[Congressional Record Volume 154, Number 102 (Thursday, June 19, 2008)]
[House]
[Pages H5622-H5705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPPLEMENTAL APPROPRIATIONS ACT, 2008
Mr. OBEY. Mr. Speaker, pursuant to House Resolution 1284, I call up
from the Speaker's table 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, with the Senate amendments to the House amendments to the
Senate amendment thereto, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendments to the House amendments to the Senate amendment.
The text of the Senate amendments to the House amendments to the
Senate amendment is as follows:
Senate amendments to House amendments to Senate amendment:
In lieu of the language proposed to be inserted, insert the
following:
TITLE IX
DEFENSE MATTERS
CHAPTER 1
DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$12,216,715,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$894,185,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $1,826,688,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,355,544,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$304,200,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$72,800,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $16,720,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $5,000,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $1,369,747,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $4,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $17,223,512,000.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance,
Navy'', $2,977,864,000: Provided, That up to $112,607,000
shall be transferred to the Coast Guard ``Operating
Expenses'' account.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $159,900,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $5,972,520,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $3,657,562,000, of which--
(1) not to exceed $25,000,000 may be used for the Combatant
Commander Initiative Fund, to be used in support of Operation
Iraqi Freedom and Operation Enduring Freedom;
(2) not to exceed $800,000,000, to remain available until
expended, may be used for payments to reimburse key
cooperating nations, for logistical, military, and other
support provided to United States military operations,
notwithstanding any other provision of law: Provided, That
these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized
equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Iraq and
Afghanistan: Provided further, That such payments may be made
in such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State, and in consultation
with the Director of the Office of Management and Budget, may
determine, in his discretion, based on documentation
determined by the Secretary of Defense to adequately account
for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
in this paragraph: Provided further, That of the amount
available under this heading for the Defense Contract
Management Agency, $52,000,000 shall remain available until
September 30, 2009.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $164,839,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $109,876,000.
[[Page H5623]]
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $70,256,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $165,994,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $685,644,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $287,369,000.
Iraq Freedom Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Iraq Freedom Fund'',
$50,000,000, to remain available for transfer until September
30, 2009, notwithstanding any other provision of law, only
for the redevelopment of the Iraqi industrial sector by
identifying, and providing assistance to, factories and other
industrial facilities that are best situated to resume
operations quickly and reemploy the Iraqi workforce:
Provided, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the
details of any such transfer.
Afghanistan Security Forces Fund
For an additional amount for the ``Afghanistan Security
Forces Fund'', $1,400,000,000, to remain available until
September 30, 2009.
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ``Iraq Security Forces
Fund'', $1,500,000,000, to remain available until September
30, 2009: Provided, That such funds shall be available to the
Secretary of Defense, notwithstanding any other provision of
law, for the purpose of allowing the Commander, Multi-
National Security Transition Command--Iraq, or the
Secretary's designee, to provide assistance, with the
concurrence of the Secretary of State, to the security forces
of Iraq, including the provision of equipment, supplies,
services, training, facility and infrastructure repair,
renovation, and construction, and funding: Provided further,
That none of the assistance provided under this heading in
the form of funds may be utilized for the provision of
salaries, wages, or bonuses to personnel of the Iraqi
Security Forces: Provided further, That the authority to
provide assistance under this heading is in addition to any
other authority to provide assistance to foreign nations:
Provided further, That the Secretary of Defense may transfer
such funds to appropriations for military personnel;
operation and maintenance; Overseas Humanitarian, Disaster,
and Civic Aid; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish
the purposes provided herein: Provided further, That this
transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the
funds so transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That contributions of funds for the purposes provided herein
from any person, foreign government, or international
organization may be credited to this Fund, and used for such
purposes: Provided further, That the Secretary shall notify
the congressional defense committees in writing upon the
receipt and upon the transfer of any contribution delineating
the sources and amounts of the funds received and the
specific use of such contributions: Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior
to making transfers from this appropriation account, notify
the congressional defense committees in writing of the
details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after
the end of each fiscal quarter to the congressional defense
committees summarizing the details of the transfer of funds
from this appropriation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $954,111,000, to remain available for obligation
until September 30, 2010.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$561,656,000, to remain available for obligation until
September 30, 2010.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $5,463,471,000, to remain
available for obligation until September 30, 2010.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $344,900,000, to remain available for obligation
until September 30, 2010.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$16,337,340,000, to remain available for obligation until
September 30, 2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $3,563,254,000, to remain available for obligation
until September 30, 2010.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$317,456,000, to remain available for obligation until
September 30, 2010.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $304,945,000, to remain available
for obligation until September 30, 2010.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$1,399,135,000, to remain available for obligation until
September 30, 2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$2,197,390,000, to remain available for obligation until
September 30, 2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $7,103,923,000, to remain available for obligation
until September 30, 2010.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $66,943,000, to remain available for obligation
until September 30, 2010.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $205,455,000, to remain available for obligation
until September 30, 2010.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $1,953,167,000, to remain available for obligation
until September 30, 2010.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$408,209,000, to remain available for obligation until
September 30, 2010.
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $825,000,000, to remain available for obligation
until September 30, 2010: Provided, That the Chiefs of the
National Guard and Reserve components shall, prior to the
expenditure of funds, and not later than 30 days after the
enactment of this Act, individually submit to the
congressional defense committees an equipment modernization
priority assessment with a detailed plan for the expenditure
of funds for their respective National Guard and Reserve
components.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $162,958,000, to remain available
until September 30, 2009.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $366,110,000, to remain available
until September 30, 2009.
Research, Development, Test And Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $399,817,000, to remain
available until September 30, 2009.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $816,598,000, to remain
available until September 30, 2009.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $1,837,450,000, to remain available for obligation
until expended.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift
Fund'', $5,110,000, to remain available for obligation until
expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,413,864,000, of which $957,064,000 shall be for operation
and maintenance; of which $91,900,000 is for procurement, to
remain available until September 30, 2010; of which
$364,900,000 shall be for research, development, test and
evaluation, to remain available until September 30, 2009:
Provided, That in addition to amounts otherwise contained in
this paragraph, $75,000,000 is hereby appropriated to the
``Defense Health Program'' for operation and maintenance for
psychological health and traumatic brain injury, to remain
available until September 30, 2009.
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $65,317,000, to remain
available until September 30, 2009.
Office of the Inspector General
For an additional amount for ``Office of the Inspector
General'', $6,394,000, of which $2,000,000 shall be for
research, development, test and evaluation, to remain
available until September 30, 2009.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 9101. Appropriations provided in this chapter are
available for obligation until September 30, 2008, unless
otherwise provided in this chapter.
Sec. 9102. Notwithstanding any other provision of law,
funds made available in this chapter are in addition to
amounts appropriated or
[[Page H5624]]
otherwise made available for the Department of Defense for
fiscal year 2008.
(INCLUDING TRANSFER OF FUNDS)
Sec. 9103. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer between appropriations
up to $2,500,000,000 of the funds made available to the
Department of Defense in this chapter: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in section 8005 of
Public Law 110-116, except for the fourth proviso.
Sec. 9104. (a) From funds made available for operation and
maintenance in this chapter to the Department of Defense, not
to exceed $1,226,841,000 may be used, notwithstanding any
other provision of law, to fund the Commander's Emergency
Response Program, for the purpose of enabling military
commanders in Iraq, Afghanistan, and the Philippines to
respond to urgent humanitarian relief and reconstruction
requirements within their areas of responsibility by carrying
out programs that will immediately assist the Iraqi, Afghan,
and Filipino people.
(b) Not later than 15 days after the end of each fiscal
year quarter, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the
source of funds and the allocation and use of funds during
that quarter that were made available pursuant to the
authority provided in this section or under any other
provision of law for the purposes of the programs under
subsection (a).
(INCLUDING TRANSFER OF FUNDS)
Sec. 9105. During fiscal year 2008, the Secretary of
Defense may transfer not to exceed $6,500,000 of the amounts
in or credited to the Defense Cooperation Account, pursuant
to 10 U.S.C. 2608, to such appropriations or funds of the
Department of Defense as the Secretary shall determine for
use consistent with the purposes for which such funds were
contributed and accepted: Provided, That such amounts shall
be available for the same time period as the appropriation to
which transferred: Provided further, That the Secretary shall
report to the Congress all transfers made pursuant to this
authority.
Sec. 9106. Of the amount appropriated by this chapter under
the heading ``Drug Interdiction and Counter-Drug Activities,
Defense'', not to exceed $20,000,000 may be used for the
provision of support for counter-drug activities of the
Governments of Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan,
Tajikistan, and Turkmenistan, as specified in section 1033 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85, as amended by Public Laws 106-398, 108-
136, 109-364, and 110-181): Provided, That such support shall
be in addition to support provided under any other provision
of the law.
Sec. 9107. Amounts provided in this chapter for operations
in Iraq and Afghanistan may be used by the Department of
Defense for the purchase of up to 20 heavy and light armored
vehicles for force protection purposes, notwithstanding price
or other limitations specified elsewhere in the Department of
Defense Appropriations Act, 2008 (Public Law 110-116), or any
other provision of law: Provided, That notwithstanding any
other provision of law, funds provided in Public Law 110-116
and Public Law 110-161 under the heading ``Other Procurement,
Navy'' may be used for the purchase of 21 vehicles required
for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to
exceed $255,000 per vehicle: Provided further, That the
Secretary of Defense shall submit a report in writing no
later than 30 days after the end of each fiscal quarter
notifying the congressional defense committees of any
purchase described in this section, including cost, purposes,
and quantities of vehicles purchased.
(INCLUDING TRANSFER OF FUNDS)
Sec. 9108. Section 8122(c) of Public Law 110-116 is amended
by adding at the end the following:
``(4) Upon a determination that all or part of the funds
transferred under paragraph (1) are not necessary to
accomplish the purposes specified in subsection (b), such
amounts may be transferred back to the `Mine Resistant Ambush
Protected Vehicle Fund'.''.
Sec. 9109. Notwithstanding any other provision of law, not
to exceed $150,000,000 of funds made available in this
chapter may be obligated to conduct or support a program to
build the capacity of a foreign country's national military
forces in order for that country to conduct counterterrorist
operations or participate in or support military and
stability operations in which the U.S. Armed Forces are a
participant: Provided, That funds available pursuant to the
authority in this section shall be subject to the same
restrictions, limitations, and reporting requirements as
funds available pursuant to section 1206 of Public Law 109-
163 as amended.
CHAPTER 2
DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$839,000,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$75,000,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $55,000,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $75,000,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $150,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $37,300,000,000.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance,
Navy'', $3,500,000,000: Provided, That up to $112,000,000
shall be transferred to the Coast Guard ``Operating
Expenses'' account.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $2,900,000,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $5,000,000,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $2,648,569,000, of which not to exceed
$200,000,000, to remain available until expended, may be used
for payments to reimburse key cooperating nations, for
logistical, military, and other support provided to United
States military operations, notwithstanding any other
provision of law: Provided, That these funds may be used for
the purpose of providing specialized training and procuring
supplies and specialized equipment and providing such
supplies and loaning such equipment on a non-reimbursable
basis to coalition forces supporting United States military
operations in Iraq and Afghanistan: Provided further, That
such payments may be made in such amounts as the Secretary of
Defense, with the concurrence of the Secretary of State, and
in consultation with the Director of the Office of Management
and Budget, may determine, in his discretion, based on
documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $79,291,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $42,490,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $47,076,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $12,376,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $333,540,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $52,667,000.
Afghanistan Security Forces Fund
For an additional amount for the ``Afghanistan Security
Forces Fund'', $2,000,000,000, to remain available until
September 30, 2009.
Iraq Security Forces Fund
(INCLUDING TRANSFER OF FUNDS)
For the ``Iraq Security Forces Fund'', $1,000,000,000, to
remain available until September 30, 2009: Provided, That
such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose
of allowing the Commander, Multi-National Security Transition
Command--Iraq, or the Secretary's designee, to provide
assistance, with the concurrence of the Secretary of State,
to the security forces of Iraq, including the provision of
equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and
funding: Provided further, That none of the assistance
provided under this heading in the form of funds may be
utilized for the provision of salaries, wages, or bonuses to
personnel of the Iraqi Security Forces: Provided further,
That the authority to provide assistance under this heading
is in addition to any other authority to provide assistance
to foreign nations: Provided further, That the Secretary of
Defense may transfer such funds to appropriations for
military personnel; operation and maintenance; Overseas
Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital
funds to accomplish the purposes provided herein: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all
or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government,
or international organization may be credited to this
[[Page H5625]]
Fund, and used for such purposes: Provided further, That the
Secretary shall notify the congressional defense committees
in writing upon the receipt and upon the transfer of any
contribution delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided
further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation
account, notify the congressional defense committees in
writing of the details of any such transfer: Provided
further, That the Secretary shall submit a report no later
than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of
the transfer of funds from this appropriation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $84,000,000, to remain available for obligation until
September 30, 2011.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $822,674,000, to remain
available for obligation until September 30, 2011.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $46,500,000, to remain available for obligation until
September 30, 2011.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,009,050,000, to remain available for obligation until
September 30, 2011.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$27,948,000, to remain available for obligation until
September 30, 2011.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$565,425,000, to remain available for obligation until
September 30, 2011.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $201,842,000, to remain available for obligation
until September 30, 2011.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $1,500,644,000, to remain available for obligation
until September 30, 2011.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$177,237,000, to remain available for obligation until
September 30, 2011.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $113,228,000, to remain available
until September 30, 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $72,041,000, to remain available
until September 30, 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $202,559,000, to remain
available until September 30, 2010.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,100,000,000 for operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $188,000,000.
Joint Improvised Explosive Device Defeat Fund
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $2,000,000,000, to remain available
until September 30, 2011: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the
Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment,
supplies, services, training, facilities, personnel and funds
to assist United States forces in the defeat of improvised
explosive devices: Provided further, That within 60 days of
the enactment of this Act, a plan for the intended management
and use of the amounts provided under this heading shall be
submitted to the congressional defense committees: Provided
further, That the Secretary of Defense shall submit a report
not later than 60 days after the end of each fiscal quarter
to the congressional defense committees providing assessments
of the evolving threats, individual service requirements to
counter the threats, the current strategy for predeployment
training of members of the Armed Forces on improvised
explosive devices, and details on the execution of the Fund:
Provided further, That the Secretary of Defense may transfer
funds provided herein to appropriations for operation and
maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish
the purpose provided herein: Provided further, That this
transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the
details of any such transfer.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 9201. Appropriations provided in this chapter are not
available for obligation until October 1, 2008.
Sec. 9202. Appropriations provided in this chapter are
available for obligation until September 30, 2009, unless
otherwise provided in this chapter.
(INCLUDING TRANSFER OF FUNDS)
Sec. 9203. Upon the determination of the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer between appropriations
up to $4,000,000,000 of the funds made available to the
Department of Defense in this chapter: Provided, That the
Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense and is subject to the same terms and
conditions as the authority provided in section 8005 of
Public Law 110-116, except for the fourth proviso.
Sec. 9204. (a) Not later than December 5, 2008 and every 90
days thereafter through the end of fiscal year 2009, the
Secretary of Defense shall set forth in a report to Congress
a comprehensive set of performance indicators and measures
for progress toward military and political stability in Iraq.
(b) The report shall include performance standards and
goals for security, economic, and security force training
objectives in Iraq together with a notional timetable for
achieving these goals.
(c) In specific, the report requires, at a minimum, the
following:
(1) With respect to stability and security in Iraq, the
following:
(A) Key measures of political stability, including the
important political milestones that must be achieved over the
next several years.
(B) The primary indicators of a stable security environment
in Iraq, such as number of engagements per day, numbers of
trained Iraqi forces, trends relating to numbers and types of
ethnic and religious-based hostile encounters, and progress
made in the transition of responsibility for the security of
Iraqi provinces to the Iraqi Security Forces under the
Provincial Iraqi Control (PIC) process.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is composed of
non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and efforts
to disarm or reintegrate each militia.
(E) Key indicators of economic activity that should be
considered the most important for determining the prospects
of stability in Iraq, including--
(i) unemployment levels;
(ii) electricity, water, and oil production rates; and
(iii) hunger and poverty levels.
(F) The most recent annual budget for the Government of
Iraq, including a description of amounts budgeted for support
of Iraqi security and police forces and an assessment of how
planned funding will impact the training, equipping and
overall readiness of those forces.
(G) The criteria the Administration will use to determine
when it is safe to begin withdrawing United States forces
from Iraq.
(2) With respect to the training and performance of
security forces in Iraq, the following:
(A) The training provided Iraqi military and other Ministry
of Defense forces and the equipment used by such forces.
(B) Key criteria for assessing the capabilities and
readiness of the Iraqi military and other Ministry of Defense
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping
these forces), and the milestones and notional timetable for
achieving these goals.
(C) The operational readiness status of the Iraqi military
forces, including the type, number, size, and organizational
structure of Iraq battalions that are--
(i) capable of conducting counterinsurgency operations
independently without any support from Coalition Forces;
(ii) capable of conducting counterinsurgency operations
with the support of United States or coalition forces; or
(iii) not ready to conduct counterinsurgency operations.
(D) The amount and type of support provided by Coalition
Forces to the Iraqi Security Forces at each level of
operational readiness.
(E) The number of Iraqi battalions in the Iraqi Army
currently conducting operations and the type of operations
being conducted.
(F) The rates of absenteeism in the Iraqi military forces
and the extent to which insurgents have infiltrated such
forces.
(G) The training provided Iraqi police and other Ministry
of Interior forces and the equipment used by such forces.
(H) The level and effectiveness of the Iraqi Security
Forces under the Ministry of Defense in provinces where the
United States has formally transferred responsibility for the
security of the province to the Iraqi Security Forces under
the Provincial Iraqi Control (PIC) process.
(I) Key criteria for assessing the capabilities and
readiness of the Iraqi police and other Ministry of Interior
forces, goals for achieving certain capability and readiness
levels (as well as for recruiting, training, and equipping),
and the milestones and notional timetable for achieving these
goals, including--
[[Page H5626]]
(i) the number of police recruits that have received
classroom training and the duration of such instruction;
(ii) the number of veteran police officers who have
received classroom instruction and the duration of such
instruction;
(iii) the number of police candidates screened by the Iraqi
Police Screening Service, the number of candidates derived
from other entry procedures, and the success rates of those
groups of candidates;
(iv) the number of Iraqi police forces who have received
field training by international police trainers and the
duration of such instruction;
(v) attrition rates and measures of absenteeism and
infiltration by insurgents; and
(vi) the level and effectiveness of the Iraqi Police and
other Ministry of Interior Forces in provinces where the
United States has formally transferred responsibility for the
security of the province to the Iraqi Security Forces under
the Provincial Iraqi Control (PIC) process.
(J) The estimated total number of Iraqi battalions needed
for the Iraqi security forces to perform duties now being
undertaken by coalition forces, including defending the
borders of Iraq and providing adequate levels of law and
order throughout Iraq.
(K) The effectiveness of the Iraqi military and police
officer cadres and the chain of command.
(L) The number of United States and coalition advisors
needed to support the Iraqi security forces and associated
ministries.
(M) An assessment, in a classified annex if necessary, of
United States military requirements, including planned force
rotations, through the end of calendar year 2009.
Sec. 9205. (a) Report by Secretary of Defense.--Not later
than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report that contains individual
transition readiness assessments by unit of Iraq and Afghan
security forces. The Secretary of Defense shall submit to the
congressional defense committees updates of the report
required by this subsection every 90 days after the date of
the submission of the report until October 1, 2009. The
report and updates of the report required by this subsection
shall be submitted in classified form.
(b) Report by OMB.--
(1) The Director of the Office of Management and Budget, in
consultation with the Secretary of Defense; the Commander,
Multi-National Security Transition Command--Iraq; and the
Commander, Combined Security Transition Command--Afghanistan,
shall submit to the congressional defense committees not
later than 120 days after the date of the enactment of this
Act and every 90 days thereafter a report on the proposed use
of all funds under each of the headings ``Iraq Security
Forces Fund'' and ``Afghanistan Security Forces Fund'' on a
project-by-project basis, for which the obligation of funds
is anticipated during the 3-month period from such date,
including estimates by the commanders referred to in this
paragraph of the costs required to complete each such
project.
(2) The report required by this subsection shall include
the following:
(A) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
paragraph (1) were obligated prior to the submission of the
report, including estimates by the commanders referred to in
paragraph (1) of the costs to complete each project.
(B) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to
in paragraph (1) in prior appropriations Acts, or for which
funds were made available by transfer, reprogramming, or
allocation from other headings in prior appropriations Acts,
including estimates by the commanders referred to in
paragraph (1) of the costs to complete each project.
(C) An estimated total cost to train and equip the Iraq and
Afghan security forces, disaggregated by major program and
sub-elements by force, arrayed by fiscal year.
(c) Notification.--The Secretary of Defense shall notify
the congressional defense committees of any proposed new
projects or transfers of funds between sub-activity groups in
excess of $15,000,000 using funds appropriated by this Act
under the headings ``Iraq Security Forces Fund'' and
``Afghanistan Security Forces Fund''.
Sec. 9206. Funds available to the Department of Defense for
operation and maintenance provided in this chapter may be
used, notwithstanding any other provision of law, to provide
supplies, services, transportation, including airlift and
sealift, and other logistical support to coalition forces
supporting military and stability operations in Iraq and
Afghanistan: Provided, That the Secretary of Defense shall
provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9207. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance, ``Afghanistan
Security Forces Fund'' or ``Iraq Security Forces Fund''
provided in this chapter, and executed in direct support of
the Global War on Terrorism only in Iraq and Afghanistan, may
be obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision
and administration costs include all in-house Government
costs.
(INCLUDING TRANSFER OF FUNDS)
Sec. 9208. (a) Notwithstanding any other provision of law,
and in addition to amounts otherwise made available by this
Act, there is appropriated $1,700,000,000 for the ``Mine
Resistant Ambush Protected Vehicle Fund'', to remain
available until September 30, 2009.
(b) The funds provided by subsection (a) shall be available
to the Secretary of Defense to continue technological
research and development and upgrades, to procure Mine
Resistant Ambush Protected vehicles and associated support
equipment, and to sustain, transport, and field Mine
Resistant Ambush Protected vehicles.
(c)(1) The Secretary of Defense shall transfer funds
provided by subsection (a) to appropriations for operation
and maintenance; procurement; and research, development, test
and evaluation to accomplish the purposes specified in
subsection (b). Such transferred funds shall be merged with
and be available for the same purposes and for the same time
period as the appropriation to which they are transferred.
(2) The transfer authority provided by this subsection
shall be in addition to any other transfer authority
available to the Department of Defense.
(3) The Secretary of Defense shall, not less than 15 days
prior to making any transfer under this subsection, notify
the congressional defense committees in writing of the
details of the transfer.
Sec. 9209. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
Sec. 9301. Each amount in this title is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to subsections (a) and (b) of section 204 of S. Con.
Res. 21 (110th Congress), the concurrent resolution on the
budget for fiscal year 2008.
Sec. 9302. Funds appropriated by this title, or made
available by the transfer of funds in this title, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 9303. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code;
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations; and
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 9304. (a) Report Required.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Defense, the Secretary of State, and the Secretary of
Homeland Security, in coordination with the Chairman of the
Joint Chiefs of Staff and the Director of National
Intelligence, shall jointly submit to Congress a report
setting forth the global strategy of the United States to
combat and defeat al Qaeda and its affiliates.
(b) Elements of Strategy.--The strategy set forth in the
report required under subsection (a) shall include the
following elements:
(1) An analysis of the global threat posed by al Qaeda and
its affiliates, including an assessment of the relative
threat posed in particular regions or countries.
(2) Recommendations regarding the distribution and
deployment of United States military, intelligence,
diplomatic, and other assets to meet the relative regional
and country-specific threats described in paragraph (1).
(3) Recommendations to ensure that the global deployment of
United States military personnel and equipment best meet the
threat identified and described in paragraph (1) and:
(A) does not undermine the military readiness or homeland
security of the United States;
(B) ensures adequate time between military deployments for
rest and training; and
(C) does not require further extensions of military
deployments to the extent practicable.
(c) Classified Annex.--The report required by subsection
(a) shall be submitted in unclassified form, but shall
include a classified annex.
Sec. 9305. None of the funds provided in this title may be
used to finance programs or activities denied by Congress in
fiscal years 2007 or 2008 appropriations to the Department of
Defense or to initiate a procurement or research,
development, test and evaluation new start program without
prior written notification to the congressional defense
committees.
