: ``bankruptcy 
     judges appointed under chapter 6 of title 28; territorial 
     district court judges appointed under section 24 of the 
     Organic Act of Guam (48 U.S.C. 1424b), section 1(b) of the 
     Act of November 8, 1977 (48 U.S.C. 1821), or section 24(a) of 
     the Revised Organic Act of the Virgin Islands (48 U.S.C. 
     1614(a)); bankruptcy judges retired under section 377 of 
     title 28; and judges retired under section 373 of title 
     28,''.
       (b) Construction.--For purposes of construing and applying 
     chapter 87 of title 5, United States Code, including any 
     adjustment of insurance rates by regulation or otherwise, the 
     following categories of judicial officers shall be deemed to 
     be judges of the United States as described under section 
     8701 of title 5, United States Code:
       (1) Bankruptcy judges appointed under chapter 6 of title 
     28, United States Code.
       (2) Territorial district court judges appointed under 
     section 24 of the Organic Act of Guam (48 U.S.C. 1424b), 
     section 1(b) of the Act of November 8, 1977 (48 U.S.C. 1821), 
     or section 24(a) of the Revised Organic Act of the Virgin 
     Islands (48 U.S.C. 1614(a)).
       (3) Bankruptcy judges retired under section 377 of title 
     28, United States Code.
       (4) Judges retired under section 373 of title 28, United 
     States Code.
       (c) Effective Date.--Subsection (b) and the amendment made 
     by subsection (a) shall apply with respect to any payment 
     made on or after the first day of the first applicable pay 
     period beginning on or after the date of enactment of Public 
     Law No. 110-177.
       Sec. 2403. Life Insurance for Tax Court Judges Age 65 or 
     Over. (a) In General.--Section 7472 of the Internal Revenue 
     Code of 1986 is amended by inserting after the word 
     ``imposed'' where it appears in the second sentence the 
     following phrase: ``after April 24, 1999, that is incurred''.
       (b) Effective Date.--This amendment shall take effect as if 
     included in the amendment made by section 852 of the Pension 
     Protection Act of 2006.

                               CHAPTER 5

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2501. Secure Rural Schools Act Amendment. (a) For 
     fiscal year 2008, payments shall be made from any revenues, 
     fees, penalties, or miscellaneous receipts described in 
     sections 102(b)(3) and 103(b)(2) of the Secure Rural Schools 
     and Community Self-Determination Act of 2000 (Public Law 106-
     393; 16 U.S.C. 500 note), not to exceed

[[Page S4636]]

     $100,000,000, and the payments shall be made, to the maximum 
     extent practicable, in the same amounts, for the same 
     purposes, and in the same manner as were made to States and 
     counties in 2006 under that Act.
       (b) There is appropriated $400,000,000, to remain available 
     until December 31, 2008, to be used to cover any shortfall 
     for payments made under this section from funds not otherwise 
     appropriated.
       (c) Titles II and III of Public Law 106-393 are amended, 
     effective September 30, 2006, by striking ``2007'' and 
     ``2008'' each place they appear and inserting ``2008'' and 
     ``2009'', respectively.

                               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, which shall be 
     used to support additional scientific research in the 
     Institutes and Centers of the National Institutes of Health: 
     Provided, That these funds are to be transferred to the 
     Institutes and Centers on a pro-rata basis: Provided further, 
     That funds transferred shall be merged with and be available 
     for the same purposes and for the same time period as the 
     appropriation or fund to which transferred: Provided further, 
     That this transfer authority is in addition to any other 
     transfer authority available to the National Institutes of 
     Health: Provided further, That none of these funds are to be 
     transferred to the Buildings and Facilities appropriation, 
     the Center for Scientific Review, the Center for Information 
     Technology, the Clinical Center, the Global Fund for HIV/
     AIDS, Tuberculosis and Malaria, and the Office of the 
     Director except for the NIH Common Fund within the Office of 
     the Director, which shall receive its pro-rata share of the 
     increase.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2601. (a) 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) $500,000,000 for fiscal year 2008, for making payments 
     under subsections (a) through (d) of section 2604 of the Low-
     Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623); 
     and
       (2) $500,000,000 for fiscal year 2008, for making 
     allotments under section 2604(e) of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8623(e)) that are 
     made in such a manner as to ensure that each State's 
     allotment percentage is the percentage the State would 
     receive of funds allotted under section 2604(a) of such Act 
     (42 U.S.C. 8623(a)), if the total amount appropriated for 
     fiscal year 2008 and available to carry out such section 
     2604(a) had been less than $1,975,000,000.
       (b) Funds appropriated under subsection (a)(2), and funds 
     appropriated (but not obligated) prior to the date of 
     enactment of this Act for making payments under section 
     2604(e) of such Act (42 U.S.C. 8623(e)), shall be released to 
     States not later than 30 days after the date of enactment of 
     this Act.
       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 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.

                               CHAPTER 8

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2801. Until January 1, 2009, an aircraft used by an 
     air carrier in the operation specified in section 47528(e)(3) 
     of title 49, United States Code, as of April 1, 2008, may 
     continue to be operated under the provisions of that section 
     by an air carrier that purchases or leases that aircraft 
     after April 1, 2008, for conduct of the same operation. 
     Operation of that aircraft under section 47528(e)(4) is 
     authorized for the same time period.
       Sec. 2802. Title 49, United States Code, is amended--
       (1) by striking ``August 31, 2008,'' in section 44302(f)(1) 
     and inserting ``August 31, 2009,'';
       (2) by striking ``December 31, 2008,'' in section 
     44302(f)(1) and inserting ``December 31, 2009,''; and
       (3) by striking ``December 31, 2008'' in section 44303(b) 
     and inserting ``December 31, 2009''.

                               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

[[Page S4637]]

     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, to remain available until September 30, 2009.

            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, to remain available until September 
     30, 2009.

                         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, notwithstanding the provisions of section 
     511 of said Act, $75,000,000, to remain available until 
     September 30, 2009: 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.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 3201. Gulf of Mexico Designations. (a) Notwithstanding 
     any other provision of law, no funds made available under 
     this Act or any other Act for fiscal year 2008 or 2009 may be 
     used to establish a national monument or otherwise convey 
     protected status to any area in the marine environment of the 
     Exclusive Economic Zone of the United States under the Act of 
     June 8, 1906 (16 U.S.C. 431 et seq.).
       (b) Not later than 180 days after the date of enactment of 
     this Act, the Secretary of Commerce may, as applicable, and 
     in compliance with all requirements under title III of the 
     National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) 
     (including the procedures for designation and implementation 
     under section 304 of that Act (16 U.S.C. 1434)) with respect 
     to any proposed protected area, submit to Congress a study of 
     the proposed protected area.

                               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 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

[[Page S4638]]

     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 PROVISION--THIS CHAPTER

       Sec. 3401. (a) Extension of Participation Term for Victims 
     of Hurricane Katrina.--
       (1) Retroactivity.--If a small business concern, while 
     participating in any program or activity under the authority 
     of paragraph (10) of section 7(j) of the Small Business Act 
     (15 U.S.C. 636(j)), was located in a parish or county 
     described in paragraph (2) and was affected by Hurricane 
     Katrina of 2005, the period during which that small business 
     concern is permitted continuing participation and eligibility 
     in such program or activity shall be extended for an 
     additional 24 months.
       (2) Parishes and counties covered.--Paragraph (1) applies 
     to any parish in the State of Louisiana, or any county in the 
     State of Mississippi or in the State of Alabama, that has 
     been designated by the Administrator as a disaster area by 
     reason of Hurricane Katrina of 2005 under disaster 
     declaration 10176, 10177, 10178, 10179, 10180, or 10181.
       (3) Review and compliance.--The Administrator shall ensure 
     that the eligibility for continuing participation by each 
     small business concern that was participating in a program or 
     activity covered by paragraph (1) before the date of 
     enactment of this Act is reviewed and brought into compliance 
     with this subsection.
       (b) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration; and
       (2) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act (15 U.S.C. 
     632).

                               CHAPTER 5

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 3501. 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. 3502. 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 6

                       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.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 3601. Funds appropriated in section 132 of division F, 
     Public Law 110-161, shall not be subject to 49 CFR Part 24 or 
     Departmental policies issues pursuant to such regulations.

                               CHAPTER 7

                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 8

                         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.

[[Page S4639]]

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 3801. 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 9

                      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 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.

[[Page S4640]]

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

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

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

     ``Sec. 3312. Educational assistance: duration

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

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

       ``(a) Payment.--The Secretary shall pay to each individual 
     entitled to educational assistance under this chapter who is 
     pursuing an approved program of education (other than a 
     program covered by subsections (e) and (f)) the amounts 
     specified in subsection (c) to meet the expenses of such 
     individual's subsistence, tuition, fees, and other 
     educational costs for pursuit of such program of education.
       ``(b) Approved Programs of Education.--A program of 
     education is an approved program of education for purposes of 
     this chapter if the program of education is offered by an 
     institution of higher learning (as that term is defined in 
     section 3452(f) of this title) and is approved for purposes 
     of chapter 30 of this title (including approval by the State 
     approving agency concerned).

[[Page S4641]]

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

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

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

     ``Sec. 3314. Tutorial assistance

       ``(a) In General.--Subject to subsection (b), an individual 
     entitled to educational assistance under this chapter shall 
     also be entitled to benefits provided an eligible veteran 
     under section 3492 of this title.
       ``(b) Conditions.--(1) The provision of benefits under 
     subsection (a) shall be subject to the conditions applicable 
     to an eligible veteran under section 3492 of this title.
       ``(2) In addition to the conditions specified in paragraph 
     (1), benefits may not be provided to an individual under 
     subsection (a) unless the professor or other individual 
     teaching, leading, or giving the course for which such 
     benefits are provided certifies that--
       ``(A) such benefits are essential to correct a deficiency 
     of the individual in such course; and
       ``(B) such course is required as a part of, or is 
     prerequisite or indispensable to the satisfactory pursuit of, 
     an approved program of education.
       ``(c) Amount.--(1) The amount of benefits described in 
     subsection (a) that are payable under this section may not 
     exceed $100 per month, for a maximum of 12 months, or until a 
     maximum of $1,200 is utilized.
       ``(2) The amount provided an individual under this 
     subsection is in addition to the amounts of educational 
     assistance paid the individual under section 3313 of this 
     title.

[[Page S4642]]

       ``(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 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

[[Page S4643]]

     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).
       (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

[[Page S4644]]

     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 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--

[[Page S4645]]

       (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 (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

[[Page S4646]]

     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 
     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

[[Page S4647]]

     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 
     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

[[Page S4648]]

     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.
       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)--

[[Page S4649]]

       (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--EMERGENCY AGRICULTURE RELIEF

     SEC. 8001. DEFINITIONS.

       In this title:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 or the performance of agricultural labor or services 
     described in section 101(a)(15)(H)(ii)(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Emergency agricultural worker status.--The term 
     ``emergency agricultural worker status'' means the status of 
     an alien who has been lawfully admitted into the United 
     States for temporary residence under section 8011(a).
       (4) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (5) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Homeland Security.
       (6) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.

     SEC. 8002. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     title shall take effect on the date of the enactment of this 
     Act.
       (b) Exception.--Sections 8021 and 8031 shall take effect on 
     the date that is 1 year after the date of the enactment of 
     this Act.

               Subtitle A--Emergency Agricultural Workers

     SEC. 8011. REQUIREMENTS FOR EMERGENCY AGRICULTURAL WORKER 
                   STATUS.

       (a) Requirement to Grant Emergency Agricultural Worker 
     Status.--Notwithstanding any other provision of law, the 
     Secretary shall, pursuant to the requirements of this 
     section, grant emergency agricultural worker status to an 
     alien who qualifies under this section if the Secretary 
     determines that the alien--
       (1) during the 48-month period ending on December 31, 
     2007--
       (A) performed agricultural employment in the United States 
     for at least 863 hours or 150 work days; or
       (B) earned at least $7,000 from agricultural employment;
       (2) applied for emergency agricultural worker status during 
     the 18-month application period beginning on the first day of 
     the seventh month that begins after the date of the enactment 
     of this Act;
       (3) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under section 8014; and
       (4) has not been convicted of any felony or a misdemeanor, 
     an element of which involves bodily injury, threat of serious 
     bodily injury, or damage to property in excess of $500.
       (b) Authorized Travel.--An alien who is granted emergency 
     agricultural worker status is authorized to travel outside 
     the United States (including commuting to the United States 
     from a residence in a foreign country) in the same manner as 
     an alien lawfully admitted for permanent residence.
       (c) Authorized Employment.--The Secretary shall provide an 
     alien who is granted emergency agricultural worker status an 
     employment authorized endorsement or other appropriate work 
     permit, in the same manner as an alien lawfully admitted for 
     permanent residence.
       (d) Termination of Emergency Agricultural Worker Status.--
     The Secretary shall terminate emergency agricultural worker 
     status if--
       (1) the Secretary determines that the alien is deportable;
       (2) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to emergency agricultural 
     worker status was the result of fraud or willful 
     misrepresentation (as described in section 212(a)(6)(C)(i) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(6)(C)(i)));
       (3) the alien--
       (A) commits an act that makes the alien inadmissible to the 
     United States as an immigrant, except as provided under 
     section 8014;
       (B) is convicted of a felony or at least 3 misdemeanors 
     committed in the United States;
       (C) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500; or
       (D) fails to pay any applicable Federal tax liability 
     pursuant to section 8012(d); or
       (4) the Secretary determines that the alien has not 
     fulfilled the work requirement described in subsection (e) 
     during any 1-year period in which the alien was in such 
     status and the Secretary has not waived such requirement 
     under subsection (e)(3).
       (e) Work Requirement.--
       (1) In general.--An alien shall perform at least 100 work 
     days of agricultural employment per year to maintain 
     emergency agricultural worker status under this section.
       (2) Proof.--An alien may demonstrate compliance with the 
     requirement under paragraph (1) by submitting--
       (A) the record of employment described in paragraph (4); or
       (B) the documentation described in section 8013(c)(1).
       (3) Waiver for extraordinary circumstances.--
       (A) In general.--The Secretary may waive the requirement 
     under paragraph (1) for any year in which the alien was 
     unable to work in agricultural employment due to--
       (i) pregnancy, injury, or disease, if the alien can 
     establish such pregnancy, disabling injury, or disease 
     through medical records;
       (ii) illness, disease, or other special needs of a minor 
     child, if the alien can establish such illness, disease, or 
     special needs through medical records;
       (iii) severe weather conditions that prevented the alien 
     from engaging in agricultural employment for a significant 
     period of time; or
       (iv) termination from agricultural employment without just 
     cause, if the alien establishes that he or she was unable to 
     find alternative agricultural employment after a reasonable 
     job search.
       (B) Limitation.--A waiver granted under subparagraph 
     (A)(iv) shall not be conclusive, binding, or admissible in a 
     separate or subsequent action or proceeding between the 
     employee and the employee's current or prior employer.
       (4) Record of employment.--

[[Page S4650]]

       (A) Requirement.--Each employer of an alien granted 
     emergency agricultural worker status shall annually provide--
       (i) a written record of employment to the alien; and
       (ii) a copy of such record to the Secretary.
       (B) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted emergency agricultural worker status has failed to 
     provide the record of employment required under subparagraph 
     (A) or has provided a false statement of material fact in 
     such a record, the employer shall be subject to a civil money 
     penalty in an amount not to exceed $1,000 per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (f) Required Features of Identity Card.--The Secretary 
     shall provide each alien granted emergency agricultural 
     worker status, and the spouse and any child of each such 
     alien residing in the United States, with a card that 
     contains--
       (1) an encrypted, machine-readable, electronic 
     identification strip that is unique to the alien to whom the 
     card is issued;
       (2) biometric identifiers, including fingerprints and a 
     digital photograph; and
       (3) physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the card for 
     fraudulent purposes.
       (g) Fine.--An alien granted emergency agricultural worker 
     status shall pay a fine of $250 to the Secretary.
       (h) Maximum Number.--The Secretary may not issue more than 
     1,350,000 emergency agricultural worker cards during the 5-
     year period beginning on the date of the enactment of this 
     Act.
       (i) Maximum Length of Emergency Agricultural Worker 
     Status.--Emergency agricultural worker status granted under 
     this section shall continue until the earlier of--
       (1) the date on which such status is terminated pursuant to 
     subsection (d); or
       (2) 5 years after the date on which such status is granted.

     SEC. 8012. TREATMENT OF ALIENS GRANTED EMERGENCY AGRICULTURAL 
                   WORKER STATUS.

       (a) In General.--Except as otherwise provided under this 
     section, an alien granted emergency agricultural worker 
     status (including a spouse or child granted derivative 
     status) shall be considered to be an alien lawfully admitted 
     for permanent residence for purposes of any law other than 
     any provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.).
       (b) Ineligibility for Certain Federal Public Benefits.--An 
     alien granted emergency agricultural worker status (including 
     a spouse or child granted derivative status) shall not be 
     eligible, by reason of such status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)) while in such status.
       (c) Federal Tax Liability Applies.--
       (1) In general.--An alien granted emergency agricultural 
     worker status shall pay any applicable Federal tax liability, 
     including penalties and interest, owed for any year during 
     the period of employment required under section 8011(e) for 
     which the statutory period for assessment of any deficiency 
     for such taxes has not expired.
       (2) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all taxes required 
     under this subsection.
       (d) Treatment of Spouses and Minor Children.--
       (1) Granting of status and removal.--The Secretary shall 
     grant derivative status to the alien spouse and any minor 
     child residing in the United States of an alien granted 
     emergency agricultural worker status and shall not remove 
     such derivative spouse or child during the period in which 
     the principal alien maintains such status, except as provided 
     in paragraph (4). A grant of derivative status to such a 
     spouse or child under this subparagraph shall not decrease 
     the number of aliens who may receive emergency agricultural 
     worker status under section 8011(h).
       (2) Travel.--The derivative spouse and any minor child of 
     an alien granted emergency agricultural worker status may 
     travel outside the United States in the same manner as an 
     alien lawfully admitted for permanent residence.
       (3) Employment.--The derivative spouse of an alien granted 
     emergency agricultural worker status may apply to the 
     Secretary for a work permit to authorize such spouse to 
     engage in any lawful employment in the United States while 
     such alien maintains emergency agricultural worker status.
       (4) Grounds for denial of adjustment of status and 
     removal.--The Secretary shall deny an alien spouse or child 
     adjustment of status under paragraph (1) and shall remove 
     such spouse or child under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) if the spouse or child--
       (A) commits an act that makes the alien spouse or child 
     inadmissible to the United States under section 212 of such 
     Act (8 U.S.C. 1182), except as provided under section 8014;
       (B) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (C) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.
       (e) Adjustment of Status.--Nothing in this Act may be 
     construed to prevent an alien from seeking adjustment of 
     status in accordance with any other provision of law if the 
     alien is otherwise eligible for such adjustment of status.

     SEC. 8013. APPLICATIONS.

       (a) Submission.--Applications for emergency agricultural 
     worker status may be submitted to--
       (1) the Secretary, if the applicant is represented by an 
     attorney or a nonprofit religious, charitable, social 
     service, or similar organization recognized by the Board of 
     Immigration Appeals under section 292.2 of title 8, Code of 
     Federal Regulations; or
       (2) a qualified designated entity if the applicant consents 
     to the forwarding of the application to the Secretary.
       (b) Qualified Designated Entity Defined.--In this section, 
     the term ``qualified designated entity'' means--
       (1) a qualified farm labor organization or an association 
     of employers designated by the Secretary; or
       (2) any such other person designated by the Secretary if 
     the Secretary determines such person is qualified and has 
     substantial experience, demonstrated competence, and a 
     history of long-term involvement in the preparation and 
     submission of applications for adjustment of status under 
     section 209, 210, or 245 of the Immigration and Nationality 
     Act (8 U.S.C. 1159, 1160, and 1255), the Act entitled ``An 
     Act to adjust the status of Cuban refugees to that of lawful 
     permanent residents of the United States, and for other 
     purposes'', approved November 2, 1966 (Public Law 89-732; 8 
     U.S.C. 1255 note), Public Law 95-145 (8 U.S.C. 1255 note), or 
     the Immigration Reform and Control Act of 1986 (Public Law 
     99-603; 100 Stat. 3359) or any amendment made by that Act.
       (c) Proof of Eligibility.--
       (1) In general.--An alien may establish that the alien 
     meets the requirement of subsections (a)(1) and (e)(1) of 
     section 8011 through government employment records or records 
     supplied by employers or collective bargaining organizations, 
     and such other reliable documentation as the alien may 
     provide. The Secretary shall establish special procedures to 
     properly credit work in cases in which an alien was employed 
     under an assumed name.
       (2) Documentation of work history.--
       (A) Burden of proof.--An alien applying for emergency 
     agricultural worker status has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days required under section 
     8011(a)(1).
       (B) Timely production of records.--If an employer or farm 
     labor contractor employing such an alien has kept proper and 
     adequate records respecting such employment, the alien's 
     burden of proof under subparagraph (A) may be met by securing 
     timely production of those records under regulations to be 
     promulgated by the Secretary.
       (C) Sufficient evidence.--An alien may meet the burden of 
     proof under subparagraph (A) to establish that the alien has 
     performed the days or hours of work required under section 
     8011(a)(1) by producing sufficient evidence to show the 
     extent of that employment as a matter of just and reasonable 
     inference.
       (d) Applications Submitted to Qualified Designated 
     Entities.--
       (1) Requirements.--Each qualified designated entity shall 
     agree--
       (A) to forward to the Secretary an application submitted to 
     that entity pursuant to subsection (a)(2) if the applicant 
     has consented to such forwarding;
       (B) not to forward to the Secretary any such application if 
     the applicant has not consented to such forwarding; and
       (C) to assist an alien in obtaining documentation of the 
     alien's work history, if the alien requests such assistance.
       (2) No authority to make determinations.--No qualified 
     designated entity may make a determination required under 
     this title to be made by the Secretary.
       (e) Limitation on Access to Information.--Files and records 
     collected or compiled by a qualified designated entity for 
     the purposes of this section are confidential and the 
     Secretary shall not have access to such a file or record 
     relating to an alien without the consent of the alien, except 
     as allowed by a court order issued pursuant to subsection 
     (f).
       (f) Confidentiality of Information.--
       (1) In general.--Except as otherwise provided in this 
     section, the Secretary or any other official or employee of 
     the Department or a bureau or agency of the Department is 
     prohibited from--
       (A) using information furnished by the applicant pursuant 
     to an application filed under this title, the information 
     provided by an applicant to a qualified designated entity, or 
     any information provided by an employer or former employer 
     for any purpose other than to make a determination on the 
     application or for imposing the penalties described in 
     subsection (g);
       (B) making any publication in which the information 
     furnished by any particular individual can be identified; or
       (C) permitting a person other than a sworn officer or 
     employee of the Department or a bureau or agency of the 
     Department or, with respect to applications filed with a 
     qualified

[[Page S4651]]

     designated entity, that qualified designated entity, to 
     examine individual applications.
       (2) Required disclosures.--The Secretary shall provide the 
     information furnished under this title or any other 
     information derived from such furnished information to--
       (A) a duly recognized law enforcement entity in connection 
     with a criminal investigation or prosecution, if such 
     information is requested in writing by such entity; and
       (B) an official coroner, for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (3) Construction.--
       (A) In general.--Nothing in this subsection shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes, of 
     information contained in files or records of the Department 
     pertaining to an application filed under this section, other 
     than information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       (B) Criminal convictions.--Notwithstanding any other 
     provision of this subsection, information concerning whether 
     the alien applying for emergency agricultural worker status 
     has been convicted of a crime at any time may be used or 
     released for immigration enforcement or law enforcement 
     purposes.
       (4) Crime.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     subsection shall be subject to a fine in an amount not to 
     exceed $10,000.
       (g) Penalties for False Statements in Applications.--
       (1) Criminal penalty.--Any person who--
       (A) files an application for emergency agricultural worker 
     status and knowingly and willfully falsifies, conceals, or 
     covers up a material fact or makes any false, fictitious, or 
     fraudulent statements or representations, or makes or uses 
     any false writing or document knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry, or
       (B) creates or supplies a false writing or document for use 
     in making such an application,
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       (2) Inadmissibility.--An alien who is convicted of a crime 
     under paragraph (1) shall be considered to be inadmissible to 
     the United States on the ground described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)).
       (h) Eligibility for Legal Services.--Section 504(a)(11) of 
     Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
     construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly related to an application 
     for emergency agricultural worker status.
       (i) Application Fees.--
       (1) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       (A) shall be charged for the filing of an application for 
     emergency agricultural worker status; and
       (B) may be charged by qualified designated entities to help 
     defray the costs of services provided to such applicants.
       (2) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under paragraph (1)(B) for services provided to applicants.
       (3) Disposition of fees.--
       (A) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the ``Agricultural Worker Immigration Status Adjustment 
     Account''. Notwithstanding any other provision of law, there 
     shall be deposited as offsetting receipts into the account 
     all fees collected under paragraph (1)(A).
       (B) Use of fees for application processing.--Amounts 
     deposited in the ``Agricultural Worker Immigration Status 
     Adjustment Account'' shall remain available to the Secretary 
     until expended for processing applications for emergency 
     agricultural worker status.

     SEC. 8014. WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN 
                   GROUNDS FOR INADMISSIBILITY.

       (a) Waiver of Certain Grounds of Inadmissibility.--In the 
     determination of an alien's eligibility for emergency 
     agricultural worker status, the following rules shall apply:
       (1) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (2) Waiver of other grounds.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary may waive any other provision of such section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to ensure family unity, or if otherwise in the 
     public interest.
       (B) Grounds that may not be waived.--Paragraphs (2)(A), 
     (2)(B), (2)(C), (2)(D), (2)(G), (2)(H), (2)(I), (3), and (4) 
     of such section 212(a) may not be waived by the Secretary 
     under subparagraph (A).
       (C) Construction.--Nothing in this paragraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this subparagraph to waive provisions of such 
     section 212(a).
       (3) Special rule for determination of public charge.--An 
     alien is not ineligible for emergency agricultural worker 
     status by reason of a ground of inadmissibility under section 
     212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(4)) if the alien demonstrates a history of employment 
     in the United States evidencing self-support without reliance 
     on public cash assistance.
       (b) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--Effective on the date of 
     the enactment of this Act, an alien who is apprehended before 
     the beginning of the application period described in section 
     8011(a)(2) and who can establish a nonfrivolous case of 
     eligibility for emergency agricultural worker status (but for 
     the fact that the alien may not apply for such status until 
     the beginning of such period)--
       (A) may not be removed until the alien has had the 
     opportunity during the first 30 days of the application 
     period to complete the filing of an application for such 
     status; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an employment authorized 
     endorsement or other appropriate work permit for such 
     purpose.
       (2) During application period.--An alien who presents a 
     nonfrivolous application for emergency agricultural worker 
     status during the application period described in section 
     8011(a)(2), including an alien who files such an application 
     not later than 30 days after the alien's apprehension--
       (A) may not be removed until a final determination on the 
     application has been made in accordance with this section; 
     and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an employment authorized 
     endorsement or other appropriate work permit for such 
     purpose.

     SEC. 8015. ADMINISTRATIVE AND JUDICIAL REVIEW.

       (a) In General.--There shall be no administrative or 
     judicial review of a determination respecting an application 
     for emergency agricultural worker status under this title.
       (b) Administrative Review.--
       (1) Single level of administrative appellate review.--The 
     Secretary shall establish an appellate authority to provide 
     for a single level of administrative appellate review of such 
     a determination.
       (2) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination on the 
     application and upon such additional or newly discovered 
     evidence as may not have been available at the time of the 
     determination.
       (c) Judicial Review.--
       (1) Limitation to review of removal.--There shall be 
     judicial review of such a determination only in the judicial 
     review of an order of removal under section 242 of the 
     Immigration and Nationality Act (8 U.S.C. 1252).
       (2) Standard for judicial review.--Such judicial review 
     shall be based solely upon the administrative record 
     established at the time of the review by the appellate 
     authority and the findings of fact and determinations 
     contained in such record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record considered as a whole.

     SEC. 8016. DISSEMINATION OF INFORMATION.

       Beginning not later than the first day of the application 
     period described in section 8011(a)(2), the Secretary, in 
     cooperation with qualified designated entities (as that term 
     is defined in section 8013(b)), shall broadly disseminate 
     information respecting the benefits that aliens may receive 
     under this title and the requirements that an alien is 
     required to meet to receive such benefits.