Sec. 9306. Section 1002(c)(2) of the National Defense
Authorization Act, Fiscal Year 2008 (Public Law 110-181) is
amended by striking ``$362,159,000'' and inserting
``$435,259,000''.
Sec. 9307. None of the funds appropriated or otherwise made
available by this title may be obligated or expended to
provide award fees to any defense contractor contrary to the
provisions of section 814 of the National Defense
Authorization Act, Fiscal Year 2007 (Public Law 109-364).
(RESCISSIONS)
Sec. 9308. (a) Of the funds made available for ``Defense
Health Program'' in Public Law 110-28, $75,000,000 are
rescinded.
(b) Of the funds made available for ``Joint Improvised
Explosive Device Defeat Fund'' in division L of the
Consolidated Appropriations Act, 2008 (Public Law 110-161),
$71,531,000 are rescinded.
[[Page H5627]]
Sec. 9309. Of the funds appropriated in the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28)
which remain available for obligation under the ``Iraq
Freedom Fund'', $150,000,000 is only for the Joint Rapid
Acquisition Cell, and $10,000,000 is only for the
transportation of fallen service members.
Sec. 9310. None of the funds available to the Department of
Defense may be obligated or expended to implement any final
action on joint basing initiatives required under the 2005
round of defense base closure and realignment under the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) until
each affected Secretary of a military department or the head
of each affected Federal agency certifies to the
congressional defense committees that joint basing at the
affected military installation will result in significant
costs savings and will not negatively impact the morale of
members of the Armed Forces.
Sec. 9311. Funds available in this title which are
available to the Department of Defense for operation and
maintenance may be used to purchase items having an
investment unit cost of not more than $250,000: Provided,
That upon determination by the Secretary of Defense that such
action is necessary to meet the operational requirements of a
Commander of a Combatant Command engaged in contingency
operations overseas, such funds may be used to purchase items
having an investment item unit cost of not more than
$500,000.
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
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
[[Page H5628]]
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 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
[[Page H5629]]
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.
(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
[[Page H5630]]
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--
(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.
[[Page H5631]]
(2) Civilian prosecutors and judicial authorities are
investigating, prosecuting and punishing members of the
Mexican military and police forces who have been credibly
alleged to have committed human rights violations.
(c) Exception.--Notwithstanding subsection (b), of the
funds made available for assistance for Mexico pursuant to
this section, $3,000,000 shall be made available for
technical and other assistance to enable the Government of
Mexico to implement a unified national registry of federal,
state, and municipal police officers, and $5,000,000 should
be made available to the Bureau of Alcohol, Tobacco, Firearms
and Explosives to deploy special agents in Mexico to support
Mexican law enforcement agencies in tracing seized firearms
and investigating firearms trafficking cases.
(d) Report.--The report required in subsection (b) shall
include a description of actions taken with respect to each
requirement specified in subsection (b) and the cases or
issues brought to the attention of the Secretary of State for
which the response or action taken has been inadequate.
(e) Notification.--Funds made available for Mexico in
subchapter A shall be subject to the regular notification
procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-
1).
(f) Spending Plan.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a detailed
spending plan for funds appropriated or otherwise made
available for Mexico in subchapter A, which shall include a
strategy for combating drug trafficking and related violence
and organized crime, judicial reform, preventing corruption,
and strengthening the rule of law, with concrete goals,
actions to be taken, budget proposals, and anticipated
results.
(g) Consultation.--Not later than 90 days after the date of
the enactment of this Act, and every 120 days thereafter
until September 30, 2010, the Secretary of State shall
consult with Mexican and internationally recognized human
rights organizations on progress in meeting the requirements
described in subsection (b).
CENTRAL AMERICA
Sec. 1406. (a) Assistance for the Countries of Central
America.--Of the funds appropriated in subchapter A under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Economic Support Fund'', not more than
$100,000,000 may be made available for assistance for the
countries of Central America, Haiti, and the Dominican
Republic only to combat drug trafficking and related violence
and organized crime, and for judicial reform, anti-
corruption, and rule of law activities: Provided, That of the
funds appropriated under the heading ``Economic Support
Fund'', $40,000,000 shall be made available through the
United States Agency for International Development for an
Economic and Social Development Fund for Central America:
Provided further, That of the funds made available pursuant
to this section, $5,000,000 shall be made available for
assistance for Haiti and $5,000,000 shall be made available
for assistance for the Dominican Republic: Provided further,
That of the funds made available pursuant to this section
that are available for assistance for Guatemala, not less
than $1,000,000 shall be made available for a United States
contribution to the International Commission Against Impunity
in Guatemala: Provided further, That none of the funds shall
be made available for budget support or as cash payments:
Provided further, That, with the exception of the first and
third provisos in this section, none of the funds shall be
available for obligation until the Secretary of State
determines and reports to the Committees on Appropriations
that vetting procedures are in place to ensure that members
and units of the military and police forces of the countries
of Central America, Haiti and the Dominican Republic that
receive assistance pursuant to this section have not been
involved in human rights violations or corrupt acts.
(b) Allocation of Funds.--Twenty-five percent of the funds
made available by subchapter A for assistance for the
countries of Central America, Haiti and the Dominican
Republic under the heading ``International Narcotics Control
and Law Enforcement'' may be obligated only after the
Secretary of State determines and reports to the Committees
on Appropriations that the government of such country is--
(1) establishing a police complaints commission with
authority and independence to receive complaints and carry
out effective investigations;
(2) implementing reforms to improve the capacity and ensure
the independence of the judiciary; and
(3) suspending, prosecuting and punishing members of the
military and police forces who have been credibly alleged to
have committed violations of human rights and corrupt acts.
(c) Report.--The report required in subsection (b) shall
include actions taken with respect to each requirement and
the cases or issues brought to the attention of the Secretary
for which the response or action taken has been inadequate.
(d) Notification.--Funds made available for assistance for
the countries of Central America, Haiti and the Dominican
Republic in subchapter A shall be subject to the regular
notification procedures of the Committees on Appropriations
and section 634A of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1).
(e) Spending Plan.--Not later than 45 days after enactment
of this Act the Secretary of State shall submit to the
Committees on Appropriations a detailed spending plan for
funds appropriated or otherwise made available for the
countries of Central America, Haiti and the Dominican
Republic in subchapter A, which shall include a strategy for
combating drug trafficking and related violence and organized
crime, judicial reform, preventing corruption, and
strengthening the rule of law, with concrete goals, actions
to be taken, budget proposals and anticipated results.
(f) Consultation.--Not later than 90 days after the date of
enactment of this Act and every 120 days thereafter until
September 30, 2010, the Secretary of State shall consult with
internationally recognized human rights organizations, and
human rights organizations in the countries of Central
America, Haiti and the Dominican Republic receiving
assistance pursuant to this section, on progress in meeting
the requirements described in subsection (b).
(g) Definition.--For the purposes of this section, the term
``countries of Central America'' means Belize, Costa Rica, El
Salvador, Guatemala, Honduras, Nicaragua, and Panama.
TECHNICAL PROVISIONS
Sec. 1407. (a) Administrative Expenses.--Of the funds
appropriated or otherwise made available under the heading
``Economic Support Fund'' by title III of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161),
up to $7,800,000 may be made available, in addition to
amounts otherwise available for such purposes, for
administrative expenses of the United States Agency for
International Development for alternative development
programs in the Andean region of South America. These funds
may be used to reimburse funds appropriated under the heading
``Operating Expenses of the United States Agency for
International Development'' for obligations incurred for the
purposes provided under this section prior to enactment of
this Act.
(b) Authority.--Funds appropriated or otherwise made
available by title III of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161) under the heading
``Economic Support Fund'' that are available for a
competitively awarded grant for nuclear security initiatives
relating to North Korea shall be made available
notwithstanding any other provision of law.
(c) Extension of Authority.--Not more than $1,350,000 of
the funds appropriated or otherwise made available under the
heading ``Foreign Military Financing Program'' by the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161)
that were previously transferred to and merged with
``Diplomatic and Consular Programs'' may be made available
for any purposes authorized for that account, of which up to
$500,000 shall be made available to increase the capacity of
the United States Embassy in Mexico City to vet members and
units of Mexican military and police forces that receive
assistance made available by this Act and to monitor the uses
of such assistance.
(d) Reimbursements.--Any agreement for the transfer or
allocation of funds appropriated by this Act, or prior Acts,
entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of
the Foreign Assistance Act of 1961 or any comparable
provision of law, shall include the provision of sufficient
funds to fully reimburse the United States Agency for
International Development for the administrative costs,
including the cost of direct hire personnel, incurred in
implementing and managing the programs and activities under
such transfer or allocation. Such funds transferred or
allocated to the United States Agency for International
Development for administrative costs shall be transferred to
and merged with ``Operating Expenses of the United States
Agency for International Development''.
(e) Exception.--Section 8002 of title VIII of this Act
shall not apply to this section.
(f) Spending Authority.--Funds made available by this
chapter may be expended notwithstanding section 699K of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161).
BUYING POWER MAINTENANCE ACCOUNT
(including transfer of funds)
Sec. 1408. (a) Of the funds appropriated under the heading
``Diplomatic and Consular Programs'' and allocated by section
3810 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007
(Public Law 110-28), $26,000,000 shall be transferred to and
merged with funds in the ``Buying Power Maintenance
Account'': Provided, That of the funds made available by this
chapter up to an additional $74,000,000 may be transferred to
and merged with the ``Buying Power Maintenance Account'',
subject to the regular notification procedures of the
Committees on 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''
[[Page H5632]]
by title III of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2008 (division J of
Public Law 110-161), an amount equivalent to the costs of
damage to the United States Embassy in Belgrade, Serbia, as
estimated by the Secretary of State, resulting from the
February 21, 2008 attack on such Embassy, shall be
transferred to, and merged with, funds provided under the
heading ``Embassy Security, Construction, and Maintenance''
to be used for necessary repairs or future construction.
(b) The requirements of subsection (a) shall not apply if
the Secretary of State certifies to the Committees on
Appropriations that the Government of Serbia has provided
full compensation to the Department of State for damages to
the United States Embassy in Belgrade, Serbia resulting from
the February 21, 2008 attack on such Embassy.
(c) Section 8002 of title VIII of this Act shall not apply
to this section.
Rescissions
(Including Rescissions)
Sec. 1410. (a) World Food Program.--
(1) For an additional amount for a contribution to the
World Food Program to assist farmers in countries affected by
food shortages to increase crop yields, notwithstanding any
other provision of law, $20,000,000, to remain available
until expended.
(2) Of the funds appropriated under the heading ``Andean
Counterdrug Initiative'' in prior acts making appropriations
for foreign operations, export financing, and related
programs, $20,000,000 are rescinded.
(b) Sudan.--
(1) For an additional amount for ``International Narcotics
Control and Law Enforcement'', $10,000,000, for assistance
for Sudan to support formed police units, to remain available
until September 30, 2009, and subject to prior consultation
with the Committees on Appropriations.
(2) Of the funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' in
prior acts making appropriations for foreign operations,
export financing, and related programs, $10,000,000 are
rescinded.
(c) Mexico.--Of the unobligated balances of funds
appropriated for ``Iraq Relief and Reconstruction Fund'' in
prior Acts making appropriations for foreign operations,
export financing, and related programs, $50,000,000 are
rescinded, notwithstanding section 1402(g) of this Act.
(d) Horn of Africa.--
(1) For an additional amount for ``Economic Support Fund'',
$40,000,000 for programs to promote development and counter
extremism in the Horn of Africa, to be administered by the
United States Agency for International Development, and to
remain available until September 30, 2009.
(2) Of the unobligated balances of funds appropriated for
``Iraq Relief and Reconstruction Fund'' in prior Acts making
appropriations for foreign operations, export financing, and
related programs, $40,000,000 are rescinded, notwithstanding
section 1402(g) of this Act.
(e) Exception.--Section 8002 of title VIII of this Act
shall not apply to subsections (a) and (b) of this section.
DARFUR PEACEKEEPING
Sec. 1411. Funds appropriated under the headings ``Foreign
Military Financing Program'' and ``Peacekeeping Operations''
by the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law
110-161) and by prior Acts making appropriations for foreign
operations, export financing, and related programs may be
used to transfer or lease helicopters necessary to the
operations of the African Union/United Nations peacekeeping
operation in Darfur, Sudan, that was established pursuant to
United Nations Security Council Resolution 1769. The
President may utilize the authority of sections 506 or 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 2321j) or
section 61 of the Arms Export Control Act (22 U.S.C. 2796) in
order to effect such transfer or lease, notwithstanding any
other provision of law except for sections 502B(a)(2), 620A
and 620J of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(a)(2), 2371, 2378d) and section 40A of the Arms Export
Control Act (22 U.S.C. 2780). Any exercise of the authority
of section 506 of the Foreign Assistance Act pursuant to this
section may include the authority to acquire helicopters by
contract.
FOOD SECURITY AND CYCLONE NARGIS RELIEF
(INCLUDING RESCISSION OF FUNDS)
Sec. 1412. (a) For an additional amount for ``International
Disaster Assistance'', $225,000,000, to address the
international food crisis globally and for assistance for
Burma to address the effects of Cyclone Nargis: Provided,
That not less than $125,000,000 should be made available for
the local or regional purchase and distribution of food to
address the international food crisis: Provided further, That
notwithstanding any other provision of law, none of the funds
appropriated under this heading may be made available for
assistance for the State Peace and Development Council.
(b) Of the unexpended balances of funds appropriated under
the heading ``Millennium Challenge Corporation'' in prior
Acts making appropriations for foreign operations, export
financing and related programs, $225,000,000 are rescinded.
(c) Section 8002 of title VIII of this Act shall not apply
to this section.
JORDAN
(INCLUDING RESCISSION OF FUNDS)
Sec. 1413. (a) For an additional amount for ``Economic
Support Fund'' for assistance for Jordan, $100,000,000, to
remain available until September 30, 2009.
(b) For an additional amount for ``Foreign Military
Financing Program'' for assistance for Jordan, $200,000,000,
to remain available until September 30, 2009.
(c) Of the unexpended balances of funds appropriated under
the heading ``Millennium Challenge Corporation'' in prior
Acts making appropriations for foreign operations, export
financing, and related programs, $300,000,000 are rescinded.
(d) Section 8002 of title VIII of this Act shall not apply
to this section.
Allocations
Sec. 1414. (a) Funds provided by this chapter for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the explanatory statement accompanying this Act:
``Diplomatic and Consular Programs''.
``Economic Support Fund''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the statement accompanying this
Act shall be subject to the regular notification procedures
of the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961.
Reprogramming Authority
Sec. 1415. Notwithstanding any other provision of law, to
include minimum funding requirements or funding directives,
funds made available under the headings ``Development
Assistance'' and ``Economic Support Fund'' in prior Acts
making appropriations for foreign operations, export
financing, and related programs may be made available to
address critical food shortages, subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
Spending Plans and Notification Procedures
Sec. 1416. (a) Subchapter A Spending Plan.--Not later than
45 days after the enactment of this Act the Secretary of
State shall submit to the Committees on Appropriations a
report detailing planned expenditures for funds appropriated
under the headings in subchapter A, except for funds
appropriated under the headings ``International Disaster
Assistance'', ``Migration and Refugee Assistance'', and
``United States Emergency Refugee and Migration Assistance
Fund''.
(b) Subchapter B Spending Plan.--The Secretary of State
shall submit to the Committees on Appropriations not later
than November 1, 2008, and prior to the initial obligation of
funds, a detailed spending plan for funds appropriated or
otherwise made available in subchapter B, except for funds
appropriated under the headings ``International Disaster
Assistance'', ``Migration and Refugee Assistance'', and
``United States Emergency Refugee and Migration Assistance
Fund''.
(c) Notification.--Funds made available in this chapter
shall be subject to the regular notification procedures of
the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961.
terms and conditions
Sec. 1417. Unless otherwise provided for in this Act, funds
appropriated, or otherwise made available, by this chapter
shall be available under the authorities and conditions
provided in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of
Public Law 110-161).
TITLE II
DOMESTIC MATTERS
CHAPTER 1
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For an additional amount for salaries and expenses of the
Food and Drug Administration, $265,000,000, to remain
available until September 30, 2009: Provided, That of the
amount provided: (1) $119,000,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$48,500,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs; (3) $23,500,000 shall be for the Center
for Biologics Evaluation and Research and related field
activities 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
[[Page H5633]]
2010 Decennial Census: Provided further, That $1,000,000
shall be used only for a reimbursable agreement with the
Defense Contract Management Agency to provide continuing
contract management oversight of the 2010 Decennial Census.
DEPARTMENT OF JUSTICE
United States Marshals Service
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$50,000,000 for the United States Marshals Service to
implement and enforce the Adam Walsh Child Protection and
Safety Act (Public Law 109-248) to track down and arrest non-
compliant sex offenders.
Federal Prison System
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$178,000,000, to remain available until September 30, 2008.
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for the Edward Byrne Memorial
Justice Assistance Grant program as authorized by subpart 1
of part E of title I of Omnibus Crime Control and Safe Street
Act of 1968 (``1968 Act''), (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
the 1968 Act, shall not apply for purposes of this Act),
$490,000,000, to remain available until September 30, 2008.
For an additional amount for ``State and Local Law
Enforcement Assistance'', $100,000,000 for competitive grants
to provide assistance and equipment to local law enforcement
along the Southern border and in High-Intensity Drug
Trafficking Areas to combat criminal narcotic activity
stemming from the Southern border, of which $10,000,000 shall
be for the ATF Project Gunrunner.
SCIENCE
National Aeronautics and Space Administration
RETURN TO FLIGHT
For necessary expenses, not otherwise provided for, in
carrying out return to flight activities associated with the
space shuttle and activities from which funds were
transferred to accommodate return to flight activities,
$200,000,000.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
For additional expenses in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), $150,000,000.
EDUCATION AND HUMAN RESOURCES
For additional expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), $50,000,000.
CHAPTER 3
DEPARTMENT OF ENERGY
Non-Defense Environmental Cleanup
For an additional amount for ``Non-Defense Environmental
Cleanup'', $5,000,000, to remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For an additional amount for ``Uranium Enrichment
Decontamination and Decommissioning Fund'', $52,000,000, to
remain available until expended.
Science
For an additional amount for ``Science'', $100,000,000, to
remain available until expended.
Environmental and Other Defense Activities
DEFENSE ENVIRONMENTAL CLEANUP
For an additional amount for ``Defense Environmental
Cleanup'', $243,000,000, to remain available until expended.
GENERAL PROVISION--THIS CHAPTER
Sec. 2301. Incentives for Additional Downblending of Highly
Enriched Uranium by the Russian Federation. The USEC
Privatization Act (42 U.S.C. 2297h et seq.) is amended--
(1) in section 3102, by striking ``For purposes'' and
inserting ``Except as provided in section 3112A, for
purposes'';
(2) in section 3112(a), by striking ``The Secretary'' and
inserting ``Except as provided in section 3112A(d), the
Secretary''; and
(3) by inserting after section 3112 the following:
``SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF
HIGHLY ENRICHED URANIUM BY THE RUSSIAN
FEDERATION.
``(a) Definitions.--In this section:
``(1) Completion of the russian heu agreement.--The term
`completion of the Russian HEU Agreement' means the
importation into the United States from the Russian
Federation pursuant to the Russian HEU Agreement of uranium
derived from the downblending of not less than 500 metric
tons of highly enriched uranium of weapons origin.
``(2) Downblending.--The term `downblending' means
processing highly enriched uranium into a uranium product in
any form in which the uranium contains less than 20 percent
uranium-235.
``(3) Highly enriched uranium.--The term `highly enriched
uranium' has the meaning given that term in section 3102(4).
``(4) Highly enriched uranium of weapons origin.--The term
`highly enriched uranium of weapons origin' means highly
enriched uranium that--
``(A) contains 90 percent or more uranium-235; and
``(B) is verified by the Secretary of Energy to be of
weapons origin.
``(5) Low-enriched uranium.--The term `low-enriched
uranium' means a uranium product in any form, including
uranium hexafluoride (UF6) and uranium oxide
(UO2), in which the uranium contains less than 20
percent uranium-235, without regard to whether the uranium is
incorporated into fuel rods or complete fuel assemblies.
``(6) Russian heu agreement.--The term `Russian HEU
Agreement' has the meaning given that term in section
3102(11).
``(7) Uranium-235.--The term `uranium-235' means the
isotope \235\U.
``(b) Statement of Policy.--It is the policy of the United
States to support the continued downblending of highly
enriched uranium of weapons origin in the Russian Federation
in order to protect the essential security interests of the
United States with respect to the nonproliferation of nuclear
weapons.
``(c) Promotion of Downblending of Russian Highly Enriched
Uranium.--
``(1) Incentives for the completion of the russian heu
agreement.--Prior to the completion of the Russian HEU
Agreement, the importation into the United States of low-
enriched uranium, including low-enriched uranium obtained
under contracts for separative work units, that is produced
in the Russian Federation and is not imported pursuant to the
Russian HEU Agreement may not exceed the following amounts:
``(A) In each of the calendar years 2008 and 2009, not more
than 22,500 kilograms.
``(B) In each of the calendar years 2010 and 2011, not more
than 45,000 kilograms.
``(C) In calendar year 2012 and each calendar year
thereafter through the calendar year of the completion of the
Russian HEU Agreement, not more than 67,500 kilograms.
``(2) Incentives to continue downblending russian highly
enriched uranium after the completion of the russian heu
agreement.--
``(A) In general.--In each calendar year beginning after
the calendar year of the completion of the Russian HEU
Agreement and before the termination date described in
paragraph (8), the importation into the United States of low-
enriched uranium, including low-enriched uranium obtained
under contracts for separative work units, that is produced
in the Russian Federation, whether or not such low-enriched
uranium is derived from highly enriched uranium of weapons
origin, may not exceed 400,000 kilograms.
``(B) Additional imports.--
``(i) In general.--In addition to the amount authorized to
be imported under subparagraph (A) and except as provided in
clause (ii), 20 kilograms of low-enriched uranium, whether or
not such low-enriched uranium is derived from highly enriched
uranium of weapons origin, may be imported for every 3
kilograms of Russian highly enriched uranium of weapons
origin that was downblended in the preceding calendar year,
subject to the verification of the Secretary of Energy under
paragraph (10).
``(ii) Maximum annual imports.--Not more than 200,000
kilograms of low-enriched uranium may be imported in a
calendar year under clause (i).
``(3) Exception with respect to initial cores.--The import
limitations described in paragraphs (1) and (2) shall not
apply to low-enriched uranium produced in the Russian
Federation that is imported into the United States for use in
the initial core of a new nuclear reactor.
``(4) Annual adjustment.--
``(A) In general.--Beginning in the second calendar year
after the calendar year of the completion of the Russian HEU
Agreement, the Secretary of Energy shall increase or decrease
the amount of low-enriched uranium that may be imported in a
calendar year under paragraph (2) (including the amount of
low-enriched uranium that may be imported for each kilogram
of highly enriched uranium downblended under paragraph
(2)(B)(i)) by a percentage equal to the percentage increase
or decrease, as the case may be, in the average amount of
uranium loaded into nuclear power reactors in the United
States in the most recent 3-calendar-year period for which
data are available, as reported by the Energy Information
Administration of the Department of Energy, compared to the
average amount of uranium loaded into such reactors during
the 3-calendar-year period beginning on January 1, 2011, as
reported by the Energy Information Administration.
``(B) Publication of adjustments.--As soon as practicable,
but not later than July 31 of each calendar year, the
Secretary of Energy shall publish in the Federal Register the
amount of low-enriched uranium that may be imported in the
current calendar year after the adjustment under subparagraph
(A).
``(5) Authority for additional adjustment.--In addition to
the annual adjustment under paragraph (4), the Secretary of
Commerce may adjust the import limitations 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-
[[Page H5634]]
235 necessary to equal the total amount of uranium-235
contained in such imports.
``(7) Downblending of other highly enriched uranium.--
``(A) In general.--The downblending of highly enriched
uranium not of weapons origin may be counted for purposes of
paragraph (2)(B) or (8)(B), subject to verification under
paragraph (10), if the Secretary of Energy determines that
the highly enriched uranium to be downblended poses a risk to
the national security of the United States.
``(B) Equivalent quantities of highly enriched uranium.--
For purposes of determining the additional low-enriched
uranium imports allowed under paragraph (2)(B) and for
purposes of paragraph (8)(B), highly enriched uranium not of
weapons origin downblended pursuant to subparagraph (A) shall
count as downblended highly enriched uranium of weapons
origin in amounts calculated as the quantity of highly
enriched uranium containing 90 percent uranium-235 necessary
to equal the total amount of uranium-235 contained in the
highly enriched uranium not of weapons origin downblended
pursuant to subparagraph (A).
``(8) Termination of import restrictions after downblending
of an additional 300 metric tons of highly enriched
uranium.--The provisions of this subsection shall terminate
on the later of--
``(A) December 31, 2020; or
``(B) the date on which the Secretary of Energy certifies
to Congress that, after the completion of the Russian HEU
Agreement, not less than an additional 300 metric tons of
Russian highly enriched uranium of weapons origin have been
downblended.
``(9) Special rule if importation under russian heu
agreement terminates early.--Notwithstanding any other
provision of law, no low-enriched uranium produced in the
Russian Federation that is not derived from highly enriched
uranium of weapons origin, including low-enriched uranium
obtained under contracts for separative work units, may be
imported into the United States if, before the completion of
the Russian HEU Agreement, the Secretary of Energy determines
that the Russian Federation has taken deliberate action to
disrupt or halt the importation into the United States of
low-enriched uranium under the Russian HEU Agreement.
``(10) Technical verifications by secretary of energy.--
``(A) In general.--The Secretary of Energy shall verify the
origin, quantity, and uranium-235 content of the highly
enriched uranium downblended for purposes of paragraphs
(2)(B), (7), and (8)(B).
``(B) Methods of verification.--In conducting the
verification required under subparagraph (A), the Secretary
of Energy shall employ the transparency measures provided for
in the Russian HEU Agreement for monitoring the downblending
of Russian highly enriched uranium of weapons origin and such
other methods as the Secretary determines appropriate.
``(11) Enforcement of import limitations.--The Secretary of
Commerce shall be responsible for enforcing the import
limitations imposed under this subsection and shall enforce
such import limitations in a manner that imposes a minimal
burden on the commercial nuclear industry.
``(12) Effect on other agreements.--
``(A) Russian heu agreement.--Nothing in this section shall
be construed to modify the terms of the Russian HEU
Agreement, including the provisions of the Agreement relating
to the amount of low-enriched uranium that may be imported
into the United States.
``(B) Other agreements.--If a provision of any agreement
between the United States and the Russian Federation, other
than the Russian HEU Agreement, relating to the importation
of low-enriched uranium into the United States conflicts with
a provision of this section, the provision of this section
shall supersede the provision of the agreement to the extent
of the conflict.
``(d) Downblending of Highly Enriched Uranium in the United
States.--The Secretary of Energy may sell uranium in the
jurisdiction of the Secretary, including downblended highly
enriched uranium, at fair market value to a licensed operator
of a nuclear reactor in the United States--
``(1) in the event of a disruption in the nuclear fuel
supply in the United States; or
``(2) after a determination of the Secretary under
subsection (c)(9) that the Russian Federation has taken
deliberate action to disrupt or halt the importation into the
United States of low-enriched uranium under the Russian HEU
Agreement.''.
CHAPTER 4
GENERAL PROVISION--THIS CHAPTER
Sec. 2401. Veterans Business Resource Centers. There are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2008,
$600,000 for the ``Salaries and Expenses'' account of the
Small Business Administration, for grants in the amount of
$200,000 to veterans business resource centers that received
grants from the National Veterans Business Development
Corporation in fiscal years 2006 and 2007.
CHAPTER 5
GENERAL PROVISION--THIS CHAPTER
Sec. 2501. For fiscal year 2008, there is appropriated
$400,000,000, to remain available until December 31, 2008,
for payments described in sections 101, 102(b)(3), and
103(b)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (Public Law 106-393).
CHAPTER 6
DEPARTMENT OF LABOR
Employment and Training Administration
State Unemployment Insurance and Employment Service Operations
For an additional amount for ``State Unemployment Insurance
and Employment Service Operations'' for grants to the States
for the administration of State unemployment insurance,
$110,000,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund, to be used for unemployment insurance workloads
experienced by the States through September 30, 2008, which
shall be available for Federal obligation through December
31, 2008.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for ``Disease Control, Research,
and Training'', $26,000,000, for the prevention of and
response to medical errors including research, education and
outreach activities; of which no less than $5,000,000 shall
be for responding to outbreaks of communicable diseases
related to the re-use of syringes in outpatient clinics,
including reimbursement of local health departments for
testing and genetic sequencing of persons potentially
exposed.
National Institutes of Health
OFFICE OF THE DIRECTOR
(including transfer of funds)
For an additional amount for ``Office of the Director,
National Institutes of Health'', $400,000,000.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2601. In addition to amounts otherwise made available
for fiscal year 2008, there are appropriated, out of any
money in the Treasury not otherwise appropriated,
$1,000,000,000 for fiscal year 2008, for making payments
under the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8623).
Sec. 2602. Report on the Impact of Past and Future Minimum
Wage Increases. (a) In General.--Section 8104 of the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28;
121 Stat. 189) is amended to read as follows:
``SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM
WAGE INCREASES.
``(a) Study.--Beginning on the date that is 60 days after
the date of enactment of this Act, and every year thereafter
until the minimum wage in the respective territory is $7.25
per hour, the Government Accountability Office shall conduct
a study to--
``(1) assess the impact of the minimum wage increases that
occurred in American Samoa and the Commonwealth of the
Northern Mariana Islands in 2007 and 2008, as required under
Public Law 110-28, on the rates of employment and the living
standards of workers, with full consideration of the other
factors that impact rates of employment and the living
standards of workers such as inflation in the cost of food,
energy, and other commodities; and
``(2) estimate the impact of any further wage increases on
rates of employment and the living standards of workers in
American Samoa and the Commonwealth of the Northern Mariana
Islands, with full consideration of the other factors that
may impact the rates of employment and the living standards
of workers, including assessing how the profitability of
major private sector firms may be impacted by wage increases
in comparison to other factors such as energy costs and the
value of tax benefits.
``(b) Report.--No earlier than March 15, 2009, and not
later than April 15, 2009, the Government Accountability
Office shall transmit its first report to Congress concerning
the findings of the study required under subsection (a). The
Government Accountability Office shall transmit any
subsequent reports to Congress concerning the findings of a
study required by subsection (a) between March 15 and April
15 of each year.
``(c) Economic Information.--To provide sufficient economic
data for the conduct of the study under subsection (a)--
``(1) the Department of Labor shall include and separately
report on American Samoa 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.
[[Page H5635]]
CHAPTER 7
RELATED AGENCY
American Battle Monuments Commission
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
For an additional amount for ``Foreign Currency
Fluctuations Account'', $10,000,000, to remain available
until expended, for purposes authorized by section 2109 of
title 36, United States Code.
TITLE III
HURRICANES KATRINA AND RITA, AND OTHER NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
EMERGENCY CONSERVATION PROGRAM
For the purposes of carrying out the Emergency Conservation
Program, there is hereby appropriated $49,413,000, to remain
available until expended.
Natural Resources Conservation Service
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ``Watershed and Flood
Prevention Operations'', for emergency recovery operations,
$130,464,000, to remain available until expended.
GENERAL PROVISION--THIS CHAPTER
(including rescission)
Sec. 3101. Of the funds made available in the second
paragraph under the heading ``Rural Utilities Service, Rural
Electrification and Telecommunications Loans Program
Account'' in chapter 1 of division B of the Department of
Defense, Emergency Supplemental Appropriations to Address
Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109-148; 119 Stat. 2746), the Secretary may
use an amount not to exceed $1,000,000 of remaining
unobligated funds for the cost of loan modifications to rural
electric loans made or guaranteed under the Rural
Electrification Act of 1936, to respond to damage caused by
any weather related events since Hurricane Katrina, to remain
available until expended: Provided, That $1,000,000 of the
remaining unobligated funds under such paragraph are
rescinded.
CHAPTER 2
DEPARTMENT OF COMMERCE
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for economic development
assistance as provided by section 3082(a) of the Water
Resources Development Act of 2007 (Public Law 110-114),
$75,000,000.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to economic
impacts associated with commercial fishery failures, fishery
resource disasters, and regulations on commercial fishing
industries, $75,000,000.
DEPARTMENT OF JUSTICE
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for ``State and Local Law
Enforcement Assistance'', for discretionary grants authorized
by subpart 2 of part E, of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 as in effect on
September 30, 2006, $75,000,000: Provided, That the amount
made available under this heading shall be for local law
enforcement initiatives in the Gulf Coast region related to
the aftermath of Hurricane Katrina.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
CONSTRUCTION
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, and for recovery from
other natural disasters $5,033,345,000, to remain available
until expended: Provided, That the Secretary of the Army is
directed to use $4,362,000,000 of the funds appropriated
under this heading to modify authorized projects in southeast
Louisiana to provide hurricane and storm damage reduction and
flood damage reduction in the greater New Orleans and
surrounding areas to provide the levels of protection
necessary to achieve the certification required for
participation in the National Flood Insurance Program under
the base flood elevations current at the time of this
construction; $1,657,000,000 shall be used for the Lake
Pontchartrain and Vicinity; $1,415,000,000 shall be used for
the West Bank and Vicinity project; and $1,290,000,000 shall
be for elements of the Southeast Louisiana Urban Drainage
project, that are within the geographic perimeter of the West
Bank and Vicinity and Lake Pontchartrain and Vicinity
projects to provide for interior drainage of runoff from
rainfall with a 10 percent annual exceedance probability:
Provided further, That none of this $4,362,000,000 shall
become available for obligation until October 1, 2008:
Provided further, That non-Federal cost allocations for these
projects shall be consistent with the cost-sharing provisions
under which the projects were originally constructed:
Provided further, That the $1,315,000,000 non-Federal cost
share for these projects shall be repaid in accordance with
provisions of section 103(k) of Public Law 99-662 over a
period of 30 years: Provided further, That the expenditure of
funds as provided above may be made without regard to
individual amounts or purposes except that any reallocation
of funds that are necessary to accomplish the established
goals are authorized, subject to the approval of the House
and Senate Committees on Appropriations: Provided further,
That the Secretary of the Army is directed to use
$604,745,000 of the funds appropriated under this heading to
provide hurricane and storm damage reduction, flood damage
reduction and ecosystem restoration along the Gulf Coast of
Mississippi and surrounding areas generally as described in
the Mobile District Engineer's Mississippi Coastal
Improvements Program Comprehensive Plan Report; $173,615,000
shall be used for ecosystem restoration projects; $4,550,000
shall be used for the Moss Point Municipal Relocation
project; $5,000,000 shall be used for the Waveland
Floodproofing project; $150,000 shall be used for the
Mississippi Sound Sub Aquatic Vegetation project; $15,430,000
shall be used for the Coast-wide Dune Restoration project;
$397,000,000 shall be used for the Homeowners Assistance and
Relocation project; and $9,000,000 shall be used for the
Forrest Heights Hurricane and Storm Damage Reduction project:
Provided further, That none of this $604,745,000 shall become
available for obligation until October 1, 2008: Provided
further, That these projects shall be initiated only after
non-Federal interests have entered into binding agreements
with the Secretary requiring the non-Federal interests to pay
100 percent of the operation, maintenance, repair,
replacement, and rehabilitation costs of the project and to
hold and save the United States free from damages due to the
construction or operation and maintenance of the project,
except for damages due to the fault or negligence of the
United States or its contractors: Provided further, That the
$211,661,000 non-Federal cost share for these projects shall
be repaid in accordance with the provisions of section 103(k)
of Public Law 99-662 over a period of 30 years: Provided
further, That the expenditure of funds as provided above may
be made without regard to individual amounts or purposes
except that any reallocation of funds that are necessary to
accomplish the established goals are authorized, subject to
the approval of the House and Senate Committees on
Appropriations: Provided further, That the Secretary of the
Army is directed to use $66,600,000 of the funds appropriated
under this heading to address emergency situations at Corps
of Engineers projects and rehabilitate and repair damages to
Corps projects caused by recent natural disasters: Provided
further, That the Chief of Engineers, acting through the
Assistant Secretary of the Army for Civil Works, shall
provide a monthly report to the House and Senate Committees
on Appropriations detailing the allocation and obligation of
these funds, beginning not later than 60 days after enactment
of this Act.
MISSISSIPPI RIVER AND TRIBUTARIES
For an additional amount for ``Mississippi River and
Tributaries'' for recovery from natural disasters,
$17,700,000, to remain available until expended to repair
damages to Federal projects caused by recent natural
disasters.
OPERATIONS AND MAINTENANCE
For an additional amount for ``Operations and Maintenance''
to dredge navigation channels and repair other Corps projects
related to natural disasters, $338,800,000, to remain
available until expended: Provided, That the Chief of
Engineers, acting through the Assistant Secretary of the Army
for Civil Works, shall provide a monthly report 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
[[Page H5636]]
further, That the Secretary of the Army, within available
funds, is directed to continue the NEPA alternative
evaluation of all options with particular attention to
Options 1, 2 and 2a of the report to Congress, dated August
30, 2007, provided in response to the requirements of chapter
3, section 4303 of Public Law 110-28, and within 90 days of
enactment of this Act provide the House and Senate Committees
on Appropriations cost estimates to implement Options 1, 2
and 2a of the above cited report: Provided further, That the
expenditure of funds as provided above may be made without
regard to individual amounts or purposes except that any
reallocation of funds that are necessary to accomplish the
established goals are authorized, subject to the approval of
the House and Senate Committees on Appropriations: Provided
further, That $348,000,000 of the amount provided under this
heading shall be used for barrier island restoration and
ecosystem restoration to restore historic levels of storm
damage reduction to the Mississippi Gulf Coast: Provided
further, That none of this $348,000,000 shall become
available for obligation until October 1, 2008: Provided
further, That this work shall be carried out at full Federal
expense: Provided further, That the Secretary of the Army is
directed to use $94,400,000 of the funds appropriated under
this heading to support emergency operations, to repair
eligible projects nationwide, and for other activities in
response to recent natural disasters: Provided further, That
the Chief of Engineers, acting through the Assistant
Secretary of the Army for Civil Works, shall provide a
monthly report to the House and Senate Committees on
Appropriations detailing the allocation and obligation of
these funds, beginning not later than 60 days after enactment
of this Act.
GENERAL EXPENSES
For an additional amount for ``General Expenses'' for
increased efforts by the Mississippi Valley Division to
oversee emergency response and recovery activities related to
the consequences of hurricanes in the Gulf of Mexico in 2005,
$1,500,000, to remain available until expended.
CHAPTER 4
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3401. Notwithstanding any other provision of law, and
not later than 30 days after the date of submission of a
request for a single payment, the Federal Emergency
Management Agency shall provide a single payment for any
eligible costs under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act for any police
station, fire station, or criminal justice facility that was
damaged by Hurricane Katrina of 2005 or Hurricane Rita of
2005: Provided, That nothing in this section may be construed
to alter the appeal or review process relating to assistance
provided under section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act: Provided further, That
the Federal Emergency Management Agency shall not reduce the
amount of assistance provided under section 406(c)(1) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act for such facilities.
Sec. 3402. Until such time as the updating of flood
insurance rate maps under section 19 of the Flood
Modernization Act of 2007 is completed (as determined by the
district engineer) for all areas located in the St. Louis
District of the Mississippi Valley Division of the Corps of
Engineers, the Administrator of the Federal Emergency
Management Agency shall not adjust the chargeable premium
rate for flood insurance under this section for any type or
class of property located in an area in that District nor
require the purchase of flood insurance for any type or class
of property located in an area in that District not subject
to such purchase requirement prior to the updating of such
national flood insurance program rate map: Provided, That for
purposes of this section, the term ``area'' does not include
any area (or subdivision thereof) that has chosen not to
participate in the flood insurance program under this section
as of the date of enactment of this Act.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Wildland Fire Management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$125,000,000, to remain available until expended, of which
$100,000,000 is for emergency wildland fire suppression
activities, and of which $25,000,000 is for rehabilitation
and restoration of Federal lands: Provided, That emergency
wildland fire suppression funds are also available for
repayment to other appropriations accounts from which funds
were transferred for wildfire suppression.
National Park Service
Historic Preservation Fund
For an additional amount for the ``Historic Preservation
Fund'', for expenses related to the consequences of Hurricane
Katrina, $15,000,000, to remain available until expended:
Provided, That the funds provided under this heading shall be
provided to the Louisiana State Historic Preservation
Officer, after consultation with the National Park Service,
for grants for restoration and rehabilitation at Jackson
Barracks: Provided further, That no more than 5 percent of
funds provided under this heading for disaster relief grants
may be used for administrative expenses.
ENVIRONMENTAL PROTECTION AGENCY
State and Tribal Assistance Grants
For an additional amount for ``State and Tribal Assistance
Grants'', for expenses related to the consequences of
Hurricane Katrina, $5,000,000, to remain available until
expended, for a grant to Cameron Parish, Louisiana, for
construction of drinking water, wastewater and storm water
infrastructure and for water quality protection: Provided,
That for purposes of this grant, the grantee shall contribute
not less than 45 percent of the cost of the project unless
the grantee is approved for a waiver by the Agency.
DEPARTMENT OF AGRICULTURE
Forest Service
Wildland Fire Management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$325,000,000, to remain available until expended, of which
$250,000,000 shall be available for emergency wildfire
suppression, and of which $75,000,000 shall be available for
rehabilitation and restoration of Federal lands and may be
transferred to other Forest Service accounts as necessary:
Provided, That emergency wildfire suppression funds are also
available for repayment to other appropriations accounts from
which funds were transferred for wildfire suppression.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare and Medicaid Services
For grants to States, consistent with section 6201(a)(4) of
the Deficit Reduction Act of 2005, to make payments as
defined by the Secretary in the methodology used for the
Provider Stabilization grants to those Medicare participating
general acute care hospitals, as defined in section 1886(d)
of the Social Security Act, and currently operating in
Jackson, Forrest, Hancock, and Harrison Counties of
Mississippi and Orleans and Jefferson Parishes of Louisiana
which continue to experience severe financial exigencies and
other economic losses attributable to Hurricane Katrina or
its subsequent flooding, and are in need of supplemental
funding to relieve the financial pressures these hospitals
face resulting from increased wage rates in hiring and
retaining staff in order to stabilize access to patient care,
$350,000,000, to be made available until September 30, 2010.
CHAPTER 7
MILITARY CONSTRUCTION
Military Construction, Army National Guard
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ``Military Construction, Army
National Guard'', $11,503,000, to remain available until
September 30, 2012: Provided, That such funds may be
obligated or expended for planning and design and military
construction projects not otherwise authorized by law:
Provided further, That of the funds appropriated for
``Military Construction, Army National Guard'' under Public
Law 109-234, $7,000,000 are hereby rescinded.
GENERAL PROVISION--THIS CHAPTER
Sec. 3701. Within the funds available in the Department of
Defense Family Housing Improvement Fund as credited in
accordance with 10 U.S.C. 2883(c), $10,500,000 shall be
available for use at the Naval Construction Battalion Center,
Gulfport, Mississippi, under the terms and conditions
specified by 10 U.S.C. 2883, to remain available until
expended.
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
Federal-aid Highways
EMERGENCY RELIEF PROGRAM
For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, for eligible disasters occurring in fiscal years 2005
to the present, $451,126,383, to remain available until
expended.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Permanent Supportive Housing
For the provision of permanent supportive housing units as
identified in the plan of the Louisiana Recovery Authority
and approved by the Secretary of Housing and Urban
Development, $73,000,000 to remain available until expended,
of which not less than $20,000,000 shall be for project-based
vouchers under section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(13)), not less than
$50,000,000 shall be for grants under the Shelter Plus Care
Program as authorized under subtitle F of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11403 et
seq.), and not more than $3,000,000 shall be for related
administrative expenses of the State of Louisiana or its
designee or designees: Provided, That the Secretary of
Housing and Urban Development shall, upon request, make funds
available under this paragraph to the State of Louisiana or
its designee or designees: Provided further, That
notwithstanding any other provision of law, for the purpose
of administering the amounts provided under this paragraph,
the State of Louisiana or its designee or designees may act
in all respects as a public housing agency as defined in
section 3(b)(6) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(6)): Provided further, That subparagraphs (B)
and (D) of section 8(o)(13) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(13)) shall not apply with respect
to vouchers made available under this paragraph.
Project-based Rental Assistance
For an additional amount to areas impacted by Hurricane
Katrina in the State of Mississippi for project-based
vouchers under section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)13)), $20,000,000, to remain
available until expended.
Housing Transition Assistance
For an additional amount to the State of Louisiana for case
management and housing transition services for families in
areas impacted by Hurricanes Katrina and Rita of 2005,
$3,000,000, to remain available until expended.
[[Page H5637]]
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.
``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)--
[[Page H5638]]
``(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).
``(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
[[Page H5639]]
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).
``(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.
[[Page H5640]]
``(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''.....
(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
[[Page H5641]]
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.
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''
[[Page H5642]]
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 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
[[Page H5643]]
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
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
[[Page H5644]]
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 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.
[[Page H5645]]
``(D) Ensuring bona fide investment.--
``(i) Physician owners in the aggregate do not own more
than the greater of--
``(I) 40 percent of the total value of the investment
interests held in the hospital or in an entity whose assets
include the hospital; or
``(II) the percentage of such total value determined on the
date of enactment of this subsection.
``(ii) Any ownership or investment interests that the
hospital offers to a physician owner are not offered on more
favorable terms than the terms offered to a person who is not
a physician owner.
``(iii) The hospital (or any investors in the hospital)
does not directly or indirectly provide loans or financing
for any physician owner investments in the hospital.
``(iv) The hospital (or any investors in the hospital) does
not directly or indirectly guarantee a loan, make a payment
toward a loan, or otherwise subsidize a loan, for any
individual physician owner or group of physician owners that
is related to acquiring any ownership interest in the
hospital.
``(v) Investment returns are distributed to each investor
in the hospital in an amount that is directly proportional to
the ownership interest of such investor in the hospital.
``(vi) Physician owners do not receive, directly or
indirectly, any guaranteed receipt of or right to purchase
other business interests related to the hospital, including
the purchase or lease of any property under the control of
other investors in the hospital or located near the premises
of the hospital.
``(vii) The hospital does not offer a physician owner the
opportunity to purchase or lease any property under the
control of the hospital or any other investor in the hospital
on more favorable terms than the terms offered to an
individual who is not a physician owner.
``(E) Patient safety.--
``(i) Insofar as the hospital admits a patient and does not
have any physician available on the premises to provide
services during all hours in which the hospital is providing
services to such patient, before admitting the patient--
``(I) the hospital discloses such fact to a patient; and
``(II) following such disclosure, the hospital receives
from the patient a signed acknowledgment that the patient
understands such fact.
``(ii) The hospital has the capacity to--
``(I) provide assessment and initial treatment for
patients; and
``(II) refer and transfer patients to hospitals with the
capability to treat the needs of the patient involved.
``(F) Limitation on application to certain converted
facilities.--The hospital was not converted from an
ambulatory surgical center to a hospital on or after the date
of enactment of this subsection.
``(2) Publication of information reported.--The Secretary
shall publish, and update on an annual basis, the information
submitted by hospitals under paragraph (1)(C)(i) on the
public Internet website of the Centers for Medicare &
Medicaid Services.
``(3) Exception to prohibition on expansion of facility
capacity.--
``(A) Process.--
``(i) Establishment.--The Secretary shall establish and
implement a process under which an applicable hospital (as
defined in subparagraph (E)) may apply for an exception from
the requirement under paragraph (1)(B).
``(ii) Opportunity for community input.--The process under
clause (i) shall provide individuals and entities in the
community that the applicable hospital applying for an
exception is located with the opportunity to provide input
with respect to the application.
``(iii) Timing for implementation.--The Secretary shall
implement the process under clause (i) on November 1, 2009.
``(iv) Regulations.--Not later than November 1, 2009, the
Secretary shall promulgate regulations to carry out the
process under clause (i).
``(B) Frequency.--The process described in subparagraph (A)
shall permit an applicable hospital to apply for an exception
up to once every 2 years.
``(C) Permitted increase.--
``(i) In general.--Subject to clause (ii) and subparagraph
(D), an applicable hospital granted an exception under the
process described in subparagraph (A) may increase the number
of operating rooms, procedure rooms, and beds of the
applicable hospital above the baseline number of operating
rooms, procedure rooms, and beds of the applicable hospital
(or, if the applicable hospital has been granted a previous
exception under this paragraph, above the number of operating
rooms, procedure rooms, and beds of the hospital after the
application of the most recent increase under such an
exception).
``(ii) Lifetime 100 percent increase limitation.--The
Secretary shall not permit an increase in the number of
operating rooms, procedure rooms, and beds of an applicable
hospital under clause (i) to the extent such increase would
result in the number of operating rooms, procedure rooms, and
beds of the applicable hospital exceeding 200 percent of the
baseline number of operating rooms, procedure rooms, and beds
of the applicable hospital.