     SEC. 8017. RULEMAKING; EFFECTIVE DATE; AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Rulemaking.--The Secretary shall issue regulations to 
     implement this title not later than the first day of the 
     seventh month that begins after the date of the enactment of 
     this Act.
       (b) Effective Date.--Except as otherwise provided, this 
     title shall take effect on the date that regulations required 
     under subsection (a) are issued, regardless of whether such 
     regulations are issued on an interim basis or on any other 
     basis.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for fiscal years 2008 and 
     2009 such sums as may be necessary to implement this title.

     SEC. 8018. PRECLUSION OF SOCIAL SECURITY CREDITS FOR PERIODS 
                   WITHOUT WORK AUTHORIZATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by adding at the end the 
     following:
       ``(d)(1) Except as provided in paragraph (2), for purposes 
     of subsections (a) and (b), no quarter of coverage shall be 
     credited for any calendar year beginning on or after January 
     1, 2004, with respect to an individual granted emergency 
     agricultural worker status under section 8011 of the 
     Emergency Agriculture Relief Act of 2008, unless the 
     Commissioner of Social Security determines, on the basis of 
     information provided to the Commissioner in accordance with 
     an agreement under subsection (e) or otherwise, that the 
     individual was authorized to be employed in the United States 
     during such quarter.
       ``(2) Paragraph (1) shall not apply to an individual who 
     was assigned a social security account number before January 
     1, 2004.

[[Page S4652]]

       ``(e) Not later than 180 days after the date of the 
     enactment of this subsection, the Secretary of Homeland 
     Security shall enter into an agreement with the Commissioner 
     of Social Security to provide such information as the 
     Commissioner determines necessary to carry out the limitation 
     on crediting quarters of coverage under subsection (d).''.
       (b) Benefit Computation.--Section 215(e) of the Social 
     Security Act (42 U.S.C. 415(e)) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) in computing the average indexed monthly earnings of 
     an individual, wages or self-employment income shall not be 
     counted for any year for which no quarter of coverage may be 
     credited to such individual pursuant to section 214(d).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to benefit applications filed on or after the 
     date that is 180 days after the date of the enactment of this 
     Act based on the wages or self-employment income of an 
     individual with respect to whom a primary insurance amount 
     has not been determined under title II of the Social Security 
     Act (42 U.S.C. 401 et seq.) before such date.

     SEC. 8019. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(e)(1) of the Social Security 
     Act (42 U.S.C. 408(e)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted emergency agricultural worker status 
     under the Emergency Agriculture Relief Act of 2008,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred before the date on which 
     the alien was granted emergency agricultural worker 
     status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of the enactment of this Act.

                    Subtitle B--H-2A Worker Program

     SEC. 8021. REFORM OF H-2A WORKER PROGRAM.

       (a) In General.--Title II of the Immigration and 
     Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
     striking section 218 and inserting the following:

     ``SEC. 218. H-2A EMPLOYER APPLICATIONS.

       ``(a) Applications to the Secretary of Labor.--
       ``(1) In general.--No alien may be admitted to the United 
     States as an H-2A worker, or otherwise provided status as an 
     H-2A worker, unless the employer has filed with the Secretary 
     of Labor an application containing--
       ``(A) the assurances described in subsection (b);
       ``(B) a description of the nature and location of the work 
     to be performed;
       ``(C) the anticipated period (expected beginning and ending 
     dates) for which the workers will be needed; and
       ``(D) the number of job opportunities in which the employer 
     seeks to employ the workers.
       ``(2) Accompanied by job offer.--Each application filed 
     under paragraph (1) shall be accompanied by a copy of the job 
     offer describing the wages and other terms and conditions of 
     employment and the bona fide occupational qualifications that 
     shall be possessed by a worker to be employed in the job 
     opportunity in question.
       ``(b) Assurances for Inclusion in Applications.--The 
     assurances referred to in subsection (a)(1) are the 
     following:
       ``(1) Job opportunities covered by collective bargaining 
     agreements.--With respect to a job opportunity that is 
     covered under a collective bargaining agreement:
       ``(A) Union contract described.--The job opportunity is 
     covered by a union contract which was negotiated at arm's 
     length between a bona fide union and the employer.
       ``(B) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(C) Notification of bargaining representatives.--The 
     employer, at the time of filing the application, has provided 
     notice of the filing under this paragraph to the bargaining 
     representative of the employer's employees in the 
     occupational classification at the place or places of 
     employment for which aliens are sought.
       ``(D) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(E) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or the nonimmigrants are, 
     sought and who will be available at the time and place of 
     need.
       ``(F) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of, and in the course 
     of, the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(2) Job opportunities not covered by collective 
     bargaining agreements.--With respect to a job opportunity 
     that is not covered under a collective bargaining agreement:
       ``(A) Strike or lockout.--The specific job opportunity for 
     which the employer has applied for an H-2A worker is not 
     vacant because the former occupant is on strike or being 
     locked out in the course of a labor dispute.
       ``(B) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(C) Benefit, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by section 218A to all workers employed 
     in the job opportunities for which the employer has applied 
     for an H-2A worker under subsection (a) and to all other 
     workers in the same occupation at the place of employment.
       ``(D) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment and for a period of 30 days preceding the period 
     of employment in the occupation at the place of employment 
     for which the employer has applied for an H-2A worker.
       ``(E) Requirements for placement of the nonimmigrant with 
     other employers.--The employer will not place the 
     nonimmigrant with another employer unless--
       ``(i) the nonimmigrant performs duties in whole or in part 
     at 1 or more worksites owned, operated, or controlled by such 
     other employer;
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       ``(iii) the employer has inquired of the other employer as 
     to whether, and has no actual knowledge or notice that, 
     during the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H-2A workers.
       ``(F) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     subparagraph (E) of an employer if the other employer 
     described in such subparagraph displaces a United States 
     worker as described in such subparagraph.
       ``(G) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of and in the course 
     of the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(H) Employment of united states workers.--
       ``(i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:

       ``(I) Contacting former workers.--The employer shall make 
     reasonable efforts through the sending of a letter by United 
     States Postal Service mail, or otherwise, to contact any 
     United States worker the employer employed during the 
     previous season in the occupation at the place of intended 
     employment for which the employer is applying for workers and 
     has made the availability of the employer's job opportunities 
     in the occupation at the place of intended employment known 
     to such previous workers, unless the worker was terminated 
     from employment by the employer for a lawful job-related 
     reason or abandoned the job before the worker completed the 
     period of employment of the job opportunity for which the 
     worker was hired.
       ``(II) Filing a job offer with the local office of the 
     state employment security agency.--Not later than 28 days 
     before the date on which the employer desires to employ an H-
     2A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall submit a copy of the job 
     offer described in subsection (a)(2) to the local office of 
     the State employment security agency which serves the area of 
     intended employment and authorize the posting of the job 
     opportunity on `America's Job Bank' or other electronic job 
     registry, except that nothing in this subclause shall require 
     the employer to file an interstate job order under section 
     653 of title 20, Code of Federal Regulations.
       ``(III) Advertising of job opportunities.--Not later than 
     14 days before the date on which the employer desires to 
     employ an H-2A worker in a temporary or seasonal agricultural 
     job opportunity, the employer shall advertise the 
     availability of the job opportunities for which the employer 
     is seeking workers in a publication in the local labor market 
     that is likely to be patronized by potential farm workers.
       ``(IV) Emergency procedures.--The Secretary of Labor shall, 
     by regulation, provide a procedure for acceptance and 
     approval of applications in which the employer has not

[[Page S4653]]

     complied with the provisions of this subparagraph because the 
     employer's need for H-2A workers could not reasonably have 
     been foreseen.

       ``(ii) Job offers.--The employer has offered or will offer 
     the job to any eligible United States worker who applies and 
     is equally or better qualified for the job for which the 
     nonimmigrant is, or nonimmigrants are, sought and who will be 
     available at the time and place of need.
       ``(iii) Period of employment.--The employer will provide 
     employment to any qualified United States worker who applies 
     to the employer during the period beginning on the date on 
     which the H-2A worker departs for the employer's place of 
     employment and ending on the date on which 50 percent of the 
     period of employment for which the H-2A worker who is in the 
     job was hired has elapsed, subject to the following 
     requirements:

       ``(I) Prohibition.--No person or entity shall willfully and 
     knowingly withhold United States workers before the arrival 
     of H-2A workers in order to force the hiring of United States 
     workers under this clause.
       ``(II) Complaints.--Upon receipt of a complaint by an 
     employer that a violation of subclause (I) has occurred, the 
     Secretary of Labor shall immediately investigate. The 
     Secretary of Labor shall, within 36 hours of the receipt of 
     the complaint, issue findings concerning the alleged 
     violation. If the Secretary of Labor finds that a violation 
     has occurred, the Secretary of Labor shall immediately 
     suspend the application of this clause with respect to that 
     certification for that date of need.
       ``(III) Placement of united states workers.--Before 
     referring a United States worker to an employer during the 
     period described in the matter preceding subclause (I), the 
     Secretary of Labor shall make all reasonable efforts to place 
     the United States worker in an open job acceptable to the 
     worker, if there are other job offers pending with the job 
     service that offer similar job opportunities in the area of 
     intended employment.

       ``(iv) Statutory construction.--Nothing in this 
     subparagraph shall be construed to prohibit an employer from 
     using such legitimate selection criteria relevant to the type 
     of job that are normal or customary to the type of job 
     involved so long as such criteria are not applied in a 
     discriminatory manner.
       ``(c) Applications by Associations on Behalf of Employer 
     Members.--
       ``(1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218A, 218B, and 
     218C.
       ``(2) Treatment of associations acting as employers.--If an 
     association filing an application under paragraph (1) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under subsection (e)(2)(B) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       ``(d) Withdrawal of Applications.--
       ``(1) In general.--An employer may withdraw an application 
     filed pursuant to subsection (a), except that if the employer 
     is an agricultural association, the association may withdraw 
     an application filed pursuant to subsection (a) with respect 
     to 1 or more of its members. To withdraw an application, the 
     employer or association shall notify the Secretary of Labor 
     in writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application under subsection (a), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.
       ``(2) Limitation.--An application may not be withdrawn 
     while any alien provided status under section 
     101(a)(15)(H)(ii)(a) pursuant to such application is employed 
     by the employer.
       ``(3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H-2A 
     workers under an offer of terms and conditions of employment 
     required as a result of making an application under 
     subsection (a) is unaffected by withdrawal of such 
     application.
       ``(e) Review and Approval of Applications.--
       ``(1) Responsibility of employers.--The employer shall make 
     available for public examination, within 1 working day after 
     the date on which an application under subsection (a) is 
     filed, at the employer's principal place of business or 
     worksite, a copy of each such application (and such 
     accompanying documents as are necessary).
       ``(2) Responsibility of the secretary of labor.--
       ``(A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     subsection (a). Such list shall include the wage rate, number 
     of workers sought, period of intended employment, and date of 
     need. The Secretary of Labor shall make such list available 
     for examination in the District of Columbia.
       ``(B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application.''

     ``SEC. 218A. H-2A WORKER EMPLOYMENT REQUIREMENTS.

       ``(a) Preferential Treatment of Aliens Prohibited.--
     Employers seeking to hire United States workers shall offer 
     the United States workers no less than the same benefits, 
     wages, and working conditions that the employer is offering, 
     intends to offer, or will provide to H-2A workers. 
     Conversely, no job offer may impose on United States workers 
     any restrictions or obligations which will not be imposed on 
     the employer's H-2A workers.
       ``(b) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers shall offer to provide housing at no 
     cost to all workers in job opportunities for which the 
     employer has applied under that section and to all other 
     workers in the same occupation at the place of employment, 
     whose place of residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--If it is the prevailing practice in 
     the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement set out in clause 
     (ii) is satisfied, the employer may provide a reasonable 
     housing allowance instead of offering housing under 
     subparagraph (A). Upon the request of a worker seeking 
     assistance in locating housing, the employer shall make a 
     good faith effort to assist the worker in identifying and 
     locating housing in the area of intended employment. An 
     employer who offers a housing allowance to a worker, or 
     assists a worker in locating housing which the worker 
     occupies, pursuant to this clause shall not be deemed a 
     housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) 
     solely by virtue of providing such housing allowance. No 
     housing allowance may be used for housing which is owned or 
     controlled by the employer.
       ``(ii) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers 
     and H-2A workers who are seeking temporary housing while 
     employed in agricultural work. Such certification shall 
     expire after 3 years unless renewed by the Governor of the 
     State.

[[Page S4654]]

       ``(iii) Amount of allowance.--

       ``(I) Nonmetropolitan counties.--If the place of employment 
     of the workers provided an allowance under this subparagraph 
     is a nonmetropolitan county, the amount of the housing 
     allowance under this subparagraph shall be equal to the 
     statewide average fair market rental for existing housing for 
     nonmetropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.
       ``(II) Metropolitan counties.--If the place of employment 
     of the workers provided an allowance under this paragraph is 
     in a metropolitan county, the amount of the housing allowance 
     under this subparagraph shall be equal to the statewide 
     average fair market rental for existing housing for 
     metropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.

       ``(2) Reimbursement of transportation.--
       ``(A) To place of employment.--A worker who completes 50 
     percent of the period of employment of the job opportunity 
     for which the worker was hired shall be reimbursed by the 
     employer for the cost of the worker's transportation and 
     subsistence from the place from which the worker came to work 
     for the employer (or place of last employment, if the worker 
     traveled from such place) to the place of employment.
       ``(B) From place of employment.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the place of employment 
     to the place from which the worker, disregarding intervening 
     employment, came to work for the employer, or to the place of 
     next employment, if the worker has contracted with a 
     subsequent employer who has not agreed to provide or pay for 
     the worker's transportation and subsistence to such 
     subsequent employer's place of employment.
       ``(C) Limitation.--
       ``(i) Amount of reimbursement.--Except as provided in 
     clause (ii), the amount of reimbursement provided under 
     subparagraph (A) or (B) to a worker or alien shall not exceed 
     the lesser of--

       ``(I) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       ``(II) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less, or the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and 
     worksite.--The employer shall provide transportation between 
     the worker's living quarters and the employer's worksite 
     without cost to the worker, and such transportation will be 
     in accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       ``(B) Limitation.--Effective on the date of the enactment 
     of the Emergency Agriculture Relief Act of 2008 and 
     continuing for 3 years thereafter, no adverse effect wage 
     rate for a State may be more than the adverse effect wage 
     rate for that State in effect on January 1, 2008, as 
     established by section 655.107 of title 20, Code of Federal 
     Regulations.
       ``(C) Required wages after 3-year freeze.--If Congress does 
     not set a new wage standard applicable to this section before 
     March 1, 2012, the adverse effect wage rate for each State 
     beginning on March 1, 2012 shall be the wage rate that would 
     have resulted under the methodology in effect on January 1, 
     2008.
       ``(D) Deductions.--The employer shall make only those 
     deductions from the worker's wages that are authorized by law 
     or are reasonable and customary in the occupation and area of 
     employment. The job offer shall specify all deductions not 
     required by law which the employer will make from the 
     worker's wages.
       ``(E) Frequency of pay.--The employer shall pay the worker 
     not less frequently than twice monthly, or in accordance with 
     the prevailing practice in the area of employment, whichever 
     is more frequent.
       ``(F) Hours and earnings statements.--The employer shall 
     furnish to the worker, on or before each payday, in 1 or more 
     written statements--
       ``(i) the worker's total earnings for the pay period;
       ``(ii) the worker's hourly rate of pay, piece rate of pay, 
     or both;
       ``(iii) the hours of employment which have been offered to 
     the worker (broken out by hours offered in accordance with 
     and over and above the \3/4\ guarantee described in paragraph 
     (4);
       ``(iv) the hours actually worked by the worker;
       ``(v) an itemization of the deductions made from the 
     worker's wages; and
       ``(vi) if piece rates of pay are used, the units produced 
     daily.
       ``(G) Report on wage protections.--Not later than December 
     31, 2010, the Comptroller General of the United States shall 
     prepare and transmit to the Secretary of Labor, the Committee 
     on the Judiciary of the Senate, and Committee on the 
     Judiciary of the House of Representatives, a report that 
     addresses--
       ``(i) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(ii) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(iii) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(H) Commission on wage standards.--
       ``(i) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program (in 
     this subparagraph referred to as the `Commission').
       ``(ii) Composition.--The Commission shall consist of 10 
     members as follows:

       ``(I) Four representatives of agricultural employers and 1 
     representative of the Department of Agriculture, each 
     appointed by the Secretary of Agriculture.
       ``(II) Four representatives of agricultural workers and 1 
     representative of the Department of Labor, each appointed by 
     the Secretary of Labor.

       ``(iii) Functions.--The Commission shall conduct a study 
     that shall address--

       ``(I) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(II) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(III) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(IV) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       ``(V) recommendations for future wage protection under this 
     section.

       ``(iv) Final report.--Not later than December 31, 2010, the 
     Commission shall submit a report to the Congress setting 
     forth the findings of the study conducted under clause (iii).
       ``(v) Termination date.--The Commission shall terminate 
     upon submitting its final report.
       ``(4) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least \3/4\ of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. For 
     purposes of this subparagraph, the hourly equivalent means 
     the number of hours in the work days as stated in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays. If the employer affords the United States or H-2A 
     worker less employment than that required under this 
     paragraph, the employer shall pay such worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has

[[Page S4655]]

     been offered an opportunity to do so, and all hours of work 
     actually performed (including voluntary work in excess of the 
     number of hours specified in the job offer in a work day, on 
     the worker's Sabbath, or on Federal holidays) may be counted 
     by the employer in calculating whether the period of 
     guaranteed employment has been met.
       ``(C) Abandonment of employment, termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the `\3/4\ guarantee' described in 
     subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster, including a flood, hurricane, freeze, earthquake, 
     fire, drought, plant or animal disease or pest infestation, 
     or regulatory drought, before the guarantee in subparagraph 
     (A) is fulfilled, the employer may terminate the worker's 
     employment. In the event of such termination, the employer 
     shall fulfill the employment guarantee in subparagraph (A) 
     for the work days that have elapsed from the first work day 
     after the arrival of the worker to the termination of 
     employment. In such cases, the employer will make efforts to 
     transfer the United States worker to other comparable 
     employment acceptable to the worker. If such transfer is not 
     effected, the employer shall provide the return 
     transportation required in paragraph (2)(D).
       ``(5) Motor vehicle safety.--
       ``(A) Mode of transportation subject to coverage.--
       ``(i) In general.--Except as provided in clauses (iii) and 
     (iv), this subsection applies to any H-2A employer that uses 
     or causes to be used any vehicle to transport an H-2A worker 
     within the United States.
       ``(ii) Defined term.--In this paragraph, the term `uses or 
     causes to be used'--

       ``(I) applies only to transportation provided by an H-2A 
     employer to an H-2A worker, or by a farm labor contractor to 
     an H-2A worker at the request or direction of an H-2A 
     employer; and
       ``(II) does not apply to--

       ``(aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       ``(bb) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       ``(iii) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an arrangement of, or participation in, 
     such transportation.
       ``(iv) Agricultural machinery and equipment excluded.--This 
     subsection does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental thereto.
       ``(v) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.
       ``(B) Applicability of standards, licensing, and insurance 
     requirements.--
       ``(i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

       ``(I) ensure that each such vehicle conforms to the 
     standards prescribed by the Secretary of Labor under section 
     401(b) of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1841(b)) and other applicable 
     Federal and State safety standards;
       ``(II) ensure that each driver has a valid and appropriate 
     license, as provided by State law, to operate the vehicle; 
     and
       ``(III) have an insurance policy or a liability bond that 
     is in effect which insures the employer against liability for 
     damage to persons or property arising from the ownership, 
     operation, or causing to be operated, of any vehicle used to 
     transport any H-2A worker.

       ``(ii) Amount of insurance required.--The level of 
     insurance required shall be determined by the Secretary of 
     Labor pursuant to regulations to be issued under this 
     subsection.
       ``(iii) Effect of workers' compensation coverage.--If the 
     employer of any H-2A worker provides workers' compensation 
     coverage for such worker in the case of bodily injury or 
     death as provided by State law, the following adjustments in 
     the requirements of subparagraph (B)(i)(III) relating to 
     having an insurance policy or liability bond apply:

       ``(I) No insurance policy or liability bond shall be 
     required of the employer, if such workers are transported 
     only under circumstances for which there is coverage under 
     such State law.
       ``(II) An insurance policy or liability bond shall be 
     required of the employer for circumstances under which 
     coverage for the transportation of such workers is not 
     provided under such State law.

       ``(c) Compliance With Labor Laws.--An employer shall assure 
     that, except as otherwise provided in this section, the 
     employer will comply with all applicable Federal, State, and 
     local labor laws, including laws affecting migrant and 
     seasonal agricultural workers, with respect to all United 
     States workers and alien workers employed by the employer, 
     except that a violation of this assurance shall not 
     constitute a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
       ``(d) Copy of Job Offer.--The employer shall provide to the 
     worker, not later than the day the work commences, a copy of 
     the employer's application and job offer described in section 
     218(a), or, if the employer will require the worker to enter 
     into a separate employment contract covering the employment 
     in question, such separate employment contract.
       ``(e) Range Production of Livestock.--Nothing in this 
     section, section 218, or section 218B shall preclude the 
     Secretary of Labor and the Secretary from continuing to apply 
     special procedures and requirements to the admission and 
     employment of aliens in occupations involving the range 
     production of livestock.

     ``SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF 
                   H-2A WORKERS.

       ``(a) Petitioning for Admission.--An employer, or an 
     association acting as an agent or joint employer for its 
     members, that seeks the admission into the United States of 
     an H-2A worker may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7 working days shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate (as the case may 
     be) where the petitioner has indicated that the alien 
     beneficiary (or beneficiaries) will apply for a visa or 
     admission to the United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218, and section 218A, 
     and the alien is not ineligible under paragraph (2).
       ``(2) Disqualification.--An alien shall be considered 
     inadmissible to the United States and ineligible for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
     alien has, at any time during the past 5 years--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       ``(3) Waiver of ineligibility for unlawful presence.--
       ``(A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). If an alien described in the 
     preceding sentence is present in the United States, the alien 
     may apply from abroad for H-2A status, but may not be granted 
     that status in the United States.
       ``(B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       ``(d) Period of Admission.--
       ``(1) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to section 218(e)(2)(B), not to 
     exceed 10 months, supplemented by a period of not more than 1 
     week before the beginning of the period of employment for the 
     purpose of travel to the worksite and a period of 14 days 
     following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       ``(A) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       ``(2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       ``(e) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section

[[Page S4656]]

     101(a)(15)(H)(ii)(a) who abandons the employment which was 
     the basis for such admission or status shall be considered to 
     have failed to maintain nonimmigrant status as an H-2A worker 
     and shall depart the United States or be subject to removal 
     under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer, or association 
     acting as agent for the employer, shall notify the Secretary 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       ``(3) Removal by the secretary.--The Secretary shall 
     promptly remove from the United States any H-2A worker who 
     violates any term or condition of the worker's nonimmigrant 
     status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(f) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall promptly issue a visa to, and the Secretary shall 
     admit into the United States, an eligible alien designated by 
     the employer to replace an H-2A worker--
       ``(A) who abandons or prematurely terminates employment; or
       ``(B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       ``(2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this Act.
       ``(g) Identification Document.--
       ``(1) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     the alien's identity.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.
       ``(B) The document shall be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(C) The document shall--
       ``(i) be compatible with other databases of the Secretary 
     for the purpose of excluding aliens from benefits for which 
     they are not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(h) Extension of Stay of H-2A Aliens in the United 
     States.--
       ``(1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       ``(A) for a period of more than 10 months; or
       ``(B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       ``(3) Work authorization upon filing a petition for 
     extension of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition under paragraph (1) on the date on which the 
     petition is filed.
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `file' means sending the petition by certified mail via 
     the United States Postal Service, return receipt requested, 
     or delivered by guaranteed commercial delivery which will 
     provide the employer with a documented acknowledgment of the 
     date of receipt of the petition.
       ``(C) Handling of petition.--The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(D) Approval of petition.--Upon approval of a petition 
     for an extension of stay or change in the alien's authorized 
     employment, the Secretary shall provide a new or updated 
     employment eligibility document to the alien indicating the 
     new validity date, after which the alien is not required to 
     retain a copy of the petition.
       ``(4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       ``(5) Limitation on an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(B) Requirement to remain outside the united states.--
       ``(i) In general.--Subject to clause (ii), in the case of 
     an alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       ``(ii) Exception.--Clause (i) shall not apply in the case 
     of an alien if the alien's period of authorized status as an 
     H-2A worker (including any extensions) was for a period of 
     not more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       ``(i) Special Rules for Aliens Employed as Sheepherders, 
     Goat Herders, Dairy Workers, or Horse Workers.--
     Notwithstanding any provision of the Emergency Agriculture 
     Relief Act of 2008, an alien admitted under section 
     101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat 
     herder, dairy worker, or horse worker--
       ``(1) may be admitted for an initial period of 12 months;
       ``(2) subject to subsection (j)(5), may have such initial 
     period of admission extended for a period of up to 3 years; 
     and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(5) (relating to periods of absence from the 
     United States).
       ``(j) Adjustment to Lawful Permanent Resident Status for 
     Aliens Employed as Sheepherders, Goat Herders, Dairy Workers, 
     or Horse Workers.--
       ``(1) Eligible alien.--For purposes of this subsection, the 
     term `eligible alien' means an alien--
       ``(A) having nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) based on employment as a sheepherder, 
     goat herder, dairy worker, or horse worker;
       ``(B) who has maintained such nonimmigrant status in the 
     United States for a cumulative total of 36 months (excluding 
     any period of absence from the United States); and
       ``(C) who is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       ``(2) Classification petition.--In the case of an eligible 
     alien, the petition under section 204 for classification 
     under section 203(b)(3)(A)(iii) may be filed by--
       ``(A) the alien's employer on behalf of the eligible alien; 
     or
       ``(B) the eligible alien.
       ``(3) No labor certification required.--Notwithstanding 
     section 203(b)(3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     described in paragraph (1)(C) for an eligible alien.
       ``(4) Effect of petition.--The filing of a petition 
     described in paragraph (2) or an application for adjustment 
     of status based on the approval of such a petition shall not 
     constitute evidence of an alien's ineligibility for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a).
       ``(5) Extension of stay.--The Secretary shall extend the 
     stay of an eligible alien having a pending or approved 
     classification petition described in paragraph (2) in 1-year 
     increments until a final determination is made on the alien's 
     eligibility for adjustment of status to that of an alien 
     lawfully admitted for permanent residence.
       ``(6) Construction.--Nothing in this subsection shall be 
     construed to prevent an eligible alien from seeking 
     adjustment of status in accordance with any other provision 
     of law.

     ``SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS 
                   ENFORCEMENT.