``(iii) Baseline number of operating rooms, procedure
rooms, and beds.--In this paragraph, the term `baseline
number of operating rooms, procedure rooms, and beds' means
the number of operating rooms, procedure rooms, and beds of
the applicable hospital as of the date of enactment of this
subsection.
``(D) Increase limited to facilities on the main campus of
the hospital.--Any increase in the number of operating rooms,
procedure rooms, and beds of an applicable hospital pursuant
to this paragraph may only occur in facilities on the main
campus of the applicable hospital.
``(E) Applicable hospital.--In this paragraph, the term
``applicable hospital'' means a hospital--
``(i) that is located in a county in which the percentage
increase in the population during the most recent 5-year
period (as of the date of the application under subparagraph
(A)) is at least 150 percent of the percentage increase in
the population growth of the State in which the hospital is
located during that period, as estimated by Bureau of the
Census;
``(ii) whose annual percent of total inpatient admissions
that represent inpatient admissions under the program under
title XIX is equal to or greater than the average percent
with respect to such admissions for all hospitals located in
the county in which the hospital is located;
``(iii) that does not discriminate against beneficiaries of
Federal health care programs and does not permit physicians
practicing at the hospital to discriminate against such
beneficiaries;
``(iv) that is located in a State in which the average bed
capacity in the State is less than the national average bed
capacity; and
``(v) that has an average bed occupancy rate that is
greater than the average bed occupancy rate in the State in
which the hospital is located.
``(F) Procedure rooms.--In this subsection, the term
`procedure rooms' includes rooms in which catheterizations,
angiographies, angiograms, and endoscopies are performed,
except such term shall not include emergency rooms or
departments (exclusive of rooms in which catheterizations,
angiographies, angiograms, and endoscopies are performed).
``(G) Publication of final decisions.--Not later than 60
days after receiving a complete application under this
paragraph, the Secretary shall publish in the Federal
Register the final decision with respect to such application.
``(H) Limitation on review.--There shall be no
administrative or judicial review under section 1869, section
1878, or otherwise of the process under this paragraph
(including the establishment of such process).
``(4) Collection of ownership and investment information.--
For purposes of subparagraphs (A)(i) and (D)(i) of paragraph
(1), the Secretary shall collect physician ownership and
investment information for each hospital.
``(5) Physician owner defined.--For purposes of this
subsection, the term `physician owner' means a physician (or
an immediate family member of such physician) with a direct
or an indirect ownership interest in the hospital.''.
(b) Enforcement.--
(1) Ensuring compliance.--The Secretary of Health and Human
Services shall establish policies and procedures to ensure
compliance with the requirements described in subsection
(i)(1) of section 1877 of the Social Security Act, as added
by subsection (a)(3), beginning on the date such requirements
first apply. Such policies and procedures may include
unannounced site reviews of hospitals.
(2) Audits.--Beginning not later than January 1, 2010, the
Secretary of Health and Human Services shall conduct audits
to determine if hospitals violate the requirements referred
to in paragraph (1).
Sec. 6003. Medicare Improvement Fund.--
Title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) is amended by adding at the end the following new
section:
``medicare improvement fund
``Sec. 1898. (a) Establishment.--The Secretary shall
establish under this title a Medicare Improvement Fund (in
this section referred to as the `Fund') which shall be
available to the Secretary to make improvements under the
original fee-for-service program under parts A and B for
individuals entitled to, or enrolled for, benefits under part
A or enrolled under part B.
``(b) Funding.--
``(1) In general.--There shall be available to the Fund,
for expenditures from the Fund for services furnished during
fiscal year 2014, $3,340,000,000.
``(2) Payment from trust funds.--The amount specified under
paragraph (1) shall be available to the Fund, as expenditures
are made from the Fund, from the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund in such proportion as the Secretary determines
appropriate.
``(3) Funding limitation.--Amounts in the Fund shall be
available in advance of appropriations but only if the total
amount obligated from the Fund does not exceed the amount
available to the Fund under paragraph (1). The Secretary may
obligate funds 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
[[Page H5646]]
U.S.C. 1395w-4(l)(2)), as amended by section 101(a)(2) of the
Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public
Law 110-173), is amended--
(1) in subparagraph (A)(i)--
(A) in subclause (III), by striking ``$4,960,000,000'' and
inserting ``$3,940,000,000''; and
(B) by adding at the end the following new subclause:
``(IV) For expenditures during 2014, an amount equal to
$3,750,000,000.'';
(2) in subparagraph (A)(ii), by adding at the end the
following new subclause:
``(IV) 2014.--The amount available for expenditures during
2014 shall only be available for an adjustment to the update
of the conversion factor under subsection (d) for that
year.''; and
(3) in subparagraph (B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) 2014 for payment with respect to physicians'
services furnished during 2014.''.
TITLE VII--ACCOUNTABILITY AND COMPETITION IN GOVERNMENT CONTRACTING
CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE
short title
Sec. 7101. This chapter may be cited as the ``Close the
Contractor Fraud Loophole Act''.
revision of the federal acquisition regulation
Sec. 7102. The Federal Acquisition Regulation shall be
amended within 180 days after the date of the enactment of
this Act pursuant to FAR Case 2007-006 (as published at 72
Fed Reg. 64019, November 14, 2007) or any follow-on FAR case
to include provisions that require timely notification by
Federal contractors of violations of Federal criminal law or
overpayments in connection with the award or performance of
covered contracts or subcontracts, including those performed
outside the United States and those for commercial items.
definition
Sec. 7103. In this chapter, the term ``covered contract''
means any contract in an amount greater than $5,000,000 and
more than 120 days in duration.
CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY
short title
Sec. 7201. This chapter may be cited as the ``Government
Funding Transparency Act of 2008''.
financial disclosure requirements for certain recipients of federal
awards
Sec. 7202. (a) Disclosure Requirements.--Section 2(b)(1) of
the Federal Funding Accountability and Transparency Act
(Public Law 109-282; 31 U.S.C. 6101 note) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) the names and total compensation of the five most
highly compensated officers of the entity if--
``(i) the entity in the preceding fiscal year received--
``(I) 80 percent or more of its annual gross revenues in
Federal awards; and
``(II) $25,000,000 or more in annual gross revenues from
Federal awards; and
``(ii) the public does not have access to information about
the compensation of the senior executives of the entity
through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or section 6104 of the Internal Revenue Code of
1986.''.
(b) Regulations Required.--The Director of the Office of
Management and Budget shall promulgate regulations to
implement the amendment made by this chapter. Such
regulations shall include a definition of ``total
compensation'' that is consistent with regulations of the
Securities and Exchange Commission at section 402 of part 229
of title 17 of the Code of Federal Regulations (or any
subsequent regulation).
TITLE VIII
GENERAL PROVISIONS--THIS ACT
availability of funds
Sec. 8001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
emergency designation
Sec. 8002. Each amount in each title of this Act is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to subsections (a) and (b) of
section 204 of S. Con. Res. 21 (110th Congress), the
concurrent resolution on the budget for fiscal year 2008.
avoidance of u.s. payroll tax contributions
Sec. 8003. None of the funds in this Act may be used by any
Federal agency for a contract with any United States
corporation which hires United States employees through
foreign offshore subsidiaries for purposes of avoiding United
States payroll tax contributions for such employees.
EXPLANATORY STATEMENT
Sec. 8004. The explanatory statement printed in the Senate
section of the Congressional Record on May 19, 2008,
submitted by the Chairman of the Committee on Appropriations
of the Senate regarding the amendments of the Senate to the
House amendments to the Senate amendment to the bill H.R.
2642, making appropriations for military construction, the
Department of Veterans Affairs, and related agencies for the
fiscal year ending September 30, 2008, and for other
purposes, submitted by the Chairman of the Committee on
Appropriations of the Senate, shall have the same effect with
respect to the allocation of funds and implementation of
titles I through XIII of this Act as if it were a report to
the Senate on a bill reported by the Committee on
Appropriations.
short title
Sec. 8005. This Act may be cited as the ``Supplemental
Appropriations Act, 2008''.
Motion Offered by Mr. Obey
Mr. OBEY. Mr. Speaker, I offer the motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Motion offered by Mr. Obey:
Mr. Obey moves that the House concur in the Senate
amendment to House amendment numbered 1 to the Senate
amendment to H.R. 2642 and that the House concur in the
Senate amendment to House amendment numbered 2 to the Senate
amendment to H.R. 2642 with the amendment printed in House
Report 110-720.
The text of the House amendment to Senate amendment No. 2 to House
amendment No. 2 to the Senate amendment is as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment numbered 2 to the House amendment numbered 2 to the
Senate amendment to the bill H.R. 2642, insert the following:
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2008, and for other purposes,
namely:
TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL
AFFAIRS, AND OTHER SECURITY-RELATED MATTERS
CHAPTER 1--AGRICULTURE
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
public law 480 title ii grants
For an additional amount for ``Public Law 480 Title II
Grants'', $850,000,000, to remain available until expended.
For an additional amount for ``Public Law 480 Title II
Grants'', $395,000,000, to become available on October 1,
2008, and to remain available until expended.
CHAPTER 2--JUSTICE
DEPARTMENT OF JUSTICE
Office of Inspector General
For an additional amount for ``Office of Inspector
General'', $4,000,000, to remain available until September
30, 2009.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses,
General Legal Activities'', $1,648,000, to remain available
until September 30, 2009.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $5,000,000, to remain available
until September 30, 2009.
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$28,621,000, to remain available until September 30, 2009.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$106,122,000, to remain available until September 30, 2009.
For an additional amount for ``Salaries and Expenses'',
$82,600,000, to become available on October 1, 2008, and to
remain available until September 30, 2009.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$29,861,000, to remain available until September 30, 2009.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$4,000,000, to remain available until September 30, 2009.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$9,100,000, to remain available until September 30, 2009.
GENERAL PROVISION, THIS CHAPTER
Sec. 1201. Funds appropriated by this chapter, or made
available by the transfer of funds in this chapter, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
414).
CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $1,108,200,000, of which
[[Page H5647]]
$921,000,000 shall remain available until September 30, 2009,
and of which $187,200,000 for child development centers and
trainee and recruit facilities (including planning and
design) shall remain available until September 30, 2012:
Provided, That notwithstanding any other provision of law,
such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $73,400,000
shall be available for study, planning, design, and architect
and engineer services: Provided further, That funds provided
under this heading for Iraq shall not be obligated or
expended until the Secretary of Defense certifies to the
Committees on Appropriations of both Houses of Congress that
none of the funds are to be used for the purpose of providing
facilities for the permanent basing of United States military
personnel in Iraq.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $355,907,000, of which $295,516,000 shall
remain available until September 30, 2009, and of which
$60,391,000 for child development centers and trainee and
recruit facilities (including planning and design) shall
remain available until September 30, 2012: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by
law: Provided further, That of the funds provided under this
heading, not to exceed $15,843,000 shall be available for
study, planning, design, and architect and engineer services.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $399,627,000, of which $361,600,000 shall remain
available until September 30, 2009, and of which $38,027,000
for child development centers (including planning and design)
shall remain available until September 30, 2012: Provided,
That notwithstanding any other provision of law, such funds
may be obligated and expended to carry out planning and
design and military construction projects not otherwise
authorized by law: Provided further, That of the funds
provided under this heading, not to exceed $36,427,000 shall
be available for study, planning, design, and architect and
engineer services: Provided further, That funds provided
under this heading for Iraq shall not be obligated or
expended until the Secretary of Defense certifies to the
Committees on Appropriations of both Houses of Congress that
none of the funds are to be used for the purpose of providing
facilities for the permanent basing of United States military
personnel in Iraq.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $890,921,000, of which $27,600,000 shall
remain available until September 30, 2009, and of which
$863,321,000 for medical treatment facilities (including
planning and design) shall remain available until September
30, 2012: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law.
Family Housing Construction, Navy and Marine Corps
For an additional amount for ``Family Housing
Construction, Navy and Marine Corps'', $11,766,000, to remain
available until September 30, 2009: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by
law.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $1,278,886,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, such funds may be obligated and expended to carry out
planning and design and military construction projects not
otherwise authorized by law.
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
general operating expenses
For an additional amount for ``General Operating
Expenses'', $100,000,000, to remain available until September
30, 2009.
information technology systems
For an additional amount for ``Information Technology
Systems'', $20,000,000, to remain available until September
30, 2009.
construction, major projects
For an additional amount for ``Construction, Major
Projects'', $396,377,000, to remain available until expended,
which shall be for acceleration and completion of planned
major construction of Level I polytrauma rehabilitation
centers as identified in the Department of Veterans Affairs'
Five Year Capital Plan: Provided, That notwithstanding any
other provision of law, such funds may be obligated and
expended to carry out planning and design and major medical
facility construction not otherwise authorized by law:
Provided further, That within 30 days of enactment of this
Act the Secretary shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this heading.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1301. In addition to amounts otherwise appropriated
or made available under the heading ``Military Construction,
Army'', there is hereby appropriated an additional
$200,000,000, to remain available until September 30, 2012,
to accelerate barracks improvements at Department of Army
installations: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and barracks construction not
otherwise authorized by law: Provided further, That within 30
days of enactment of this Act the Secretary of the Army shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for barracks construction prior
to obligation.
Sec. 1302. None of the funds appropriated in this or any
other Act may be used to disestablish, reorganize, or
relocate the Armed Forces Institute of Pathology, except for
the Armed Forces Medical Examiner, until the President has
established, as required by section 722 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint
Pathology Center.
Sec. 1303. (a) Limitation on Authority.--
(1) In general.--Chapter 53 of title 38, United States
Code, is amended by inserting after section 5302 the
following new section:
``Sec. 5302A Collection of indebtedness: certain debts of
members of the Armed Forces and veterans who die of injury
incurred or aggravated in the line of duty in a combat zone
``(a) Limitation on Authority.--The Secretary may not
collect all or any part of an amount owed to the United
States by a member of the Armed Forces or veteran described
in subsection (b) under any program under the laws
administered by the Secretary, other than a program referred
to in subsection (c), if the Secretary determines that
termination of collection is in the best interest of the
United States.
``(b) Covered Individuals.--A member of the Armed Forces or
veteran described in this subsection is any member or veteran
who dies as a result of an injury incurred or aggravated in
the line of duty while serving in a theater of combat
operations (as determined by the Secretary in consultation
with the Secretary of Defense) in a war or in combat against
a hostile force during a period of hostilities (as that term
is defined in section 1712A(a)(2)(B) of this title) after
September 11, 2001.
``(c) Inapplicability to Housing and Small Business Benefit
Programs.--The limitation on authority in subsection (a)
shall not apply to any amounts owed the United States under
any program carried out under chapter 37 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by inserting
after the item relating to section 5302 the following new
item:
``5302A. Collection of indebtedness: certain debts of members of the
Armed Forces and veterans who die of injury incurred or
aggravated in the line of duty in a combat zone.''.
(b) Equitable Refund.--In any case where all or any part of
an indebtedness of a covered individual, as described in
section 5302A(a) of title 38, United States Code, as added by
subsection (a)(1), was collected after September 11, 2001,
and before the date of the enactment of this Act, and the
Secretary of Veterans Affairs determines that such
indebtedness would have been terminated had such section been
in effect at such time, the Secretary may refund the amount
so collected if the Secretary determines that the individual
is equitably entitled to such refund.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to collections of indebtedness
of members of the Armed Forces and veterans who die on or
after September 11, 2001.
(d) Short Title.--This section may be cited as the ``Combat
Veterans Debt Elimination Act of 2008''.
CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular
Programs'', $1,465,700,000, to remain available until
September 30, 2009, of which $210,400,000 is for worldwide
security protection and shall remain available until
expended: Provided, That not more than $1,150,000,000 of the
funds appropriated under this heading shall be available for
diplomatic operations in Iraq: Provided further, That of the
funds appropriated under this heading, not more than
$30,000,000 shall be made available to establish and
implement a coordinated civilian response capacity at the
United States Department of State.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $9,500,000, to remain available until September
30, 2009: Provided, That
[[Page H5648]]
$2,500,000 shall be transferred to the Special Inspector
General for Iraq Reconstruction for reconstruction oversight,
and $2,000,000 shall be transferred to the Special Inspector
General for Afghanistan Reconstruction for reconstruction
oversight.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $76,700,000, to remain
available until expended, for facilities in Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $66,000,000, to remain
available until September 30, 2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $373,708,000, to
remain available until September 30, 2009, of which
$333,600,000 shall be made available for the United Nations-
African Union Hybrid Mission in Darfur.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $2,000,000, to remain available until September
30, 2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $220,000,000, to remain available until
expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$150,500,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading,
not more than $25,000,000 shall be made available to
establish and implement a coordinated civilian response
capacity at the United States Agency for International
Development.
operating expenses of the united states agency for international
development office of inspector general
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $4,000,000, to remain available until
September 30, 2009.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,882,500,000, to remain available until September 30, 2009,
of which not more than $424,000,000 may be made available for
assistance for Iraq, $175,000,000 shall be made available for
assistance for Jordan to meet the needs of Iraqi refugees,
and up to $53,000,000 may be made available for energy-
related assistance for North Korea, notwithstanding any other
provision of law: Provided, That not more than $171,000,000
of the funds appropriated under this heading in this
subchapter shall be made available for assistance for the
West Bank and Gaza and none of such funds shall be for cash
transfer assistance: Provided further, That of the funds
appropriated under this heading, $1,000,000 shall be made
available for the Office of the United Nations High
Commissioner for Human Rights in Mexico: Provided further,
That the funds made available under this heading for energy-
related assistance for North Korea may be made available to
support the goals of the Six Party Talks Agreements after the
Secretary of State determines and reports to the Committees
on Appropriations that North Korea is continuing to fulfill
its commitments under such agreements.
Department of State
democracy fund
For an additional amount for ``Democracy Fund'',
$76,000,000, to remain available until September 30, 2009, of
which $75,000,000 shall be for democracy programs in Iraq and
$1,000,000 shall be for democracy programs in Chad.
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $390,300,000, to remain
available until September 30, 2009, of which not more than
$25,000,000 shall be made available for security assistance
for the West Bank.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $315,000,000, to remain available until
expended.
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $31,000,000, to
remain available until expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $13,700,000, to
remain available until September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $137,500,000, to remain available until September
30, 2009, of which $17,000,000 shall be made available for
assistance for Jordan and up to $116,500,000 may be made
available for assistance for Mexico.
Not more than $1,350,000 of the funds appropriated or
otherwise made available under the heading ``Foreign Military
Financing Program'' by the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161) that were previously
transferred to and merged with ``Diplomatic and Consular
Programs'' may be made available for any purposes authorized
for that account, of which up to $500,000 shall be made
available to increase the capacity of the United States
Embassy in Mexico City to implement section 620J of the
Foreign Assistance Act of 1961: Provided, That funds made
available by this paragraph shall not be subject to Section
8002 of this Act.
SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
2009
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular
Programs'', $704,900,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009: Provided, That of the funds appropriated under this
heading, $78,400,000 is for worldwide security protection and
shall remain available until expended: Provided further, That
not more than $550,500,000 of the funds appropriated under
this heading shall be available for diplomatic operations in
Iraq.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $57,000,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009: Provided, That $36,500,000 shall be transferred to the
Special Inspector General for Iraq Reconstruction for
reconstruction oversight and $5,000,000 shall be transferred
to the Special Inspector General for Afghanistan
Reconstruction for reconstruction oversight.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $41,300,000, which shall
become available on October 1, 2008, and remain available
until expended, for facilities in Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $75,000,000, which shall
become available on October 1, 2008, and remain available
through September 30, 2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $150,500,000, which
shall become available on October 1, 2008, and remain
available through September 30, 2009.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $6,000,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health and child survival
For an additional amount for ``Global Health and Child
Survival'', $75,000,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009, for programs to combat avian influenza.
development assistance
For an additional amount for ``Development Assistance'',
$200,000,000, for assistance for developing countries to
address the international food crisis notwithstanding any
other provision of law, which shall become available on
October 1, 2008, and remain available through September 30,
2010: Provided, That such assistance should be carried out
consistent with the purposes of section 103(a)(1) of the
Foreign Assistance Act of 1961: Provided further, That not
more than $50,000,000 should be made available for local or
regional purchase and distribution of food: Provided further,
That the Secretary of State shall submit to the Committees on
Appropriations not later than 45 days after enactment of this
Act, and prior to the initial obligation of funds
appropriated under this heading, a report on the proposed
uses of such funds to alleviate hunger and malnutrition,
including a list of those countries facing significant food
shortages.
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $200,000,000, which shall become available on
October 1, 2008, and remain available until expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the
United States Agency for
[[Page H5649]]
International Development'', $93,000,000, which shall become
available on October 1, 2008, and remain available through
September 30, 2009.
operating expenses of the united states agency for international
development office of inspector general
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $1,000,000, which shall become available
on October 1, 2008, and remain available through September
30, 2009.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,124,800,000, which shall become available on October 1,
2008, and remain available through September 30, 2009, of
which not more than $102,500,000 may be made available for
assistance for Iraq, $100,000,000 shall be made available for
assistance for Jordan, not more than $455,000,000 may be made
available for assistance for Afghanistan, not more than
$150,000,000 may be made available for assistance for
Pakistan, not more than $150,000,000 shall be made available
for assistance for the West Bank and Gaza, and $15,000,000
may be made available for energy-related assistance for North
Korea, notwithstanding any other provision of law.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $199,000,000, which shall
become available on October 1, 2008, and remain available
through September 30, 2009: Provided, That not more than
$50,000,000 of the funds appropriated under this heading
shall be made available for security assistance for the West
Bank and up to $48,000,000 may be made available for
assistance for Mexico.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $350,000,000, which shall become available on
October 1, 2008, and remain available until expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $4,500,000, for
humanitarian demining assistance for Iraq, which shall become
available on October 1, 2008, and remain available through
September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $302,500,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009, of which $100,000,000 shall be made available for
assistance for Jordan, and not less than $170,000,000 shall
be available for grants only for Israel and shall be
disbursed not later than November 1, 2008: Provided, That
section 3802(c) of title III, chapter 8 of Public Law 110-28
shall apply to funds made available under this heading for
assistance for Lebanon.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$95,000,000, which shall become available on October 1, 2008,
and remain available through September 30, 2009.
SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER
extension of authorities
Sec. 1401. Funds appropriated by this chapter may be
obligated and expended notwithstanding section 10 of Public
Law 91-672 (22 U.S.C. 2412), section 15 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
iraq
Sec. 1402. (a) Asset Transfer Agreement.--
(1) None of the funds appropriated by this chapter for
infrastructure maintenance activities in Iraq may be made
available until the Secretary of State certifies and reports
to the Committees on Appropriations that the Governments of
the United States and Iraq have entered into, and are
implementing, an asset transfer agreement that includes
commitments by the Government of Iraq to maintain United
States-funded infrastructure in Iraq.
(2) None of the funds appropriated by this chapter may be
made available for the construction of prison facilities in
Iraq.
(b) Anti-Corruption.--Not more than 40 percent of the funds
appropriated by this chapter for rule of law programs in Iraq
may be made available for assistance for the Government of
Iraq until the Secretary of State reports to the Committees
on Appropriations that a comprehensive anti-corruption
strategy has been developed, and is being implemented, by the
Government of Iraq, and the Secretary of State submits a
list, in classified form if necessary, to the Committees on
Appropriations of senior Iraqi officials who the Secretary
has credible evidence to believe have committed corrupt acts.
(c) Provincial Reconstruction Teams.--None of the funds
appropriated by this chapter for the operational or program
expenses of Provincial Reconstruction Teams (PRTs) in Iraq
may be made available until the Secretary of State submits a
report to the Committees on Appropriations detailing--
(1) the strategy for the eventual winding down and close
out of PRTs;
(2) anticipated costs associated with PRT operations,
programs, and eventual winding down and close out, including
security for PRT personnel and anticipated Government of Iraq
contributions; and
(3) anticipated placement and cost estimates of future
United States Consulates in Iraq.
(d) Community Stabilization Program.--Not more than 50
percent of the funds appropriated by this chapter for the
Community Stabilization Program in Iraq may be made available
until the Secretary of State certifies and reports to the
Committees on Appropriations that the United States Agency
for International Development is implementing recommendations
contained in Office of Inspector General Audit Report No. E-
267-08-001-P to ensure accountability of funds.
(e) Matching Requirement.--
(1) Notwithstanding any other provision of law, funds
appropriated by this chapter for assistance for Iraq shall be
made available only to the extent that the Government of Iraq
matches such assistance on a dollar-for-dollar basis.
(2) Paragraph (1) shall not apply to funds made available
for--
(A) grants and cooperative agreements for programs to
promote democracy and human rights;
(B) the Community Action Program and other assistance
through civil society organizations;
(C) humanitarian demining; or
(D) assistance for refugees, internally displaced persons,
and civilian victims of the military operations.
(3) The Secretary of State shall certify to the Committees
on Appropriations prior to the initial obligation of funds
pursuant to this section that the Government of Iraq has
committed to obligate matching funds on a dollar-for-dollar
basis. The Secretary shall submit a report to the Committees
on Appropriations not later than September 30, 2008, and 180
days thereafter, detailing the amounts of funds obligated and
expended by the Government of Iraq to meet the requirements
of this section.
(4) Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the amounts provided by the
Government of Iraq since June 30, 2004, to assist Iraqi
refugees in Syria, Jordan, and elsewhere, and the amount of
such assistance the Government of Iraq plans to provide in
fiscal year 2008. The Secretary shall work expeditiously with
the Government of Iraq to establish an account within its
annual budget sufficient to, at a minimum, match United
States contributions on a dollar-for-dollar basis to
organizations and programs for the purpose of assisting Iraqi
refugees.
afghanistan
Sec. 1403. (a) Assistance for Women and Girls.--Funds
appropriated by this chapter under the heading ``Economic
Support Fund'' that are available for assistance for
Afghanistan shall be made available, to the maximum extent
practicable, through local Afghan provincial and municipal
governments and Afghan civil society organizations and in a
manner that emphasizes the participation of Afghan women and
directly improves the economic, social and political status
of Afghan women and girls.
(b) Higher Education.--Of the funds appropriated by this
chapter under the heading ``Economic Support Fund'' that are
made available for education programs in Afghanistan, not
less than 50 percent shall be made available to support
higher education and vocational training programs in law,
accounting, engineering, public administration, and other
disciplines necessary to rebuild the country, in which the
participation of women is emphasized.
(c) Post-Operations Assistance.--Of the funds appropriated
by this chapter under the heading ``Economic Support Fund''
that are available for assistance for Afghanistan, not less
than $2,000,000 shall be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund.
(d) Anti-Corruption.--Not later than 90 days after the
enactment of this Act, the Secretary of State shall--
(1) submit a report to the Committees on Appropriations on
actions being taken by the Government of Afghanistan to
combat corruption within the national and provincial
governments, including to remove and prosecute officials who
have committed corrupt acts;
(2) submit a list to the Committees on Appropriations, in
classified form if necessary, of senior Afghan officials who
the Secretary has credible evidence to believe have committed
corrupt acts; and
(3) certify and report to the Committees on Appropriations
that effective mechanisms are in place to ensure that
assistance to national government ministries and provincial
governments will be properly accounted for.
west bank
Sec. 1404. Not later than 90 days after the date of
enactment of this Act and 180 days thereafter, the Secretary
of State shall submit to the Committees on Appropriations a
report on assistance provided by the United States for the
training of Palestinian security forces, including detailed
descriptions of
[[Page H5650]]
the training, curriculum, and equipment provided; an
assessment of the training and the performance of forces
after training has been completed; and a description of the
assistance that has been pledged and provided to Palestinian
security forces by other donors: Provided, That not later
than 90 days after the date of enactment of this Act, the
Secretary of State shall report to the Committees on
Appropriations, in classified form if necessary, on the
security strategy of the Palestinian Authority.
waiver of certain sanctions against north korea
Sec. 1405. (a) Waiver Authority.--
(1) In general.--Except as provided in subsection (b), the
President may waive in whole or in part, with respect to
North Korea, the application of any sanction contained in
subparagraph (A), (B), (D) or (G) under section 102(b)(2) of
the Arms Export Control Act (22 U.S.C. 2799aa-1(b)), for the
purpose of providing assistance related to--
(A) the implementation and verification of the compliance
by North Korea with its commitment, undertaken in the Joint
Statement of September 19, 2005, to abandon all nuclear
weapons and existing nuclear programs as part of the
verifiable denuclearization of the Korean Peninsula; and
(B) the elimination of the capability of North Korea to
develop, deploy, transfer, or maintain weapons of mass
destruction and their delivery systems.
(2) Limitation.--The authority under paragraph (1) shall
expire 5 years after the date of enactment of this Act.
(b) Exceptions.--
(1) Limited exception related to certain sanctions and
prohibitions.--The authority under subsection (a) shall not
apply with respect to a sanction or prohibition under
subparagraph (B) or (G) of section 102(b)(2) of the Arms
Export Control Act, unless the President determines and
certifies to the appropriate congressional committees that--
(A) all reasonable steps will be taken to assure that the
articles or services exported or otherwise provided will not
be used to improve the military capabilities of the armed
forces of North Korea; and
(B) such waiver is in the national security interests of
the United States.
(2) Limited exception related to certain activities.--
Unless the President determines and certifies to the
appropriate congressional committees that using the authority
under subsection (a) is vital to the national security
interests of the United States, such authority shall not
apply with respect to--
(A) an activity described in subparagraph (A) of section
102(b)(1) of the Arms Export Control Act that occurs after
September 19, 2005, and before the date of the enactment of
this Act;
(B) an activity described in subparagraph (C) of such
section that occurs after September 19, 2005; or
(C) an activity described in subparagraph (D) of such
section that occurs after the date of enactment of this Act.
(3) Exception related to certain activities occurring after
date of enactment.--The authority under subsection (a) shall
not apply with respect to an activity described in
subparagraph (A) or (B) of section 102(b)(1) of the Arms
Export Control Act that occurs after the date of the
enactment of this Act.
(4) Limited exception related to lethal weapons.--The
authority under subsection (a) shall not apply with respect
to any export of lethal defense articles that would be
prevented by the application of section 102(b)(2) of the Arms
Export Control Act.
(c) Notifications and Reports.--
(1) Congressional notification.--The President shall notify
the appropriate congressional committees in writing not later
than 15 days before exercising the waiver authority under
subsection (a).
(2) Annual report.--Not later than January 31, 2009, and
annually thereafter, the President shall submit to the
appropriate congressional committees a report that--
(A) lists all waivers issued under subsection (a) during
the preceding year;
(B) describes in detail the progress that is being made in
the implementation of the commitment undertaken by North
Korea, in the Joint Statement of September 19, 2005, to
abandon all nuclear weapons and existing nuclear programs as
part of the verifiable denuclearization of the Korean
Peninsula;
(C) discusses specifically any shortcomings in the
implementation by North Korea of that commitment; and
(D) lists and describes the progress and shortcomings, in
the preceding year, of all other programs promoting the
elimination of the capability of North Korea to develop,
deploy, transfer, or maintain weapons of mass destruction or
their delivery systems.
(3) Report on verification measures relating to north
korea's nuclear programs.--
(A) In general.--Not later than 15 days after the date of
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on
verification measures relating to North Korea's nuclear
programs under the Six-Party Talks Agreement of February 13,
2007, with specific focus on how such verification measures
are defined under the Six-Party Talks Agreement and
understood by the United States Government.
(B) Matters to be included.--The report required under
subsection (A) shall include, among other elements, a
description of--
(i) how the United States will confirm that North Korea has
``provided a complete and correct declaration of all of its
nuclear programs'';
(ii) how the United States will maintain a high and ongoing
level of confidence that North Korea has fully met the terms
of the Six-Party Talks Agreement relating to its nuclear
programs;
(iii) any diplomatic agreement with North Korea regarding
verification measures relating to North Korea's nuclear
programs under the Six-Party Talks Agreement (other than
implementing arrangements made during on-site operations);
and
(iv) any significant and continuing disagreement with North
Korea regarding verification measures relating to North
Korea's nuclear programs under the Six-Party Talks Agreement.
(C) Form.--The report required under subsection (A) shall
be submitted in unclassified form, but may include a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives.
mexico
Sec. 1406. (a) Assistance for Mexico.--Of the funds
appropriated under the headings ``International Narcotics
Control and Law Enforcement'', ``Foreign Military Financing
Program'', and ``Economic Support Fund'' in this chapter, not
more than $352,000,000 of the funds appropriated in
subchapter A and $48,000,000 of the funds appropriated in
subchapter B may be made available for assistance for Mexico,
only to combat drug trafficking and related violence and
organized crime, and for judicial reform, institution
building, anti-corruption, and rule of law activities, of
which not less than $73,500,000 shall be used for judicial
reform, institution building, anti-corruption, and rule of
law activities: Provided, That none of the funds made
available under this section shall be made available for
budget support or as cash payments: Provided further, That
not more than 45 days after enactment of this Act, and after
consulting with relevant Mexican Government authorities, the
Secretary of State shall report in writing to the Committees
on Appropriations on the procedures in place to implement
section 620J of the Foreign Assistance Act of 1961.
(b) Allocation of Funds.--Fifteen percent of the funds made
available in this chapter for assistance for Mexico under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' may
not be obligated until the Secretary of State reports in
writing to the Committees on Appropriations that the
Government of Mexico is--
(1) improving the transparency and accountability of
federal police forces and working with state and municipal
authorities to improve the transparency and accountability of
state and municipal police forces through mechanisms
including establishing police complaints commissions with
authority and independence to receive complaints and carry
out effective investigations;
(2) establishing a mechanism for regular consultations
among relevant Mexican Government authorities, Mexican human
rights organizations and other relevant Mexican civil society
organizations, to make recommendations concerning
implementation of the Merida Initiative in accordance with
Mexican and international law;
(3) ensuring that civilian prosecutors and judicial
authorities are investigating and prosecuting, in accordance
with Mexican and international law, members of the federal
police and military forces who have been credibly alleged to
have committed violations of human rights, and the federal
police and military forces are fully cooperating with the
investigations; and
(4) enforcing the prohibition, in accordance with Mexican
and international law, on the use of testimony obtained
through torture or other ill-treatment.
(c) Exception.--Notwithstanding subsection (b), of the
funds appropriated by subchapter A for assistance for Mexico
under the heading ``International Narcotics Control and Law
Enforcement'', $3,000,000 shall be made available for
technical and other assistance to enable the Government of
Mexico to implement a unified national registry of federal,
state, and municipal police officers.
(d) Report.--The report required in subsection (b) shall
include a description of actions taken with respect to each
requirement and the cases or issues brought to the attention
of the Secretary of State for which the response or action
taken has been inadequate.
(e) Notification.--Funds made available for Mexico by this
chapter shall be subject to the regular notification
procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-
1).
(f) Spending Plan.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a detailed
spending plan for funds appropriated or otherwise made
available for Mexico by this chapter, which shall include a
strategy, developed after consulting with relevant Mexican
Government authorities, for combating drug trafficking and
related violence and organized crime, judicial reform,
institution
[[Page H5651]]
building, anti-corruption, and rule of law activities, with
concrete goals, actions to be taken, budget proposals, and
anticipated results.
central america
Sec. 1407. (a) Assistance for the Countries of Central
America.--Of the funds appropriated in subchapter A under the
headings ``International Narcotics Control and Law
Enforcement'', ``Foreign Military Financing Program'',
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'', and ``Economic Support Fund'', $65,000,000 may be
made available for assistance for the countries of Central
America, Haiti, and the Dominican Republic only to combat
drug trafficking and related violence and organized crime,
and for judicial reform, institution building, anti-
corruption, rule of law activities, and maritime security:
Provided, That of the funds appropriated under the heading
``Economic Support Fund'', $25,000,000 shall be made
available for an Economic and Social Development Fund for
Central America, of which $20,000,000 shall be made available
through the United States Agency for International
Development and $5,000,000 shall be made available through
the Department of State for educational exchange programs:
Provided further, That of the funds appropriated in
subchapter A under the heading ``International Narcotics
Control and Law Enforcement'', $2,500,000 shall be made
available for assistance for Haiti, $2,500,000 shall be made
available for assistance for the Dominican Republic, and
$1,000,000 shall be made available for a United States
contribution to the International Commission Against Impunity
in Guatemala: Provided further, That none of the funds shall
be made available for budget support or as cash payments:
Provided further, That not more than 45 days after enactment
of this Act, the Secretary of State shall report in writing
to the Committees on Appropriations on the procedures in
place to implement section 620J of the Foreign Assistance Act
of 1961.
(b) Allocation of Funds.--Fifteen percent of the funds made
available by this chapter for assistance for the countries of
Central America, Haiti and the Dominican Republic under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' may
not be obligated until the Secretary of State reports in
writing to the Committees on Appropriations that the
government of such country is--
(1) establishing police complaints commissions with
authority and independence to receive complaints and carry
out effective investigations;
(2) implementing reforms to improve the capacity and ensure
the independence of the judiciary; and
(3) investigating and prosecuting members of the federal
police and military forces who have been credibly alleged to
have committed violations of human rights.
(c) Report.--The report required in subsection (b) shall
include actions taken with respect to each requirement and
the cases or issues brought to the attention of the Secretary
of State for which the response or action taken has been
inadequate.
(d) Notification.--Funds made available for assistance for
the countries of Central America, Haiti and the Dominican
Republic in subchapter A shall be subject to the regular
notification procedures of the Committees on Appropriations
and section 634A of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1).
(e) Spending Plan.--Not later than 45 days after enactment
of this Act, the Secretary of State shall submit to the
Committees on Appropriations a detailed spending plan for
funds appropriated or otherwise made available for the
countries of Central America, Haiti and the Dominican
Republic in subchapter A, which shall include a strategy for
combating drug trafficking and related violence and organized
crime, judicial reform, institution building, anti-
corruption, and rule of law activities, with concrete goals,
actions to be taken, budget proposals and anticipated
results.
(f) Definition.--For the purposes of this section, the term
``countries of Central America'' means Belize, Costa Rica, El
Salvador, Guatemala, Honduras, Nicaragua, and Panama.
buying power maintenance account
(including transfers of funds)
Sec. 1408. (a) Of the funds appropriated under the heading
``Diplomatic and Consular Programs'' and allocated by section
3810 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007
(Public Law 110-28), $26,000,000 shall be transferred to and
merged with funds in the ``Buying Power Maintenance
Account'': Provided, That of the funds made available by this
chapter up to an additional $74,000,000 may be transferred to
and merged with the ``Buying Power Maintenance Account'',
subject to the regular notification procedures of the
Committees on Appropriations and in accordance with the
procedures in section 34 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2706). Any funds
transferred pursuant to this section shall be available,
without fiscal year limitation, pursuant to section 24 of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2696).
(b) Section 24(b)(7) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by
amending subparagraph (D) to read as follows:
``(D) The authorities contained in this paragraph may be
exercised only with respect to funds appropriated or
otherwise made available after fiscal year 2008.''.
(c) The Broadcasting Board of Governors may transfer funds
into its Buying Power Maintenance Account, notwithstanding
the requirement that such funds be provided in advance in
appropriations Acts. The authority in this subsection may be
exercised only with respect to funds appropriated or
otherwise made available after fiscal year 2008.
serbia
Sec. 1409. Of the funds made available under the heading
``Assistance for Eastern Europe and the Baltic States'' by
title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of
Public Law 110-161), an amount equivalent to the unpaid costs
of damage to the United States Embassy in Belgrade, Serbia,
as estimated by the Secretary of State, resulting from the
February 21, 2008 attack on such Embassy, shall be withheld
from obligation for assistance for the central government of
Serbia if the Secretary of State reports to the Committees on
Appropriations that the Government of Serbia has failed to
provide full compensation to the Department of State for
damages to the United States Embassy resulting from the
February 21, 2008 attack on such embassy. Section 8002 of
this Act shall not apply to this section.
rescissions
Sec. 1410. (a) World Food Program.--
(1) For an additional amount for a contribution to the
World Food Program to assist farmers in countries affected by
food shortages to increase crop yields, notwithstanding any
other provision of law, $20,000,000, to remain available
until expended.
(2) Of the funds appropriated under the heading ``Andean
Counterdrug Initiative'' in prior Acts making appropriations
for foreign operations, export financing, and related
programs, $20,000,000 are rescinded.
(b) Sudan.--
(1) For an additional amount for ``International Narcotics
Control and Law Enforcement'', $10,000,000, for assistance
for Sudan to support formed police units, to remain available
until September 30, 2009, and subject to prior consultation
with the Committees on Appropriations.
(2) Of the funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' in
prior Acts making appropriations for foreign operations,
export financing, and related programs, $10,000,000 are
rescinded.
(c) Rescission.--Of the unobligated balances of funds
appropriated for ``Iraq Relief and Reconstruction Fund'' in
prior Acts making appropriations for foreign operations,
export financing, and related programs, $50,000,000 are
rescinded.
(d) Exception.--Section 8002 of this Act shall not apply to
subsections (a) and (b) of this section.
darfur peacekeeping
Sec. 1411. Funds appropriated under the headings ``Foreign
Military Financing Program'' and ``Peacekeeping Operations''
by the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law
110-161) and by prior Acts making appropriations for foreign
operations, export financing, and related programs may be
used to transfer, equip, upgrade, refurbish or lease
helicopters or related equipment necessary to support the
operations of the African Union/United Nations peacekeeping
operation in Darfur, Sudan, that was established pursuant to
United Nations Security Council Resolution 1769. The
President may utilize the authority of sections 506 or 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 2321j) or
section 61 of the Arms Export Control Act (22 U.S.C. 2796) in
order to provide such support, notwithstanding any other
provision of law except for sections 502B(a)(2), 620A and
620J of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(a)(2), 2371, 2378d) and section 40A of the Arms Export
Control Act (22 U.S.C. 2780). Any exercise of the authorities
provided by section 506 of the Foreign Assistance Act
pursuant to this section may include the authority to acquire
helicopters by contract.
tibet
Sec. 1412. (a) Of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations and related programs under the headings
``Diplomatic and Consular Programs'' and ``Embassy Security,
Construction, and Maintenance'', up to $5,000,000 shall be
made available to establish a United States Consulate in
Lhasa, Tibet.
(b) The Department of State should not consent to opening a
consular post in the United States by the People's Republic
of China until such time as the People's Republic of China
consents to opening a United States consular post in Lhasa,
Tibet.
jordan
(including rescission of funds)
Sec. 1413. (a) For an additional amount for ``Economic
Support Fund'' for assistance for Jordan, $25,000,000, to
remain available until September 30, 2009.
(b) For an additional amount for ``Foreign Military
Financing Program'' for assistance for Jordan, $33,000,000,
to remain available until September 30, 2009.
(c) Of the unobligated balances of funds appropriated under
the heading ``Millennium
[[Page H5652]]
Challenge Corporation'' in prior Acts making appropriations
for foreign operations, export financing, and related
programs, $58,000,000 are rescinded.
(d) Section 8002 of this Act shall not apply to this
section.
allocations
Sec. 1414. (a) Funds provided by this chapter for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the explanatory statement printed in the
Congressional Record accompanying this Act:
``Diplomatic and Consular Programs''
``Economic Support Fund''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the explanatory statement printed
in the Congressional Record accompanying this Act shall be
subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
reprogramming authority
Sec. 1415. Notwithstanding any other provision of law, to
include minimum funding requirements or funding directives,
funds made available under the headings ``Development
Assistance'' and ``Economic Support Fund'' in prior Acts
making appropriations for foreign operations, export
financing, and related programs may be made available to
address critical food shortages, subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
spending plans and notification procedures
Sec. 1416. (a) Subchapter A Spending Plan.--Not later than
45 days after the enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations a
report detailing planned expenditures for funds appropriated
under the headings in subchapter A, except for funds
appropriated under the headings ``International Disaster
Assistance'', ``Migration and Refugee Assistance'', and
``United States Emergency Refugee and Migration Assistance
Fund''.
(b) Subchapter B Spending Plan.--The Secretary of State
shall submit to the Committees on Appropriations not later
than November 1, 2008, and prior to the initial obligation of
funds, a detailed spending plan for funds appropriated or
otherwise made available in subchapter B, except for funds
appropriated under the headings ``International Disaster
Assistance'', ``Migration and Refugee Assistance'', and
``United States Emergency Refugee and Migration Assistance
Fund''.
(c) Notification.--Funds made available in this chapter
shall be subject to the regular notification procedures of
the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961.
terms and conditions
Sec. 1417. Unless otherwise provided for in this Act,
funds appropriated or otherwise made available by this
chapter shall be available under the authorities and
conditions provided in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161), except that section 699K
of such Act shall not apply to funds in this chapter.
TITLE II--DOMESTIC MATTERS
CHAPTER 1--FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$150,000,000, to remain available until September 30, 2009:
Provided, That of the amount provided: (1) $66,792,000 shall
be for the Center for Food Safety and Applied Nutrition and
related field activities in the Office of Regulatory Affairs;
(2) $28,019,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of
Regulatory Affairs; (3) $12,736,000 shall be for the Center
for Biologics Evaluation and Research and related field
activities in the Office of Regulatory Affairs; (4)
$6,057,000 shall be for the Center for Veterinary Medicine
and related field activities in the Office of Regulatory
Affairs; (5) $20,094,000 shall be for the Center for Devices
and Radiological Health and related field activities in the
Office of Regulatory Affairs; (6) $3,396,000 shall be for the
National Center for Toxicological Research; and (7)
$12,906,000 shall be for other activities, including the
Office of the Commissioner, the Office of Scientific and
Medical Programs; the Office of Policy, Planning and
Preparedness; the Office of International and Special
Programs; the Office of Operations; and central services for
these offices.
CHAPTER 2--COMMERCE, JUSTICE, AND SCIENCE
DEPARTMENT OF COMMERCE
Bureau of the Census
periodic censuses and programs
(including transfer of funds)
For an additional amount for ``Periodic Censuses and
Programs'', $210,000,000, to remain available until expended,
for necessary expenses related to the 2010 Decennial Census:
Provided, That not less than $3,000,000 shall be transferred
to the ``Office of Inspector General'' at the Department of
Commerce for necessary expenses associated with oversight
activities of the 2010 Decennial Census: Provided further,
That not less than $1,000,000 shall be used only for a
reimbursable agreement with the Defense Contract Management
Agency to provide continuing contract management oversight of
the 2010 Decennial Census.
DEPARTMENT OF JUSTICE
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$178,000,000, to remain available until September 30, 2008.
OTHER AGENCIES
National Aeronautics and Space Administration
science, aeronautics and exploration
For an additional amount for ``Science, Aeronautics and
Exploration'', $62,500,000.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related
Activities'', $22,500,000, of which $5,000,000 shall be
available solely for activities authorized by section
7002(b)(2)(A)(iv) of Public Law 110-69.
education and human resources
For an additional amount for ``Education and Human
Resources'', $40,000,000: Provided, That of the amount
provided, $20,000,000 shall be available for activities
authorized by section 10 of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-1) and $20,000,000
shall be available for activities authorized by section 10A
of the National Science Foundation Authorization Act of 2002
(42 U.S.C. 1862n-1a).
CHAPTER 3--ENERGY
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Science
For an additional amount for ``Science'', $62,500,000, to
remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For an additional amount for ``Defense Environmental
Cleanup'', $62,500,000, to remain available until expended.
CHAPTER 4--LABOR AND HEALTH AND HUMAN SERVICES
DEPARTMENT OF LABOR
Employment and Training Administration
state unemployment insurance and employment service operations
For an additional amount for ``State Unemployment
Insurance and Employment Service Operations'' for grants to
the States for the administration of State unemployment
insurance, $110,000,000, which may be expended from the
Employment Security Administration Account in the
Unemployment Trust Fund, to be used for unemployment
insurance workloads experienced by the States through
September 30, 2008, which shall be available for Federal
obligation through December 31, 2008.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
office of the director
(including transfer of funds)
For an additional amount for ``Office of the Director'',
$150,000,000, which shall be transferred to the Institutes
and Centers of the National Institutes of Health and to the
Common Fund established under section 402A(c)(1) of the
Public Health Service Act in proportion to the appropriations
otherwise made to such Institutes, Centers, and Common Fund
for fiscal year 2008: Provided, That these funds shall be
used to support additional scientific research and shall be
merged with and be available for the same purposes and for
the same time period as the appropriation or fund to which
transferred: Provided further, That this transfer authority
is in addition to any other transfer authority available to
the National Institutes of Health: Provided further, That
none of these funds may be transferred to ``National
Institutes of Health-Buildings and Facilities'', the Center
for Scientific Review, the Center for Information Technology,
the Clinical Center, the Global Fund for HIV/AIDS,
Tuberculosis and Malaria, or the Office of the Director
(except for the transfer to the Common Fund).
CHAPTER 5--LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
For payment to Annette Lantos, widow of Tom Lantos, late a
Representative from the State of California, $169,300:
Provided, That section 8002 shall not apply to this
appropriation.
TITLE III--NATURAL DISASTER RELIEF AND RECOVERY
CHAPTER 1--AGRICULTURE
DEPARTMENT OF AGRICULTURE
Farm Service Agency
emergency conservation program
For an additional amount for the ``Emergency Conservation
Program'', $89,413,000, to remain available until expended.