       ``(a) Enforcement Authority.--
       ``(1) Investigation of complaints.--
       ``(A) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in section 
     218(b), or an employer's misrepresentation of material facts 
     in an application under section 218(a). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this subparagraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       ``(B) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, within 30 days after the 
     date such a

[[Page S4657]]

     complaint is filed, for a determination as to whether or not 
     a reasonable basis exists to make a finding described in 
     subparagraph (C), (D), (E), or (G). If the Secretary of Labor 
     determines that such a reasonable basis exists, the Secretary 
     of Labor shall provide for notice of such determination to 
     the interested parties and an opportunity for a hearing on 
     the complaint, in accordance with section 556 of title 5, 
     United States Code, within 60 days after the date of the 
     determination. If such a hearing is requested, the Secretary 
     of Labor shall make a finding concerning the matter not later 
     than 60 days after the date of the hearing. In the case of 
     similar complaints respecting the same applicant, the 
     Secretary of Labor may consolidate the hearings under this 
     subparagraph on such complaints.
       ``(C) Failures to meet conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), 
     a substantial failure to meet a condition of paragraph 
     (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 
     218(b), or a material misrepresentation of fact in an 
     application under section 218(a)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $1,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.
       ``(D) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of section 
     218(b), a willful misrepresentation of a material fact in an 
     application under section 218(a), or a violation of 
     subsection (d)(1)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $5,000 per violation) as the 
     Secretary of Labor determines to be appropriate;
       ``(ii) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of subsection 
     (d)(1); and
       ``(iii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.
       ``(E) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of section 
     218(b) or a willful misrepresentation of a material fact in 
     an application under section 218(a), in the course of which 
     failure or misrepresentation the employer displaced a United 
     States worker employed by the employer during the period of 
     employment on the employer's application under section 218(a) 
     or during the period of 30 days preceding such period of 
     employment--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $15,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 3 years.
       ``(F) Limitations on civil money penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to an application under section 218(a) in excess of 
     $90,000.
       ``(G) Failures to pay wages or required benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment, required under 
     section 218A(b), the Secretary of Labor shall assess payment 
     of back wages, or other required benefits, due any United 
     States worker or H-2A worker employed by the employer in the 
     specific employment in question. The back wages or other 
     required benefits under section 218A(b) shall be equal to the 
     difference between the amount that should have been paid and 
     the amount that actually was paid to such worker.
       ``(2) Statutory construction.--Nothing in this section 
     shall be construed as limiting the authority of the Secretary 
     of Labor to conduct any compliance investigation under any 
     other labor law, including any law affecting migrant and 
     seasonal agricultural workers, or, in the absence of a 
     complaint under this section, under section 218 or 218A.
       ``(b) Rights Enforceable by Private Right of Action.--H-2A 
     workers may enforce the following rights through the private 
     right of action provided in subsection (c), and no other 
     right of action shall exist under Federal or State law to 
     enforce such rights:
       ``(1) The providing of housing or a housing allowance as 
     required under section 218A(b)(1).
       ``(2) The reimbursement of transportation as required under 
     section 218A(b)(2).
       ``(3) The payment of wages required under section 
     218A(b)(3) when due.
       ``(4) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     section 218(a)(2), not including the assurance to comply with 
     other Federal, State, and local labor laws described in 
     section 218A(c), compliance with which shall be governed by 
     the provisions of such laws.
       ``(5) The guarantee of employment required under section 
     218A(b)(4).
       ``(6) The motor vehicle safety requirements under section 
     218A(b)(5).
       ``(7) The prohibition of discrimination under subsection 
     (d)(2).
       ``(c) Private Right of Action.--
       ``(1) Mediation.--Upon the filing of a complaint by an H-2A 
     worker aggrieved by a violation of rights enforceable under 
     subsection (b), and within 60 days of the filing of proof of 
     service of the complaint, a party to the action may file a 
     request with the Federal Mediation and Conciliation Service 
     to assist the parties in reaching a satisfactory resolution 
     of all issues involving all parties to the dispute. Upon a 
     filing of such request and giving of notice to the parties, 
     the parties shall attempt mediation within the period 
     specified in subparagraph (B).
       ``(A) Mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under subsection (b) between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       ``(B) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other nonbinding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       ``(C) Authorization.--
       ``(i) In general.--Subject to clause (ii), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this section.
       ``(ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to this authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt.
       ``(2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction over the parties, 
     without regard to the amount in controversy, without regard 
     to the citizenship of the parties, and without regard to the 
     exhaustion of any alternative administrative remedies under 
     this Act, not later than 3 years after the date the violation 
     occurs.
       ``(3) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under paragraph (2) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under subsection (a)(1) is withdrawn 
     before the filing of such action, in which case the rights 
     and remedies available under this subsection shall be 
     exclusive.
       ``(4) Preemption of state contract rights.--Nothing in this 
     Act shall be construed to diminish the rights and remedies of 
     an H-2A worker under any other Federal or State law or 
     regulation or under any collective bargaining agreement, 
     except that no court or administrative action shall be 
     available under any State contract law to enforce the rights 
     created by this Act.
       ``(5) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this Act 
     shall be void as contrary to public policy, except that a 
     waiver or modification of the rights or obligations in favor 
     of the Secretary of Labor shall be valid for purposes of the 
     enforcement of this Act. The preceding sentence may not be 
     construed to prohibit agreements to settle private disputes 
     or litigation.
       ``(6) Award of damages or other equitable relief.--
       ``(A) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     subsection (b), it shall award actual damages, if any, or 
     equitable relief.
       ``(B) Any civil action brought under this section shall be 
     subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       ``(7) Workers' compensation benefits; exclusive remedy.--
       ``(A) Notwithstanding any other provision of this section, 
     where a State's workers' compensation law is applicable and 
     coverage is provided for an H-2A worker, the workers' 
     compensation benefits shall be the exclusive remedy for the 
     loss of such worker under this section in the case of bodily 
     injury or death in accordance with such State's workers' 
     compensation law.
       ``(B) The exclusive remedy prescribed in subparagraph (A) 
     precludes the recovery under paragraph (6) of actual damages 
     for loss from an injury or death but does not preclude other 
     equitable relief, except that such relief shall not include 
     back or front pay or in any manner, directly or indirectly, 
     expand or otherwise alter or affect--
       ``(i) a recovery under a State workers' compensation law; 
     or
       ``(ii) rights conferred under a State workers' compensation 
     law.

[[Page S4658]]

       ``(8) Tolling of statute of limitations.--If it is 
     determined under a State workers' compensation law that the 
     workers' compensation law is not applicable to a claim for 
     bodily injury or death of an H-2A worker, the statute of 
     limitations for bringing an action for actual damages for 
     such injury or death under subsection (c) shall be tolled for 
     the period during which the claim for such injury or death 
     under such State workers' compensation law was pending. The 
     statute of limitations for an action for actual damages or 
     other equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       ``(9) Preclusive effect.--Any settlement by an H-2A worker 
     and an H-2A employer or any person reached through the 
     mediation process required under subsection (c)(1) shall 
     preclude any right of action arising out of the same facts 
     between the parties in any Federal or State court or 
     administrative proceeding, unless specifically provided 
     otherwise in the settlement agreement.
       ``(10) Settlements.--Any settlement by the Secretary of 
     Labor with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     subsection (a)(1)(B) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       ``(d) Discrimination Prohibited.--
       ``(1) In general.--It is a violation of this subsection for 
     any person who has filed an application under section 218(a), 
     to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in any other manner discriminate against an 
     employee (which term, for purposes of this subsection, 
     includes a former employee and an applicant for employment) 
     because the employee has disclosed information to the 
     employer, or to any other person, that the employee 
     reasonably believes evidences a violation of section 218 or 
     218A or any rule or regulation pertaining to section 218 or 
     218A, or because the employee cooperates or seeks to 
     cooperate in an investigation or other proceeding concerning 
     the employer's compliance with the requirements of section 
     218 or 218A or any rule or regulation pertaining to either of 
     such sections.
       ``(2) Discrimination against h-2a workers.--It is a 
     violation of this subsection for any person who has filed an 
     application under section 218(a), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under subsection (b) or instituted, or caused to 
     be instituted, a private right of action under subsection (c) 
     regarding the denial of the rights enumerated under 
     subsection (b), or has testified or is about to testify in 
     any court proceeding brought under subsection (c).
       ``(e) Authorization To Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of subsection (d) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       ``(f) Role of Associations.--
       ``(1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of sections 218 and 218A, as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation shall apply only to that member of 
     the association unless the Secretary of Labor determines that 
     the association or other member participated in, had 
     knowledge, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.
       ``(2) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.

     ``SEC. 218D. DEFINITIONS.

       ``For purposes of this section and section 218, 218A, 218B, 
     and 218C:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 or the performance of agricultural labor or services 
     described in section 101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--The term `displace', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(6) H-2A employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       ``(7) H-2A worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary or seasonal full-time employment at 
     a place in the United States to which United States workers 
     can be referred.
       ``(9) Laying off.--
       ``(A) In general.--The term `laying off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility (as described in 
     section 218A(b)(4)(D)), or temporary suspension of employment 
     due to weather, markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(10) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under section 218 by an entity not under the control of the 
     employer making such filing which restricts the employer's 
     access to water for irrigation purposes and reduces or limits 
     the employer's ability to produce an agricultural commodity, 
     thereby reducing the need for labor.
       ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
     if--
       ``(A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       ``(B) from its nature, it may not be continuous or carried 
     on throughout the year.
       ``(12) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(13) Temporary.--A worker is employed on a `temporary' 
     basis where the employment is intended not to exceed 10 
     months.
       ``(14) United states worker.--The term `United States 
     worker' means any worker, whether a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     or any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).''.
       (b) Table of Contents.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 218 and 
     inserting the following:

``Sec. 218. H-2A employer applications.
``Sec. 218A. H-2A worker employment requirements.
``Sec. 218B. Procedure for admission and extension of stay of H-2A 
              workers.
``Sec. 218C. Worker protections and labor standards enforcement.
``Sec. 218D. Definitions.''.

       (c) Sunset.--The amendments made by this section shall be 
     effective during the 5-year period beginning on the date that 
     is 1 year after the date of the enactment of this Act. Any 
     immigration benefit provided pursuant to such amendments 
     shall expire at the end of such 5-year period.

                  Subtitle C--Miscellaneous Provisions

     SEC. 8031. DETERMINATION AND USE OF USER FEES.

       (a) Schedule of Fees.--The Secretary shall establish and 
     periodically adjust a schedule of fees for the employment of 
     aliens pursuant to the amendment made by section 8021(a) and 
     a collection process for such fees from employers. Such fees 
     shall be the only fees chargeable to employers for services 
     provided under such amendment.
       (b) Determination of Schedule.--

[[Page S4659]]

       (1) In general.--The schedule under subsection (a) shall 
     reflect a fee rate based on the number of job opportunities 
     indicated in the employer's application under section 218 of 
     the Immigration and Nationality Act, as amended by section 
     8021, and sufficient to provide for the direct costs of 
     providing services related to an employer's authorization to 
     employ aliens pursuant to the amendment made by section 
     8021(a), to include the certification of eligible employers, 
     the issuance of documentation, and the admission of eligible 
     aliens.
       (2) Procedure.--
       (A) In general.--In establishing and adjusting such a 
     schedule, the Secretary shall comply with Federal cost 
     accounting and fee setting standards.
       (B) Publication and comment.--The Secretary shall publish 
     in the Federal Register an initial fee schedule and 
     associated collection process and the cost data or estimates 
     upon which such fee schedule is based, and any subsequent 
     amendments thereto, pursuant to which public comment shall be 
     sought and a final rule issued.
       (c) Use of Proceeds.--Notwithstanding any other provision 
     of law, all proceeds resulting from the payment of the fees 
     pursuant to the amendment made by section 8021(a) shall be 
     available without further appropriation and shall remain 
     available without fiscal year limitation to reimburse the 
     Secretary, the Secretary of State, and the Secretary of Labor 
     for the costs of carrying out sections 218 and 218B of the 
     Immigration and Nationality Act, as amended and added, 
     respectively, by section 8021, and the provisions of this 
     title.

     SEC. 8032. RULEMAKING.

       (a) Requirement for the Secretary To Consult.--The 
     Secretary shall consult with the Secretary of Labor and the 
     Secretary of Agriculture during the promulgation of all 
     regulations to implement the duties of the Secretary under 
     this title and the amendments made by this title.
       (b) Requirement for the Secretary of State To Consult.--The 
     Secretary of State shall consult with the Secretary, the 
     Secretary of Labor, and the Secretary of Agriculture on all 
     regulations to implement the duties of the Secretary of State 
     under this title and the amendments made by this title.
       (c) Requirement for the Secretary of Labor To Consult.--The 
     Secretary of Labor shall consult with the Secretary of 
     Agriculture and the Secretary on all regulations to implement 
     the duties of the Secretary of Labor under this title and the 
     amendments made by this title.
       (d) Deadline for Issuance of Regulations.--All regulations 
     to implement the duties of the Secretary, the Secretary of 
     State, and the Secretary of Labor created under sections 218, 
     218A, 218B, 218C, and 218D of the Immigration and Nationality 
     Act, as amended or added by section 8021, shall take effect 
     on the effective date of section 8021 and shall be issued not 
     later than 1 year after the date of enactment of this Act.

     SEC. 8033. REPORTS TO CONGRESS.

       (a) Annual Report.--Not later than September 30 of each 
     year, the Secretary shall submit a report to Congress that 
     identifies, for the previous year--
       (1) the number of job opportunities approved for employment 
     of aliens admitted under section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)), and the number of workers actually 
     admitted, disaggregated by State and by occupation;
       (2) the number of such aliens reported to have abandoned 
     employment pursuant to subsection 218B(e)(2) of such Act;
       (3) the number of such aliens who departed the United 
     States within the period specified in subsection 218B(d) of 
     such Act;
       (4) the number of aliens who applied for adjustment of 
     status pursuant to section 8011(a); and
       (5) the number of such aliens whose status was adjusted 
     under section 8011(a).
       (b) Implementation Report.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     prepare and submit to Congress a report that describes the 
     measures being taken and the progress made in implementing 
     this title.

                                TITLE IX

                    TELEWORK ENHANCEMENT ACT OF 2008

     SECTION 9001. SHORT TITLE.

       This Act may be cited as the ``Telework Enhancement Act of 
     2008''.

     SEC. 9002. DEFINITIONS.

       In this Act:
       (1) Employee.--The term ``employee'' has the meaning given 
     that term by section 2105 of title 5, United States Code.
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given that term by section 105 of title 5, United 
     States Code.
       (3) Noncompliant.--The term ``noncompliant'' means not 
     conforming to the requirements under this Act.
       (4) Telework.--The term ``telework'' means a work 
     arrangement in which an employee regularly performs 
     officially assigned duties at home or other worksites 
     geographically convenient to the residence of the employee 
     during at least 20 percent of each pay period that the 
     employee is performing officially assigned duties.

     SEC. 9003. EXECUTIVE AGENCIES TELEWORK REQUIREMENT.

       (a) Telework Eligibility.--Not later than 180 days after 
     the date of enactment of this Act, the head of each executive 
     agency shall--
       (1) establish a policy under which eligible employees of 
     the agency may be authorized to telework;
       (2) determine the eligibility for all employees of the 
     agency to participate in telework; and
       (3) notify all employees of the agency of their eligibility 
     to telework.
       (b) Participation.--The policy described under subsection 
     (a) shall--
       (1) ensure that telework does not diminish employee 
     performance or agency operations;
       (2) require a written agreement between an agency manager 
     and an employee authorized to telework in order for that 
     employee to participate in telework;
       (3) provide that an employee may not be authorized to 
     telework if the performance of that employee does not comply 
     with the terms of the written agreement between the agency 
     manager and that employee;
       (4) except in emergency situations as determined by an 
     agency head, not apply to any employee of the agency whose 
     official duties require daily physical presence for activity 
     with equipment or handling of secure materials; and
       (5) determine the use of telework as part of the continuity 
     of operations plans the agency in the event of an emergency.

     SEC. 9004. TRAINING AND MONITORING.

       The head of each executive agency shall ensure that--
       (1) an interactive telework training program is provided 
     to--
       (A) employees eligible to participate in the telework 
     program of the agency; and
       (B) all managers of teleworkers;
       (2) no distinction is made between teleworkers and 
     nonteleworkers for the purposes of performance appraisals; 
     and
       (3) when determining what constitutes diminished employee 
     performance, the agency shall consult the established 
     performance management guidelines of the Office of Personnel 
     Management.

     SEC. 9005. POLICY AND SUPPORT.

       (a) Agency Consultation With the Office of Personnel 
     Management.--Each executive agency shall consult with the 
     Office of Personnel Management in developing telework 
     policies.
       (b) Guidance and Consultation.--The Office of Personnel 
     Management shall--
       (1) provide policy and policy guidance for telework in the 
     areas of pay and leave, agency closure, performance 
     management, official worksite, recruitment and retention, and 
     accommodations for employees with disabilities; and
       (2) consult with--
       (A) the Federal Emergency Management Agency on policy and 
     policy guidance for telework in the areas of continuation of 
     operations and long-term emergencies; and
       (B) the General Services Administration on policy and 
     policy guidance for telework in the areas of telework 
     centers, travel, technology, and equipment.
       (c) Continuity of Operations Plans.--During any period that 
     an agency is operating under a continuity of operations plan, 
     that plan shall supersede any telework policy.
       (d) Telework Website.--The Office of Personnel Management 
     shall--
       (1) maintain a central telework website; and
       (2) include on that website related--
       (A) telework links;
       (B) announcements;
       (C) guidance developed by the Office of Personnel 
     Management; and
       (D) guidance submitted by the Federal Emergency Management 
     Agency, and the General Services Administration to the Office 
     of Personnel Management not later than 10 business days after 
     the date of submission.

     SEC. 9006. TELEWORK MANAGING OFFICER.

       (a) In General.--
       (1) Appointment.--The head of each executive agency shall 
     appoint an employee of the agency as the Telework Managing 
     Officer. The Telework Managing Officer shall be established 
     within the Office of the Chief Human Capital Officer or a 
     comparable office with similar functions.
       (2) Telework coordinators.--
       (A) Appropriations act, 2004.--Section 627 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2004 (Public Law 
     108-199; 118 Stat. 99) is amended by striking ``designate a 
     `Telework Coordinator' to be'' and inserting ``appoint a 
     Telework Managing Officer to be''.
       (B) Appropriations act, 2005.--Section 622 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2005 (Public Law 
     108-447; 118 Stat. 2919) is amended by striking ``designate a 
     `Telework Coordinator' to be'' and inserting ``appoint a 
     Telework Managing Officer to be''.
       (b) Duties.--The Telework Managing Officer shall--
       (1) be devoted to policy development and implementation 
     related to agency telework programs;
       (2) serve as--
       (A) an advisor for agency leadership, including the Chief 
     Human Capital Officer;
       (B) a resource for managers and employees; and
       (C) a primary agency point of contact for the Office of 
     Personnel Management on telework matters; and
       (3) perform other duties as the applicable appointing 
     authority may assign.

     SEC. 9007. ANNUAL REPORT TO CONGRESS.

       (a) Submission of Reports.--Not later than 18 months after 
     the date of enactment

[[Page S4660]]

     of this Act and on an annual basis thereafter, the Director 
     of the Office of Personnel Management shall--
       (1) submit a report addressing the telework programs of 
     each executive agency to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Oversight and Government Reform of the 
     House of Representatives; and
       (2) transmit a copy of the report to the Comptroller 
     General and the Office of Management and Budget.
       (b) Contents.--Each report submitted under this section 
     shall include--
       (1) the telework policy, the measures in place to carry out 
     the policy, and an analysis of employee telework 
     participation during the preceding 12-month period provided 
     by each executive agency;
       (2) an assessment of the progress of each agency in 
     maximizing telework opportunities for employees of that 
     agency without diminishing employee performance or agency 
     operations;
       (3) the definition of telework and telework policies and 
     any modifications to such definitions;
       (4) the degree of participation by employees of each agency 
     in teleworking during the period covered by the evaluation, 
     including--
       (A) the number and percent of the employees in the agency 
     who are eligible to telework;
       (B) the number and percent of employees who engage in 
     telework;
       (C) the number and percent of eligible employees in each 
     agency who have declined the opportunity to telework; and
       (D) the number of employees who were not authorized, 
     willing, or able to telework and the reason;
       (5) the extent to which barriers to maximize telework 
     opportunities have been identified and eliminated; and
       (6) best practices in agency telework programs.

     SEC. 9008. COMPLIANCE OF EXECUTIVE AGENCIES.

       (a) Executive Agencies.--An executive agency shall be in 
     compliance with this Act if each employee of that agency 
     participating in telework regularly performs officially 
     assigned duties at home or other worksites geographically 
     convenient to the residence of the employee during at least 
     20 percent of each pay period that the employee is performing 
     officially assigned duties.
       (b) Agency Manager Reports.--Not later than 180 days after 
     the establishment of a policy described under section 9003, 
     and annually thereafter, each agency manager shall submit a 
     report to the Chief Human Capital Officer and Telework 
     Managing Officer of that agency that contains a summary of--
       (1) efforts to promote telework opportunities for employees 
     supervised by that manager; and
       (2) any obstacles which hinder the ability of that manager 
     to promote telework opportunities.
       (c) Chief Human Capital Officer Reports.--
       (1) In general.--Each year the Chief Human Capital Officer 
     of each agency, in consultation with the Telework Managing 
     Officer of that agency, shall submit a report to the Chair 
     and Vice Chair of the Chief Human Capital Offices Council on 
     agency management efforts to promote telework.
       (2) Review and inclusion of relevant information.--The 
     Chair and Vice Chair of the Chief Human Capital Offices 
     Council shall--
       (A) review the reports submitted under paragraph (1);
       (B) include relevant information from the submitted reports 
     in the annual report to Congress required under section 
     9007(b)(2); and
       (C) use that relevant information for other purposes 
     related to the strategic management of human capital.
       (d) Compliance Reports.--Not later than 90 days after the 
     date of submission of each report under section 9007, the 
     Office of Management and Budget shall submit a report to 
     Congress that--
       (1) identifies and recommends corrective actions and time 
     frames for each executive agency that the Office of 
     Management and Budget determines is noncompliant; and
       (2) describes progress of noncompliant executive agencies, 
     justifications of any continuing noncompliance, and any 
     recommendations for corrective actions planned by the Office 
     of Management and Budget or the executive agency to eliminate 
     noncompliance.

     SEC. 9009. EXTENSION OF TRAVEL EXPENSES TEST PROGRAMS.

       (a) In General.--Section 5710 of title 5, United States 
     Code, is amended--
       (1) in subsection (a)(1), by striking ``for a period not to 
     exceed 24 months''; and
       (2) in subsection (e), by striking ``7 years'' and 
     inserting ``16 years''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as though enacted as part of the Travel and 
     Transportation Reform Act of 1998 (Public Law 105-264; 112 
     Stat. 2350).

                                TITLE X

                      GENERAL PROVISIONS--THIS ACT


                         availability of funds

       Sec. 10001. 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. 10002. 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. 10003. 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.


            extension of eb-5 regional center pilot program

       Sec. 10004. Section 610(b) of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by 
     striking ``for 15 years'' and inserting ``for 20 years''.


              Interim Relief for Skilled Immigrant Workers

       Sec. 10005. (a) Recapture of Unused Employment-Based Visa 
     Numbers.--Subsection (d) of section 106 of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``1994, 1996, 1997, 1998,'' after 
     ``available in fiscal year'';
       (B) by striking ``or 2004'' and inserting ``2004, or 
     2006''; and
       (C) by striking ``shall be available'' and all that follows 
     through the end and inserting ``shall be available only to--
       ``(A) an employment-based immigrant under paragraph (1), 
     (2), (3)(A)(i), or (3)(A)(ii) of section 203(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)), except 
     for employment-based immigrants whose petitions are or have 
     been approved based on Schedule A, Group I as defined in 
     section 656.5 of title 20, Code of Federal Regulations; or
       ``(B) a spouse or child accompanying or following to join 
     such an employment-based immigrant under section 203(d) of 
     such Act (8 U.S.C. 1153(d)).'';
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``years 1999 through 
     2004'' and inserting ``year 1994 and each subsequent fiscal 
     year''; and
       (B) in subparagraph (B)--
       (i) in clause (i), by striking ``(i)''; and
       (ii) by striking clause (ii); and
       (3) by adding at the end the following new paragraph:
       ``(4) Employment-based visa recapture fee.--A fee shall be 
     paid in connection with any petition seeking an employment-
     based immigrant visa number recaptured under paragraph (1), 
     known as the Employment-Based Visa Recapture Fee, in the 
     amount of $1500. Such Fee may not be charged for a dependent 
     accompanying or following to join such employment-based 
     immigrant.''.
       (b) Disposition of Fees.--
       (1) Immigration examination fee account.--The fees 
     described in paragraph (2) shall be treated as adjudication 
     fees and deposited as offsetting receipts into the 
     Immigration Examinations Fee Account in the Treasury of the 
     United States under section 286(m) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(m)).
       (2) Fees described.--The fees described in this paragraph 
     are the following:
       (A) Any Employment-Based Visa Recapture Fee collected 
     pursuant to paragraph (4) of section 106(d) of the American 
     Competitiveness in the Twenty-first Century Act of 2000, as 
     added by subsection (a)(3).
       (B) Any Supplemental Adjustment of Status Application Fee 
     collected pursuant to paragraph (3) of subsection (n) of 
     section 245 of the Immigration and Nationality Act, as added 
     by subsection (c)(1).
       (c) Retaining Green Card Applicants Working in the United 
     States.--
       (1) In general.--Section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) is amended by adding at the 
     end the following:
       ``(n) Adjustment of Status for Employment-Based 
     Immigrants.--
       ``(1) Eligibility.--The Secretary of Homeland Security 
     shall provide for the filing of an adjustment application by 
     an alien (and any eligible dependents of such alien) who has 
     an approved or pending petition under subparagraph (E) or (F) 
     of section 204(a)(1), regardless of whether an immigrant visa 
     is immediately available at the time the application is 
     filed.
       ``(2) Visa availability.--An application filed pursuant to 
     paragraph (1) shall not be approved until an immigrant visa 
     becomes available.
       ``(3) Fees.--If an application is filed pursuant to 
     paragraph (1) at a time at which a visa is not immediately 
     available, a fee, known as the Supplemental Adjustment of 
     Status Application Fee, in the amount of $1500 shall be paid 
     on behalf of the beneficiary of such petition. Such Fee may 
     not be charged for a dependent accompanying or following to 
     join such beneficiary.''.
       (2) Report.--Not later than 4 years after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to Congress a report on the implementation of 
     subsection (n) of section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255), as added by paragraph (1).
       (3) Repeal.--Unless a law is enacted that repeals this 
     paragraph, the amendments made by paragraph (1) shall be 
     repealed on

[[Page S4661]]

     the date that is 5 years after the date of the enactment of 
     this Act.
       Sec. 10006. Nursing Shortage Relief. (a) Increasing Visa 
     Numbers.--Section 106 of the American Competitiveness in the 
     Twenty-first Century Act of 2000 (Public Law 106-313; 8 
     U.S.C. 1153 note) is amended by adding at the end the 
     following:
       ``(e) Visa Shortage Relief for Nurses and Physical 
     Therapists.--
       ``(1) In general.--Subject to paragraph (2), for petitions 
     filed during the period beginning on the date of the 
     enactment of the Emergency Nursing Supply Relief Act and 
     ending on September 30, 2011, for employment-based immigrants 
     (and their family members accompanying or following to join 
     under section 203(d) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(d)), which are or have been approved based on 
     Schedule A, Group I as defined in section 656.5 of title 20, 
     Code of Federal Regulations, as promulgated by the Secretary 
     of Labor, the numerical limitations set forth in sections 
     201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 1152(a)) 
     shall not apply.
       ``(2) Limitation on number of visas.--The Secretary of 
     State may not issue more than 20,000 immigrant visa numbers 
     in any one fiscal year (plus any available visa numbers under 
     this paragraph not used during the preceding fiscal year) to 
     principal beneficiaries of petitions pursuant to paragraph 
     (1).
       ``(3) Expedited review.--The Secretary of Homeland Security 
     shall provide a process for reviewing and acting upon 
     petitions with respect to immigrants described in paragraph 
     (1) not later than 30 days after the date on which a 
     completed petition has been filed.
       ``(f) Fee for Use of Visas Under Subsection (a).--
       ``(1) In general.--The Secretary of Homeland Security shall 
     impose a fee upon each petitioning employer who uses a visa 
     provided under subsection (e) to provide employment for an 
     alien as a professional nurse, except that--
       ``(A) such fee shall be in the amount of $1,500 for each 
     such alien nurse (but not for dependents accompanying or 
     following to join who are not professional nurses); and
       ``(B) no fee shall be imposed for the use of such visas if 
     the employer demonstrates to the Secretary that--
       ``(i) the employer is a health care facility that is 
     located in a county or parish that received individual and 
     public assistance pursuant to Major Disaster Declaration 
     number 1603 or 1607; or
       ``(ii) the employer is a health care facility that has been 
     designated as a Health Professional Shortage Area facility by 
     the Secretary of Health and Human Services as defined in 
     section 332 of the Public Health Service Act (42 U.S.C. 
     254e).
       ``(2) Fee collection.--A fee imposed by the Secretary of 
     Homeland Security pursuant to paragraph (1) shall be 
     collected by the Secretary as a condition of approval of an 
     application for adjustment of status by the beneficiary of a 
     petition or by the Secretary of State as a condition of 
     issuance of a visa to such beneficiary.''.
       (b) Capitation Grants To Increase the Number of Nursing 
     Faculty and Students; Domestic Nursing Enhancement Account.--
     Part D of title VIII of the Public Health Service Act (42 
     U.S.C. 296p et seq.) is amended by adding at the end the 
     following:

     ``SEC. 832. CAPITATION GRANTS.