Natural Resources Conservation Service
emergency watershed protection program
For an additional amount for the ``Emergency Watershed
Protection Program'', $390,464,000, to remain available until
expended.
[[Page H5653]]
CHAPTER 2--COMMERCE
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount
for ``Economic Development Assistance Programs'', for
necessary expenses related to disaster relief, long-term
recovery, and restoration of infrastructure in areas covered
by a declaration of major disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) as a result of recent natural
disasters, $100,000,000, to remain available until expended.
CHAPTER 3--CORPS OF ENGINEERS
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
construction
For an additional amount for ``Construction'', for
necessary expenses to address emergency situations at Corps
of Engineers projects and rehabilitate and repair damages to
Corps projects caused by recent natural disasters,
$61,700,000, to remain available until expended.
For an additional amount for ``Construction'', for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season,
$2,835,000,000, to become available on October 1, 2008, and
to remain available until expended: Provided, That the
Secretary of the Army is directed to use $1,997,000,000 of
the funds provided herein to modify authorized projects in
southeast Louisiana to provide hurricane, storm and flood
damage reduction in the greater New Orleans and surrounding
areas to the levels of protection necessary to achieve the
certification required for participation in the National
Flood Insurance Program under the base flood elevations
current at the time of enactment of this Act, and shall use
$1,077,000,000 of those funds for the Lake Pontchartrain and
Vicinity project and $920,000,000 of those funds for the West
Bank and Vicinity project: Provided further, That, in
addition, $838,000,000 of the funds provided herein shall be
for elements of Southeast Louisiana Urban Drainage project
within the geographic perimeter of the West Bank and Vicinity
and Lake Pontchartrain and Vicinity projects, to provide for
interior drainage of runoff from rainfall with a ten percent
annual exceedance probability: Provided further, That the
amounts provided herein shall be subject to a 65 percent
Federal / 35 percent non-Federal cost share for the specified
purposes: Provided further, That beginning not later than 60
days after the date of enactment of this Act, the Chief of
Engineers, acting through the Assistant Secretary of the Army
for Civil Works, shall provide monthly reports to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of
these funds: Provided further, That the expenditure of funds
as provided above may be made without regard to individual
amounts or purposes except that any reallocation of funds
that is necessary to accomplish the established goals is
authorized subject to the approval of the House and Senate
Committees on Appropriations.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'' for recovery from natural disasters,
$17,590,000, to remain available until expended, to repair
damages to Federal projects caused by recent natural
disasters.
operation and maintenance
For an additional amount for ``Operation and Maintenance''
to dredge navigation channels and repair other Corps projects
related to natural disasters, $298,344,000, to remain
available until expended: Provided, That the Chief of
Engineers, acting through the Assistant Secretary of the Army
for Civil Works, shall provide a monthly report to the House
and Senate Committees on Appropriations detailing the
allocation and obligation of these funds, beginning not later
than 60 days after enactment of this Act.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses to
prepare for flood, hurricane and other natural disasters and
support emergency operations, repair and other activities in
response to flood and hurricane emergencies as authorized by
law, $226,854,800, to remain available until expended.
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses
relating to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, $2,926,000,000, to become
available on October 1, 2008, and to remain available until
expended: Provided, That funds provided herein shall be used
to reduce the risk of hurricane and storm damages to the
greater New Orleans metropolitan area, at full Federal
expense, for the following: $704,000,000 shall be used to
modify the 17th Street, Orleans Avenue, and London Avenue
drainage canals and install pumps and closure structures at
or near the lakefront; $90,000,000 shall be used for storm-
proofing interior pump stations to ensure the operability of
the stations during hurricanes, storms, and high water
events; $459,000,000 shall be used for armoring critical
elements of the New Orleans hurricane and storm damage
reduction system; $53,000,000 shall be used to improve
protection at the Inner Harbor Navigation Canal; $456,000,000
shall be used to replace or modify certain non-Federal levees
in Plaquemines Parish to incorporate the levees into the
existing New Orleans to Venice hurricane protection project;
$412,000,000 shall be used for reinforcing or replacing flood
walls, as necessary, in the existing Lake Pontchartrain and
Vicinity project and the existing West Bank and Vicinity
project to improve the performance of the systems;
$393,000,000 shall be used for repair and restoration of
authorized protections and floodwalls; and $359,000,000 shall
be to complete the authorized protection for the Lake
Ponchartrain and Vicinity, West Bank and Vicinity, and the
New Orleans to Venice projects: Provided further, That the
Secretary of the Army, within available funds, is directed to
continue the NEPA alternative evaluation of all options with
particular attention to Options 1, 2 and 2a of the report to
Congress, dated August 30, 2007, provided in response to the
requirements of chapter 3, section 4303 of Public Law 110-28,
and within 90 days of enactment of this Act provide the House
and Senate Committees on Appropriations cost estimates to
implement Options 1, 2 and 2a of the above cited report:
Provided further, That beginning not later than 60 days after
the date of enactment of this Act, the Chief of Engineers,
acting through the Assistant Secretary of the Army for Civil
Works, shall provide monthly reports to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds:
Provided further, That any project using funds appropriated
under this heading shall be initiated only after non-Federal
interests have entered into binding agreements with the
Assistant Secretary of the Army for Civil Works requiring the
non-Federal interests to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation costs of
completed elements and to hold and save the United States
free from damages due to the construction, operation, and
maintenance of the project, except for damages due to the
fault or negligence of the United States or its contractors:
Provided further, That the expenditure of funds as provided
above may be made without regard to individual amounts or
purposes except that any reallocation of funds that is
necessary to accomplish the established goals is authorized
subject to the approval of the House and Senate Committees on
Appropriations.
expenses
For an additional amount for ``Expenses'' for increased
efforts by the Mississippi Valley Division to oversee
emergency response and recovery activities related to the
consequences of hurricanes in the Gulf of Mexico in 2005,
$1,500,000 to remain available until expended.
CHAPTER 4--SMALL BUSINESS
Small Business Administration
disaster loans program account
(including transfer of funds)
For the cost of direct loans authorized by section 7(b) of
the Small Business Act, for necessary expenses related to
flooding in Midwestern States and other natural disasters,
$164,939,000, to remain available until expended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for expenses to carry out the direct loan
program in response to flooding in Midwestern States and
other natural disasters, including onsite assistance to
disaster victims, increased staff at call centers, processing
centers, and field inspections teams, and attorneys to assist
in loan closings, $101,814,000, to remain available until
expended, of which $1,000,000 is for the Office of Inspector
General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan program and
shall be paid to appropriations for the Office of Inspector
General; of which $94,814,000 is for direct administrative
expenses of loan making and servicing to carry out the direct
loan program, which may be paid to appropriations for
Salaries and Expenses; and of which $6,000,000 is for
indirect administrative expenses, which may be paid to
appropriations for Salaries and Expenses.
CHAPTER 5--FEMA DISASTER RELIEF
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster Relief'',
$897,000,000, to remain available until expended.
CHAPTER 6--HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Permanent Supportive Housing
For the provision of 3,000 units of permanent supportive
housing as referenced in the Road Home Program of the
Louisiana Recovery Authority approved by the Secretary of
Housing and Urban Development, $73,000,000, to remain
available until expended, of which $20,000,000 shall be for
project-based vouchers under section 8(o)(13) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)),
including administrative expenses not to exceed $3,000,000,
and $50,000,000 shall be for
[[Page H5654]]
grants under the Shelter Plus Care program as authorized
under subtitle F of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11403 et seq.): Provided, That the
Secretary of Housing and Urban Development shall, upon
request, make funds available under this paragraph to the
State of Louisiana or its designee or designees, upon
request: Provided further, That notwithstanding any other
provision of law, for the purpose of administering the
amounts provided under this paragraph, the State of Louisiana
or its designee or designees may act in all respects as a
public housing agency as defined in section 3(b)(6) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)):
Provided further, That subparagraphs (B) and (D) of section
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(13)) shall not apply with respect to vouchers made
available under this paragraph.
Community Planning and Development
community development fund
For an additional amount for ``Community Development
Fund'', for necessary expenses related to disaster relief,
long-term recovery, and restoration of infrastructure in
areas covered by a declaration of major disaster under title
IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) as a result of recent
natural disasters, $300,000,000, to remain available until
expended, for activities authorized under title I of the
Housing and Community Development Act of 1974 (Public Law 93-
383): Provided, That funds provided under this heading shall
be administered through an entity or entities designated by
the Governor of each State: Provided further, That such funds
may not be used for activities reimbursable by or for which
funds are made available by the Federal Emergency Management
Agency or the Army Corps of Engineers: Provided further, That
funds allocated under this heading shall not adversely affect
the amount of any formula assistance received by a State
under this heading: Provided further, That each State may use
up to five percent of its allocation for administrative
costs: Provided further, That in administering the funds
under this heading, the Secretary of Housing and Urban
Development shall waive, or specify alternative requirements
for, any provision of any statute or regulation that the
Secretary administers in connection with the obligation by
the Secretary or the use by the recipient of these funds or
guarantees (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a request by the State that such waiver is required to
facilitate the use of such funds or guarantees, and a finding
by the Secretary that such waiver would not be inconsistent
with the overall purpose of the statute, as modified:
Provided further, That the Secretary may waive the
requirement that activities benefit persons of low and
moderate income, except that at least 50 percent of the funds
made available under this heading must benefit primarily
persons of low and moderate income unless the Secretary
otherwise makes a finding of compelling need: Provided
further, That the Secretary shall publish in the Federal
Register any waiver of any statute or regulation that the
Secretary administers pursuant to title I of the Housing and
Community Development Act of 1974 no later than 5 days before
the effective date of such waiver: Provided further, That
every waiver made by the Secretary must be reconsidered
according to the three previous provisos on the two-year
anniversary of the day the Secretary published the waiver in
the Federal Register: Provided further, That prior to the
obligation of funds each State shall submit a plan to the
Secretary detailing the proposed use of all funds, including
criteria for eligibility and how the use of these funds will
address long-term recovery and restoration of infrastructure:
Provided further, That each State will report quarterly to
the Committees on Appropriations on all awards and uses of
funds made available under this heading, including
specifically identifying all awards of sole-source contracts
and the rationale for making the award on a sole-source
basis: Provided further, That the Secretary shall notify the
Committees on Appropriations on any proposed allocation of
any funds and any related waivers made pursuant to these
provisions under this heading no later than 5 days before
such waiver is made: Provided further, That the Secretary
shall establish procedures to prevent recipients from
receiving any duplication of benefits and report quarterly to
the Committees on Appropriations with regard to all steps
taken to prevent fraud and abuse of funds made available
under this heading including duplication of benefits.
TITLE IV--EMERGENCY UNEMPLOYMENT COMPENSATION
federal-state agreements
Sec. 4001. (a) In General.--Any State which desires to do
so may enter into and participate in an agreement under this
title with the Secretary of Labor (in this title referred to
as the ``Secretary''). Any State which is a party to an
agreement under this title may, upon providing 30 days'
written notice to the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under
subsection (a) shall provide that the State agency of the
State will make payments of emergency unemployment
compensation to individuals who--
(1) have exhausted all rights to regular compensation under
the State law or under Federal law with respect to a benefit
year (excluding any benefit year that ended before May 1,
2007);
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any
other State unemployment compensation law or to compensation
under any other Federal law (except as provided under
subsection (e)); and
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada.
(c) Exhaustion of Benefits.--For purposes of subsection
(b)(1), an individual shall be deemed to have exhausted such
individual's rights to regular compensation under a State law
when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year
with respect to which such rights existed.
(d) Weekly Benefit Amount, Etc.--For purposes of any
agreement under this title--
(1) the amount of emergency unemployment compensation which
shall be payable to any individual for any week of total
unemployment shall be equal to the amount of the regular
compensation (including dependents' allowances) payable to
such individual during such individual's benefit year under
the State law for a week of total unemployment;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for emergency unemployment compensation
and the payment thereof, except--
(A) that an individual shall not be eligible for emergency
unemployment compensation under this title unless, in the
base period with respect to which the individual exhausted
all rights to regular compensation under the State law, the
individual had 20 weeks of full-time insured employment or
the equivalent in insured wages, as determined under the
provisions of the State law implementing section 202(a)(5) of
the Federal-State Extended Unemployment Compensation Act of
1970 (26 U.S.C. 3304 note); and
(B) where otherwise inconsistent with the provisions of
this title or with the regulations or operating instructions
of the Secretary promulgated to carry out this title; and
(3) the maximum amount of emergency unemployment
compensation payable to any individual for whom an emergency
unemployment compensation account is established under
section 4002 shall not exceed the amount established in such
account for such individual.
(e) Election by States.--Notwithstanding any other
provision of Federal law (and if State law permits), the
Governor of a State that is in an extended benefit period may
provide for the payment of emergency unemployment
compensation prior to extended compensation to individuals
who otherwise meet the requirements of this section.
(f) Unauthorized Aliens Ineligible.--A State shall require
as a condition of eligibility for emergency unemployment
compensation under this Act that each alien who receives such
compensation must be legally authorized to work in the United
States, as defined for purposes of the Federal Unemployment
Tax Act (26 U.S.C. 3301 et seq.). In determining whether an
alien meets the requirements of this subsection, a State must
follow the procedures provided in section 1137(d) of the
Social Security Act (42 U.S.C. 1320b-7(d)).
emergency unemployment compensation account
Sec. 4002. (a) In General.--Any agreement under this title
shall provide that the State will establish, for each
eligible individual who files an application for emergency
unemployment compensation, an emergency unemployment
compensation account with respect to such individual's
benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to the lesser of--
(A) 50 percent of the total amount of regular compensation
(including dependents' allowances) payable to the individual
during the individual's benefit year under such law, or
(B) 13 times the individual's average weekly benefit amount
for the benefit year.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any
week is the amount of regular compensation (including
dependents' allowances) under the State law payable to such
individual for such week for total unemployment.
payments to states having agreements for the payment of emergency
unemployment compensation
Sec. 4003. (a) General Rule.--There shall be paid to each
State that has entered into an agreement under this title an
amount equal to 100 percent of the emergency unemployment
compensation paid to individuals by the State pursuant to
such agreement.
(b) Treatment of Reimbursable Compensation.--No payment
shall be made to any State under this section in respect of
any compensation to the extent the State is entitled to
reimbursement in respect of such
[[Page H5655]]
compensation under the provisions of any Federal law other
than this title or chapter 85 of title 5, United States Code.
A State shall not be entitled to any reimbursement under such
chapter 85 in respect of any compensation to the extent the
State is entitled to reimbursement under this title in
respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by
reason of such State having an agreement under this title
shall be payable, either in advance or by way of
reimbursement (as may be determined by the Secretary), in
such amounts as the Secretary estimates the State will be
entitled to receive under this title for each calendar month,
reduced or increased, as the case may be, by any amount by
which the Secretary finds that the Secretary's estimates for
any prior calendar month were greater or less than the
amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
financing provisions
Sec. 4004. (a) In General.--Funds in the extended
unemployment compensation account (as established by section
905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section 904(a) of
such Act (42 U.S.C. 1104(a)) shall be used for the making of
payments to States having agreements entered into under this
title.
(b) Certification.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this title. The
Secretary of the Treasury, prior to audit or settlement by
the Government Accountability Office, shall make payments to
the State in accordance with such certification, by transfers
from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment
Trust Fund (as so established).
(c) Assistance to States.--There are appropriated out of
the employment security administration account (as
established by section 901(a) of the Social Security Act (42
U.S.C. 1101(a)) of the Unemployment Trust Fund, without
fiscal year limitation, such funds as may be necessary for
purposes of assisting States (as provided in title III of the
Social Security Act (42 U.S.C. 501 et seq.)) in meeting the
costs of administration of agreements under this title.
(d) Appropriations for Certain Payments.--There are
appropriated from the general fund of the Treasury, without
fiscal year limitation, to the extended unemployment
compensation account (as so established) of the Unemployment
Trust Fund (as so established) such sums as the Secretary
estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall
not be required to be repaid.
fraud and overpayments
Sec. 4005. (a) In General.--If an individual knowingly has
made, or caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed,
or caused another to fail, to disclose a material fact, and
as a result of such false statement or representation or of
such nondisclosure such individual has received an amount of
emergency unemployment compensation under this title to which
such individual was not entitled, such individual--
(1) shall be ineligible for further emergency unemployment
compensation under this title in accordance with the
provisions of the applicable State unemployment compensation
law relating to fraud in connection with a claim for
unemployment compensation; and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have
received amounts of emergency unemployment compensation under
this title to which they were not entitled, the State shall
require such individuals to repay the amounts of such
emergency unemployment compensation to the State agency,
except that the State agency may waive such repayment if it
determines that--
(1) the payment of such emergency unemployment compensation
was without fault on the part of any such individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
emergency unemployment compensation payable to such
individual under this title or from any unemployment
compensation payable to such individual under any State or
Federal unemployment compensation law administered by the
State agency or under any other State or Federal law
administered by the State agency which provides for the
payment of any assistance or allowance with respect to any
week of unemployment, during the 3-year period after the date
such individuals received the payment of the emergency
unemployment compensation to which they were not entitled,
except that no single deduction may exceed 50 percent of the
weekly benefit amount from which such deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
(d) Review.--Any determination by a State agency under this
section shall be subject to review in the same manner and to
the same extent as determinations under the State
unemployment compensation law, and only in that manner and to
that extent.
definitions
Sec. 4006. In this title, the terms ``compensation'',
``regular compensation'', ``extended compensation'',
``benefit year'', ``base period'', ``State'', ``State
agency'', ``State law'', and ``week'' have the respective
meanings given such terms under section 205 of the Federal-
State Extended Unemployment Compensation Act of 1970 (26
U.S.C. 3304 note).
applicability
Sec. 4007. (a) In General.--Except as provided in
subsection (b), an agreement entered into under this title
shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before March 31, 2009.
(b) Transition for Amount Remaining in Account.--
(1) In general.--Subject to paragraph (2), in the case of
an individual who has amounts remaining in an account
established under section 4002 as of the last day of the last
week (as determined in accordance with the applicable State
law) ending on or before March 31, 2009, emergency
unemployment compensation shall continue to be payable to
such individual from such amounts for any week beginning
after such last day for which the individual meets the
eligibility requirements of this title.
(2) Limit on compensation.--No compensation shall be
payable by reason of paragraph (1) for any week beginning
after June 30, 2009.
TITLE V--VETERANS EDUCATIONAL ASSISTANCE
short title
Sec. 5001. This title may be cited as the ``Post-9/11
Veterans Educational Assistance Act of 2008''.
findings
Sec. 5002. Congress makes the following findings:
(1) On September 11, 2001, terrorists attacked the United
States, and the brave members of the Armed Forces of the
United States were called to the defense of the Nation.
(2) Service on active duty in the Armed Forces has been
especially arduous for the members of the Armed Forces since
September 11, 2001.
(3) The United States has a proud history of offering
educational assistance to millions of veterans, as
demonstrated by the many ``G.I. Bills'' enacted since World
War II. Educational assistance for veterans helps reduce the
costs of war, assist veterans in readjusting to civilian life
after wartime service, and boost the United States economy,
and has a positive effect on recruitment for the Armed
Forces.
(4) The current educational assistance program for veterans
is outmoded and designed for peacetime service in the Armed
Forces.
(5) The people of the United States greatly value military
service and recognize the difficult challenges involved in
readjusting to civilian life after wartime service in the
Armed Forces.
(6) It is in the national interest for the United States to
provide veterans who serve on active duty in the Armed Forces
after September 11, 2001, with enhanced educational
assistance benefits that are worthy of such service and are
commensurate with the educational assistance benefits
provided by a grateful Nation to veterans of World War II.
educational assistance for members of the armed forces who serve after
september 11, 2001
Sec. 5003. (a) Educational Assistance Authorized.--
(1) In General.--Part III of title 38, United States Code,
is amended by inserting after chapter 32 the following new
chapter:
``CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE
``subchapter i--definitions
``Sec.
``3301. Definitions.
``subchapter ii--educational assistance
``3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001: entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: amount; payment.
``3314. Tutorial assistance.
``3315. Licensure and certification tests.
``3316. Supplemental educational assistance: members with critical
skills or specialty; members serving additional service.
``3317. Public-private contributions for additional educational
assistance.
[[Page H5656]]
``3318. Additional assistance: relocation or travel assistance for
individual relocating or traveling significant distance
for pursuit of a program of education.
``3319. Authority to transfer unused education benefits to family
members.
``subchapter iii--administrative provisions
``3321. Time limitation for use of and eligibility for entitlement.
``3322. Bar to duplication of educational assistance benefits.
``3323. Administration.
``3324. Allocation of administration and costs.
``SUBCHAPTER I--DEFINITIONS
``Sec. 3301. Definitions
``In this chapter:
``(1) The term `active duty' has the meanings as follows
(subject to the limitations specified in sections 3002(6) and
3311(b)):
``(A) In the case of members of the regular components of
the Armed Forces, the meaning given such term in section
101(21)(A).
``(B) In the case of members of the reserve components of
the Armed Forces, service on active duty under a call or
order to active duty under section 688, 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10.
``(2) The term `entry level and skill training' means the
following:
``(A) In the case of members of the Army, Basic Combat
Training and Advanced Individual Training.
``(B) In the case of members of the Navy, Recruit Training
(or Boot Camp) and Skill Training (or so-called `A' School).
``(C) In the case of members of the Air Force, Basic
Military Training and Technical Training.
``(D) In the case of members of the Marine Corps, Recruit
Training and Marine Corps Training (or School of Infantry
Training).
``(E) In the case of members of the Coast Guard, Basic
Training.
``(3) The term `program of education' has the meaning given
such term in section 3002, except to the extent otherwise
provided in section 3313.
``(4) The term `Secretary of Defense' means the Secretary
of Defense, except that the term means the Secretary of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy.
``SUBCHAPTER II--EDUCATIONAL ASSISTANCE
``Sec. 3311. Educational assistance for service in the Armed
Forces commencing on or after September 11, 2001:
entitlement
``(a) Entitlement.--Subject to subsections (d) and (e),
each individual described in subsection (b) is entitled to
educational assistance under this chapter.
``(b) Covered Individuals.--An individual described in this
subsection is any individual as follows:
``(1) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 36 months on active duty in the Armed
Forces (including service on active duty in entry level and
skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty; or
``(ii) is discharged or released from active duty as
described in subsection (c).
``(2) An individual who--
``(A) commencing on or after September 11, 2001, serves at
least 30 continuous days on active duty in the Armed Forces;
and
``(B) after completion of service described in subparagraph
(A), is discharged or released from active duty in the Armed
Forces for a service-connected disability.
``(3) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 30 months, but less than 36 months, on
active duty in the Armed Forces (including service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 36 months; or
``(ii) before completion of service on active duty of an
aggregate of 36 months, is discharged or released from active
duty as described in subsection (c).
``(4) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 24 months, but less than 30 months, on
active duty in the Armed Forces (including service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 30 months; or
``(ii) before completion of service on active duty of an
aggregate of 30 months, is discharged or released from active
duty as described in subsection (c).
``(5) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 18 months, but less than 24 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 24 months; or
``(ii) before completion of service on active duty of an
aggregate of 24 months, is discharged or released from active
duty as described in subsection (c).
``(6) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 12 months, but less than 18 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 18 months; or
``(ii) before completion of service on active duty of an
aggregate of 18 months, is discharged or released from active
duty as described in subsection (c).
``(7) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 6 months, but less than 12 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 12 months; or
``(ii) before completion of service on active duty of an
aggregate of 12 months, is discharged or released from active
duty as described in subsection (c).
``(8) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 90 days, but less than 6 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 6 months; or
``(ii) before completion of service on active duty of an
aggregate of 6 months, is discharged or released from active
duty as described in subsection (c).
``(c) Covered Discharges and Releases.--A discharge or
release from active duty of an individual described in this
subsection is a discharge or release as follows:
``(1) A discharge from active duty in the Armed Forces with
an honorable discharge.
``(2) A release after service on active duty in the Armed
Forces characterized by the Secretary concerned as honorable
service and placement on the retired list, transfer to the
Fleet Reserve or Fleet Marine Corps Reserve, or placement on
the temporary disability retired list.
``(3) A release from active duty in the Armed Forces for
further service in a reserve component of the Armed Forces
after service on active duty characterized by the Secretary
concerned as honorable service.