       ``(a) In General.--For the purpose described in subsection 
     (b), the Secretary, acting through the Health Resources and 
     Services Administration, shall award a grant each fiscal year 
     in an amount determined in accordance with subsection (c) to 
     each eligible school of nursing that submits an application 
     in accordance with this section.
       ``(b) Purpose.--A funding agreement for a grant under this 
     section is that the eligible school of nursing involved will 
     expend the grant to increase the number of nursing faculty 
     and students at the school, including by hiring new faculty, 
     retaining current faculty, purchasing educational equipment 
     and audiovisual laboratories, enhancing clinical 
     laboratories, repairing and expanding infrastructure, or 
     recruiting students.
       ``(c) Grant Computation.--
       ``(1) Amount per student.--Subject to paragraph (2), the 
     amount of a grant to an eligible school of nursing under this 
     section for a fiscal year shall be the total of the 
     following:
       ``(A) $1,800 for each full-time or part-time student who is 
     enrolled at the school in a graduate program in nursing 
     that--
       ``(i) leads to a master's degree, a doctoral degree, or an 
     equivalent degree; and
       ``(ii) prepares individuals to serve as faculty through 
     additional course work in education and ensuring competency 
     in an advanced practice area.
       ``(B) $1,405 for each full-time or part-time student who--
       ``(i) is enrolled at the school in a program in nursing 
     leading to a bachelor of science degree, a bachelor of 
     nursing degree, a graduate degree in nursing if such program 
     does not meet the requirements of subparagraph (A), or an 
     equivalent degree; and
       ``(ii) has not more than 3 years of academic credits 
     remaining in the program.
       ``(C) $966 for each full-time or part-time student who is 
     enrolled at the school in a program in nursing leading to an 
     associate degree in nursing or an equivalent degree.
       ``(2) Limitation.--In calculating the amount of a grant to 
     a school under paragraph (1), the Secretary may not make a 
     payment with respect to a particular student--
       ``(A) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a master's degree or an 
     equivalent degree;
       ``(B) for more than 4 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a doctoral degree or an 
     equivalent degree;
       ``(C) for more than 3 fiscal years in the case of a student 
     described in paragraph (1)(B); or
       ``(D) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(C).
       ``(d) Eligibility.--In this section, the term `eligible 
     school of nursing' means a school of nursing that--
       ``(1) is accredited by a nursing accrediting agency 
     recognized by the Secretary of Education;
       ``(2) has a passage rate on the National Council Licensure 
     Examination for Registered Nurses of not less than 80 percent 
     for each of the 3 academic years preceding submission of the 
     grant application; and
       ``(3) has a graduation rate (based on the number of 
     students in a class who graduate relative to, for a 
     baccalaureate program, the number of students who were 
     enrolled in the class at the beginning of junior year or, for 
     an associate degree program, the number of students who were 
     enrolled in the class at the end of the first year) of not 
     less than 80 percent for each of the 3 academic years 
     preceding submission of the grant application.
       ``(e) Requirements.--The Secretary may award a grant under 
     this section to an eligible school of nursing only if the 
     school gives assurances satisfactory to the Secretary that, 
     for each academic year for which the grant is awarded, the 
     school will comply with the following:
       ``(1) The school will maintain a passage rate on the 
     National Council Licensure Examination for Registered Nurses 
     of not less than 80 percent.
       ``(2) The school will maintain a graduation rate (as 
     described in subsection (d)(3)) of not less than 80 percent.
       ``(3)(A) Subject to subparagraphs (B) and (C), the first-
     year enrollment of full-time nursing students in the school 
     will exceed such enrollment for the preceding academic year 
     by 5 percent or 5 students, whichever is greater.
       ``(B) Subparagraph (A) shall not apply to the first 
     academic year for which a school receives a grant under this 
     section.
       ``(C) With respect to any academic year, the Secretary may 
     waive application of subparagraph (A) if--
       ``(i) the physical facilities at the school involved limit 
     the school from enrolling additional students; or
       ``(ii) the school has increased enrollment in the school 
     (as described in subparagraph (A)) for each of the 2 
     preceding academic years.
       ``(4) Not later than 1 year after receiving a grant under 
     this section, the school will formulate and implement a plan 
     to accomplish at least 2 of the following:
       ``(A) Establishing or significantly expanding an 
     accelerated baccalaureate degree nursing program designed to 
     graduate new nurses in 12 to 18 months.
       ``(B) Establishing cooperative intradisciplinary education 
     among schools of nursing with a view toward shared use of 
     technological resources, including information technology.
       ``(C) Establishing cooperative interdisciplinary training 
     between schools of nursing and schools of allied health, 
     medicine, dentistry, osteopathy, optometry, podiatry, 
     pharmacy, public health, or veterinary medicine, including 
     training for the use of the interdisciplinary team approach 
     to the delivery of health services.
       ``(D) Integrating core competencies on evidence-based 
     practice, quality improvements, and patient-centered care.
       ``(E) Increasing admissions, enrollment, and retention of 
     qualified individuals who are financially disadvantaged.
       ``(F) Increasing enrollment of minority and diverse student 
     populations.
       ``(G) Increasing enrollment of new graduate baccalaureate 
     nursing students in graduate programs that educate nurse 
     faculty members.
       ``(H) Developing post-baccalaureate residency programs to 
     prepare nurses for practice in specialty areas where nursing 
     shortages are most severe.
       ``(I) Increasing integration of geriatric content into the 
     core curriculum.
       ``(J) Partnering with economically disadvantaged 
     communities to provide nursing education.
       ``(K) Expanding the ability of nurse managed health centers 
     to provide clinical education training sites to nursing 
     students.
       ``(5) The school will submit an annual report to the 
     Secretary that includes updated information on the school 
     with respect to student enrollment, student retention, 
     graduation rates, passage rates on the National Council 
     Licensure Examination for Registered Nurses, the number of 
     graduates employed as nursing faculty or nursing care 
     providers within 12 months of graduation, and the number of 
     students who are accepted into graduate programs for further 
     nursing education.
       ``(6) The school will allow the Secretary to make on-site 
     inspections, and will comply

[[Page S4662]]

     with the Secretary's requests for information, to determine 
     the extent to which the school is complying with the 
     requirements of this section.
       ``(f) Reports to Congress.--The Secretary shall evaluate 
     the results of grants under this section and submit to 
     Congress--
       ``(1) not later than 18 months after the date of the 
     enactment of this section, an interim report on such results; 
     and
       ``(2) not later than September 30, 2010, a final report on 
     such results.
       ``(g) Application.--An eligible school of nursing seeking a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require.
       ``(h) Authorization of Appropriations.--In addition to the 
     amounts in the Domestic Nursing Enhancement Account, 
     established under section 833, there are authorized to be 
     appropriated such sums as may be necessary to carry out this 
     section.

     ``SEC. 833. DOMESTIC NURSING ENHANCEMENT ACCOUNT.

       ``(a) Establishment.--There is established in the general 
     fund of the Treasury a separate account which shall be known 
     as the `Domestic Nursing Enhancement Account.' 
     Notwithstanding any other provision of law, there shall be 
     deposited as offsetting receipts into the account all fees 
     collected under section 106(f) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note). Nothing in this 
     subsection shall prohibit the depositing of other moneys into 
     the account established under this section.
       ``(b) Use of Funds.--Amounts collected under section 106(f) 
     of the American Competitiveness in the Twenty-first Century 
     Act of 2000, and deposited into the account established under 
     subsection (a) shall be used by the Secretary of Health and 
     Human Services to carry out section 832. Such amounts shall 
     be available for obligation only to the extent, and in the 
     amount, provided in advance in appropriations Acts. Such 
     amounts are authorized to remain available until expended.''.
       (c) Global Health Care Cooperation.--
       (1) In general.--Title III of the Immigration and 
     Nationality Act (8 U.S.C. 1401 et seq.) is amended by 
     inserting after section 317 the following:

     ``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH 
                   CARE IN DEVELOPING COUNTRIES.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary of Homeland Security shall allow an 
     eligible alien and the spouse or child of such alien to 
     reside in a candidate country during the period that the 
     eligible alien is working as a physician or other health care 
     worker in a candidate country. During such period the 
     eligible alien and such spouse or child shall be considered--
       ``(1) to be physically present and residing in the United 
     States for purposes of naturalization under section 316(a); 
     and
       ``(2) to meet the continuous residency requirements under 
     section 316(b).
       ``(b) Definitions.--In this section:
       ``(1) Candidate country.--The term `candidate country' 
     means a country that the Secretary of State determines to 
     be--
       ``(A) eligible for assistance from the International 
     Development Association, in which the per capita income of 
     the country is equal to or less than the historical ceiling 
     of the International Development Association for the 
     applicable fiscal year, as defined by the International Bank 
     for Reconstruction and Development;
       ``(B) classified as a lower middle income country in the 
     then most recent edition of the World Development Report for 
     Reconstruction and Development published by the International 
     Bank for Reconstruction and Development and having an income 
     greater than the historical ceiling for International 
     Development Association eligibility for the applicable fiscal 
     year; or
       ``(C) qualified to be a candidate country due to special 
     circumstances, including natural disasters or public health 
     emergencies.
       ``(2) Eligible alien.--The term `eligible alien' means an 
     alien who--
       ``(A) has been lawfully admitted to the United States for 
     permanent residence; and
       ``(B) is a physician or other healthcare worker.
       ``(c) Consultation.--The Secretary of Homeland Security 
     shall consult with the Secretary of State in carrying out 
     this section.
       ``(d) Publication.--The Secretary of State shall publish--
       ``(1) not later than 180 days after the date of the 
     enactment of this section, a list of candidate countries;
       ``(2) an updated version of the list required by paragraph 
     (1) not less often than once each year; and
       ``(3) an amendment to the list required by paragraph (1) at 
     the time any country qualifies as a candidate country due to 
     special circumstances under subsection (b)(1)(C).''.
       (2) Rulemaking.--
       (A) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall promulgate regulations to carry out the amendments made 
     by this subsection.
       (B) Content.--The regulations promulgated pursuant to 
     paragraph (1) shall--
       (i) permit an eligible alien (as defined in section 317A of 
     the Immigration and Nationality Act, as added by paragraph 
     (1)) and the spouse or child of the eligible alien to reside 
     in a foreign country to work as a physician or other 
     healthcare worker as described in subsection (a) of such 
     section 317A for not less than a 12-month period and not more 
     than a 24-month period, and shall permit the Secretary to 
     extend such period for an additional period not to exceed 12 
     months, if the Secretary determines that such country has a 
     continuing need for such a physician or other healthcare 
     worker;
       (ii) provide for the issuance of documents by the Secretary 
     to such eligible alien, and such spouse or child, if 
     appropriate, to demonstrate that such eligible alien, and 
     such spouse or child, if appropriate, is authorized to reside 
     in such country under such section 317A; and
       (iii) provide for an expedited process through which the 
     Secretary shall review applications for such an eligible 
     alien to reside in a foreign country pursuant to subsection 
     (a) of such section 317A if the Secretary of State determines 
     a country is a candidate country pursuant to subsection 
     (b)(1)(C) of such section 317A.
       (3) Technical and conforming amendments.--
       (A) Definition.--Section 101(a)(13)(C)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) 
     is amended by adding at the end the following: ``except in 
     the case of an eligible alien, or the spouse or child of such 
     alien, who is authorized to be absent from the United States 
     under section 317A,''.
       (B) Documentary requirements.--Section 211(b) of such Act 
     (8 U.S.C. 1181(b)) is amended by inserting ``, including an 
     eligible alien authorized to reside in a foreign country 
     under section 317A and the spouse or child of such eligible 
     alien, if appropriate,'' after ``1101(a)(27)(A),''.
       (C) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) of such 
     Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting 
     ``other than an eligible alien authorized to reside in a 
     foreign country under section 317A and the spouse or child of 
     such eligible alien, if appropriate,'' after ``Act,''.
       (D) Clerical amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     317 the following:

``Sec. 317A. Temporary absence of aliens providing health care in 
              developing countries.''.

       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to U.S. Citizenship and Immigration 
     Services such sums as may be necessary to carry out this 
     subsection and the amendments made by this subsection.
       (d) Attestation by Health Care Workers.--
       (1) Attestation requirement.--Section 212(a)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is 
     amended by adding at the end the following:
       ``(E) Health care workers with other obligations.--
       ``(i) In general.--An alien who seeks to enter the United 
     States for the purpose of performing labor as a physician or 
     other health care worker is inadmissible unless the alien 
     submits to the Secretary of Homeland Security or the 
     Secretary of State, as appropriate, an attestation that the 
     alien is not seeking to enter the United States for such 
     purpose during any period in which the alien has an 
     outstanding obligation to the government of the alien's 
     country of origin or the alien's country of residence.
       ``(ii) Obligation defined.--In this subparagraph, the term 
     `obligation' means an obligation incurred as part of a valid, 
     voluntary individual agreement in which the alien received 
     financial assistance to defray the costs of education or 
     training to qualify as a physician or other health care 
     worker in consideration for a commitment to work as a 
     physician or other health care worker in the alien's country 
     of origin or the alien's country of residence.
       ``(iii) Waiver.--The Secretary of Homeland Security may 
     waive a finding of inadmissibility under clause (i) if the 
     Secretary determines that--

       ``(I) the obligation was incurred by coercion or other 
     improper means;
       ``(II) the alien and the government of the country to which 
     the alien has an outstanding obligation have reached a valid, 
     voluntary agreement, pursuant to which the alien's obligation 
     has been deemed satisfied, or the alien has shown to the 
     satisfaction of the Secretary that the alien has been unable 
     to reach such an agreement because of coercion or other 
     improper means; or
       ``(III) the obligation should not be enforced due to other 
     extraordinary circumstances, including undue hardship that 
     would be suffered by the alien in the absence of a waiver.''.

       (2) Effective date; application.--
       (A) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.
       (B) Application by the secretary.--Not later than the 
     effective date described in subparagraph (A), the Secretary 
     of Homeland Security shall begin to carry out subparagraph 
     (E) of section 212(a)(5) of the Immigration and Nationality 
     Act, as added by paragraph (1), including the requirement for 
     the attestation and the granting of a waiver described in 
     clause (iii) of such subparagraph (E), regardless of whether 
     regulations to implement such subparagraph have been 
     promulgated.
       Sec. 10007. Nurse Training And Retention Demonstration 
     Grants. (a) Findings.--Congress makes the following findings:

[[Page S4663]]

       (1) America's healthcare system depends on an adequate 
     supply of trained nurses to deliver quality patient care.
       (2) Over the next 15 years, this shortage is expected to 
     grow significantly. The Health Resources and Services 
     Administration has projected that by 2020, there will be a 
     shortage of nurses in every State and that overall only 64 
     percent of the demand for nurses will be satisfied, with a 
     shortage of 1,016,900 nurses nationally.
       (3) To avert such a shortage, today's network of healthcare 
     workers should have access to education and support from 
     their employers to participate in educational and training 
     opportunities.
       (4) With the appropriate education and support, incumbent 
     healthcare workers and incumbent bedside nurses are untapped 
     sources which can meet these needs and address the nursing 
     shortage and provide quality care as the American population 
     ages.
       (b) Purposes of Grant Program.--It is the purpose of this 
     section to authorize grants to--
       (1) address the projected shortage of nurses by funding 
     comprehensive programs to create a career ladder to nursing 
     (including Certified Nurse Assistants, Licensed Practical 
     Nurses, Licensed Vocational Nurses, and Registered Nurses) 
     for incumbent ancillary healthcare workers;
       (2) increase the capacity for educating nurses by 
     increasing both nurse faculty and clinical opportunities 
     through collaborative programs between staff nurse 
     organizations, healthcare providers, and accredited schools 
     of nursing; and
       (3) provide training programs through education and 
     training organizations jointly administered by healthcare 
     providers and healthcare labor organizations or other 
     organizations representing staff nurses and frontline 
     healthcare workers, working in collaboration with accredited 
     schools of nursing and academic institutions.
       (c) Grants.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Labor (referred to in 
     this section as the ``Secretary'') shall establish a 
     partnership grant program to award grants to eligible 
     entities to carry out comprehensive programs to provide 
     education to nurses and create a pipeline to nursing for 
     incumbent ancillary healthcare workers who wish to advance 
     their careers, and to otherwise carry out the purposes of 
     this section.
       (d) Eligible Entities.--To be eligible to receive a grant 
     under this section an entity shall--
       (1) be--
       (A) a healthcare entity that is jointly administered by a 
     healthcare employer and a labor union representing the 
     healthcare employees of the employer and that carries out 
     activities using labor management training funds as provided 
     for under section 302 of the Labor-Management Relations Act, 
     1947 (18 U.S.C. 186(c)(6));
       (B) an entity that operates a training program that is 
     jointly administered by--
       (i) one or more healthcare providers or facilities, or a 
     trade association of healthcare providers; and
       (ii) one or more organizations which represent the 
     interests of direct care healthcare workers or staff nurses 
     and in which the direct care healthcare workers or staff 
     nurses have direct input as to the leadership of the 
     organization; or
       (C) a State training partnership program that consists of 
     non-profit organizations that include equal participation 
     from industry, including public or private employers, and 
     labor organizations including joint labor-management training 
     programs, and which may include representatives from local 
     governments, worker investment agency one-stop career 
     centers, community based organizations, community colleges, 
     and accredited schools of nursing; and
       (2) submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (e) Additional Requirements for Healthcare Employer 
     Described in Subsection (d).--To be eligible for a grant 
     under this section, a healthcare employer described in 
     subsection (d) shall demonstrate--
       (1) an established program within their facility to 
     encourage the retention of existing nurses;
       (2) it provides wages and benefits to its nurses that are 
     competitive for its market or that have been collectively 
     bargained with a labor organization; and
       (3) support for programs funded under this section through 
     1 or more of the following:
       (A) The provision of paid leave time and continued health 
     coverage to incumbent healthcare workers to allow their 
     participation in nursing career ladder programs, including 
     Certified Nurse Assistants, Licensed Practical Nurses, 
     Licensed Vocational Nurses, and Registered Nurses.
       (B) Contributions to a joint labor-management or other 
     jointly administered training fund which administers the 
     program involved.
       (C) The provision of paid release time, incentive 
     compensation, or continued health coverage to staff nurses 
     who desire to work full- or part-time in a faculty position.
       (D) The provision of paid release time for staff nurses to 
     enable them to obtain a bachelor of science in nursing 
     degree, other advanced nursing degrees, specialty training, 
     or certification program.
       (E) The payment of tuition assistance to incumbent 
     healthcare workers.
       (f) Other Requirements.--
       (1) Matching requirement.--
       (A) In general.--The Secretary may not make a grant under 
     this section unless the applicant involved agrees, with 
     respect to the costs to be incurred by the applicant in 
     carrying out the program under the grant, to make available 
     non-Federal contributions (in cash or in kind under 
     subparagraph (B)) toward such costs in an amount equal to not 
     less than $1 for each $1 of Federal funds provided in the 
     grant. Such contributions may be made directly or through 
     donations from public or private entities, or may be provided 
     through the cash equivalent of paid release time provided to 
     incumbent worker students.
       (B) Determination of amount of non-federal contribution.--
     Non-Federal contributions required in subparagraph (A) may be 
     in cash or in kind (including paid release time), fairly 
     evaluated, including equipment or services (and excluding 
     indirect or overhead costs).
       (C) Supplement, not supplant.--Funds made available under 
     this section shall supplement, and not supplant, resources 
     dedicated by an entity, or other Federal, State, or local 
     funds available to carry out activities described in this 
     section.
       (2) Required collaboration.--Entities carrying out or 
     overseeing programs carried out with assistance provided 
     under this section shall demonstrate collaboration with 
     accredited schools of nursing which may include community 
     colleges and other academic institutions providing associate, 
     bachelor's, or advanced nursing degree programs or specialty 
     training or certification programs.
       (g) Activities.--Amounts awarded to an entity under a grant 
     under this section shall be used for the following:
       (1) To carry out programs that provide education and 
     training to establish nursing career ladders to educate 
     incumbent healthcare workers to become nurses (including 
     Certified Nurse Assistants, Licensed Practical Nurses, 
     Licensed Vocational Nurses, and Registered Nurses). Such 
     programs shall include one or more of the following:
       (A) Preparing incumbent workers to return to the classroom 
     through English as a second language education, GED 
     education, precollege counseling, college preparation 
     classes, and support with entry level college classes that 
     are a prerequisite to nursing.
       (B) Providing tuition assistance with preference for 
     dedicated cohort classes in community colleges, universities, 
     accredited schools of nursing with supportive services 
     including tutoring and counseling.
       (C) Providing assistance in preparing for and meeting all 
     nursing licensure tests and requirements.
       (D) Carrying out orientation and mentorship programs that 
     assist newly graduated nurses in adjusting to working at the 
     bedside to ensure their retention post graduation, and 
     ongoing programs to support nurse retention.
       (E) Providing stipends for release time and continued 
     healthcare coverage to enable incumbent healthcare workers to 
     participate in these programs.
       (2) To carry out programs that assist nurses in obtaining 
     advanced degrees and completing specialty training or 
     certification programs and to establish incentives for nurses 
     to assume nurse faculty positions on a part-time or full-time 
     basis. Such programs shall include one or more of the 
     following:
       (A) Increasing the pool of nurses with advanced degrees who 
     are interested in teaching by funding programs that enable 
     incumbent nurses to return to school.
       (B) Establishing incentives for advanced degree bedside 
     nurses who wish to teach in nursing programs so they can 
     obtain a leave from their bedside position to assume a full- 
     or part-time position as adjunct or full time faculty without 
     the loss of salary or benefits.
       (C) Collaboration with accredited schools of nursing which 
     may include community colleges and other academic 
     institutions providing associate, bachelor's, or advanced 
     nursing degree programs, or specialty training or 
     certification programs, for nurses to carry out innovative 
     nursing programs which meet the needs of bedside nursing and 
     healthcare providers.
       (h) Preference.--In awarding grants under this section the 
     Secretary shall give preference to programs that--
       (1) provide for improving nurse retention;
       (2) provide for improving the diversity of the new nurse 
     graduates to reflect changes in the demographics of the 
     patient population;
       (3) provide for improving the quality of nursing education 
     to improve patient care and safety;
       (4) have demonstrated success in upgrading incumbent 
     healthcare workers to become nurses or which have established 
     effective programs or pilots to increase nurse faculty; or
       (5) are modeled after or affiliated with such programs 
     described in paragraph (4).
       (i) Evaluation.--
       (1) Program evaluations.--An entity that receives a grant 
     under this section shall annually evaluate, and submit to the 
     Secretary a report on, the activities carried out under the 
     grant and the outcomes of such activities. Such outcomes may 
     include--
       (A) an increased number of incumbent workers entering an 
     accredited school of nursing and in the pipeline for nursing 
     programs;

[[Page S4664]]

       (B) an increasing number of graduating nurses and improved 
     nurse graduation and licensure rates;
       (C) improved nurse retention;
       (D) an increase in the number of staff nurses at the 
     healthcare facility involved;
       (E) an increase in the number of nurses with advanced 
     degrees in nursing;
       (F) an increase in the number of nurse faculty;
       (G) improved measures of patient quality as determined by 
     the Secretary; and
       (H) an increase in the diversity of new nurse graduates 
     relative to the patient population.
       (2) General report.--Not later than September 30, 2011, the 
     Secretary of Labor shall, using data and information from the 
     reports received under paragraph (1), submit to Congress a 
     report concerning the overall effectiveness of the grant 
     program carried out under this section.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section for fiscal years 
     2010, 2011, and 2012, such sums as may be necessary. Funds 
     appropriated under this subsection shall remain available 
     until expended without fiscal year limitation.


                         EXPLANATORY STATEMENT

       Sec. 10008. 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. 10009. This Act may be cited as the ``Supplemental 
     Appropriations Act, 2008''.
                                 ______
                                 
  SA 4790. Mr. REID proposed an amendment to amendment SA 4789 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:

                                   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.

          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

[[Page S4665]]

     $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''.

                               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

[[Page S4666]]

     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 
     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.

[[Page S4667]]

       (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.


                              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--

[[Page S4668]]

       (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 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.

[[Page S4669]]

                          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 10002 of title X 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.
       (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 10002 of title X 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 10002 of title X 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 10002 of title X of this Act shall not apply to 
     this section.


                              SOUTH AFRICA

       Sec. 1413. The Secretary of State, after consultation with 
     the Attorney General and the Secretary of Homeland Security, 
     may determine, in the Secretary's sole and unreviewable 
     discretion considering the foreign policy interests of the 
     United States, that for activities undertaken in opposition 
     to apartheid rule, subsections (a)(2) and (a)(3)(B) of 8 
     U.S.C. 1182, as amended, shall not apply.


                                 JORDAN

                    (INCLUDING RESCISSION OF FUNDS)

       Sec. 1414. (a) For an additional amount for ``Economic 
     Support Fund'' for assistance for

[[Page S4670]]

     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 10002 of title X of this Act shall not apply to 
     this section.


                              Allocations

       Sec. 1415. (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. 1416. 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. 1417. (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. 1418. 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 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, to remain available until September 30, 2009, 
     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 remain available until expended, 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, to remain available until September 30, 2009 
     with such sums as determined by the Administrator of the 
     National Aeronautics and Space Administration as available 
     for transfer to and ``Science, Aeronautics, Exploration'', 
     and ``Exploration Capabilities'' for restoration of funds 
     previously reallocated to meet return to flight activities.

                      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, to remain available until September 30, 
     2009.


                     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, to 
     remain available until September 30, 2009.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2201. (a) Section 3008(a) of the Digital Television 
     Transition and Public Safety Act of 2005 is amended--
       (1) by inserting ``(1) In General.--'' before ``The 
     Assistant Secretary''; and
       (2) by adding at the end thereof the following:
       ``(2) Use of funds.--As soon as practicable after the date 
     of enactment of this Act, the Assistant Secretary shall make 
     a determination, which the Assistant Secretary may adjust 
     from time to time, with respect to whether the full amount 
     provided under paragraph (1) will be needed for payments 
     under that paragraph. If the Assistant Secretary determines 
     that the full amount will not be needed for payments 
     authorized by paragraph (1), the Assistant Secretary may use 
     the remaining amount for consumer education and technical 
     assistance regarding the digital television transition and 
     the availability of the digital-to-analog converter box 
     program (in addition to any amounts expended for such purpose 
     under 3005(c)(2)(A) of this title), including partnering 
     with, providing grants to, and contracting with non-profit 
     organizations or public interest groups in achieving these 
     efforts. If the Assistant Secretary initiates such an 
     education program, the Assistant Secretary shall develop a 
     plan to address the educational and technical assistance 
     needs of vulnerable populations, such as senior citizens, 
     individuals residing in rural and remote areas, and 
     minorities, including, where

[[Page S4671]]

     appropriate, education plans focusing on the need for analog 
     pass-through digital converter boxes in areas served by low 
     power or translator stations, and shall consider the speed 
     with which these objectives can be accomplished to the 
     greatest public benefit.''.
       (b) Section 3009(a) of the Deficit Reduction Act of 2005 
     (Public Law 109-171) is amended--
       (1) by striking ``fiscal year 2009'' and inserting ``fiscal 
     years 2009 through 2012''; and
       (2) by striking ``no earlier than October 1, 2010'' and 
     inserting ``on or after February 18, 2009''.

                               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 PROVISIONS--THIS CHAPTER

       Sec. 2301. (a) Subject to subsection (b), the Secretary of 
     Energy shall continue the cooperative agreement numbered DE-
     FC 26-06NT42073, as in effect on the date of enactment of 
     this Act, through March 30, 2009.
       (b) During the period beginning on the date of enactment of 
     this Act and ending on March 30, 2009--
       (1) the agreement described in subsection (a) may not be 
     terminated except by the mutual consent of the parties to the 
     agreement; and
       (2) funds may be expended under the agreement only to 
     complete and provide information and documentation to the 
     Department of Energy.
       Sec. 2302. 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 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

[[Page S4672]]

     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 PROVISIONS--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.
       Sec. 2402. (a) In General.--Section 604(a)(5) of title 28, 
     United States Code, is amended by inserting after ``hold 
     office during good behavior,'' the following: ``bankruptcy 
     judges appointed under chapter 6 of title 28; territorial 
     district court judges appointed under section 24 of the 
     Organic Act of Guam (48 U.S.C. 1424b), section 1(b) of the 
     Act of November 8, 1977 (48 U.S.C. 1821), or section 24(a) of 
     the Revised Organic Act of the Virgin Islands (48 U.S.C. 
     1614(a)); bankruptcy judges retired under section 377 of 
     title 28; and judges retired under section 373 of title 
     28,''.
       (b) Construction.--For purposes of construing and applying 
     chapter 87 of title 5, United States Code, including any 
     adjustment of insurance rates by regulation or otherwise, the 
     following categories of judicial officers shall be deemed to 
     be judges of the United States as described under section 
     8701 of title 5, United States Code:
       (1) Bankruptcy judges appointed under chapter 6 of title 
     28, United States Code.
       (2) Territorial district court judges appointed under 
     section 24 of the Organic Act of Guam (48 U.S.C. 1424b), 
     section 1(b) of the Act of November 8, 1977 (48 U.S.C. 1821), 
     or section 24(a) of the Revised Organic Act of the Virgin 
     Islands (48 U.S.C. 1614(a)).
       (3) Bankruptcy judges retired under section 377 of title 
     28, United States Code.
       (4) Judges retired under section 373 of title 28, United 
     States Code.
       (c) Effective Date.--Subsection (b) and the amendment made 
     by subsection (a) shall apply with respect to any payment 
     made on or after the first day of the first applicable pay 
     period beginning on or after the date of enactment of Public 
     Law No. 110-177.
       Sec. 2403. Life Insurance for Tax Court Judges Age 65 or 
     Over. (a) In General.--Section 7472 of the Internal Revenue 
     Code of 1986 is amended by inserting after the word 
     ``imposed'' where it appears in the second sentence the 
     following phrase: ``after April 24, 1999, that is incurred''.
       (b) Effective Date.--This amendment shall take effect as if 
     included in the amendment made by section 852 of the Pension 
     Protection Act of 2006.

                               CHAPTER 5

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2501. Secure Rural Schools Act Amendment. (a) For 
     fiscal year 2008, payments shall be made from any revenues, 
     fees, penalties, or miscellaneous receipts described in 
     sections 102(b)(3) and 103(b)(2) of the Secure Rural Schools 
     and Community Self-Determination Act of 2000 (Public Law 106-
     393; 16 U.S.C. 500 note), not to exceed $100,000,000, and the 
     payments shall be made, to the maximum extent practicable, in 
     the same amounts, for the same purposes, and in the same 
     manner as were made to States and counties in 2006 under that 
     Act.
       (b) There is appropriated $400,000,000, to remain available 
     until December 31, 2008, to be used to cover any shortfall 
     for payments made under this section from funds not otherwise 
     appropriated.
       (c) Titles II and III of Public Law 106-393 are amended, 
     effective September 30, 2006, by striking ``2007'' and 
     ``2008'' each place they appear and inserting ``2008'' and 
     ``2009'', respectively.

                               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, which shall be 
     used to support additional scientific research in the 
     Institutes and Centers of the National Institutes of Health: 
     Provided, That these funds are to be transferred to the 
     Institutes and Centers on a pro-rata basis: Provided further, 
     That funds transferred shall be merged with and be available 
     for the same purposes and for the same time period as the 
     appropriation or fund to which transferred: Provided further, 
     That this transfer authority is in addition to any other 
     transfer authority available to the National Institutes of 
     Health: Provided further, That none of these funds are to be 
     transferred to the Buildings and Facilities appropriation, 
     the Center for Scientific Review, the Center for Information 
     Technology, the Clinical Center, the Global Fund for HIV/
     AIDS, Tuberculosis and Malaria, and the Office of the 
     Director except for the NIH Common Fund within the Office of 
     the Director, which shall receive its pro-rata share of the 
     increase.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2601. (a) 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) $500,000,000 for fiscal year 2008, for making payments 
     under subsections (a) through (d) of section 2604 of the Low-
     Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623); 
     and
       (2) $500,000,000 for fiscal year 2008, for making 
     allotments under section 2604(e) of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8623(e)) that are 
     made in such a manner as to ensure that each State's 
     allotment percentage is the percentage the State would 
     receive of funds allotted under section 2604(a) of such Act 
     (42 U.S.C. 8623(a)), if the total amount appropriated for 
     fiscal year 2008 and available to carry out such section 
     2604(a) had been less than $1,975,000,000.

[[Page S4673]]

       (b) Funds appropriated under subsection (a)(2), and funds 
     appropriated (but not obligated) prior to the date of 
     enactment of this Act for making payments under section 
     2604(e) of such Act (42 U.S.C. 8623(e)), shall be released to 
     States not later than 30 days after the date of enactment of 
     this Act.
       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 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.

                               CHAPTER 8

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2801. Until January 1, 2009, an aircraft used by an 
     air carrier in the operation specified in section 47528(e)(3) 
     of title 49, United States Code, as of April 1, 2008, may 
     continue to be operated under the provisions of that section 
     by an air carrier that purchases or leases that aircraft 
     after April 1, 2008, for conduct of the same operation. 
     Operation of that aircraft under section 47528(e)(4) is 
     authorized for the same time period.
       Sec. 2802. Title 49, United States Code, is amended--
       (1) by striking ``August 31, 2008,'' in section 44302(f)(1) 
     and inserting ``August 31, 2009,'';
       (2) by striking ``December 31, 2008,'' in section 
     44302(f)(1) and inserting ``December 31, 2009,''; and
       (3) by striking ``December 31, 2008'' in section 44303(b) 
     and inserting ``December 31, 2009''.

                               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, to remain available until September 30, 2009.

            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, to remain available until September 
     30, 2009.

                         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, notwithstanding the provisions of section 
     511 of said Act, $75,000,000, to remain available until 
     September 30, 2009: 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.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 3201. Gulf of Mexico Designations. (a) Notwithstanding 
     any other provision of law, no funds made available under 
     this Act or any other Act for fiscal year 2008 or 2009 may be 
     used to establish a national monument or otherwise convey 
     protected status to any area in the marine environment of the 
     Exclusive Economic Zone of the United States under the Act of 
     June 8, 1906 (16 U.S.C. 431 et seq.).
       (b) Not later than 180 days after the date of enactment of 
     this Act, the Secretary of Commerce may, as applicable, and 
     in compliance with all requirements under title III of the 
     National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) 
     (including the procedures for designation and implementation 
     under section 304 of that Act (16 U.S.C. 1434)) with respect 
     to any proposed protected area, submit to Congress a study of 
     the proposed protected area.

                               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

[[Page S4674]]

     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 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 PROVISION--THIS CHAPTER

       Sec. 3401. (a) Extension of Participation Term for Victims 
     of Hurricane Katrina.--
       (1) Retroactivity.--If a small business concern, while 
     participating in any program or activity under the authority 
     of paragraph (10) of section 7(j) of the Small Business Act 
     (15 U.S.C. 636(j)), was located in a parish or county 
     described in paragraph (2) and was affected by Hurricane 
     Katrina of 2005, the period during which that small business 
     concern is permitted continuing participation and eligibility 
     in such program or activity shall be extended for an 
     additional 24 months.
       (2) Parishes and counties covered.--Paragraph (1) applies 
     to any parish in the State of Louisiana, or any county in the 
     State of Mississippi or in the State of Alabama, that has 
     been designated by the Administrator as a disaster area by 
     reason of Hurricane Katrina of 2005 under disaster 
     declaration 10176, 10177, 10178, 10179, 10180, or 10181.
       (3) Review and compliance.--The Administrator shall ensure 
     that the eligibility for continuing participation by each 
     small business concern that was participating in a program or 
     activity covered by paragraph (1) before the date of 
     enactment of this Act is reviewed and brought into compliance 
     with this subsection.
       (b) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration; and

[[Page S4675]]

       (2) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act (15 U.S.C. 
     632).

                               CHAPTER 5

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 3501. 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. 3502. 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 6

                       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 7

                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 8

                         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. 3801. 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 9

                      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

[[Page S4676]]

     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 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

[[Page S4677]]

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

     ``Sec. 3312. Educational assistance: duration

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

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

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

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

       ``(2) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(3) 
     of this title, amounts equal to 90 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(3) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(4) 
     of this title, amounts equal to 80 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(4) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(5) 
     of this title, amounts equal to 70 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(5) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(6) 
     of this title, amounts equal to 60 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(6) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(7) 
     of this title, amounts equal to 50 percent of the amounts 
     that would be payable to the individual under paragraph (1) 
     for the program of education if the individual were entitled 
     to amounts for the program of education under paragraph (1) 
     rather than this paragraph.
       ``(7) In the case of an individual entitled to educational 
     assistance under this chapter by reason of section 3311(b)(8) 
     of this title, amounts equal to 40 percent of the amounts 
     that would be payable to the individual

[[Page S4678]]

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

     ``Sec. 3314. Tutorial assistance

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

     ``Sec. 3315. Licensure and certification tests

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

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

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

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

       ``(a) Establishment of Program.--In instances where the 
     educational assistance provided pursuant to section 
     3313(c)(1)(A) does not cover the full cost of established 
     charges (as specified in section 3313 of this title), the 
     Secretary shall carry out a program under which colleges and 
     universities can, voluntarily, enter into an agreement with 
     the Secretary to cover a portion of those established charges 
     not otherwise covered under section 3313(c)(1)(A), which 
     contributions shall be matched by equivalent contributions 
     toward such costs by the Secretary. The program shall only 
     apply to covered individuals described in paragraphs (1) and 
     (2) of section 3311(b).

[[Page S4679]]

       ``(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 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''.....

[[Page S4680]]

       (b) Conforming Amendments.--
       (1) Amendments relating to duplication of benefits.--
       (A) Section 3033 of title 38, United States Code, is 
     amended--
       (i) in subsection (a)(1), by inserting ``33,'' after 
     ``32,''; and
       (ii) in subsection (c), by striking ``both the program 
     established by this chapter and the program established by 
     chapter 106 of title 10'' and inserting ``two or more of the 
     programs established by this chapter, chapter 33 of this 
     title, and chapters 1606 and 1607 of title 10''.
       (B) Paragraph (4) of section 3695(a) of such title is 
     amended to read as follows:
       ``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
       (C) Section 16163(e) of title 10, United States Code, is 
     amended by inserting ``33,'' after ``32,''.
       (2) Additional conforming amendments.--
       (A) Title 38, United States Code, is further amended by 
     inserting ``33,'' after ``32,'' each place it appears in the 
     following provisions:
       (i) In subsections (b) and (e)(1) of section 3485.
       (ii) In section 3688(b).
       (iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and 
     (e)(2) of section 3689.
       (iv) In section 3690(b)(3)(A).
       (v) In subsections (a) and (b) of section 3692.
       (vi) In section 3697(a).
       (B) Section 3697A(b)(1) of such title is amended by 
     striking ``or 32'' and inserting ``32, or 33''.
       (c) Applicability to Individuals Under Montgomery GI Bill 
     Program.--
       (1) Individuals eligible to elect participation in post-9/
     11 educational assistance.--An individual may elect to 
     receive educational assistance under chapter 33 of title 38, 
     United States Code (as added by subsection (a)), if such 
     individual--
       (A) as of August 1, 2009--
       (i) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, and has used, but 
     retains unused, entitlement under that chapter;
       (ii) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, and has 
     used, but retains unused, entitlement under the applicable 
     chapter;
       (iii) is entitled to basic educational assistance under 
     chapter 30 of title 38, United States Code, but has not used 
     any entitlement under that chapter;
       (iv) is entitled to educational assistance under chapter 
     107, 1606, or 1607 of title 10, United States Code, but has 
     not used any entitlement under such chapter;
       (v) is a member of the Armed Forces who is eligible for 
     receipt of basic educational assistance under chapter 30 of 
     title 38, United States Code, and is making contributions 
     toward such assistance under section 3011(b) or 3012(c) of 
     such title; or
       (vi) is a member of the Armed Forces who is not entitled to 
     basic educational assistance under chapter 30 of title 38, 
     United States Code, by reason of an election under section 
     3011(c)(1) or 3012(d)(1) of such title; and
       (B) as of the date of the individual's election under this 
     paragraph, meets the requirements for entitlement to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added).
       (2) Cessation of contributions toward gi bill.--Effective 
     as of the first month beginning on or after the date of an 
     election under paragraph (1) of an individual described by 
     subparagraph (A)(v) of that paragraph, the obligation of the 
     individual to make contributions under section 3011(b) or 
     3012(c) of title 38, United States Code, as applicable, shall 
     cease, and the requirements of such section shall be deemed 
     to be no longer applicable to the individual.
       (3) Revocation of remaining transferred entitlement.--
       (A) Election to revoke.--If, on the date an individual 
     described in subparagraph (A)(i) or (A)(iii) of paragraph (1) 
     makes an election under that paragraph, a transfer of the 
     entitlement of the individual to basic educational assistance 
     under section 3020 of title 38, United States Code, is in 
     effect and a number of months of the entitlement so 
     transferred remain unutilized, the individual may elect to 
     revoke all or a portion of the entitlement so transferred 
     that remains unutilized.
       (B) Availability of revoked entitlement.--Any entitlement 
     revoked by an individual under this paragraph shall no longer 
     be available to the dependent to whom transferred, but shall 
     be available to the individual instead for educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), in accordance with the provisions of this 
     subsection.
       (C) Availability of unrevoked entitlement.--Any entitlement 
     described in subparagraph (A) that is not revoked by an 
     individual in accordance with that subparagraph shall remain 
     available to the dependent or dependents concerned in 
     accordance with the current transfer of such entitlement 
     under section 3020 of title 38, United States Code.
       (4) Post-9/11 educational assistance.--
       (A) In general.--Subject to subparagraph (B) and except as 
     provided in paragraph (5), an individual making an election 
     under paragraph (1) shall be entitled to educational 
     assistance under chapter 33 of title 38, United States Code 
     (as so added), in accordance with the provisions of such 
     chapter, instead of basic educational assistance under 
     chapter 30 of title 38, United States Code, or educational 
     assistance under chapter 107, 1606, or 1607 of title 10, 
     United States Code, as applicable.
       (B) Limitation on entitlement for certain individuals.--In 
     the case of an individual making an election under paragraph 
     (1) who is described by subparagraph (A)(i) of that 
     paragraph, the number of months of entitlement of the 
     individual to educational assistance under chapter 33 of 
     title 38, United States Code (as so added), shall be the 
     number of months equal to--
       (i) the number of months of unused entitlement of the 
     individual under chapter 30 of title 38, United States Code, 
     as of the date of the election, plus
       (ii) the number of months, if any, of entitlement revoked 
     by the individual under paragraph (3)(A).
       (5) Continuing entitlement to educational assistance not 
     available under 9/11 assistance program.--
       (A) In general.--In the event educational assistance to 
     which an individual making an election under paragraph (1) 
     would be entitled under chapter 30 of title 38, United States 
     Code, or chapter 107, 1606, or 1607 of title 10, United 
     States Code, as applicable, is not authorized to be available 
     to the individual under the provisions of chapter 33 of title 
     38, United States Code (as so added), the individual shall 
     remain entitled to such educational assistance in accordance 
     with the provisions of the applicable chapter.
       (B) Charge for use of entitlement.--The utilization by an 
     individual of entitlement under subparagraph (A) shall be 
     chargeable against the entitlement of the individual to 
     educational assistance under chapter 33 of title 38, United 
     States Code (as so added), at the rate of one month of 
     entitlement under such chapter 33 for each month of 
     entitlement utilized by the individual under subparagraph (A) 
     (as determined as if such entitlement were utilized under the 
     provisions of chapter 30 of title 38, United States Code, or 
     chapter 107, 1606, or 1607 of title 10, United States Code, 
     as applicable).
       (6) Additional post-9/11 assistance for members having made 
     contributions toward gi bill.--
       (A) Additional assistance.--In the case of an individual 
     making an election under paragraph (1) who is described by 
     clause (i), (iii), or (v) of subparagraph (A) of that 
     paragraph, the amount of educational assistance payable to 
     the individual under chapter 33 of title 38, United States 
     Code (as so added), as a monthly stipend payable under 
     paragraph (1)(B) of section 3313(c) of such title (as so 
     added), or under paragraphs (2) through (7) of that section 
     (as applicable), shall be the amount otherwise payable as a 
     monthly stipend under the applicable paragraph increased by 
     the amount equal to--
       (i) the total amount of contributions toward basic 
     educational assistance made by the individual under section 
     3011(b) or 3012(c) of title 38, United States Code, as of the 
     date of the election, multiplied by
       (ii) the fraction--

       (I) the numerator of which is--

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

       (II) the denominator of which is 36 months.

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

[[Page S4681]]

     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 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

[[Page S4682]]

     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 (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

[[Page S4683]]

     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 
     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

[[Page S4684]]

     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 
     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.

[[Page S4685]]

       ``(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.
       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--EMERGENCY AGRICULTURE RELIEF

     SEC. 8001. DEFINITIONS.

       In this title:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor

[[Page S4686]]

     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 or the performance of agricultural labor or services 
     described in section 101(a)(15)(H)(ii)(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Emergency agricultural worker status.--The term 
     ``emergency agricultural worker status'' means the status of 
     an alien who has been lawfully admitted into the United 
     States for temporary residence under section 8011(a).
       (4) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (5) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Homeland Security.
       (6) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.

     SEC. 8002. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     title shall take effect on the date of the enactment of this 
     Act.
       (b) Exception.--Sections 8021 and 8031 shall take effect on 
     the date that is 1 year after the date of the enactment of 
     this Act.

               Subtitle A--Emergency Agricultural Workers

     SEC. 8011. REQUIREMENTS FOR EMERGENCY AGRICULTURAL WORKER 
                   STATUS.

       (a) Requirement To Grant Emergency Agricultural Worker 
     Status.--Notwithstanding any other provision of law, the 
     Secretary shall, pursuant to the requirements of this 
     section, grant emergency agricultural worker status to an 
     alien who qualifies under this section if the Secretary 
     determines that the alien--
       (1) during the 48-month period ending on December 31, 
     2007--
       (A) performed agricultural employment in the United States 
     for at least 863 hours or 150 work days; or
       (B) earned at least $7,000 from agricultural employment;
       (2) applied for emergency agricultural worker status during 
     the 18-month application period beginning on the first day of 
     the seventh month that begins after the date of the enactment 
     of this Act;
       (3) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under section 8014; and
       (4) has not been convicted of any felony or a misdemeanor, 
     an element of which involves bodily injury, threat of serious 
     bodily injury, or damage to property in excess of $500.
       (b) Authorized Travel.--An alien who is granted emergency 
     agricultural worker status is authorized to travel outside 
     the United States (including commuting to the United States 
     from a residence in a foreign country) in the same manner as 
     an alien lawfully admitted for permanent residence.
       (c) Authorized Employment.--The Secretary shall provide an 
     alien who is granted emergency agricultural worker status an 
     employment authorized endorsement or other appropriate work 
     permit, in the same manner as an alien lawfully admitted for 
     permanent residence.
       (d) Termination of Emergency Agricultural Worker Status.--
     The Secretary shall terminate emergency agricultural worker 
     status if--
       (1) the Secretary determines that the alien is deportable;
       (2) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to emergency agricultural 
     worker status was the result of fraud or willful 
     misrepresentation (as described in section 212(a)(6)(C)(i) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(6)(C)(i)));
       (3) the alien--
       (A) commits an act that makes the alien inadmissible to the 
     United States as an immigrant, except as provided under 
     section 8014;
       (B) is convicted of a felony or at least 3 misdemeanors 
     committed in the United States;
       (C) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500; or
       (D) fails to pay any applicable Federal tax liability 
     pursuant to section 8012(d); or
       (4) the Secretary determines that the alien has not 
     fulfilled the work requirement described in subsection (e) 
     during any 1-year period in which the alien was in such 
     status and the Secretary has not waived such requirement 
     under subsection (e)(3).
       (e) Work Requirement.--
       (1) In general.--An alien shall perform at least 100 work 
     days of agricultural employment per year to maintain 
     emergency agricultural worker status under this section.
       (2) Proof.--An alien may demonstrate compliance with the 
     requirement under paragraph (1) by submitting--
       (A) the record of employment described in paragraph (4); or
       (B) the documentation described in section 8013(c)(1).
       (3) Waiver for extraordinary circumstances.--
       (A) In general.--The Secretary may waive the requirement 
     under paragraph (1) for any year in which the alien was 
     unable to work in agricultural employment due to--
       (i) pregnancy, injury, or disease, if the alien can 
     establish such pregnancy, disabling injury, or disease 
     through medical records;
       (ii) illness, disease, or other special needs of a minor 
     child, if the alien can establish such illness, disease, or 
     special needs through medical records;
       (iii) severe weather conditions that prevented the alien 
     from engaging in agricultural employment for a significant 
     period of time; or
       (iv) termination from agricultural employment without just 
     cause, if the alien establishes that he or she was unable to 
     find alternative agricultural employment after a reasonable 
     job search.
       (B) Limitation.--A waiver granted under subparagraph 
     (A)(iv) shall not be conclusive, binding, or admissible in a 
     separate or subsequent action or proceeding between the 
     employee and the employee's current or prior employer.
       (4) Record of employment.--
       (A) Requirement.--Each employer of an alien granted 
     emergency agricultural worker status shall annually provide--
       (i) a written record of employment to the alien; and
       (ii) a copy of such record to the Secretary.
       (B) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted emergency agricultural worker status has failed to 
     provide the record of employment required under subparagraph 
     (A) or has provided a false statement of material fact in 
     such a record, the employer shall be subject to a civil money 
     penalty in an amount not to exceed $1,000 per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (f) Required Features of Identity Card.--The Secretary 
     shall provide each alien granted emergency agricultural 
     worker status, and the spouse and any child of each such 
     alien residing in the United States, with a card that 
     contains--
       (1) an encrypted, machine-readable, electronic 
     identification strip that is unique to the alien to whom the 
     card is issued;
       (2) biometric identifiers, including fingerprints and a 
     digital photograph; and
       (3) physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the card for 
     fraudulent purposes.
       (g) Fine.--An alien granted emergency agricultural worker 
     status shall pay a fine of $250 to the Secretary.
       (h) Maximum Number.--The Secretary may not issue more than 
     1,350,000 emergency agricultural worker cards during the 5-
     year period beginning on the date of the enactment of this 
     Act.
       (i) Maximum Length of Emergency Agricultural Worker 
     Status.--Emergency agricultural worker status granted under 
     this section shall continue until the earlier of--
       (1) the date on which such status is terminated pursuant to 
     subsection (d); or
       (2) 5 years after the date on which such status is granted.

     SEC. 8012. TREATMENT OF ALIENS GRANTED EMERGENCY AGRICULTURAL 
                   WORKER STATUS.

       (a) In General.--Except as otherwise provided under this 
     section, an alien granted emergency agricultural worker 
     status (including a spouse or child granted derivative 
     status) shall be considered to be an alien lawfully admitted 
     for permanent residence for purposes of any law other than 
     any provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.).
       (b) Ineligibility for Certain Federal Public Benefits.--An 
     alien granted emergency agricultural worker status (including 
     a spouse or child granted derivative status) shall not be 
     eligible, by reason of such status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)) while in such status.
       (c) Federal Tax Liability Applies.--
       (1) In general.--An alien granted emergency agricultural 
     worker status shall pay any applicable Federal tax liability, 
     including penalties and interest, owed for any year during 
     the period of employment required under section 8011(e) for 
     which the statutory period for assessment of any deficiency 
     for such taxes has not expired.
       (2) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all taxes required 
     under this subsection.
       (d) Treatment of Spouses and Minor Children.--
       (1) Granting of status and removal.--The Secretary shall 
     grant derivative status to the alien spouse and any minor 
     child residing in the United States of an alien granted 
     emergency agricultural worker status and shall not remove 
     such derivative spouse or child during the period in which 
     the principal alien maintains such status, except as provided 
     in paragraph (4). A grant of derivative status to such a 
     spouse or child under this subparagraph shall not decrease 
     the number of aliens who may receive emergency agricultural 
     worker status under section 8011(h).
       (2) Travel.--The derivative spouse and any minor child of 
     an alien granted emergency agricultural worker status may 
     travel outside the United States in the same manner

[[Page S4687]]

     as an alien lawfully admitted for permanent residence.
       (3) Employment.--The derivative spouse of an alien granted 
     emergency agricultural worker status may apply to the 
     Secretary for a work permit to authorize such spouse to 
     engage in any lawful employment in the United States while 
     such alien maintains emergency agricultural worker status.
       (4) Grounds for denial of adjustment of status and 
     removal.--The Secretary shall deny an alien spouse or child 
     adjustment of status under paragraph (1) and shall remove 
     such spouse or child under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) if the spouse or child--
       (A) commits an act that makes the alien spouse or child 
     inadmissible to the United States under section 212 of such 
     Act (8 U.S.C. 1182), except as provided under section 8014;
       (B) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (C) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.
       (e) Adjustment of Status.--Nothing in this Act may be 
     construed to prevent an alien from seeking adjustment of 
     status in accordance with any other provision of law if the 
     alien is otherwise eligible for such adjustment of status.

     SEC. 8013. APPLICATIONS.

       (a) Submission.--Applications for emergency agricultural 
     worker status may be submitted to--
       (1) the Secretary, if the applicant is represented by an 
     attorney or a nonprofit religious, charitable, social 
     service, or similar organization recognized by the Board of 
     Immigration Appeals under section 292.2 of title 8, Code of 
     Federal Regulations; or
       (2) a qualified designated entity if the applicant consents 
     to the forwarding of the application to the Secretary.
       (b) Qualified Designated Entity Defined.--In this section, 
     the term ``qualified designated entity'' means--
       (1) a qualified farm labor organization or an association 
     of employers designated by the Secretary; or
       (2) any such other person designated by the Secretary if 
     the Secretary determines such person is qualified and has 
     substantial experience, demonstrated competence, and a 
     history of long-term involvement in the preparation and 
     submission of applications for adjustment of status under 
     section 209, 210, or 245 of the Immigration and Nationality 
     Act (8 U.S.C. 1159, 1160, and 1255), the Act entitled ``An 
     Act to adjust the status of Cuban refugees to that of lawful 
     permanent residents of the United States, and for other 
     purposes'', approved November 2, 1966 (Public Law 89-732; 8 
     U.S.C. 1255 note), Public Law 95-145 (8 U.S.C. 1255 note), or 
     the Immigration Reform and Control Act of 1986 (Public Law 
     99-603; 100 Stat. 3359) or any amendment made by that Act.
       (c) Proof of Eligibility.--
       (1) In general.--An alien may establish that the alien 
     meets the requirement of subsections (a)(1) and (e)(1) of 
     section 8011 through government employment records or records 
     supplied by employers or collective bargaining organizations, 
     and such other reliable documentation as the alien may 
     provide. The Secretary shall establish special procedures to 
     properly credit work in cases in which an alien was employed 
     under an assumed name.
       (2) Documentation of work history.--
       (A) Burden of proof.--An alien applying for emergency 
     agricultural worker status has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days required under section 
     8011(a)(1).
       (B) Timely production of records.--If an employer or farm 
     labor contractor employing such an alien has kept proper and 
     adequate records respecting such employment, the alien's 
     burden of proof under subparagraph (A) may be met by securing 
     timely production of those records under regulations to be 
     promulgated by the Secretary.
       (C) Sufficient evidence.--An alien may meet the burden of 
     proof under subparagraph (A) to establish that the alien has 
     performed the days or hours of work required under section 
     8011(a)(1) by producing sufficient evidence to show the 
     extent of that employment as a matter of just and reasonable 
     inference.
       (d) Applications Submitted to Qualified Designated 
     Entities.--
       (1) Requirements.--Each qualified designated entity shall 
     agree--
       (A) to forward to the Secretary an application submitted to 
     that entity pursuant to subsection (a)(2) if the applicant 
     has consented to such forwarding;
       (B) not to forward to the Secretary any such application if 
     the applicant has not consented to such forwarding; and
       (C) to assist an alien in obtaining documentation of the 
     alien's work history, if the alien requests such assistance.
       (2) No authority to make determinations.--No qualified 
     designated entity may make a determination required under 
     this title to be made by the Secretary.
       (e) Limitation on Access to Information.--Files and records 
     collected or compiled by a qualified designated entity for 
     the purposes of this section are confidential and the 
     Secretary shall not have access to such a file or record 
     relating to an alien without the consent of the alien, except 
     as allowed by a court order issued pursuant to subsection 
     (f).
       (f) Confidentiality of Information.--
       (1) In general.--Except as otherwise provided in this 
     section, the Secretary or any other official or employee of 
     the Department or a bureau or agency of the Department is 
     prohibited from--
       (A) using information furnished by the applicant pursuant 
     to an application filed under this title, the information 
     provided by an applicant to a qualified designated entity, or 
     any information provided by an employer or former employer 
     for any purpose other than to make a determination on the 
     application or for imposing the penalties described in 
     subsection (g);
       (B) making any publication in which the information 
     furnished by any particular individual can be identified; or
       (C) permitting a person other than a sworn officer or 
     employee of the Department or a bureau or agency of the 
     Department or, with respect to applications filed with a 
     qualified designated entity, that qualified designated 
     entity, to examine individual applications.
       (2) Required disclosures.--The Secretary shall provide the 
     information furnished under this title or any other 
     information derived from such furnished information to--
       (A) a duly recognized law enforcement entity in connection 
     with a criminal investigation or prosecution, if such 
     information is requested in writing by such entity; and
       (B) an official coroner, for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (3) Construction.--
       (A) In general.--Nothing in this subsection shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes, of 
     information contained in files or records of the Department 
     pertaining to an application filed under this section, other 
     than information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       (B) Criminal convictions.--Notwithstanding any other 
     provision of this subsection, information concerning whether 
     the alien applying for emergency agricultural worker status 
     has been convicted of a crime at any time may be used or 
     released for immigration enforcement or law enforcement 
     purposes.
       (4) Crime.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     subsection shall be subject to a fine in an amount not to 
     exceed $10,000.
       (g) Penalties for False Statements in Applications.--
       (1) Criminal penalty.--Any person who--
       (A) files an application for emergency agricultural worker 
     status and knowingly and willfully falsifies, conceals, or 
     covers up a material fact or makes any false, fictitious, or 
     fraudulent statements or representations, or makes or uses 
     any false writing or document knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry, or
       (B) creates or supplies a false writing or document for use 
     in making such an application,

     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       (2) Inadmissibility.--An alien who is convicted of a crime 
     under paragraph (1) shall be considered to be inadmissible to 
     the United States on the ground described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)).
       (h) Eligibility for Legal Services.--Section 504(a)(11) of 
     Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
     construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly related to an application 
     for emergency agricultural worker status.
       (i) Application Fees.--
       (1) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       (A) shall be charged for the filing of an application for 
     emergency agricultural worker status; and
       (B) may be charged by qualified designated entities to help 
     defray the costs of services provided to such applicants.
       (2) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under paragraph (1)(B) for services provided to applicants.
       (3) Disposition of fees.--
       (A) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the ``Agricultural Worker Immigration Status Adjustment 
     Account''. Notwithstanding any other provision of law, there 
     shall be deposited as offsetting receipts into the account 
     all fees collected under paragraph (1)(A).
       (B) Use of fees for application processing.--Amounts 
     deposited in the ``Agricultural Worker Immigration Status 
     Adjustment Account'' shall remain available to the Secretary 
     until expended for processing applications for emergency 
     agricultural worker status.