``(4) A discharge or release from active duty in the Armed
Forces for--
``(A) a medical condition which preexisted the service of
the individual as described in the applicable paragraph of
subsection (b) and which the Secretary determines is not
service-connected;
``(B) hardship; or
``(C) a physical or mental condition that was not
characterized as a disability and did not result from the
individual's own willful misconduct but did interfere with
the individual's performance of duty, as determined by the
Secretary concerned in accordance with regulations prescribed
by the Secretary of Defense.
``(d) Prohibition on Treatment of Certain Service as Period
of Active Duty.--The following periods of service shall not
be considered a part of the period of active duty on which an
individual's entitlement to educational assistance under this
chapter is based:
``(1) A period of service on active duty of an officer
pursuant to an agreement under section 2107(b) of title 10.
``(2) A period of service on active duty of an officer
pursuant to an agreement under section 4348, 6959, or 9348 of
title 10.
``(3) A period of service that is terminated because of a
defective enlistment and induction based on--
``(A) the individual's being a minor for purposes of
service in the Armed Forces;
``(B) an erroneous enlistment or induction; or
``(C) a defective enlistment agreement.
``(e) Treatment of Individuals Entitled Under Multiple
Provisions.--In the event an individual entitled to
educational assistance under this chapter is entitled by
reason of both paragraphs (4) and (5) of subsection (b), the
individual shall be treated as being entitled to educational
assistance under this chapter by reason of paragraph (5) of
subsection (b).
``Sec. 3312. Educational assistance: duration
``(a) In General.--Subject to section 3695 and except as
provided in subsections (b) and (c), an individual entitled
to educational assistance under this chapter is entitled to a
number of months of educational assistance under section 3313
equal to 36 months.
``(b) Continuing Receipt.--The receipt of educational
assistance under section 3313 by an individual entitled to
educational assistance under this chapter is subject to the
provisions of section 3321(b)(2).
``(c) Discontinuation of Education for Active Duty.--
``(1) In general.--Any payment of educational assistance
described in paragraph (2) shall not--
``(A) be charged against any entitlement to educational
assistance of the individual concerned under this chapter; or
[[Page H5657]]
``(B) be counted against the aggregate period for which
section 3695 limits the individual's receipt of educational
assistance under this chapter.
``(2) Description of payment of educational assistance.--
Subject to paragraph (3), the payment of educational
assistance described in this paragraph is the payment of such
assistance to an individual for pursuit of a course or
courses under this chapter if the Secretary finds that the
individual--
``(A)(i) in the case of an individual not serving on active
duty, had to discontinue such course pursuit as a result of
being called or ordered to serve on active duty under section
688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title
10; or
``(ii) in the case of an individual serving on active duty,
had to discontinue such course pursuit as a result of being
ordered to a new duty location or assignment or to perform an
increased amount of work; and
``(B) failed to receive credit or lost training time toward
completion of the individual's approved education,
professional, or vocational objective as a result of having
to discontinue, as described in subparagraph (A), the
individual's course pursuit.
``(3) Period for which payment not charged.--The period for
which, by reason of this subsection, educational assistance
is not charged against entitlement or counted toward the
applicable aggregate period under section 3695 of this title
shall not exceed the portion of the period of enrollment in
the course or courses from which the individual failed to
receive credit or with respect to which the individual lost
training time, as determined under paragraph (2)(B).
``Sec. 3313. Educational assistance: amount; payment
``(a) Payment.--The Secretary shall pay to each individual
entitled to educational assistance under this chapter who is
pursuing an approved program of education (other than a
program covered by subsections (e) and (f)) the amounts
specified in subsection (c) to meet the expenses of such
individual's subsistence, tuition, fees, and other
educational costs for pursuit of such program of education.
``(b) Approved Programs of Education.--A program of
education is an approved program of education for purposes of
this chapter if the program of education is offered by an
institution of higher learning (as that term is defined in
section 3452(f)) and is approved for purposes of chapter 30
(including approval by the State approving agency concerned).
``(c) Amount of Educational Assistance.--The amounts
payable under this subsection for pursuit of an approved
program of education are amounts as follows:
``(1) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(1)
or 3311(b)(2), amounts as follows:
``(A) An amount equal to the established charges for the
program of education, except that the amount payable under
this subparagraph may not exceed the maximum amount of
established charges regularly charged in-State students for
full-time pursuit of approved programs of education for
undergraduates by the public institution of higher education
offering approved programs of education for undergraduates in
the State in which the individual is enrolled that has the
highest rate of regularly-charged established charges for
such programs of education among all public institutions of
higher education in such State offering such programs of
education.
``(B) A monthly stipend in an amount as follows:
``(i) For each month the individual pursues the program of
education (other than, in the case of assistance under this
section only, a program of education offered through distance
learning), a monthly housing stipend amount equal to the
monthly amount of the basic allowance for housing payable
under section 403 of title 37 for a member with dependents in
pay grade E-5 residing in the military housing area that
encompasses all or the majority portion of the ZIP code area
in which is located the institution of higher education at
which the individual is enrolled.
``(ii) For the first month of each quarter, semester, or
term, as applicable, of the program of education pursued by
the individual, a lump sum amount for books, supplies,
equipment, and other educational costs with respect to such
quarter, semester, or term in the amount equal to--
``(I) $1,000, multiplied by
``(II) the fraction which is the portion of a complete
academic year under the program of education that such
quarter, semester, or term constitutes.
``(2) In the case of an individual entitled to educational
assistance under this chapter by reason of section
3311(b)(3), amounts equal to 90 percent of the amounts that
would be payable to the individual under paragraph (1) for
the program of education if the individual were entitled to
amounts for the program of education under paragraph (1)
rather than this paragraph.
``(3) In the case of an individual entitled to educational
assistance under this chapter by reason of section
3311(b)(4), amounts equal to 80 percent of the amounts that
would be payable to the individual under paragraph (1) for
the program of education if the individual were entitled to
amounts for the program of education under paragraph (1)
rather than this paragraph.
``(4) In the case of an individual entitled to educational
assistance under this chapter by reason of section
3311(b)(5), amounts equal to 70 percent of the amounts that
would be payable to the individual under paragraph (1) for
the program of education if the individual were entitled to
amounts for the program of education under paragraph (1)
rather than this paragraph.
``(5) In the case of an individual entitled to educational
assistance under this chapter by reason of section
3311(b)(6), amounts equal to 60 percent of the amounts that
would be payable to the individual under paragraph (1) for
the program of education if the individual were entitled to
amounts for the program of education under paragraph (1)
rather than this paragraph.
``(6) In the case of an individual entitled to educational
assistance under this chapter by reason of section
3311(b)(7), amounts equal to 50 percent of the amounts that
would be payable to the individual under paragraph (1) for
the program of education if the individual were entitled to
amounts for the program of education under paragraph (1)
rather than this paragraph.
``(7) In the case of an individual entitled to educational
assistance under this chapter by reason of section
3311(b)(8), amounts equal to 40 percent of the amounts that
would be payable to the individual under paragraph (1) for
the program of education if the individual were entitled to
amounts for the program of education under paragraph (1)
rather than this paragraph.
``(d) Frequency of Payment.--
``(1) Quarter, semester, or term payments.--Payment of the
amounts payable under subsection (c)(1)(A), and of similar
amounts payable under paragraphs (2) through (7) of
subsection (c), for pursuit of a program of education shall
be made for the entire quarter, semester, or term, as
applicable, of the program of education.
``(2) Monthly payments.--Payment of the amount payable
under subsection (c)(1)(B), and of similar amounts payable
under paragraphs (2) through (7) of subsection (c), for
pursuit of a program of education shall be made on a monthly
basis.
``(3) Regulations.--The Secretary shall prescribe in
regulations methods for determining the number of months
(including fractions thereof) of entitlement of an individual
to educational assistance this chapter that are chargeable
under this chapter for an advance payment of amounts under
paragraphs (1) and (2) for pursuit of a program of education
on a quarter, semester, term, or other basis.
``(e) Programs of Education Pursued on Active Duty.--
``(1) In general.--Educational assistance is payable under
this chapter for pursuit of an approved program of education
while on active duty.
``(2) Amount of assistance.--The amount of educational
assistance payable under this chapter to an individual
pursuing a program of education while on active duty is the
lesser of--
``(A) the established charges which similarly circumstanced
nonveterans enrolled in the program of education involved
would be required to pay; or
``(B) the amount of the charges of the educational
institution as elected by the individual in the manner
specified in section 3014(b)(1)
``(3) Quarter, semester, or term payments.--Payment of the
amount payable under paragraph (2) for pursuit of a program
of education shall be made for the entire quarter, semester,
or term, as applicable, of the program of education.
``(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection (d)(3))
for which amounts are paid an individual under this
subsection, the entitlement of the individual to educational
assistance under this chapter shall be charged at the rate of
one month for each such month.
``(f) Programs of Education Pursued on Half-Time Basis or
Less.--
``(1) In general.--Educational assistance is payable under
this chapter for pursuit of an approved program of education
on half-time basis or less.
``(2) Amount of assistance.--The educational assistance
payable under this chapter to an individual pursuing a
program of education on half-time basis or less is the
amounts as follows:
``(A) The amount equal to the lesser of--
``(i) the established charges which similarly circumstanced
nonveterans enrolled in the program of education involved
would be required to pay; or
``(ii) the maximum amount that would be payable to the
individual for the program of education under paragraph
(1)(A) of subsection (c), or under the provisions of
paragraphs (2) through (7) of subsection (c) applicable to
the individual, for the program of education if the
individual were entitled to amounts for the program of
education under subsection (c) rather than this subsection.
``(B) A stipend in an amount equal to the amount of the
appropriately reduced amount of the lump sum amount for
books, supplies, equipment, and other educational costs
otherwise payable to the individual under subsection (c).
``(3) Quarter, term, or semester payments.--Payment of the
amounts payable to an individual under paragraph (2) for
pursuit of a program of education on half-time basis or less
shall be made for the entire quarter, semester, or term, as
applicable, of the program of education.
[[Page H5658]]
``(4) Monthly payments.--For each month (as determined
pursuant to the methods prescribed under subsection (d)(3))
for which amounts are paid an individual under this
subsection, the entitlement of the individual to educational
assistance under this chapter shall be charged at a
percentage of a month equal to--
``(A) the number of course hours borne by the individual in
pursuit of the program of education involved, divided by
``(B) the number of course hours for full-time pursuit of
such program of education.
``(g) Payment of Established Charges to Educational
Institutions.--Amounts payable under subsections (c)(1)(A)
(and of similar amounts payable under paragraphs (2) through
(7) of subsection (c)), (e)(2), and (f)(2)(A) shall be paid
directly to the educational institution concerned.
``(h) Established Charges Defined.--
``(1) In general.--In this section, the term `established
charges', in the case of a program of education, means the
actual charges (as determined pursuant to regulations
prescribed by the Secretary) for tuition and fees which
similarly circumstanced nonveterans enrolled in the program
of education would be required to pay.
``(2) Basis of determination.--Established charges shall be
determined for purposes of this subsection on the following
basis:
``(A) In the case of an individual enrolled in a program of
education offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the term,
quarter, or semester.
``(B) In the case of an individual enrolled in a program of
education not offered on a term, quarter, or semester basis,
the tuition and fees charged the individual for the entire
program of education.
``Sec. 3314. Tutorial assistance
``(a) In General.--Subject to subsection (b), an individual
entitled to educational assistance under this chapter shall
also be entitled to benefits provided an eligible veteran
under section 3492.
``(b) Conditions.--
``(1) In general.--The provision of benefits under
subsection (a) shall be subject to the conditions applicable
to an eligible veteran under section 3492.
``(2) Certification.--In addition to the conditions
specified in paragraph (1), benefits may not be provided to
an individual under subsection (a) unless the professor or
other individual teaching, leading, or giving the course for
which such benefits are provided certifies that--
``(A) such benefits are essential to correct a deficiency
of the individual in such course; and
``(B) such course is required as a part of, or is
prerequisite or indispensable to the satisfactory pursuit of,
an approved program of education.
``(c) Amount.--
``(1) In general.--The amount of benefits described in
subsection (a) that are payable under this section may not
exceed $100 per month, for a maximum of 12 months, or until a
maximum of $1,200 is utilized.
``(2) As additional assistance.--The amount provided an
individual under this subsection is in addition to the
amounts of educational assistance paid the individual under
section 3313.
``(d) No Charge Against Entitlement.--Any benefits provided
an individual under subsection (a) are in addition to any
other educational assistance benefits provided the individual
under this chapter.
``Sec. 3315. Licensure and certification tests
``(a) In General.--An individual entitled to educational
assistance under this chapter shall also be entitled to
payment for one licensing or certification test described in
section 3452(b).
``(b) Limitation on Amount.--The amount payable under
subsection (a) for a licensing or certification test may not
exceed the lesser of--
``(1) $2,000; or
``(2) the fee charged for the test.
``(c) No Charge Against Entitlement.--Any amount paid an
individual under subsection (a) is in addition to any other
educational assistance benefits provided the individual under
this chapter.
``Sec. 3316. Supplemental educational assistance: members
with critical skills or specialty; members serving
additional service
``(a) Increased Assistance for Members With Critical Skills
or Specialty.--
``(1) In general.--In the case of an individual who has a
skill or specialty designated by the Secretary concerned as a
skill or specialty in which there is a critical shortage of
personnel or for which it is difficult to recruit or, in the
case of critical units, retain personnel, the Secretary
concerned may increase the monthly amount of educational
assistance otherwise payable to the individual under
paragraph (1)(B) of section 3313(c), or under paragraphs (2)
through (7) of such section (as applicable).
``(2) Maximum amount of increase in assistance.--The amount
of the increase in educational assistance authorized by
paragraph (1) may not exceed the amount equal to the monthly
amount of increased basic educational assistance providable
under section 3015(d)(1) at the time of the increase under
paragraph (1).
``(b) Supplemental Assistance for Additional Service.--
``(1) In general.--The Secretary concerned may provide for
the payment to an individual entitled to educational
assistance under this chapter of supplemental educational
assistance for additional service authorized by subchapter
III of chapter 30. The amount so payable shall be payable as
an increase in the monthly amount of educational assistance
otherwise payable to the individual under paragraph (1)(B) of
section 3313(c), or under paragraphs (2) through (7) of such
section (as applicable).
``(2) Eligibility.--Eligibility for supplement educational
assistance under this subsection shall be determined in
accordance with the provisions of subchapter III of chapter
30, except that any reference in such provisions to
eligibility for basic educational assistance under a
provision of subchapter II of chapter 30 shall be treated as
a reference to eligibility for educational assistance under
the appropriate provision of this chapter.
``(3) Amount.--The amount of supplemental educational
assistance payable under this subsection shall be the amount
equal to the monthly amount of supplemental educational
payable under section 3022.
``(c) Regulations.--The Secretaries concerned shall
administer this section in accordance with such regulations
as the Secretary of Defense shall prescribe.
``Sec. 3317. Public-private contributions for additional
educational assistance
``(a) Establishment of Program.--In instances where the
educational assistance provided pursuant to section
3313(c)(1)(A) does not cover the full cost of established
charges (as specified in section 3313), the Secretary shall
carry out a program under which colleges and universities
can, voluntarily, enter into an agreement with the Secretary
to cover a portion of those established charges not otherwise
covered under section 3313(c)(1)(A), which contributions
shall be matched by equivalent contributions toward such
costs by the Secretary. The program shall only apply to
covered individuals described in paragraphs (1) and (2) of
section 3311(b).
``(b) Designation of Program.--The program under this
section shall be known as the `Yellow Ribbon G.I. Education
Enhancement Program'.
``(c) Agreements.--The Secretary shall enter into an
agreement with each college or university seeking to
participate in the program under this section. Each agreement
shall specify the following:
``(1) The manner (whether by direct grant, scholarship, or
otherwise) of the contributions to be made by the college or
university concerned.
``(2) The maximum amount of the contribution to be made by
the college or university concerned with respect to any
particular individual in any given academic year.
``(3) The maximum number of individuals for whom the
college or university concerned will make contributions in
any given academic year.
``(4) Such other matters as the Secretary and the college
or university concerned jointly consider appropriate.
``(d) Matching Contributions.--
``(1) In general.--In instances where the educational
assistance provided an individual under section 3313(c)(1)(A)
does not cover the full cost of tuition and mandatory fees at
a college or university, the Secretary shall provide up to 50
percent of the remaining costs for tuition and mandatory fees
if the college or university voluntarily enters into an
agreement with the Secretary to match an equal percentage of
any of the remaining costs for such tuition and fees.
``(2) Use of appropriated funds.--Amounts available to the
Secretary under section 3324(b) for payment of the costs of
this chapter shall be available to the Secretary for purposes
of paragraph (1).
``(e) Outreach.--The Secretary shall make available on the
Internet website of the Department available to the public a
current list of the colleges and universities participating
in the program under this section. The list shall specify,
for each college or university so listed, appropriate
information on the agreement between the Secretary and such
college or university under subsection (c).
``Sec. 3318. Additional assistance: relocation or travel
assistance for individual relocating or traveling
significant distance for pursuit of a program of education
``(a) Additional Assistance.--Each individual described in
subsection (b) shall be paid additional assistance under this
section in the amount of $500.
``(b) Covered Individuals.--An individual described in this
subsection is any individual entitled to educational
assistance under this chapter--
``(1) who resides in a county (or similar entity utilized
by the Bureau of the Census) with less than seven persons per
square mile, according to the most recent decennial Census;
and
``(2) who--
``(A) physically relocates a distance of at least 500 miles
in order to pursue a program of education for which the
individual utilizes educational assistance under this
chapter; or
``(B) travels by air to physically attend an institution of
higher education for pursuit of such a program of education
because the individual cannot travel to such institution by
automobile or other established form of transportation due to
an absence of road or other infrastructure.
``(c) Proof of Residence.--For purposes of subsection
(b)(1), an individual may demonstrate the individual's place
of residence utilizing any of the following:
[[Page H5659]]
``(1) DD Form 214, Certification of Release or Discharge
from Active Duty.
``(2) The most recent Federal income tax return.
``(3) Such other evidence as the Secretary shall prescribe
for purposes of this section.
``(d) Single Payment of Assistance.--An individual is
entitled to only one payment of additional assistance under
this section.
``(e) No Charge Against Entitlement.--Any amount paid an
individual under this section is in addition to any other
educational assistance benefits provided the individual under
this chapter.
``Sec. 3319. Authority to transfer unused education benefits
to family members
``(a) In General.--Subject to the provisions of this
section, the Secretary of Defense may authorize the Secretary
concerned, to promote recruitment and retention of members of
the Armed Forces, to permit an individual described in
subsection (b) who is entitled to educational assistance
under this chapter to elect to transfer to one or more of the
dependents specified in subsection (c) a portion of such
individual's entitlement to such assistance, subject to the
limitation under subsection (d).
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is any member of the Armed Forces who, at the
time of the approval of the individual's request to transfer
entitlement to educational assistance under this section, has
completed at least--
``(1) six years of service in the armed forces and enters
into an agreement to serve at least four more years as a
member of the Armed Forces; or
``(2) the years of service as determined in regulations
pursuant to section (k).
``(c) Eligible Dependents.--An individual approved to
transfer an entitlement to educational assistance under this
section may transfer the individual's entitlement as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--The total number
of months of entitlement transferred by a individual under
this section may not exceed 36 months. The Secretary of
Defense may prescribe regulations that would limit the months
of entitlement that may be transferred under this section to
no less than 18 months.
``(e) Designation of Transferee.--An individual
transferring an entitlement to educational assistance under
this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to
be transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--
``(1) Time for transfer.--Subject to the time limitation
for use of entitlement under section 3321 an individual
approved to transfer entitlement to educational assistance
under this section may transfer such entitlement only while
serving as a member of the armed forces when the transfer is
executed.
``(2) Modification or revocation.--
``(A) In general.--An individual transferring entitlement
under this section may modify or revoke at any time the
transfer of any unused portion of the entitlement so
transferred.
``(B) Notice.--The modification or revocation of the
transfer of entitlement under this paragraph shall be made by
the submittal of written notice of the action to both the
Secretary concerned and the Secretary of Veterans Affairs.
``(3) Prohibition on treatment of transferred entitlement
as marital property.--Entitlement transferred under this
section may not be treated as marital property, or the asset
of a marital estate, subject to division in a divorce or
other civil proceeding.
``(g) Commencement of Use.--A dependent to whom entitlement
to educational assistance is transferred under this section
may not commence the use of the transferred entitlement
until--
``(1) in the case of entitlement transferred to a spouse,
the completion by the individual making the transfer of at
least--
``(A) six years of service in the armed forces; or
``(B) the years of service as determined in regulations
pursuant to subsection (j); or
``(2) in the case of entitlement transferred to a child,
both--
``(A) the completion by the individual making the transfer
of at least--
``(i) ten years of service in the armed forces; or
``(ii) the years of service as determined in regulations
pursuant to subsection (j); and
``(B) either--
``(i) the completion by the child of the requirements of a
secondary school diploma (or equivalency certificate); or
``(ii) the attainment by the child of 18 years of age.
``(h) Additional Administrative Matters.--
``(1) Use.--The use of any entitlement to educational
assistance transferred under this section shall be charged
against the entitlement of the individual making the transfer
at the rate of one month for each month of transferred
entitlement that is used.
``(2) Nature of transferred entitlement.--Except as
provided under subsection (e)(2) and subject to paragraphs
(5) and (6)--
``(A) in the case of entitlement transferred to a spouse
under this section, the spouse is entitled to educational
assistance under this chapter in the same manner as the
individual from whom the entitlement was transferred; or
``(B) in the case of entitlement transferred to a child
under this section, the child is entitled to educational
assistance under this chapter in the same manner as the
individual from whom the entitlement was transferred as if
the individual were not on active duty.
``(3) Rate of payment.--The monthly rate of educational
assistance payable to a dependent to whom entitlement
referred to in paragraph (2) is transferred under this
section shall be payable--
``(A) in the case of a spouse, at the same rate as such
entitlement would otherwise be payable under this chapter to
the individual making the transfer; or
``(B) in the case of a child, at the same rate as such
entitlement would otherwise be payable under this chapter to
the individual making the transfer as if the individual were
not on active duty.
``(4) Death of transferor.--The death of an individual
transferring an entitlement under this section shall not
affect the use of the entitlement by the dependent to whom
the entitlement is transferred.
``(5) Limitation on age of use by child transferees.--A
child to whom entitlement is transferred under this section
may use the benefit without regard to the 15-year delimiting
date, but may not use any entitlement so transferred after
attaining the age of 26 years.
``(6) Scope of use by transferees.--The purposes for which
a dependent to whom entitlement is transferred under this
section may use such entitlement shall include the pursuit
and completion of the requirements of a secondary school
diploma (or equivalency certificate).
``(7) Additional administrative provisions.--The
administrative provisions of this chapter shall apply to the
use of entitlement transferred under this section, except
that the dependent to whom the entitlement is transferred
shall be treated as the eligible individual for purposes of
such provisions.
``(i) Overpayment.--
``(1) Joint and several liability.--In the event of an
overpayment of educational assistance with respect to a
dependent to whom entitlement is transferred under this
section, the dependent and the individual making the transfer
shall be jointly and severally liable to the United States
for the amount of the overpayment for purposes of section
3685.
``(2) Failure to complete service agreement.--
``(A) In general.--Except as provided in subparagraph (B),
if an individual transferring entitlement under this section
fails to complete the service agreed to by the individual
under subsection (b)(1) in accordance with the terms of the
agreement of the individual under that subsection, the amount
of any transferred entitlement under this section that is
used by a dependent of the individual as of the date of such
failure shall be treated as an overpayment of educational
assistance under paragraph (1).
``(B) Exception.--Subparagraph (A) shall not apply in the
case of an individual who fails to complete service agreed to
by the individual--
``(i) by reason of the death of the individual; or
``(ii) for a reason referred to in section 3311(c)(4).
``(j) Regulations.--(1) The Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
prescribe regulations for purposes of this section.
``(2) Such regulations shall specify--
``(A) the manner of authorizing the transfer of
entitlements under this section;
``(B) the eligibility criteria in accordance with
subsection (b); and
``(C) the manner and effect of an election to modify or
revoke a transfer of entitlement under subsection (f)(2).
``(k) Secretary Concerned Defined.--Notwithstanding section
101(25), in this section, the term `Secretary concerned'
means--
``(1) the Secretary of the Army with respect to matters
concerning the Army;
``(2) the Secretary of the Navy with respect to matters
concerning the Navy or the Marine Corps;
``(3) the Secretary of the Air Force with respect to
matters concerning the Air Force; and
``(4) the Secretary of Defense with respect to matters
concerning the Coast Guard, or the Secretary of Homeland
Security when it is not operating as a service in the Navy.