     SEC. 8014. WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN 
                   GROUNDS FOR INADMISSIBILITY.

       (a) Waiver of Certain Grounds of Inadmissibility.--In the 
     determination of an alien's eligibility for emergency 
     agricultural

[[Page S4688]]

     worker status, the following rules shall apply:
       (1) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (2) Waiver of other grounds.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary may waive any other provision of such section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to ensure family unity, or if otherwise in the 
     public interest.
       (B) Grounds that may not be waived.--Paragraphs (2)(A), 
     (2)(B), (2)(C), (2)(D), (2)(G), (2)(H), (2)(I), (3), and (4) 
     of such section 212(a) may not be waived by the Secretary 
     under subparagraph (A).
       (C) Construction.--Nothing in this paragraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this subparagraph to waive provisions of such 
     section 212(a).
       (3) Special rule for determination of public charge.--An 
     alien is not ineligible for emergency agricultural worker 
     status by reason of a ground of inadmissibility under section 
     212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(4)) if the alien demonstrates a history of employment 
     in the United States evidencing self-support without reliance 
     on public cash assistance.
       (b) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--Effective on the date of 
     the enactment of this Act, an alien who is apprehended before 
     the beginning of the application period described in section 
     8011(a)(2) and who can establish a nonfrivolous case of 
     eligibility for emergency agricultural worker status (but for 
     the fact that the alien may not apply for such status until 
     the beginning of such period)--
       (A) may not be removed until the alien has had the 
     opportunity during the first 30 days of the application 
     period to complete the filing of an application for such 
     status; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an employment authorized 
     endorsement or other appropriate work permit for such 
     purpose.
       (2) During application period.--An alien who presents a 
     nonfrivolous application for emergency agricultural worker 
     status during the application period described in section 
     8011(a)(2), including an alien who files such an application 
     not later than 30 days after the alien's apprehension--
       (A) may not be removed until a final determination on the 
     application has been made in accordance with this section; 
     and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an employment authorized 
     endorsement or other appropriate work permit for such 
     purpose.

     SEC. 8015. ADMINISTRATIVE AND JUDICIAL REVIEW.

       (a) In General.--There shall be no administrative or 
     judicial review of a determination respecting an application 
     for emergency agricultural worker status under this title.
       (b) Administrative Review.--
       (1) Single level of administrative appellate review.--The 
     Secretary shall establish an appellate authority to provide 
     for a single level of administrative appellate review of such 
     a determination.
       (2) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination on the 
     application and upon such additional or newly discovered 
     evidence as may not have been available at the time of the 
     determination.
       (c) Judicial Review.--
       (1) Limitation to review of removal.--There shall be 
     judicial review of such a determination only in the judicial 
     review of an order of removal under section 242 of the 
     Immigration and Nationality Act (8 U.S.C. 1252).
       (2) Standard for judicial review.--Such judicial review 
     shall be based solely upon the administrative record 
     established at the time of the review by the appellate 
     authority and the findings of fact and determinations 
     contained in such record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record considered as a whole.

     SEC. 8016. DISSEMINATION OF INFORMATION.

       Beginning not later than the first day of the application 
     period described in section 8011(a)(2), the Secretary, in 
     cooperation with qualified designated entities (as that term 
     is defined in section 8013(b)), shall broadly disseminate 
     information respecting the benefits that aliens may receive 
     under this title and the requirements that an alien is 
     required to meet to receive such benefits.

     SEC. 8017. RULEMAKING; EFFECTIVE DATE; AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Rulemaking.--The Secretary shall issue regulations to 
     implement this title not later than the first day of the 
     seventh month that begins after the date of the enactment of 
     this Act.
       (b) Effective Date.--Except as otherwise provided, this 
     title shall take effect on the date that regulations required 
     under subsection (a) are issued, regardless of whether such 
     regulations are issued on an interim basis or on any other 
     basis.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for fiscal years 2008 and 
     2009 such sums as may be necessary to implement this title.

     SEC. 8018. PRECLUSION OF SOCIAL SECURITY CREDITS FOR PERIODS 
                   WITHOUT WORK AUTHORIZATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by adding at the end the 
     following:
       ``(d)(1) Except as provided in paragraph (2), for purposes 
     of subsections (a) and (b), no quarter of coverage shall be 
     credited for any calendar year beginning on or after January 
     1, 2004, with respect to an individual granted emergency 
     agricultural worker status under section 8011 of the 
     Emergency Agriculture Relief Act of 2008, unless the 
     Commissioner of Social Security determines, on the basis of 
     information provided to the Commissioner in accordance with 
     an agreement under subsection (e) or otherwise, that the 
     individual was authorized to be employed in the United States 
     during such quarter.
       ``(2) Paragraph (1) shall not apply to an individual who 
     was assigned a social security account number before January 
     1, 2004.
       ``(e) Not later than 180 days after the date of the 
     enactment of this subsection, the Secretary of Homeland 
     Security shall enter into an agreement with the Commissioner 
     of Social Security to provide such information as the 
     Commissioner determines necessary to carry out the limitation 
     on crediting quarters of coverage under subsection (d).''.
       (b) Benefit Computation.--Section 215(e) of the Social 
     Security Act (42 U.S.C. 415(e)) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) in computing the average indexed monthly earnings of 
     an individual, wages or self-employment income shall not be 
     counted for any year for which no quarter of coverage may be 
     credited to such individual pursuant to section 214(d).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to benefit applications filed on or after the 
     date that is 180 days after the date of the enactment of this 
     Act based on the wages or self-employment income of an 
     individual with respect to whom a primary insurance amount 
     has not been determined under title II of the Social Security 
     Act (42 U.S.C. 401 et seq.) before such date.

     SEC. 8019. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(e)(1) of the Social Security 
     Act (42 U.S.C. 408(e)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted emergency agricultural worker status 
     under the Emergency Agriculture Relief Act of 2008,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred before the date on which 
     the alien was granted emergency agricultural worker 
     status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of the enactment of this Act.

                    Subtitle B--H-2A Worker Program

     SEC. 8021. REFORM OF H-2A WORKER PROGRAM.

       (a) In General.--Title II of the Immigration and 
     Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
     striking section 218 and inserting the following:

     ``SEC. 218. H-2A EMPLOYER APPLICATIONS.

       ``(a) Applications to the Secretary of Labor.--
       ``(1) In general.--No alien may be admitted to the United 
     States as an H-2A worker, or otherwise provided status as an 
     H-2A worker, unless the employer has filed with the Secretary 
     of Labor an application containing--
       ``(A) the assurances described in subsection (b);
       ``(B) a description of the nature and location of the work 
     to be performed;
       ``(C) the anticipated period (expected beginning and ending 
     dates) for which the workers will be needed; and
       ``(D) the number of job opportunities in which the employer 
     seeks to employ the workers.
       ``(2) Accompanied by job offer.--Each application filed 
     under paragraph (1) shall be accompanied by a copy of the job 
     offer describing the wages and other terms and conditions of 
     employment and the bona fide occupational qualifications that 
     shall be possessed by a worker to be employed in the job 
     opportunity in question.
       ``(b) Assurances for Inclusion in Applications.--The 
     assurances referred to in subsection (a)(1) are the 
     following:
       ``(1) Job opportunities covered by collective bargaining 
     agreements.--With respect to a job opportunity that is 
     covered under a collective bargaining agreement:
       ``(A) Union contract described.--The job opportunity is 
     covered by a union contract which was negotiated at arm's 
     length between a bona fide union and the employer.
       ``(B) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.

[[Page S4689]]

       ``(C) Notification of bargaining representatives.--The 
     employer, at the time of filing the application, has provided 
     notice of the filing under this paragraph to the bargaining 
     representative of the employer's employees in the 
     occupational classification at the place or places of 
     employment for which aliens are sought.
       ``(D) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(E) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or the nonimmigrants are, 
     sought and who will be available at the time and place of 
     need.
       ``(F) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of, and in the course 
     of, the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(2) Job opportunities not covered by collective 
     bargaining agreements.--With respect to a job opportunity 
     that is not covered under a collective bargaining agreement:
       ``(A) Strike or lockout.--The specific job opportunity for 
     which the employer has applied for an H-2A worker is not 
     vacant because the former occupant is on strike or being 
     locked out in the course of a labor dispute.
       ``(B) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(C) Benefit, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by section 218A to all workers employed 
     in the job opportunities for which the employer has applied 
     for an H-2A worker under subsection (a) and to all other 
     workers in the same occupation at the place of employment.
       ``(D) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment and for a period of 30 days preceding the period 
     of employment in the occupation at the place of employment 
     for which the employer has applied for an H-2A worker.
       ``(E) Requirements for placement of the nonimmigrant with 
     other employers.--The employer will not place the 
     nonimmigrant with another employer unless--
       ``(i) the nonimmigrant performs duties in whole or in part 
     at 1 or more worksites owned, operated, or controlled by such 
     other employer;
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       ``(iii) the employer has inquired of the other employer as 
     to whether, and has no actual knowledge or notice that, 
     during the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H-2A workers.
       ``(F) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     subparagraph (E) of an employer if the other employer 
     described in such subparagraph displaces a United States 
     worker as described in such subparagraph.
       ``(G) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of and in the course 
     of the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(H) Employment of united states workers.--
       ``(i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:

       ``(I) Contacting former workers.--The employer shall make 
     reasonable efforts through the sending of a letter by United 
     States Postal Service mail, or otherwise, to contact any 
     United States worker the employer employed during the 
     previous season in the occupation at the place of intended 
     employment for which the employer is applying for workers and 
     has made the availability of the employer's job opportunities 
     in the occupation at the place of intended employment known 
     to such previous workers, unless the worker was terminated 
     from employment by the employer for a lawful job-related 
     reason or abandoned the job before the worker completed the 
     period of employment of the job opportunity for which the 
     worker was hired.
       ``(II) Filing a job offer with the local office of the 
     state employment security agency.--Not later than 28 days 
     before the date on which the employer desires to employ an H-
     2A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall submit a copy of the job 
     offer described in subsection (a)(2) to the local office of 
     the State employment security agency which serves the area of 
     intended employment and authorize the posting of the job 
     opportunity on `America's Job Bank' or other electronic job 
     registry, except that nothing in this subclause shall require 
     the employer to file an interstate job order under section 
     653 of title 20, Code of Federal Regulations.
       ``(III) Advertising of job opportunities.--Not later than 
     14 days before the date on which the employer desires to 
     employ an H-2A worker in a temporary or seasonal agricultural 
     job opportunity, the employer shall advertise the 
     availability of the job opportunities for which the employer 
     is seeking workers in a publication in the local labor market 
     that is likely to be patronized by potential farm workers.
       ``(IV) Emergency procedures.--The Secretary of Labor shall, 
     by regulation, provide a procedure for acceptance and 
     approval of applications in which the employer has not 
     complied with the provisions of this subparagraph because the 
     employer's need for H-2A workers could not reasonably have 
     been foreseen.

       ``(ii) Job offers.--The employer has offered or will offer 
     the job to any eligible United States worker who applies and 
     is equally or better qualified for the job for which the 
     nonimmigrant is, or nonimmigrants are, sought and who will be 
     available at the time and place of need.
       ``(iii) Period of employment.--The employer will provide 
     employment to any qualified United States worker who applies 
     to the employer during the period beginning on the date on 
     which the H-2A worker departs for the employer's place of 
     employment and ending on the date on which 50 percent of the 
     period of employment for which the H-2A worker who is in the 
     job was hired has elapsed, subject to the following 
     requirements:

       ``(I) Prohibition.--No person or entity shall willfully and 
     knowingly withhold United States workers before the arrival 
     of H-2A workers in order to force the hiring of United States 
     workers under this clause.
       ``(II) Complaints.--Upon receipt of a complaint by an 
     employer that a violation of subclause (I) has occurred, the 
     Secretary of Labor shall immediately investigate. The 
     Secretary of Labor shall, within 36 hours of the receipt of 
     the complaint, issue findings concerning the alleged 
     violation. If the Secretary of Labor finds that a violation 
     has occurred, the Secretary of Labor shall immediately 
     suspend the application of this clause with respect to that 
     certification for that date of need.
       ``(III) Placement of united states workers.--Before 
     referring a United States worker to an employer during the 
     period described in the matter preceding subclause (I), the 
     Secretary of Labor shall make all reasonable efforts to place 
     the United States worker in an open job acceptable to the 
     worker, if there are other job offers pending with the job 
     service that offer similar job opportunities in the area of 
     intended employment.

       ``(iv) Statutory construction.--Nothing in this 
     subparagraph shall be construed to prohibit an employer from 
     using such legitimate selection criteria relevant to the type 
     of job that are normal or customary to the type of job 
     involved so long as such criteria are not applied in a 
     discriminatory manner.
       ``(c) Applications by Associations on Behalf of Employer 
     Members.--
       ``(1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218A, 218B, and 
     218C.
       ``(2) Treatment of associations acting as employers.--If an 
     association filing an application under paragraph (1) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under subsection (e)(2)(B) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       ``(d) Withdrawal of Applications.--
       ``(1) In general.--An employer may withdraw an application 
     filed pursuant to subsection (a), except that if the employer 
     is an agricultural association, the association may withdraw 
     an application filed pursuant to subsection (a) with respect 
     to 1 or more of its members. To withdraw an application, the 
     employer or association shall notify the Secretary of Labor 
     in writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application under subsection (a), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.
       ``(2) Limitation.--An application may not be withdrawn 
     while any alien provided status under section 
     101(a)(15)(H)(ii)(a) pursuant to such application is employed 
     by the employer.
       ``(3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H-2A 
     workers under an offer of terms and

[[Page S4690]]

     conditions of employment required as a result of making an 
     application under subsection (a) is unaffected by withdrawal 
     of such application.
       ``(e) Review and Approval of Applications.--
       ``(1) Responsibility of employers.--The employer shall make 
     available for public examination, within 1 working day after 
     the date on which an application under subsection (a) is 
     filed, at the employer's principal place of business or 
     worksite, a copy of each such application (and such 
     accompanying documents as are necessary).
       ``(2) Responsibility of the secretary of labor.--
       ``(A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     subsection (a). Such list shall include the wage rate, number 
     of workers sought, period of intended employment, and date of 
     need. The Secretary of Labor shall make such list available 
     for examination in the District of Columbia.
       ``(B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application.''

     ``SEC. 218A. H-2A WORKER EMPLOYMENT REQUIREMENTS.

       ``(a) Preferential Treatment of Aliens Prohibited.--
     Employers seeking to hire United States workers shall offer 
     the United States workers no less than the same benefits, 
     wages, and working conditions that the employer is offering, 
     intends to offer, or will provide to H-2A workers. 
     Conversely, no job offer may impose on United States workers 
     any restrictions or obligations which will not be imposed on 
     the employer's H-2A workers.
       ``(b) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers shall offer to provide housing at no 
     cost to all workers in job opportunities for which the 
     employer has applied under that section and to all other 
     workers in the same occupation at the place of employment, 
     whose place of residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--If it is the prevailing practice in 
     the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement set out in clause 
     (ii) is satisfied, the employer may provide a reasonable 
     housing allowance instead of offering housing under 
     subparagraph (A). Upon the request of a worker seeking 
     assistance in locating housing, the employer shall make a 
     good faith effort to assist the worker in identifying and 
     locating housing in the area of intended employment. An 
     employer who offers a housing allowance to a worker, or 
     assists a worker in locating housing which the worker 
     occupies, pursuant to this clause shall not be deemed a 
     housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) 
     solely by virtue of providing such housing allowance. No 
     housing allowance may be used for housing which is owned or 
     controlled by the employer.
       ``(ii) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers 
     and H-2A workers who are seeking temporary housing while 
     employed in agricultural work. Such certification shall 
     expire after 3 years unless renewed by the Governor of the 
     State.
       ``(iii) Amount of allowance.--

       ``(I) Nonmetropolitan counties.--If the place of employment 
     of the workers provided an allowance under this subparagraph 
     is a nonmetropolitan county, the amount of the housing 
     allowance under this subparagraph shall be equal to the 
     statewide average fair market rental for existing housing for 
     nonmetropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.
       ``(II) Metropolitan counties.--If the place of employment 
     of the workers provided an allowance under this paragraph is 
     in a metropolitan county, the amount of the housing allowance 
     under this subparagraph shall be equal to the statewide 
     average fair market rental for existing housing for 
     metropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.

       ``(2) Reimbursement of transportation.--
       ``(A) To place of employment.--A worker who completes 50 
     percent of the period of employment of the job opportunity 
     for which the worker was hired shall be reimbursed by the 
     employer for the cost of the worker's transportation and 
     subsistence from the place from which the worker came to work 
     for the employer (or place of last employment, if the worker 
     traveled from such place) to the place of employment.
       ``(B) From place of employment.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the place of employment 
     to the place from which the worker, disregarding intervening 
     employment, came to work for the employer, or to the place of 
     next employment, if the worker has contracted with a 
     subsequent employer who has not agreed to provide or pay for 
     the worker's transportation and subsistence to such 
     subsequent employer's place of employment.
       ``(C) Limitation.--
       ``(i) Amount of reimbursement.--Except as provided in 
     clause (ii), the amount of reimbursement provided under 
     subparagraph (A) or (B) to a worker or alien shall not exceed 
     the lesser of--

       ``(I) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       ``(II) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less, or the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and 
     worksite.--The employer shall provide transportation between 
     the worker's living quarters and the employer's worksite 
     without cost to the worker, and such transportation will be 
     in accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       ``(B) Limitation.--Effective on the date of the enactment 
     of the Emergency Agriculture

[[Page S4691]]

     Relief Act of 2008 and continuing for 3 years thereafter, no 
     adverse effect wage rate for a State may be more than the 
     adverse effect wage rate for that State in effect on January 
     1, 2008, as established by section 655.107 of title 20, Code 
     of Federal Regulations.
       ``(C) Required wages after 3-year freeze.--If Congress does 
     not set a new wage standard applicable to this section before 
     March 1, 2012, the adverse effect wage rate for each State 
     beginning on March 1, 2012 shall be the wage rate that would 
     have resulted under the methodology in effect on January 1, 
     2008.
       ``(D) Deductions.--The employer shall make only those 
     deductions from the worker's wages that are authorized by law 
     or are reasonable and customary in the occupation and area of 
     employment. The job offer shall specify all deductions not 
     required by law which the employer will make from the 
     worker's wages.
       ``(E) Frequency of pay.--The employer shall pay the worker 
     not less frequently than twice monthly, or in accordance with 
     the prevailing practice in the area of employment, whichever 
     is more frequent.
       ``(F) Hours and earnings statements.--The employer shall 
     furnish to the worker, on or before each payday, in 1 or more 
     written statements--
       ``(i) the worker's total earnings for the pay period;
       ``(ii) the worker's hourly rate of pay, piece rate of pay, 
     or both;
       ``(iii) the hours of employment which have been offered to 
     the worker (broken out by hours offered in accordance with 
     and over and above the \3/4\ guarantee described in paragraph 
     (4);
       ``(iv) the hours actually worked by the worker;
       ``(v) an itemization of the deductions made from the 
     worker's wages; and
       ``(vi) if piece rates of pay are used, the units produced 
     daily.
       ``(G) Report on wage protections.--Not later than December 
     31, 2010, the Comptroller General of the United States shall 
     prepare and transmit to the Secretary of Labor, the Committee 
     on the Judiciary of the Senate, and Committee on the 
     Judiciary of the House of Representatives, a report that 
     addresses--
       ``(i) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(ii) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(iii) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(H) Commission on wage standards.--
       ``(i) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program (in 
     this subparagraph referred to as the `Commission').
       ``(ii) Composition.--The Commission shall consist of 10 
     members as follows:

       ``(I) Four representatives of agricultural employers and 1 
     representative of the Department of Agriculture, each 
     appointed by the Secretary of Agriculture.
       ``(II) Four representatives of agricultural workers and 1 
     representative of the Department of Labor, each appointed by 
     the Secretary of Labor.

       ``(iii) Functions.--The Commission shall conduct a study 
     that shall address--

       ``(I) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(II) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(III) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(IV) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       ``(V) recommendations for future wage protection under this 
     section.

       ``(iv) Final report.--Not later than December 31, 2010, the 
     Commission shall submit a report to the Congress setting 
     forth the findings of the study conducted under clause (iii).
       ``(v) Termination date.--The Commission shall terminate 
     upon submitting its final report.
       ``(4) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least \3/4\ of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. For 
     purposes of this subparagraph, the hourly equivalent means 
     the number of hours in the work days as stated in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays. If the employer affords the United States or H-2A 
     worker less employment than that required under this 
     paragraph, the employer shall pay such worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(C) Abandonment of employment, termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the `\3/4\ guarantee' described in 
     subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster, including a flood, hurricane, freeze, earthquake, 
     fire, drought, plant or animal disease or pest infestation, 
     or regulatory drought, before the guarantee in subparagraph 
     (A) is fulfilled, the employer may terminate the worker's 
     employment. In the event of such termination, the employer 
     shall fulfill the employment guarantee in subparagraph (A) 
     for the work days that have elapsed from the first work day 
     after the arrival of the worker to the termination of 
     employment. In such cases, the employer will make efforts to 
     transfer the United States worker to other comparable 
     employment acceptable to the worker. If such transfer is not 
     effected, the employer shall provide the return 
     transportation required in paragraph (2)(D).
       ``(5) Motor vehicle safety.--
       ``(A) Mode of transportation subject to coverage.--
       ``(i) In general.--Except as provided in clauses (iii) and 
     (iv), this subsection applies to any H-2A employer that uses 
     or causes to be used any vehicle to transport an H-2A worker 
     within the United States.
       ``(ii) Defined term.--In this paragraph, the term `uses or 
     causes to be used'--

       ``(I) applies only to transportation provided by an H-2A 
     employer to an H-2A worker, or by a farm labor contractor to 
     an H-2A worker at the request or direction of an H-2A 
     employer; and
       ``(II) does not apply to--

       ``(aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       ``(bb) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       ``(iii) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an arrangement of, or participation in, 
     such transportation.
       ``(iv) Agricultural machinery and equipment excluded.--This 
     subsection does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental thereto.
       ``(v) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.
       ``(B) Applicability of standards, licensing, and insurance 
     requirements.--
       ``(i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

       ``(I) ensure that each such vehicle conforms to the 
     standards prescribed by the Secretary of Labor under section 
     401(b) of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1841(b)) and other applicable 
     Federal and State safety standards;
       ``(II) ensure that each driver has a valid and appropriate 
     license, as provided by State law, to operate the vehicle; 
     and

[[Page S4692]]

       ``(III) have an insurance policy or a liability bond that 
     is in effect which insures the employer against liability for 
     damage to persons or property arising from the ownership, 
     operation, or causing to be operated, of any vehicle used to 
     transport any H-2A worker.

       ``(ii) Amount of insurance required.--The level of 
     insurance required shall be determined by the Secretary of 
     Labor pursuant to regulations to be issued under this 
     subsection.
       ``(iii) Effect of workers' compensation coverage.--If the 
     employer of any H-2A worker provides workers' compensation 
     coverage for such worker in the case of bodily injury or 
     death as provided by State law, the following adjustments in 
     the requirements of subparagraph (B)(i)(III) relating to 
     having an insurance policy or liability bond apply:

       ``(I) No insurance policy or liability bond shall be 
     required of the employer, if such workers are transported 
     only under circumstances for which there is coverage under 
     such State law.
       ``(II) An insurance policy or liability bond shall be 
     required of the employer for circumstances under which 
     coverage for the transportation of such workers is not 
     provided under such State law.

       ``(c) Compliance With Labor Laws.--An employer shall assure 
     that, except as otherwise provided in this section, the 
     employer will comply with all applicable Federal, State, and 
     local labor laws, including laws affecting migrant and 
     seasonal agricultural workers, with respect to all United 
     States workers and alien workers employed by the employer, 
     except that a violation of this assurance shall not 
     constitute a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
       ``(d) Copy of Job Offer.--The employer shall provide to the 
     worker, not later than the day the work commences, a copy of 
     the employer's application and job offer described in section 
     218(a), or, if the employer will require the worker to enter 
     into a separate employment contract covering the employment 
     in question, such separate employment contract.
       ``(e) Range Production of Livestock.--Nothing in this 
     section, section 218, or section 218B shall preclude the 
     Secretary of Labor and the Secretary from continuing to apply 
     special procedures and requirements to the admission and 
     employment of aliens in occupations involving the range 
     production of livestock.

     ``SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF 
                   H-2A WORKERS.

       ``(a) Petitioning for Admission.--An employer, or an 
     association acting as an agent or joint employer for its 
     members, that seeks the admission into the United States of 
     an H-2A worker may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7 working days shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate (as the case may 
     be) where the petitioner has indicated that the alien 
     beneficiary (or beneficiaries) will apply for a visa or 
     admission to the United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218, and section 218A, 
     and the alien is not ineligible under paragraph (2).
       ``(2) Disqualification.--An alien shall be considered 
     inadmissible to the United States and ineligible for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
     alien has, at any time during the past 5 years--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       ``(3) Waiver of ineligibility for unlawful presence.--
       ``(A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). If an alien described in the 
     preceding sentence is present in the United States, the alien 
     may apply from abroad for H-2A status, but may not be granted 
     that status in the United States.
       ``(B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       ``(d) Period of Admission.--
       ``(1) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to section 218(e)(2)(B), not to 
     exceed 10 months, supplemented by a period of not more than 1 
     week before the beginning of the period of employment for the 
     purpose of travel to the worksite and a period of 14 days 
     following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       ``(A) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       ``(2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       ``(e) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer, or association 
     acting as agent for the employer, shall notify the Secretary 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       ``(3) Removal by the secretary.--The Secretary shall 
     promptly remove from the United States any H-2A worker who 
     violates any term or condition of the worker's nonimmigrant 
     status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(f) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall promptly issue a visa to, and the Secretary shall 
     admit into the United States, an eligible alien designated by 
     the employer to replace an H-2A worker--
       ``(A) who abandons or prematurely terminates employment; or
       ``(B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       ``(2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this Act.
       ``(g) Identification Document.--
       ``(1) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     the alien's identity.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.
       ``(B) The document shall be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(C) The document shall--
       ``(i) be compatible with other databases of the Secretary 
     for the purpose of excluding aliens from benefits for which 
     they are not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(h) Extension of Stay of H-2A Aliens in the United 
     States.--
       ``(1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       ``(A) for a period of more than 10 months; or
       ``(B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       ``(3) Work authorization upon filing a petition for 
     extension of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition under paragraph (1) on the date on which the 
     petition is filed.
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `file' means sending the petition by certified mail via 
     the United

[[Page S4693]]

     States Postal Service, return receipt requested, or delivered 
     by guaranteed commercial delivery which will provide the 
     employer with a documented acknowledgment of the date of 
     receipt of the petition.
       ``(C) Handling of petition.--The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(D) Approval of petition.--Upon approval of a petition 
     for an extension of stay or change in the alien's authorized 
     employment, the Secretary shall provide a new or updated 
     employment eligibility document to the alien indicating the 
     new validity date, after which the alien is not required to 
     retain a copy of the petition.
       ``(4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       ``(5) Limitation on an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(B) Requirement to remain outside the united states.--
       ``(i) In general.--Subject to clause (ii), in the case of 
     an alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       ``(ii) Exception.--Clause (i) shall not apply in the case 
     of an alien if the alien's period of authorized status as an 
     H-2A worker (including any extensions) was for a period of 
     not more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       ``(i) Special Rules for Aliens Employed as Sheepherders, 
     Goat Herders, Dairy Workers, or Horse Workers.--
     Notwithstanding any provision of the Emergency Agriculture 
     Relief Act of 2008, an alien admitted under section 
     101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat 
     herder, dairy worker, or horse worker--
       ``(1) may be admitted for an initial period of 12 months;
       ``(2) subject to subsection (j)(5), may have such initial 
     period of admission extended for a period of up to 3 years; 
     and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(5) (relating to periods of absence from the 
     United States).
       ``(j) Adjustment to Lawful Permanent Resident Status for 
     Aliens Employed as Sheepherders, Goat Herders, Dairy Workers, 
     or Horse Workers.--
       ``(1) Eligible alien.--For purposes of this subsection, the 
     term `eligible alien' means an alien--
       ``(A) having nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) based on employment as a sheepherder, 
     goat herder, dairy worker, or horse worker;
       ``(B) who has maintained such nonimmigrant status in the 
     United States for a cumulative total of 36 months (excluding 
     any period of absence from the United States); and
       ``(C) who is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       ``(2) Classification petition.--In the case of an eligible 
     alien, the petition under section 204 for classification 
     under section 203(b)(3)(A)(iii) may be filed by--
       ``(A) the alien's employer on behalf of the eligible alien; 
     or
       ``(B) the eligible alien.
       ``(3) No labor certification required.--Notwithstanding 
     section 203(b)(3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     described in paragraph (1)(C) for an eligible alien.
       ``(4) Effect of petition.--The filing of a petition 
     described in paragraph (2) or an application for adjustment 
     of status based on the approval of such a petition shall not 
     constitute evidence of an alien's ineligibility for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a).
       ``(5) Extension of stay.--The Secretary shall extend the 
     stay of an eligible alien having a pending or approved 
     classification petition described in paragraph (2) in 1-year 
     increments until a final determination is made on the alien's 
     eligibility for adjustment of status to that of an alien 
     lawfully admitted for permanent residence.
       ``(6) Construction.--Nothing in this subsection shall be 
     construed to prevent an eligible alien from seeking 
     adjustment of status in accordance with any other provision 
     of law.

     ``SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS 
                   ENFORCEMENT.

       ``(a) Enforcement Authority.--
       ``(1) Investigation of complaints.--
       ``(A) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in section 
     218(b), or an employer's misrepresentation of material facts 
     in an application under section 218(a). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this subparagraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       ``(B) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, within 30 days after the 
     date such a complaint is filed, for a determination as to 
     whether or not a reasonable basis exists to make a finding 
     described in subparagraph (C), (D), (E), or (G). If the 
     Secretary of Labor determines that such a reasonable basis 
     exists, the Secretary of Labor shall provide for notice of 
     such determination to the interested parties and an 
     opportunity for a hearing on the complaint, in accordance 
     with section 556 of title 5, United States Code, within 60 
     days after the date of the determination. If such a hearing 
     is requested, the Secretary of Labor shall make a finding 
     concerning the matter not later than 60 days after the date 
     of the hearing. In the case of similar complaints respecting 
     the same applicant, the Secretary of Labor may consolidate 
     the hearings under this subparagraph on such complaints.
       ``(C) Failures to meet conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), 
     a substantial failure to meet a condition of paragraph 
     (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 
     218(b), or a material misrepresentation of fact in an 
     application under section 218(a)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $1,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.
       ``(D) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of section 
     218(b), a willful misrepresentation of a material fact in an 
     application under section 218(a), or a violation of 
     subsection (d)(1)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $5,000 per violation) as the 
     Secretary of Labor determines to be appropriate;
       ``(ii) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of subsection 
     (d)(1); and
       ``(iii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.
       ``(E) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of section 
     218(b) or a willful misrepresentation of a material fact in 
     an application under section 218(a), in the course of which 
     failure or misrepresentation the employer displaced a United 
     States worker employed by the employer during the period of 
     employment on the employer's application under section 218(a) 
     or during the period of 30 days preceding such period of 
     employment--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $15,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 3 years.
       ``(F) Limitations on civil money penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to an application under section 218(a) in excess of 
     $90,000.
       ``(G) Failures to pay wages or required benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment, required under 
     section 218A(b), the Secretary of Labor shall assess payment 
     of back wages, or other required benefits, due any United 
     States worker or H-2A worker employed by the employer in the 
     specific employment in question. The back wages or other 
     required benefits under section 218A(b) shall be equal to the 
     difference between the amount that should

[[Page S4694]]

     have been paid and the amount that actually was paid to such 
     worker.
       ``(2) Statutory construction.--Nothing in this section 
     shall be construed as limiting the authority of the Secretary 
     of Labor to conduct any compliance investigation under any 
     other labor law, including any law affecting migrant and 
     seasonal agricultural workers, or, in the absence of a 
     complaint under this section, under section 218 or 218A.
       ``(b) Rights Enforceable by Private Right of Action.--H-2A 
     workers may enforce the following rights through the private 
     right of action provided in subsection (c), and no other 
     right of action shall exist under Federal or State law to 
     enforce such rights:
       ``(1) The providing of housing or a housing allowance as 
     required under section 218A(b)(1).
       ``(2) The reimbursement of transportation as required under 
     section 218A(b)(2).
       ``(3) The payment of wages required under section 
     218A(b)(3) when due.
       ``(4) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     section 218(a)(2), not including the assurance to comply with 
     other Federal, State, and local labor laws described in 
     section 218A(c), compliance with which shall be governed by 
     the provisions of such laws.
       ``(5) The guarantee of employment required under section 
     218A(b)(4).
       ``(6) The motor vehicle safety requirements under section 
     218A(b)(5).
       ``(7) The prohibition of discrimination under subsection 
     (d)(2).
       ``(c) Private Right of Action.--
       ``(1) Mediation.--Upon the filing of a complaint by an H-2A 
     worker aggrieved by a violation of rights enforceable under 
     subsection (b), and within 60 days of the filing of proof of 
     service of the complaint, a party to the action may file a 
     request with the Federal Mediation and Conciliation Service 
     to assist the parties in reaching a satisfactory resolution 
     of all issues involving all parties to the dispute. Upon a 
     filing of such request and giving of notice to the parties, 
     the parties shall attempt mediation within the period 
     specified in subparagraph (B).
       ``(A) Mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under subsection (b) between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       ``(B) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other nonbinding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       ``(C) Authorization.--
       ``(i) In general.--Subject to clause (ii), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this section.
       ``(ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to this authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt.
       ``(2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction over the parties, 
     without regard to the amount in controversy, without regard 
     to the citizenship of the parties, and without regard to the 
     exhaustion of any alternative administrative remedies under 
     this Act, not later than 3 years after the date the violation 
     occurs.
       ``(3) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under paragraph (2) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under subsection (a)(1) is withdrawn 
     before the filing of such action, in which case the rights 
     and remedies available under this subsection shall be 
     exclusive.
       ``(4) Preemption of state contract rights.--Nothing in this 
     Act shall be construed to diminish the rights and remedies of 
     an H-2A worker under any other Federal or State law or 
     regulation or under any collective bargaining agreement, 
     except that no court or administrative action shall be 
     available under any State contract law to enforce the rights 
     created by this Act.
       ``(5) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this Act 
     shall be void as contrary to public policy, except that a 
     waiver or modification of the rights or obligations in favor 
     of the Secretary of Labor shall be valid for purposes of the 
     enforcement of this Act. The preceding sentence may not be 
     construed to prohibit agreements to settle private disputes 
     or litigation.
       ``(6) Award of damages or other equitable relief.--
       ``(A) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     subsection (b), it shall award actual damages, if any, or 
     equitable relief.
       ``(B) Any civil action brought under this section shall be 
     subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       ``(7) Workers' compensation benefits; exclusive remedy.--
       ``(A) Notwithstanding any other provision of this section, 
     where a State's workers' compensation law is applicable and 
     coverage is provided for an H-2A worker, the workers' 
     compensation benefits shall be the exclusive remedy for the 
     loss of such worker under this section in the case of bodily 
     injury or death in accordance with such State's workers' 
     compensation law.
       ``(B) The exclusive remedy prescribed in subparagraph (A) 
     precludes the recovery under paragraph (6) of actual damages 
     for loss from an injury or death but does not preclude other 
     equitable relief, except that such relief shall not include 
     back or front pay or in any manner, directly or indirectly, 
     expand or otherwise alter or affect--
       ``(i) a recovery under a State workers' compensation law; 
     or
       ``(ii) rights conferred under a State workers' compensation 
     law.
       ``(8) Tolling of statute of limitations.--If it is 
     determined under a State workers' compensation law that the 
     workers' compensation law is not applicable to a claim for 
     bodily injury or death of an H-2A worker, the statute of 
     limitations for bringing an action for actual damages for 
     such injury or death under subsection (c) shall be tolled for 
     the period during which the claim for such injury or death 
     under such State workers' compensation law was pending. The 
     statute of limitations for an action for actual damages or 
     other equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       ``(9) Preclusive effect.--Any settlement by an H-2A worker 
     and an H-2A employer or any person reached through the 
     mediation process required under subsection (c)(1) shall 
     preclude any right of action arising out of the same facts 
     between the parties in any Federal or State court or 
     administrative proceeding, unless specifically provided 
     otherwise in the settlement agreement.
       ``(10) Settlements.--Any settlement by the Secretary of 
     Labor with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     subsection (a)(1)(B) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       ``(d) Discrimination Prohibited.--
       ``(1) In general.--It is a violation of this subsection for 
     any person who has filed an application under section 218(a), 
     to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in any other manner discriminate against an 
     employee (which term, for purposes of this subsection, 
     includes a former employee and an applicant for employment) 
     because the employee has disclosed information to the 
     employer, or to any other person, that the employee 
     reasonably believes evidences a violation of section 218 or 
     218A or any rule or regulation pertaining to section 218 or 
     218A, or because the employee cooperates or seeks to 
     cooperate in an investigation or other proceeding concerning 
     the employer's compliance with the requirements of section 
     218 or 218A or any rule or regulation pertaining to either of 
     such sections.
       ``(2) Discrimination against h-2a workers.--It is a 
     violation of this subsection for any person who has filed an 
     application under section 218(a), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under subsection (b) or instituted, or caused to 
     be instituted, a private right of action under subsection (c) 
     regarding the denial of the rights enumerated under 
     subsection (b), or has testified or is about to testify in 
     any court proceeding brought under subsection (c).
       ``(e) Authorization To Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of subsection (d) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       ``(f) Role of Associations.--
       ``(1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of sections 218 and 218A, as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation shall apply only to that member of 
     the association unless the Secretary of Labor determines that 
     the association or other member participated in, had 
     knowledge, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.

[[Page S4695]]

       ``(2) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.

     ``SEC. 218D. DEFINITIONS.

       ``For purposes of this section and section 218, 218A, 218B, 
     and 218C:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 or the performance of agricultural labor or services 
     described in section 101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--The term `displace', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(6) H-2A employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       ``(7) H-2A worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary or seasonal full-time employment at 
     a place in the United States to which United States workers 
     can be referred.
       ``(9) Laying off.--
       ``(A) In general.--The term `laying off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility (as described in 
     section 218A(b)(4)(D)), or temporary suspension of employment 
     due to weather, markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(10) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under section 218 by an entity not under the control of the 
     employer making such filing which restricts the employer's 
     access to water for irrigation purposes and reduces or limits 
     the employer's ability to produce an agricultural commodity, 
     thereby reducing the need for labor.
       ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
     if--
       ``(A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       ``(B) from its nature, it may not be continuous or carried 
     on throughout the year.
       ``(12) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(13) Temporary.--A worker is employed on a `temporary' 
     basis where the employment is intended not to exceed 10 
     months.
       ``(14) United states worker.--The term `United States 
     worker' means any worker, whether a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     or any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).''.
       (b) Table of Contents.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 218 and 
     inserting the following:

``Sec. 218. H-2A employer applications.
``Sec. 218A. H-2A worker employment requirements.
``Sec. 218B. Procedure for admission and extension of stay of H-2A 
              workers.
``Sec. 218C. Worker protections and labor standards enforcement.
``Sec. 218D. Definitions.''.
       (c) Sunset.--The amendments made by this section shall be 
     effective during the 5-year period beginning on the date that 
     is 1 year after the date of the enactment of this Act. Any 
     immigration benefit provided pursuant to such amendments 
     shall expire at the end of such 5-year period.

                  Subtitle C--Miscellaneous Provisions

     SEC. 8031. DETERMINATION AND USE OF USER FEES.

       (a) Schedule of Fees.--The Secretary shall establish and 
     periodically adjust a schedule of fees for the employment of 
     aliens pursuant to the amendment made by section 8021(a) and 
     a collection process for such fees from employers. Such fees 
     shall be the only fees chargeable to employers for services 
     provided under such amendment.
       (b) Determination of Schedule.--
       (1) In general.--The schedule under subsection (a) shall 
     reflect a fee rate based on the number of job opportunities 
     indicated in the employer's application under section 218 of 
     the Immigration and Nationality Act, as amended by section 
     8021, and sufficient to provide for the direct costs of 
     providing services related to an employer's authorization to 
     employ aliens pursuant to the amendment made by section 
     8021(a), to include the certification of eligible employers, 
     the issuance of documentation, and the admission of eligible 
     aliens.
       (2) Procedure.--
       (A) In general.--In establishing and adjusting such a 
     schedule, the Secretary shall comply with Federal cost 
     accounting and fee setting standards.
       (B) Publication and comment.--The Secretary shall publish 
     in the Federal Register an initial fee schedule and 
     associated collection process and the cost data or estimates 
     upon which such fee schedule is based, and any subsequent 
     amendments thereto, pursuant to which public comment shall be 
     sought and a final rule issued.
       (c) Use of Proceeds.--Notwithstanding any other provision 
     of law, all proceeds resulting from the payment of the fees 
     pursuant to the amendment made by section 8021(a) shall be 
     available without further appropriation and shall remain 
     available without fiscal year limitation to reimburse the 
     Secretary, the Secretary of State, and the Secretary of Labor 
     for the costs of carrying out sections 218 and 218B of the 
     Immigration and Nationality Act, as amended and added, 
     respectively, by section 8021, and the provisions of this 
     title.

     SEC. 8032. RULEMAKING.

       (a) Requirement for the Secretary To Consult.--The 
     Secretary shall consult with the Secretary of Labor and the 
     Secretary of Agriculture during the promulgation of all 
     regulations to implement the duties of the Secretary under 
     this title and the amendments made by this title.
       (b) Requirement for the Secretary of State To Consult.--The 
     Secretary of State shall consult with the Secretary, the 
     Secretary of Labor, and the Secretary of Agriculture on all 
     regulations to implement the duties of the Secretary of State 
     under this title and the amendments made by this title.
       (c) Requirement for the Secretary of Labor To Consult.--The 
     Secretary of Labor shall consult with the Secretary of 
     Agriculture and the Secretary on all regulations to implement 
     the duties of the Secretary of Labor under this title and the 
     amendments made by this title.
       (d) Deadline for Issuance of Regulations.--All regulations 
     to implement the duties of the Secretary, the Secretary of 
     State, and the Secretary of Labor created under sections 218, 
     218A, 218B, 218C, and 218D of the Immigration and Nationality 
     Act, as amended or added by section 8021, shall take effect 
     on the effective date of section 8021 and shall be issued not 
     later than 1 year after the date of enactment of this Act.

     SEC. 8033. REPORTS TO CONGRESS.

       (a) Annual Report.--Not later than September 30 of each 
     year, the Secretary shall submit a report to Congress that 
     identifies, for the previous year--
       (1) the number of job opportunities approved for employment 
     of aliens admitted under section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)), and the number of workers actually 
     admitted, disaggregated by State and by occupation;
       (2) the number of such aliens reported to have abandoned 
     employment pursuant to subsection 218B(e)(2) of such Act;
       (3) the number of such aliens who departed the United 
     States within the period specified in subsection 218B(d) of 
     such Act;
       (4) the number of aliens who applied for adjustment of 
     status pursuant to section 8011(a); and
       (5) the number of such aliens whose status was adjusted 
     under section 8011(a).
       (b) Implementation Report.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     prepare and submit to Congress a report that describes the 
     measures being taken and the progress made in implementing 
     this title.

                                TITLE IX

                    TELEWORK ENHANCEMENT ACT OF 2008

     SECTION 9001. SHORT TITLE.

       This Act may be cited as the ``Telework Enhancement Act of 
     2008''.

[[Page S4696]]

     SEC. 9002. DEFINITIONS.

       In this Act:
       (1) Employee.--The term ``employee'' has the meaning given 
     that term by section 2105 of title 5, United States Code.
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given that term by section 105 of title 5, United 
     States Code.
       (3) Noncompliant.--The term ``noncompliant'' means not 
     conforming to the requirements under this Act.
       (4) Telework.--The term ``telework'' means a work 
     arrangement in which an employee regularly performs 
     officially assigned duties at home or other worksites 
     geographically convenient to the residence of the employee 
     during at least 20 percent of each pay period that the 
     employee is performing officially assigned duties.

     SEC. 9003. EXECUTIVE AGENCIES TELEWORK REQUIREMENT.

       (a) Telework Eligibility.--Not later than 180 days after 
     the date of enactment of this Act, the head of each executive 
     agency shall--
       (1) establish a policy under which eligible employees of 
     the agency may be authorized to telework;
       (2) determine the eligibility for all employees of the 
     agency to participate in telework; and
       (3) notify all employees of the agency of their eligibility 
     to telework.
       (b) Participation.--The policy described under subsection 
     (a) shall--
       (1) ensure that telework does not diminish employee 
     performance or agency operations;
       (2) require a written agreement between an agency manager 
     and an employee authorized to telework in order for that 
     employee to participate in telework;
       (3) provide that an employee may not be authorized to 
     telework if the performance of that employee does not comply 
     with the terms of the written agreement between the agency 
     manager and that employee;
       (4) except in emergency situations as determined by an 
     agency head, not apply to any employee of the agency whose 
     official duties require daily physical presence for activity 
     with equipment or handling of secure materials; and
       (5) determine the use of telework as part of the continuity 
     of operations plans the agency in the event of an emergency.

     SEC. 9004. TRAINING AND MONITORING.

       The head of each executive agency shall ensure that--
       (1) an interactive telework training program is provided 
     to--
       (A) employees eligible to participate in the telework 
     program of the agency; and
       (B) all managers of teleworkers;
       (2) no distinction is made between teleworkers and 
     nonteleworkers for the purposes of performance appraisals; 
     and
       (3) when determining what constitutes diminished employee 
     performance, the agency shall consult the established 
     performance management guidelines of the Office of Personnel 
     Management.

     SEC. 9005. POLICY AND SUPPORT.

       (a) Agency Consultation With the Office of Personnel 
     Management.--Each executive agency shall consult with the 
     Office of Personnel Management in developing telework 
     policies.
       (b) Guidance and Consultation.--The Office of Personnel 
     Management shall--
       (1) provide policy and policy guidance for telework in the 
     areas of pay and leave, agency closure, performance 
     management, official worksite, recruitment and retention, and 
     accommodations for employees with disabilities; and
       (2) consult with--
       (A) the Federal Emergency Management Agency on policy and 
     policy guidance for telework in the areas of continuation of 
     operations and long-term emergencies; and
       (B) the General Services Administration on policy and 
     policy guidance for telework in the areas of telework 
     centers, travel, technology, and equipment.
       (c) Continuity of Operations Plans.--During any period that 
     an agency is operating under a continuity of operations plan, 
     that plan shall supersede any telework policy.
       (d) Telework Website.--The Office of Personnel Management 
     shall--
       (1) maintain a central telework website; and
       (2) include on that website related--
       (A) telework links;
       (B) announcements;
       (C) guidance developed by the Office of Personnel 
     Management; and
       (D) guidance submitted by the Federal Emergency Management 
     Agency, and the General Services Administration to the Office 
     of Personnel Management not later than 10 business days after 
     the date of submission.

     SEC. 9006. TELEWORK MANAGING OFFICER.

       (a) In General.--
       (1) Appointment.--The head of each executive agency shall 
     appoint an employee of the agency as the Telework Managing 
     Officer. The Telework Managing Officer shall be established 
     within the Office of the Chief Human Capital Officer or a 
     comparable office with similar functions.
       (2) Telework coordinators.--
       (A) Appropriations act, 2004.--Section 627 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2004 (Public Law 
     108-199; 118 Stat. 99) is amended by striking ``designate a 
     `Telework Coordinator' to be'' and inserting ``appoint a 
     Telework Managing Officer to be''.
       (B) Appropriations act, 2005.--Section 622 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2005 (Public Law 
     108-447; 118 Stat. 2919) is amended by striking ``designate a 
     `Telework Coordinator' to be'' and inserting ``appoint a 
     Telework Managing Officer to be''.
       (b) Duties.--The Telework Managing Officer shall--
       (1) be devoted to policy development and implementation 
     related to agency telework programs;
       (2) serve as--
       (A) an advisor for agency leadership, including the Chief 
     Human Capital Officer;
       (B) a resource for managers and employees; and
       (C) a primary agency point of contact for the Office of 
     Personnel Management on telework matters; and
       (3) perform other duties as the applicable appointing 
     authority may assign.

     SEC. 9007. ANNUAL REPORT TO CONGRESS.

       (a) Submission of Reports.--Not later than 18 months after 
     the date of enactment of this Act and on an annual basis 
     thereafter, the Director of the Office of Personnel 
     Management shall--
       (1) submit a report addressing the telework programs of 
     each executive agency to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Oversight and Government Reform of the 
     House of Representatives; and
       (2) transmit a copy of the report to the Comptroller 
     General and the Office of Management and Budget.
       (b) Contents.--Each report submitted under this section 
     shall include--
       (1) the telework policy, the measures in place to carry out 
     the policy, and an analysis of employee telework 
     participation during the preceding 12-month period provided 
     by each executive agency;
       (2) an assessment of the progress of each agency in 
     maximizing telework opportunities for employees of that 
     agency without diminishing employee performance or agency 
     operations;
       (3) the definition of telework and telework policies and 
     any modifications to such definitions;
       (4) the degree of participation by employees of each agency 
     in teleworking during the period covered by the evaluation, 
     including--
       (A) the number and percent of the employees in the agency 
     who are eligible to telework;
       (B) the number and percent of employees who engage in 
     telework;
       (C) the number and percent of eligible employees in each 
     agency who have declined the opportunity to telework; and
       (D) the number of employees who were not authorized, 
     willing, or able to telework and the reason;
       (5) the extent to which barriers to maximize telework 
     opportunities have been identified and eliminated; and
       (6) best practices in agency telework programs.

     SEC. 9008. COMPLIANCE OF EXECUTIVE AGENCIES.

       (a) Executive Agencies.--An executive agency shall be in 
     compliance with this Act if each employee of that agency 
     participating in telework regularly performs officially 
     assigned duties at home or other worksites geographically 
     convenient to the residence of the employee during at least 
     20 percent of each pay period that the employee is performing 
     officially assigned duties.
       (b) Agency Manager Reports.--Not later than 180 days after 
     the establishment of a policy described under section 9003, 
     and annually thereafter, each agency manager shall submit a 
     report to the Chief Human Capital Officer and Telework 
     Managing Officer of that agency that contains a summary of--
       (1) efforts to promote telework opportunities for employees 
     supervised by that manager; and
       (2) any obstacles which hinder the ability of that manager 
     to promote telework opportunities.
       (c) Chief Human Capital Officer Reports.--
       (1) In general.--Each year the Chief Human Capital Officer 
     of each agency, in consultation with the Telework Managing 
     Officer of that agency, shall submit a report to the Chair 
     and Vice Chair of the Chief Human Capital Offices Council on 
     agency management efforts to promote telework.
       (2) Review and inclusion of relevant information.--The 
     Chair and Vice Chair of the Chief Human Capital Offices 
     Council shall--
       (A) review the reports submitted under paragraph (1);
       (B) include relevant information from the submitted reports 
     in the annual report to Congress required under section 
     9007(b)(2); and
       (C) use that relevant information for other purposes 
     related to the strategic management of human capital.
       (d) Compliance Reports.--Not later than 90 days after the 
     date of submission of each report under section 9007, the 
     Office of Management and Budget shall submit a report to 
     Congress that--
       (1) identifies and recommends corrective actions and time 
     frames for each executive agency that the Office of 
     Management and Budget determines is noncompliant; and
       (2) describes progress of noncompliant executive agencies, 
     justifications of any continuing noncompliance, and any 
     recommendations for corrective actions planned

[[Page S4697]]

     by the Office of Management and Budget or the executive 
     agency to eliminate noncompliance.

     SEC. 9009. EXTENSION OF TRAVEL EXPENSES TEST PROGRAMS.

       (a) In General.--Section 5710 of title 5, United States 
     Code, is amended--
       (1) in subsection (a)(1), by striking ``for a period not to 
     exceed 24 months''; and
       (2) in subsection (e), by striking ``7 years'' and 
     inserting ``16 years''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as though enacted as part of the Travel and 
     Transportation Reform Act of 1998 (Public Law 105-264; 112 
     Stat. 2350).

                                TITLE X

                      GENERAL PROVISIONS--THIS ACT


                         availability of funds

       Sec. 10001. 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. 10002. 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. 10003. 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.


            extension of eb-5 regional center pilot program

       Sec. 10004. Section 610(b) of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by 
     striking ``for 15 years'' and inserting ``for 20 years''.


              Interim Relief for Skilled Immigrant Workers

       Sec. 10005. (a) Recapture of Unused Employment-Based Visa 
     Numbers.--Subsection (d) of section 106 of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``1994, 1996, 1997, 1998,'' after 
     ``available in fiscal year'';
       (B) by striking ``or 2004'' and inserting ``2004, or 
     2006''; and
       (C) by striking ``shall be available'' and all that follows 
     through the end and inserting ``shall be available only to--
       ``(A) an employment-based immigrant under paragraph (1), 
     (2), (3)(A)(i), or (3)(A)(ii) of section 203(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)), except 
     for employment-based immigrants whose petitions are or have 
     been approved based on Schedule A, Group I as defined in 
     section 656.5 of title 20, Code of Federal Regulations; or
       ``(B) a spouse or child accompanying or following to join 
     such an employment-based immigrant under section 203(d) of 
     such Act (8 U.S.C. 1153(d)).'';
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``years 1999 through 
     2004'' and inserting ``year 1994 and each subsequent fiscal 
     year''; and
       (B) in subparagraph (B)--
       (i) in clause (i), by striking ``(i)''; and
       (ii) by striking clause (ii); and
       (3) by adding at the end the following new paragraph:
       ``(4) Employment-based visa recapture fee.--A fee shall be 
     paid in connection with any petition seeking an employment-
     based immigrant visa number recaptured under paragraph (1), 
     known as the Employment-Based Visa Recapture Fee, in the 
     amount of $1500. Such Fee may not be charged for a dependent 
     accompanying or following to join such employment-based 
     immigrant.''.
       (b) Disposition of Fees.--
       (1) Immigration examination fee account.--The fees 
     described in paragraph (2) shall be treated as adjudication 
     fees and deposited as offsetting receipts into the 
     Immigration Examinations Fee Account in the Treasury of the 
     United States under section 286(m) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(m)).
       (2) Fees described.--The fees described in this paragraph 
     are the following:
       (A) Any Employment-Based Visa Recapture Fee collected 
     pursuant to paragraph (4) of section 106(d) of the American 
     Competitiveness in the Twenty-first Century Act of 2000, as 
     added by subsection (a)(3).
       (B) Any Supplemental Adjustment of Status Application Fee 
     collected pursuant to paragraph (3) of subsection (n) of 
     section 245 of the Immigration and Nationality Act, as added 
     by subsection (c)(1).
       (c) Retaining Green Card Applicants Working in the United 
     States.--
       (1) In general.--Section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) is amended by adding at the 
     end the following:
       ``(n) Adjustment of Status for Employment-Based 
     Immigrants.--
       ``(1) Eligibility.--The Secretary of Homeland Security 
     shall provide for the filing of an adjustment application by 
     an alien (and any eligible dependents of such alien) who has 
     an approved or pending petition under subparagraph (E) or (F) 
     of section 204(a)(1), regardless of whether an immigrant visa 
     is immediately available at the time the application is 
     filed.
       ``(2) Visa availability.--An application filed pursuant to 
     paragraph (1) shall not be approved until an immigrant visa 
     becomes available.
       ``(3) Fees.--If an application is filed pursuant to 
     paragraph (1) at a time at which a visa is not immediately 
     available, a fee, known as the Supplemental Adjustment of 
     Status Application Fee, in the amount of $1500 shall be paid 
     on behalf of the beneficiary of such petition. Such Fee may 
     not be charged for a dependent accompanying or following to 
     join such beneficiary.''.
       (2) Report.--Not later than 4 years after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to Congress a report on the implementation of 
     subsection (n) of section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255), as added by paragraph (1).
       (3) Repeal.--Unless a law is enacted that repeals this 
     paragraph, the amendments made by paragraph (1) shall be 
     repealed on the date that is 5 years after the date of the 
     enactment of this Act.
       Sec. 10006. Nursing Shortage Relief. (a) Increasing Visa 
     Numbers.--Section 106 of the American Competitiveness in the 
     Twenty-first Century Act of 2000 (Public Law 106-313; 8 
     U.S.C. 1153 note) is amended by adding at the end the 
     following:
       ``(e) Visa Shortage Relief for Nurses and Physical 
     Therapists.--
       ``(1) In general.--Subject to paragraph (2), for petitions 
     filed during the period beginning on the date of the 
     enactment of the Emergency Nursing Supply Relief Act and 
     ending on September 30, 2011, for employment-based immigrants 
     (and their family members accompanying or following to join 
     under section 203(d) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(d)), which are or have been approved based on 
     Schedule A, Group I as defined in section 656.5 of title 20, 
     Code of Federal Regulations, as promulgated by the Secretary 
     of Labor, the numerical limitations set forth in sections 
     201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 1152(a)) 
     shall not apply.
       ``(2) Limitation on number of visas.--The Secretary of 
     State may not issue more than 20,000 immigrant visa numbers 
     in any one fiscal year (plus any available visa numbers under 
     this paragraph not used during the preceding fiscal year) to 
     principal beneficiaries of petitions pursuant to paragraph 
     (1).
       ``(3) Expedited review.--The Secretary of Homeland Security 
     shall provide a process for reviewing and acting upon 
     petitions with respect to immigrants described in paragraph 
     (1) not later than 30 days after the date on which a 
     completed petition has been filed.
       ``(f) Fee for Use of Visas Under Subsection (a).--
       ``(1) In general.--The Secretary of Homeland Security shall 
     impose a fee upon each petitioning employer who uses a visa 
     provided under subsection (e) to provide employment for an 
     alien as a professional nurse, except that--
       ``(A) such fee shall be in the amount of $1,500 for each 
     such alien nurse (but not for dependents accompanying or 
     following to join who are not professional nurses); and
       ``(B) no fee shall be imposed for the use of such visas if 
     the employer demonstrates to the Secretary that--
       ``(i) the employer is a health care facility that is 
     located in a county or parish that received individual and 
     public assistance pursuant to Major Disaster Declaration 
     number 1603 or 1607; or
       ``(ii) the employer is a health care facility that has been 
     designated as a Health Professional Shortage Area facility by 
     the Secretary of Health and Human Services as defined in 
     section 332 of the Public Health Service Act (42 U.S.C. 
     254e).
       ``(2) Fee collection.--A fee imposed by the Secretary of 
     Homeland Security pursuant to paragraph (1) shall be 
     collected by the Secretary as a condition of approval of an 
     application for adjustment of status by the beneficiary of a 
     petition or by the Secretary of State as a condition of 
     issuance of a visa to such beneficiary.''.
       (b) Capitation Grants To Increase the Number of Nursing 
     Faculty and Students; Domestic Nursing Enhancement Account.--
     Part D of title VIII of the Public Health Service Act (42 
     U.S.C. 296p et seq.) is amended by adding at the end the 
     following:

     ``SEC. 832. CAPITATION GRANTS.

       ``(a) In General.--For the purpose described in subsection 
     (b), the Secretary, acting through the Health Resources and 
     Services Administration, shall award a grant each fiscal year 
     in an amount determined in accordance with subsection (c) to 
     each eligible school of nursing that submits an application 
     in accordance with this section.
       ``(b) Purpose.--A funding agreement for a grant under this 
     section is that the eligible school of nursing involved will 
     expend the grant to increase the number of nursing faculty 
     and students at the school, including by hiring new faculty, 
     retaining current faculty, purchasing educational equipment 
     and audiovisual laboratories, enhancing clinical 
     laboratories, repairing and expanding infrastructure, or 
     recruiting students.
       ``(c) Grant Computation.--
       ``(1) Amount per student.--Subject to paragraph (2), the 
     amount of a grant to an eligible school of nursing under this 
     section for a fiscal year shall be the total of the 
     following:

[[Page S4698]]

       ``(A) $1,800 for each full-time or part-time student who is 
     enrolled at the school in a graduate program in nursing 
     that--
       ``(i) leads to a master's degree, a doctoral degree, or an 
     equivalent degree; and
       ``(ii) prepares individuals to serve as faculty through 
     additional course work in education and ensuring competency 
     in an advanced practice area.
       ``(B) $1,405 for each full-time or part-time student who--
       ``(i) is enrolled at the school in a program in nursing 
     leading to a bachelor of science degree, a bachelor of 
     nursing degree, a graduate degree in nursing if such program 
     does not meet the requirements of subparagraph (A), or an 
     equivalent degree; and
       ``(ii) has not more than 3 years of academic credits 
     remaining in the program.
       ``(C) $966 for each full-time or part-time student who is 
     enrolled at the school in a program in nursing leading to an 
     associate degree in nursing or an equivalent degree.
       ``(2) Limitation.--In calculating the amount of a grant to 
     a school under paragraph (1), the Secretary may not make a 
     payment with respect to a particular student--
       ``(A) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a master's degree or an 
     equivalent degree;
       ``(B) for more than 4 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a doctoral degree or an 
     equivalent degree;
       ``(C) for more than 3 fiscal years in the case of a student 
     described in paragraph (1)(B); or
       ``(D) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(C).
       ``(d) Eligibility.--In this section, the term `eligible 
     school of nursing' means a school of nursing that--
       ``(1) is accredited by a nursing accrediting agency 
     recognized by the Secretary of Education;
       ``(2) has a passage rate on the National Council Licensure 
     Examination for Registered Nurses of not less than 80 percent 
     for each of the 3 academic years preceding submission of the 
     grant application; and
       ``(3) has a graduation rate (based on the number of 
     students in a class who graduate relative to, for a 
     baccalaureate program, the number of students who were 
     enrolled in the class at the beginning of junior year or, for 
     an associate degree program, the number of students who were 
     enrolled in the class at the end of the first year) of not 
     less than 80 percent for each of the 3 academic years 
     preceding submission of the grant application.
       ``(e) Requirements.--The Secretary may award a grant under 
     this section to an eligible school of nursing only if the 
     school gives assurances satisfactory to the Secretary that, 
     for each academic year for which the grant is awarded, the 
     school will comply with the following:
       ``(1) The school will maintain a passage rate on the 
     National Council Licensure Examination for Registered Nurses 
     of not less than 80 percent.
       ``(2) The school will maintain a graduation rate (as 
     described in subsection (d)(3)) of not less than 80 percent.
       ``(3)(A) Subject to subparagraphs (B) and (C), the first-
     year enrollment of full-time nursing students in the school 
     will exceed such enrollment for the preceding academic year 
     by 5 percent or 5 students, whichever is greater.
       ``(B) Subparagraph (A) shall not apply to the first 
     academic year for which a school receives a grant under this 
     section.
       ``(C) With respect to any academic year, the Secretary may 
     waive application of subparagraph (A) if--
       ``(i) the physical facilities at the school involved limit 
     the school from enrolling additional students; or
       ``(ii) the school has increased enrollment in the school 
     (as described in subparagraph (A)) for each of the 2 
     preceding academic years.
       ``(4) Not later than 1 year after receiving a grant under 
     this section, the school will formulate and implement a plan 
     to accomplish at least 2 of the following:
       ``(A) Establishing or significantly expanding an 
     accelerated baccalaureate degree nursing program designed to 
     graduate new nurses in 12 to 18 months.
       ``(B) Establishing cooperative intradisciplinary education 
     among schools of nursing with a view toward shared use of 
     technological resources, including information technology.
       ``(C) Establishing cooperative interdisciplinary training 
     between schools of nursing and schools of allied health, 
     medicine, dentistry, osteopathy, optometry, podiatry, 
     pharmacy, public health, or veterinary medicine, including 
     training for the use of the interdisciplinary team approach 
     to the delivery of health services.
       ``(D) Integrating core competencies on evidence-based 
     practice, quality improvements, and patient-centered care.
       ``(E) Increasing admissions, enrollment, and retention of 
     qualified individuals who are financially disadvantaged.
       ``(F) Increasing enrollment of minority and diverse student 
     populations.
       ``(G) Increasing enrollment of new graduate baccalaureate 
     nursing students in graduate programs that educate nurse 
     faculty members.
       ``(H) Developing post-baccalaureate residency programs to 
     prepare nurses for practice in specialty areas where nursing 
     shortages are most severe.
       ``(I) Increasing integration of geriatric content into the 
     core curriculum.
       ``(J) Partnering with economically disadvantaged 
     communities to provide nursing education.
       ``(K) Expanding the ability of nurse managed health centers 
     to provide clinical education training sites to nursing 
     students.
       ``(5) The school will submit an annual report to the 
     Secretary that includes updated information on the school 
     with respect to student enrollment, student retention, 
     graduation rates, passage rates on the National Council 
     Licensure Examination for Registered Nurses, the number of 
     graduates employed as nursing faculty or nursing care 
     providers within 12 months of graduation, and the number of 
     students who are accepted into graduate programs for further 
     nursing education.
       ``(6) The school will allow the Secretary to make on-site 
     inspections, and will comply with the Secretary's requests 
     for information, to determine the extent to which the school 
     is complying with the requirements of this section.
       ``(f) Reports to Congress.--The Secretary shall evaluate 
     the results of grants under this section and submit to 
     Congress--
       ``(1) not later than 18 months after the date of the 
     enactment of this section, an interim report on such results; 
     and
       ``(2) not later than September 30, 2010, a final report on 
     such results.
       ``(g) Application.--An eligible school of nursing seeking a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require.
       ``(h) Authorization of Appropriations.--In addition to the 
     amounts in the Domestic Nursing Enhancement Account, 
     established under section 833, there are authorized to be 
     appropriated such sums as may be necessary to carry out this 
     section.

     ``SEC. 833. DOMESTIC NURSING ENHANCEMENT ACCOUNT.

       ``(a) Establishment.--There is established in the general 
     fund of the Treasury a separate account which shall be known 
     as the `Domestic Nursing Enhancement Account.' 
     Notwithstanding any other provision of law, there shall be 
     deposited as offsetting receipts into the account all fees 
     collected under section 106(f) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note). Nothing in this 
     subsection shall prohibit the depositing of other moneys into 
     the account established under this section.
       ``(b) Use of Funds.--Amounts collected under section 106(f) 
     of the American Competitiveness in the Twenty-first Century 
     Act of 2000, and deposited into the account established under 
     subsection (a) shall be used by the Secretary of Health and 
     Human Services to carry out section 832. Such amounts shall 
     be available for obligation only to the extent, and in the 
     amount, provided in advance in appropriations Acts. Such 
     amounts are authorized to remain available until expended.''.
       (c) Global Health Care Cooperation.--
       (1) In general.--Title III of the Immigration and 
     Nationality Act (8 U.S.C. 1401 et seq.) is amended by 
     inserting after section 317 the following:

     ``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH 
                   CARE IN DEVELOPING COUNTRIES.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary of Homeland Security shall allow an 
     eligible alien and the spouse or child of such alien to 
     reside in a candidate country during the period that the 
     eligible alien is working as a physician or other health care 
     worker in a candidate country. During such period the 
     eligible alien and such spouse or child shall be considered--
       ``(1) to be physically present and residing in the United 
     States for purposes of naturalization under section 316(a); 
     and
       ``(2) to meet the continuous residency requirements under 
     section 316(b).
       ``(b) Definitions.--In this section:
       ``(1) Candidate country.--The term `candidate country' 
     means a country that the Secretary of State determines to 
     be--
       ``(A) eligible for assistance from the International 
     Development Association, in which the per capita income of 
     the country is equal to or less than the historical ceiling 
     of the International Development Association for the 
     applicable fiscal year, as defined by the International Bank 
     for Reconstruction and Development;
       ``(B) classified as a lower middle income country in the 
     then most recent edition of the World Development Report for 
     Reconstruction and Development published by the International 
     Bank for Reconstruction and Development and having an income 
     greater than the historical ceiling for International 
     Development Association eligibility for the applicable fiscal 
     year; or
       ``(C) qualified to be a candidate country due to special 
     circumstances, including natural disasters or public health 
     emergencies.
       ``(2) Eligible alien.--The term `eligible alien' means an 
     alien who--
       ``(A) has been lawfully admitted to the United States for 
     permanent residence; and
       ``(B) is a physician or other healthcare worker.
       ``(c) Consultation.--The Secretary of Homeland Security 
     shall consult with the Secretary of State in carrying out 
     this section.

[[Page S4699]]

       ``(d) Publication.--The Secretary of State shall publish--
       ``(1) not later than 180 days after the date of the 
     enactment of this section, a list of candidate countries;
       ``(2) an updated version of the list required by paragraph 
     (1) not less often than once each year; and
       ``(3) an amendment to the list required by paragraph (1) at 
     the time any country qualifies as a candidate country due to 
     special circumstances under subsection (b)(1)(C).''.
       (2) Rulemaking.--
       (A) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall promulgate regulations to carry out the amendments made 
     by this subsection.
       (B) Content.--The regulations promulgated pursuant to 
     paragraph (1) shall--
       (i) permit an eligible alien (as defined in section 317A of 
     the Immigration and Nationality Act, as added by paragraph 
     (1)) and the spouse or child of the eligible alien to reside 
     in a foreign country to work as a physician or other 
     healthcare worker as described in subsection (a) of such 
     section 317A for not less than a 12-month period and not more 
     than a 24-month period, and shall permit the Secretary to 
     extend such period for an additional period not to exceed 12 
     months, if the Secretary determines that such country has a 
     continuing need for such a physician or other healthcare 
     worker;
       (ii) provide for the issuance of documents by the Secretary 
     to such eligible alien, and such spouse or child, if 
     appropriate, to demonstrate that such eligible alien, and 
     such spouse or child, if appropriate, is authorized to reside 
     in such country under such section 317A; and
       (iii) provide for an expedited process through which the 
     Secretary shall review applications for such an eligible 
     alien to reside in a foreign country pursuant to subsection 
     (a) of such section 317A if the Secretary of State determines 
     a country is a candidate country pursuant to subsection 
     (b)(1)(C) of such section 317A.
       (3) Technical and conforming amendments.--
       (A) Definition.--Section 101(a)(13)(C)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) 
     is amended by adding at the end the following: ``except in 
     the case of an eligible alien, or the spouse or child of such 
     alien, who is authorized to be absent from the United States 
     under section 317A,''.
       (B) Documentary requirements.--Section 211(b) of such Act 
     (8 U.S.C. 1181(b)) is amended by inserting ``, including an 
     eligible alien authorized to reside in a foreign country 
     under section 317A and the spouse or child of such eligible 
     alien, if appropriate,'' after ``1101(a)(27)(A),''.
       (C) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) of such 
     Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting 
     ``other than an eligible alien authorized to reside in a 
     foreign country under section 317A and the spouse or child of 
     such eligible alien, if appropriate,'' after ``Act,''.
       (D) Clerical amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     317 the following:

``Sec. 317A. Temporary absence of aliens providing health care in 
              developing countries.''.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to U.S. Citizenship and Immigration 
     Services such sums as may be necessary to carry out this 
     subsection and the amendments made by this subsection.
       (d) Attestation by Health Care Workers.--
       (1) Attestation requirement.--Section 212(a)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is 
     amended by adding at the end the following:
       ``(E) Health care workers with other obligations.--
       ``(i) In general.--An alien who seeks to enter the United 
     States for the purpose of performing labor as a physician or 
     other health care worker is inadmissible unless the alien 
     submits to the Secretary of Homeland Security or the 
     Secretary of State, as appropriate, an attestation that the 
     alien is not seeking to enter the United States for such 
     purpose during any period in which the alien has an 
     outstanding obligation to the government of the alien's 
     country of origin or the alien's country of residence.
       ``(ii) Obligation defined.--In this subparagraph, the term 
     `obligation' means an obligation incurred as part of a valid, 
     voluntary individual agreement in which the alien received 
     financial assistance to defray the costs of education or 
     training to qualify as a physician or other health care 
     worker in consideration for a commitment to work as a 
     physician or other health care worker in the alien's country 
     of origin or the alien's country of residence.
       ``(iii) Waiver.--The Secretary of Homeland Security may 
     waive a finding of inadmissibility under clause (i) if the 
     Secretary determines that--

       ``(I) the obligation was incurred by coercion or other 
     improper means;
       ``(II) the alien and the government of the country to which 
     the alien has an outstanding obligation have reached a valid, 
     voluntary agreement, pursuant to which the alien's obligation 
     has been deemed satisfied, or the alien has shown to the 
     satisfaction of the Secretary that the alien has been unable 
     to reach such an agreement because of coercion or other 
     improper means; or
       ``(III) the obligation should not be enforced due to other 
     extraordinary circumstances, including undue hardship that 
     would be suffered by the alien in the absence of a waiver.''.

       (2) Effective date; application.--
       (A) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.
       (B) Application by the secretary.--Not later than the 
     effective date described in subparagraph (A), the Secretary 
     of Homeland Security shall begin to carry out subparagraph 
     (E) of section 212(a)(5) of the Immigration and Nationality 
     Act, as added by paragraph (1), including the requirement for 
     the attestation and the granting of a waiver described in 
     clause (iii) of such subparagraph (E), regardless of whether 
     regulations to implement such subparagraph have been 
     promulgated.
       Sec. 10007. Nurse Training And Retention Demonstration 
     Grants. (a) Findings.--Congress makes the following findings:
       (1) America's healthcare system depends on an adequate 
     supply of trained nurses to deliver quality patient care.
       (2) Over the next 15 years, this shortage is expected to 
     grow significantly. The Health Resources and Services 
     Administration has projected that by 2020, there will be a 
     shortage of nurses in every State and that overall only 64 
     percent of the demand for nurses will be satisfied, with a 
     shortage of 1,016,900 nurses nationally.
       (3) To avert such a shortage, today's network of healthcare 
     workers should have access to education and support from 
     their employers to participate in educational and training 
     opportunities.
       (4) With the appropriate education and support, incumbent 
     healthcare workers and incumbent bedside nurses are untapped 
     sources which can meet these needs and address the nursing 
     shortage and provide quality care as the American population 
     ages.
       (b) Purposes of Grant Program.--It is the purpose of this 
     section to authorize grants to--
       (1) address the projected shortage of nurses by funding 
     comprehensive programs to create a career ladder to nursing 
     (including Certified Nurse Assistants, Licensed Practical 
     Nurses, Licensed Vocational Nurses, and Registered Nurses) 
     for incumbent ancillary healthcare workers;
       (2) increase the capacity for educating nurses by 
     increasing both nurse faculty and clinical opportunities 
     through collaborative programs between staff nurse 
     organizations, healthcare providers, and accredited schools 
     of nursing; and
       (3) provide training programs through education and 
     training organizations jointly administered by healthcare 
     providers and healthcare labor organizations or other 
     organizations representing staff nurses and frontline 
     healthcare workers, working in collaboration with accredited 
     schools of nursing and academic institutions.
       (c) Grants.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Labor (referred to in 
     this section as the ``Secretary'') shall establish a 
     partnership grant program to award grants to eligible 
     entities to carry out comprehensive programs to provide 
     education to nurses and create a pipeline to nursing for 
     incumbent ancillary healthcare workers who wish to advance 
     their careers, and to otherwise carry out the purposes of 
     this section.
       (d) Eligible Entities.--To be eligible to receive a grant 
     under this section an entity shall--
       (1) be--
       (A) a healthcare entity that is jointly administered by a 
     healthcare employer and a labor union representing the 
     healthcare employees of the employer and that carries out 
     activities using labor management training funds as provided 
     for under section 302 of the Labor-Management Relations Act, 
     1947 (18 U.S.C. 186(c)(6));
       (B) an entity that operates a training program that is 
     jointly administered by--
       (i) one or more healthcare providers or facilities, or a 
     trade association of healthcare providers; and
       (ii) one or more organizations which represent the 
     interests of direct care healthcare workers or staff nurses 
     and in which the direct care healthcare workers or staff 
     nurses have direct input as to the leadership of the 
     organization; or
       (C) a State training partnership program that consists of 
     non-profit organizations that include equal participation 
     from industry, including public or private employers, and 
     labor organizations including joint labor-management training 
     programs, and which may include representatives from local 
     governments, worker investment agency one-stop career 
     centers, community based organizations, community colleges, 
     and accredited schools of nursing; and
       (2) submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (e) Additional Requirements for Healthcare Employer 
     Described in Subsection (d).--To be eligible for a grant 
     under this section, a healthcare employer described in 
     subsection (d) shall demonstrate--
       (1) an established program within their facility to 
     encourage the retention of existing nurses;
       (2) it provides wages and benefits to its nurses that are 
     competitive for its market or that have been collectively 
     bargained with a labor organization; and

[[Page S4700]]

       (3) support for programs funded under this section through 
     1 or more of the following:
       (A) The provision of paid leave time and continued health 
     coverage to incumbent healthcare workers to allow their 
     participation in nursing career ladder programs, including 
     Certified Nurse Assistants, Licensed Practical Nurses, 
     Licensed Vocational Nurses, and Registered Nurses.
       (B) Contributions to a joint labor-management or other 
     jointly administered training fund which administers the 
     program involved.
       (C) The provision of paid release time, incentive 
     compensation, or continued health coverage to staff nurses 
     who desire to work full- or part-time in a faculty position.
       (D) The provision of paid release time for staff nurses to 
     enable them to obtain a bachelor of science in nursing 
     degree, other advanced nursing degrees, specialty training, 
     or certification program.
       (E) The payment of tuition assistance to incumbent 
     healthcare workers.
       (f) Other Requirements.--
       (1) Matching requirement.--
       (A) In general.--The Secretary may not make a grant under 
     this section unless the applicant involved agrees, with 
     respect to the costs to be incurred by the applicant in 
     carrying out the program under the grant, to make available 
     non-Federal contributions (in cash or in kind under 
     subparagraph (B)) toward such costs in an amount equal to not 
     less than $1 for each $1 of Federal funds provided in the 
     grant. Such contributions may be made directly or through 
     donations from public or private entities, or may be provided 
     through the cash equivalent of paid release time provided to 
     incumbent worker students.
       (B) Determination of amount of non-federal contribution.--
     Non-Federal contributions required in subparagraph (A) may be 
     in cash or in kind (including paid release time), fairly 
     evaluated, including equipment or services (and excluding 
     indirect or overhead costs).
       (C) Supplement, not supplant.--Funds made available under 
     this section shall supplement, and not supplant, resources 
     dedicated by an entity, or other Federal, State, or local 
     funds available to carry out activities described in this 
     section.
       (2) Required collaboration.--Entities carrying out or 
     overseeing programs carried out with assistance provided 
     under this section shall demonstrate collaboration with 
     accredited schools of nursing which may include community 
     colleges and other academic institutions providing associate, 
     bachelor's, or advanced nursing degree programs or specialty 
     training or certification programs.
       (g) Activities.--Amounts awarded to an entity under a grant 
     under this section shall be used for the following:
       (1) To carry out programs that provide education and 
     training to establish nursing career ladders to educate 
     incumbent healthcare workers to become nurses (including 
     Certified Nurse Assistants, Licensed Practical Nurses, 
     Licensed Vocational Nurses, and Registered Nurses). Such 
     programs shall include one or more of the following:
       (A) Preparing incumbent workers to return to the classroom 
     through English as a second language education, GED 
     education, precollege counseling, college preparation 
     classes, and support with entry level college classes that 
     are a prerequisite to nursing.
       (B) Providing tuition assistance with preference for 
     dedicated cohort classes in community colleges, universities, 
     accredited schools of nursing with supportive services 
     including tutoring and counseling.
       (C) Providing assistance in preparing for and meeting all 
     nursing licensure tests and requirements.
       (D) Carrying out orientation and mentorship programs that 
     assist newly graduated nurses in adjusting to working at the 
     bedside to ensure their retention post graduation, and 
     ongoing programs to support nurse retention.
       (E) Providing stipends for release time and continued 
     healthcare coverage to enable incumbent healthcare workers to 
     participate in these programs.
       (2) To carry out programs that assist nurses in obtaining 
     advanced degrees and completing specialty training or 
     certification programs and to establish incentives for nurses 
     to assume nurse faculty positions on a part-time or full-time 
     basis. Such programs shall include one or more of the 
     following:
       (A) Increasing the pool of nurses with advanced degrees who 
     are interested in teaching by funding programs that enable 
     incumbent nurses to return to school.
       (B) Establishing incentives for advanced degree bedside 
     nurses who wish to teach in nursing programs so they can 
     obtain a leave from their bedside position to assume a full- 
     or part-time position as adjunct or full time faculty without 
     the loss of salary or benefits.
       (C) Collaboration with accredited schools of nursing which 
     may include community colleges and other academic 
     institutions providing associate, bachelor's, or advanced 
     nursing degree programs, or specialty training or 
     certification programs, for nurses to carry out innovative 
     nursing programs which meet the needs of bedside nursing and 
     healthcare providers.
       (h) Preference.--In awarding grants under this section the 
     Secretary shall give preference to programs that--
       (1) provide for improving nurse retention;
       (2) provide for improving the diversity of the new nurse 
     graduates to reflect changes in the demographics of the 
     patient population;
       (3) provide for improving the quality of nursing education 
     to improve patient care and safety;
       (4) have demonstrated success in upgrading incumbent 
     healthcare workers to become nurses or which have established 
     effective programs or pilots to increase nurse faculty; or
       (5) are modeled after or affiliated with such programs 
     described in paragraph (4).
       (i) Evaluation.--
       (1) Program evaluations.--An entity that receives a grant 
     under this section shall annually evaluate, and submit to the 
     Secretary a report on, the activities carried out under the 
     grant and the outcomes of such activities. Such outcomes may 
     include--
       (A) an increased number of incumbent workers entering an 
     accredited school of nursing and in the pipeline for nursing 
     programs;
       (B) an increasing number of graduating nurses and improved 
     nurse graduation and licensure rates;
       (C) improved nurse retention;
       (D) an increase in the number of staff nurses at the 
     healthcare facility involved;
       (E) an increase in the number of nurses with advanced 
     degrees in nursing;
       (F) an increase in the number of nurse faculty;
       (G) improved measures of patient quality as determined by 
     the Secretary; and
       (H) an increase in the diversity of new nurse graduates 
     relative to the patient population.
       (2) General report.--Not later than September 30, 2011, the 
     Secretary of Labor shall, using data and information from the 
     reports received under paragraph (1), submit to Congress a 
     report concerning the overall effectiveness of the grant 
     program carried out under this section.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section for fiscal years 
     2010, 2011, and 2012, such sums as may be necessary. Funds 
     appropriated under this subsection shall remain available 
     until expended without fiscal year limitation.


                         EXPLANATORY STATEMENT

       Sec. 10008. 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 1 day after enactment.


                              short title

       Sec. 10009. This Act may be cited as the ``Supplemental 
     Appropriations Act, 2008''.

                          ____________________