``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS
``Sec. 3321. Time limitation for use of and eligibility for
entitlement
``(a) In General.--Except as provided in this section, the
period during which an individual entitled to educational
assistance under this chapter may use such individual's
entitlement expires at the end of the 15-year period
beginning on the date of such individual's last discharge or
release from active duty.
``(b) Exceptions.--
``(1) Applicability of section 3031 to running of period.--
Subsections (b), (c), and (d)
[[Page H5660]]
of section 3031 shall apply with respect to the running of
the 15-year period described in subsection (a) of this
section in the same manner as such subsections apply under
section 3031 with respect to the running of the 10-year
period described in section 3031(a).
``(2) Applicability of section 3031 to termination.--
Section 3031(f) shall apply with respect to the termination
of an individual's entitlement to educational assistance
under this chapter in the same manner as such section applies
to the termination of an individual's entitlement to
educational assistance under chapter 30, except that, in the
administration of such section for purposes of this chapter,
the reference to section 3013 shall be deemed to be a
reference to 3312.
``(3) Determination of last discharge or release.--For
purposes of subsection (a), an individual's last discharge or
release from active duty shall not include any discharge or
release from a period of active duty of less than 90 days of
continuous service, unless the individual is discharged or
released as described in section 3311(b)(2).
``Sec. 3322. Bar to duplication of educational assistance
benefits
``(a) In General.--An individual entitled to educational
assistance under this chapter who is also eligible for
educational assistance under chapter 30, 31, 32, or 35 of
this title, chapter 107, 1606, or 1607 of title 10, or the
provisions of the Hostage Relief Act of 1980 (Public Law 96-
449; 5 U.S.C. 5561 note) may not receive assistance under two
or more such programs concurrently, but shall elect (in such
form and manner as the Secretary may prescribe) under which
chapter or provisions to receive educational assistance.
``(b) Inapplicability of Service Treated Under Educational
Loan Repayment Programs.--A period of service counted for
purposes of repayment of an education loan under chapter 109
of title 10 may not be counted as a period of service for
entitlement to educational assistance under this chapter.
``(c) Service in Selected Reserve.--An individual who
serves in the Selected Reserve may receive credit for such
service under only one of this chapter, chapter 30 of this
title, and chapters 1606 and 1607 of title 10, and shall
elect (in such form and manner as the Secretary may
prescribe) under which chapter such service is to be
credited.
``(d) Additional Coordination Matters.--In the case of an
individual entitled to educational assistance under chapter
30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607
of title 10, or the provisions of the Hostage Relief Act of
1980, or making contributions toward entitlement to
educational assistance under chapter 30 of this title, as of
August 1, 2009, coordination of entitlement to educational
assistance under this chapter, on the one hand, and such
chapters or provisions, on the other, shall be governed by
the provisions of section 5003(c) of the Post-9/11 Veterans
Educational Assistance Act of 2008.
``Sec. 3323. Administration
``(a) In General.--
``(1) In general.--Except as otherwise provided in this
chapter, the provisions specified in section 3034(a)(1) shall
apply to the provision of educational assistance under this
chapter.
``(2) Special rule.--In applying the provisions referred to
in paragraph (1) to an individual entitled to educational
assistance under this chapter for purposes of this section,
the reference in such provisions to the term `eligible
veteran' shall be deemed to refer to an individual entitled
to educational assistance under this chapter.
``(3) Rule for applying section 3474.--In applying section
3474 to an individual entitled to educational assistance
under this chapter for purposes of this section, the
reference in such section 3474 to the term `educational
assistance allowance' shall be deemed to refer to educational
assistance payable under section 3313.
``(4) Rule for applying section 3482.--In applying section
3482(g) to an individual entitled to educational assistance
under this chapter for purposes of this section--
``(A) the first reference to the term `educational
assistance allowance' in such section 3482(g) shall be deemed
to refer to educational assistance payable under section
3313; and
``(B) the first sentence of paragraph (1) of such section
3482(g) shall be applied as if such sentence ended with
`equipment'.
``(b) Information on Benefits.--
``(1) Timing for providing.--The Secretary shall provide
the information described in paragraph (2) to each member of
the Armed Forces at such times as the Secretary and the
Secretary of Defense shall jointly prescribe in regulations.
``(2) Description of information.--The information
described in this paragraph is information on benefits,
limitations, procedures, eligibility requirements (including
time-in-service requirements), and other important aspects of
educational assistance under this chapter, including
application forms for such assistance under section 5102.
``(3) To whom provided.--The Secretary of Veterans Affairs
shall furnish the information and forms described in
paragraph (2), and other educational materials on educational
assistance under this chapter, to educational institutions,
training establishments, military education personnel, and
such other persons and entities as the Secretary considers
appropriate.
``(c) Regulations.--
``(1) In general.--The Secretary shall prescribe
regulations for the administration of this chapter.
``(2) Uniformity.--Any regulations prescribed by the
Secretary of Defense for purposes of this chapter shall apply
uniformly across the Armed Forces.
``Sec. 3324. Allocation of administration and costs
``(a) Administration.--Except as otherwise provided in this
chapter, the Secretary shall administer the provision of
educational assistance under this chapter.
``(b) Costs.--Payments for entitlement to educational
assistance earned under this chapter shall be made from funds
appropriated to, or otherwise made available to, the
Department for the payment of readjustment benefits.''.
(2) Clerical Amendments.--The tables of chapters at the
beginning of title 38, United States Code, and at the
beginning of part III of such title, are each amended by
inserting after the item relating to chapter 32 the following
new item:
``33. Post-9/11 Educational Assistance.....................3301.''.....
(b) Conforming Amendments.--
(1) Amendments Relating to Duplication of Benefits.--
(A) Section 3033 of title 38, United States Code, is
amended--
(i) in subsection (a)(1) by inserting ``33,'' after
``32,''; and
(ii) in subsection (c) by striking ``both the program
established by this chapter and the program established by
chapter 106 of title 10'' and inserting ``two or more of the
programs established by this chapter, chapter 33 of this
title, and chapters 1606 and 1607 of title 10''.
(B) Paragraph (4) of section 3695(a) of such title is
amended to read as follows:
``(4) Chapters 30, 32, 33, 34, 35, and 36.''.
(C) Section 16163(e) of title 10, United States Code, is
amended by inserting ``33,'' after ``32,''.
(2) Additional Conforming Amendments.--
(A) Title 38, United States Code, is further amended by
inserting ``33,'' after ``32,'' each place it appears in the
following provisions:
(i) In subsections (b) and (e)(1) of section 3485.
(ii) In section 3688(b).
(iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and
(e)(2) of section 3689.
(iv) In section 3690( b)(3)(A).
(v) In subsections (a) and (b) of section 3692.
(vi) In section 3697(a).
(B) Section 3697A(b)(1) of such title is amended by
striking ``or 32'' and inserting ``32, or 33''.
(c) Applicability to Individuals Under Montgomery Gi Bill
Program.--
(1) Individuals Eligible to Elect Participation in Post-9/
11 Educational Assistance.--An individual may elect to
receive educational assistance under chapter 33 of title 38,
United States Code (as added by subsection (a)), if such
individual--
(A) as of August 1, 2009--
(i) is entitled to basic educational assistance under
chapter 30 of title 38, United States Code, and has used, but
retains unused, entitlement under that chapter;
(ii) is entitled to educational assistance under chapter
107, 1606, or 1607 of title 10, United States Code, and has
used, but retains unused, entitlement under the applicable
chapter;
(iii) is entitled to basic educational assistance under
chapter 30 of title 38, United States Code, but has not used
any entitlement under that chapter;
(iv) is entitled to educational assistance under chapter
107, 1606, or 1607 of title 10, United States Code, but has
not used any entitlement under such chapter;
(v) is a member of the Armed Forces who is eligible for
receipt of basic educational assistance under chapter 30 of
title 38, United States Code, and is making contributions
toward such assistance under section 3011(b) or 3012(c) of
such title; or
(vi) is a member of the Armed Forces who is not entitled to
basic educational assistance under chapter 30 of title 38,
United States Code, by reason of an election under section
3011(c)(1) or 3012(d)(1) of such title; and
(B) as of the date of the individual's election under this
paragraph, meets the requirements for entitlement to
educational assistance under chapter 33 of title 38, United
States Code (as so added).
(2) Cessation of Contributions Toward Gi Bill.--Effective
as of the first month beginning on or after the date of an
election under paragraph (1) of an individual described by
subparagraph (A)(v) of that paragraph, the obligation of the
individual to make contributions under section 3011(b) or
3012(c) of title 38, United States Code, as applicable, shall
cease, and the requirements of such section shall be deemed
to be no longer applicable to the individual.
(3) Revocation of Remaining Transferred Entitlement.--
(A) Election to revoke.--If, on the date an individual
described in subparagraph (A)(i) or (A)(iii) of paragraph (1)
makes an election under that paragraph, a transfer of the
entitlement of the individual to basic educational assistance
under section 3020 of title 38, United States Code, is in
effect and a number of months of the entitlement so
transferred remain unutilized, the individual may elect to
revoke all or a portion of the entitlement so transferred
that remains unutilized.
[[Page H5661]]
(B) Availability of revoked entitlement.--Any entitlement
revoked by an individual under this paragraph shall no longer
be available to the dependent to whom transferred, but shall
be available to the individual instead for educational
assistance under chapter 33 of title 38, United States Code
(as so added), in accordance with the provisions of this
subsection.
(C) Availability of unrevoked entitlement.--Any entitlement
described in subparagraph (A) that is not revoked by an
individual in accordance with that subparagraph shall remain
available to the dependent or dependents concerned in
accordance with the current transfer of such entitlement
under section 3020 of title 38, United States Code.
(4) Post-9/11 Educational Assistance.--
(A) In general.--Subject to subparagraph (B) and except as
provided in paragraph (5), an individual making an election
under paragraph (1) shall be entitled to educational
assistance under chapter 33 of title 38, United States Code
(as so added), in accordance with the provisions of such
chapter, instead of basic educational assistance under
chapter 30 of title 38, United States Code, or educational
assistance under chapter 107, 1606, or 1607 of title 10,
United States Code, as applicable.
(B) Limitation on entitlement for certain individuals.--In
the case of an individual making an election under paragraph
(1) who is described by subparagraph (A)(i) of that
paragraph, the number of months of entitlement of the
individual to educational assistance under chapter 33 of
title 38, United States Code (as so added), shall be the
number of months equal to--
(i) the number of months of unused entitlement of the
individual under chapter 30 of title 38, United States Code,
as of the date of the election, plus
(ii) the number of months, if any, of entitlement revoked
by the individual under paragraph (3)(A).
(5) Continuing Entitlement to Educational Assistance Not
Available Under 9/11 Assistance Program.--
(A) In general.--In the event educational assistance to
which an individual making an election under paragraph (1)
would be entitled under chapter 30 of title 38, United States
Code, or chapter 107, 1606, or 1607 of title 10, United
States Code, as applicable, is not authorized to be available
to the individual under the provisions of chapter 33 of title
38, United States Code (as so added), the individual shall
remain entitled to such educational assistance in accordance
with the provisions of the applicable chapter.
(B) Charge for use of entitlement.--The utilization by an
individual of entitlement under subparagraph (A) shall be
chargeable against the entitlement of the individual to
educational assistance under chapter 33 of title 38, United
States Code (as so added), at the rate of one month of
entitlement under such chapter 33 for each month of
entitlement utilized by the individual under subparagraph (A)
(as determined as if such entitlement were utilized under the
provisions of chapter 30 of title 38, United States Code, or
chapter 107, 1606, or 1607 of title 10, United States Code,
as applicable).
(6) Additional Post-9/11 Assistance for Members Having Made
Contributions Toward Gi Bill.--
(A) Additional assistance.--In the case of an individual
making an election under paragraph (1) who is described by
clause (i), (iii), or (v) of subparagraph (A) of that
paragraph, the amount of educational assistance payable to
the individual under chapter 33 of title 38, United States
Code (as so added), as a monthly stipend payable under
paragraph (1)(B) of section 3313(c) of such title, or under
paragraphs (2) through (7) of that section (as applicable),
shall be the amount otherwise payable as a monthly stipend
under the applicable paragraph increased by the amount equal
to--
(i) the total amount of contributions toward basic
educational assistance made by the individual under section
3011(b) or 3012(c) of title 38, United States Code, as of the
date of the election, multiplied by
(ii) the fraction--
(I) the numerator of which is--
(aa) the number of months of entitlement to basic
educational assistance under chapter 30 of title 38, United
States Code, remaining to the individual at the time of the
election; plus
(bb) the number of months, if any, of entitlement under
such chapter 30 revoked by the individual under paragraph
(3)(A); and
(II) the denominator of which is 36 months.
(B) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by
subparagraph (A) who is described by paragraph (1)(A)(v), the
number of months of entitlement to basic educational
assistance remaining to the individual for purposes of
subparagraph (A)(ii)(I)(aa) shall be 36 months.
(C) Timing of payment.--The amount payable with respect to
an individual under subparagraph (A) shall be paid to the
individual together with the last payment of the monthly
stipend payable to the individual under paragraph (1)(B) of
section 3313(c) of title 38, United States Code (as so
added), or under paragraphs (2) through (7) of that section
(as applicable), before the exhaustion of the individual's
entitlement to educational assistance under chapter 33 of
such title (as so added).
(7) Continuing Entitlement to Additional Assistance for
Critical Skills or Speciality and Additional Service.--An
individual making an election under paragraph (1)(A) who, at
the time of the election, is entitled to increased
educational assistance under section 3015(d) of title 38,
United States Code, or section 16131(i) of title 10, United
States Code, or supplemental educational assistance under
subchapter III of chapter 30 of title 38, United States Code,
shall remain entitled to such increased educational
assistance or supplemental educational assistance in the
utilization of entitlement to educational assistance under
chapter 33 of title 38, United States Code (as so added), in
an amount equal to the quarter, semester, or term, as
applicable, equivalent of the monthly amount of such
increased educational assistance or supplemental educational
assistance payable with respect to the individual at the time
of the election.
(8) Irrevocability of Elections.--An election under
paragraph (1) or (3)(A) is irrevocable.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on August 1, 2009.
increase in amounts of basic educational assistance under the
montgomery gi bill
Sec. 5004. (a) Educational Assistance Based on Three-Year
Period of Obligated Service.--Subsection (a)(1) of section
3015 of title 38, United States Code, is amended--
(1) by striking subparagraphs (A) through (C) and inserting
the following new subparagraph:
``(A) for months occurring during the period beginning on
August 1, 2008, and ending on the last day of fiscal year
2009, $1,321; and''; and
(2) by redesignating subparagraph (D) as subparagraph (B).
(b) Educational Assistance Based on Two-Year Period of
Obligated Service.--Subsection (b)(1) of such section is
amended--
(1) by striking subparagraphs (A) through (C) and inserting
the following new subparagraph:
``(A) for months occurring during the period beginning on
August 1, 2008, and ending on the last day of fiscal year
2009, $1,073; and''; and
(2) by redesignating subparagraph (D) as subparagraph (B).
(c) Modification of Mechanism for Cost-of-Living
Adjustments.--Subsection (h)(1) of such section is amended by
striking subparagraphs (A) and (B) and inserting the
following new subparagraphs:
``(A) the average cost of undergraduate tuition in the
United States, as determined by the National Center for
Education Statistics, for the last academic year preceding
the beginning of the fiscal year for which the increase is
made, exceeds
``(B) the average cost of undergraduate tuition in the
United States, as so determined, for the academic year
preceding the academic year described in subparagraph (A).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on August 1, 2008.
(2) No cost-of-living adjustment for fiscal year 2009.--The
adjustment required by subsection (h) of section 3015 of
title 38, United States Code (as amended by this section), in
rates of basic educational assistance payable under
subsections (a) and (b) of such section (as so amended) shall
not be made for fiscal year 2009.
modification of amount available for reimbursement of state and local
agencies administering veterans education benefits
Sec. 5005. Section 3674(a)(4) of title 38, United States
Code, is amended by striking ``may not exceed'' and all that
follows through the end and inserting ``shall be
$19,000,000.''.
authority to transfer unused education benefits to family members for
career service members
Sec. 5006. (a) Authority to Transfer Montgomery GI Bill
Benefits to a Dependent.--Section 3020 of title 38, United
States Code, is amended--
(1) by striking the section heading and subsections (a) and
(b) and inserting the following:
``Sec. 3020. Authority to transfer unused education benefits
to family members for career service members
``(a) In General.--Subject to the provisions of this
section, the Secretary of Defense may authorize the Secretary
concerned, to promote recruitment and retention of members of
the Armed Forces, to permit an individual described in
subsection (b) who is entitled to basic educational
assistance under this subchapter to elect to transfer to one
or more of the dependents specified in subsection (c) the
unused portion of entitlement to such assistance, subject to
the limitation under subsection (d).
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is any member of the Armed Forces--
``(1) who, while serving on active duty or as a member of
the Selected Reserve at the time of the approval by the
Secretary concerned of the member's request to transfer
entitlement to basic educational assistance under this
section, has completed six years of service in the Armed
Forces and enters into an agreement to serve at least four
more years as a member of the Armed Forces; or
``(2) as determined in regulations pursuant to subsection
(k).'';
(2) by striking subsection (d) and inserting the following:
[[Page H5662]]
``(d) Limitation on Months of Transfer.--(1) An individual
approved to transfer an entitlement to basic educational
assistance under this section may transfer any unused
entitlement to one or more of the dependents specified in
subsection (c).
``(2) The total number of months of entitlement transferred
by an individual under this section may not exceed 36 months.
The Secretary of Defense may prescribe regulations that would
limit the months of entitlement that may be transferred under
this section to no less than 18 months.'';
(3) in subsection (f)(1) by striking ``without regard to
whether'' and inserting ``only while''; and
(4) in subsection (f)(2) by inserting ``as long as the
individual is serving on active duty or as a member of the
Selected Reserve'' after ``so transferred'';
(5) by adding at the end of subsection (f) the following:
``(3) Entitlement transferred under this section may not be
treated as marital property, or the asset of a marital
estate, subject to division in a divorce or other civil
proceeding.'';
(6) in subsection (h)(5) by inserting ``may use the benefit
without regard to the 10-year delimiting date, but'' after
``under this section''; and
(7) by striking subsection (k) and inserting the following:
``(k) Regulations.--The Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
prescribe regulations for purposes of this section. Such
regulations shall specify--
``(1) the manner of authorizing the military departments to
offer transfer of entitlements under this section;
``(2) the eligibility criteria in accordance with
subsection (b);
``(3) the limitations on the amount of entitlement eligible
to be transferred; and
``(4) the manner and effect of an election to modify or
revoke a transfer of entitlement under subsection (f)(2).''.
(b) Authority to Transfer Montgomery GI Bill for the
Selected Reserve Benefits to a Dependent.--Chapter 1606 of
title 10, United States Code, is amended by inserting after
section 16132 the following:
``Sec. 16132a. Authority to transfer unused education
benefits to family members
``(a) In General.--Subject to regulation prescribed by the
Secretary of Defense, the Secretary concerned may permit a
member described in subsection (b) who is entitled to basic
educational assistance under this chapter to elect to
transfer to one or more of the dependents specified in
subsection (c) a portion of such member's entitlement to such
assistance, subject to the limitation under subsection (d).
``(b) Eligible Members.--A member referred to in subsection
(a) is a member of the Selected Reserve of the Ready Reserve
who, at the time of the approval of the member's request to
transfer entitlement to basic educational assistance under
this section, has completed--
``(1) at least six years of service in the Selected Reserve
and enters into an agreement to service at least four more
years as a member of the armed forces; or
``(2) the years of service as determined in regulations
pursuant to subsection (j).
``(c) Eligible Dependents.--A member approved to transfer
an entitlement to basic educational assistance under this
section may transfer the member's entitlement as follows:
``(1) To the member's spouse.
``(2) To one or more of the member's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--The total number
of months of entitlement transferred by a member under this
section may not exceed 36 months. The Secretary of Defense
may prescribe regulations that would limit the months of
entitlement that may be transferred under this section to no
less than 18 months.
``(e) Designation of Transferee.--A member transferring an
entitlement to basic educational assistance under this
section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to
be transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--(1)
Subject to the time limitation for use of entitlement under
section 16133, a member approved to transfer entitlement to
basic educational assistance under this section may transfer
such entitlement at any time after the approval of the
member's request to transfer such entitlement.
``(2) A member transferring entitlement under this section
may modify or revoke at any time the transfer of any unused
portion of the entitlement so transferred. The modification
or revocation of the transfer of entitlement under this
paragraph shall be made by the submittal of written notice of
the action to both the Secretary concerned and the Secretary
of Veterans Affairs.
``(3) Entitlement transferred under this section may not be
treated as marital property, or the asset of a marital
estate, subject to division in a divorce or other civil
proceeding.
``(g) Commencement of Use.--A dependent to whom entitlement
to basic educational assistance is transferred under this
section may not commence the use of the transferred
entitlement until--
``(1) in the case of entitlement transferred to a spouse,
the completion by the member making the transfer of at
least--
``(A) six years of service in the armed forces; or
``(B) the years of service as determined in regulations
pursuant to subsection (j); or
``(2) in the case of entitlement transferred to a child,
both--
``(A) the completion by the member making the transfer of
at least--
``(i) ten years of service in the armed forces; or
``(ii) the years of service as determined in regulations
pursuant to subsection (j); and
``(B) either--
``(i) the completion by the child of the requirements of a
secondary school diploma (or equivalency certificate); or
``(ii) the attainment by the child of 18 years of age.
``(h) Additional Administrative Matters.--(1) The use of
any entitlement to basic educational assistance transferred
under this section shall be charged against the entitlement
of the member making the transfer at the rate of one month
for each month of transferred entitlement that is used.
``(2) Except as provided under subsection (e)(2) and
subject to paragraphs (5) and (6), a dependent to whom
entitlement is transferred under this section is entitled to
basic educational assistance under this chapter in the same
manner as the member from whom the entitlement was
transferred.
``(3) The monthly rate of educational assistance payable to
a dependent to whom entitlement is transferred under this
section shall be the monthly amount payable under sections
16131 and 16131a to the member making the transfer.
``(4) The death of a member transferring an entitlement
under this section shall not affect the use of the
entitlement by the dependent to whom the entitlement is
transferred.
``(5) The involuntary separation or retirement of the
member--
``(A) because of a nondiscretionary provision of law for
age or years of service;
``(B) because of a policy prescribed by the Secretary
concerned mandating such separation or retirement based
solely on age or years of service for the prescribed pay
grade of an enlisted member;
``(C) under section 16133(b); or
``(D) because of medical disqualification which is not the
result of gross negligence or misconduct of the member,
shall not affect the use of entitlement by the dependent to
whom the entitlement is transferred.
``(6) A child to whom entitlement is transferred under this
section may not use any entitlement so transferred after
attaining the age of 26 years.
``(7) The administrative provisions of this chapter shall
apply to the use of entitlement transferred under this
section, except that the dependent to whom the entitlement is
transferred shall be treated as the eligible member for
purposes of such provisions.
``(8) The purposes for which a dependent to whom
entitlement is transferred under this section may use such
entitlement shall include the pursuit and completion of the
requirements of a secondary school diploma (or equivalency
certificate).
``(i) Overpayment.--(1) In the event of an overpayment of
basic educational assistance with respect to a dependent to
whom entitlement is transferred under this section, the
dependent and the member making the transfer shall be jointly
and severally liable to the United States for the amount of
the overpayment for purposes of section 3685 of title 38.
``(2) Except as provided in paragraph (3), if a member's
whose eligibility is terminated under section 16134(2), the
amount of any transferred entitlement under this section that
is used by a dependent of the member as of the date of such
termination shall be treated as an overpayment of basic
educational assistance under paragraph (1).
``(3) Paragraph (2) shall not apply in the case of a member
who fails to complete service agreed to by the member--
``(A) by reason of the death of the member; or
``(B) for a reason referred to in section 16133(b).
``(j) Regulations.--The Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
prescribe regulations for purposes of this section. Such
regulations shall specify--
``(1) the manner of authorizing the military departments to
offer transfer of entitlements under this section;
``(2) the eligibility criteria in accordance with
subsection (b);
``(3) the manner and effect of an election to modify or
revoke a transfer of entitlement under subsection (f)(2); and
``(4) the manner in which the provisions referred to in
subsections (h)(4) and (5) shall be administered with respect
to a dependent to whom entitlement is transferred under this
section.''.
(c) Authority to Transfer Reserve Educational Assistance
Program Benefits to a Dependent.--Chapter 1607 of such title
is amended by inserting after section 16163 the following:
``Sec. 16163a. Authority to transfer unused education
benefits to family members
``(a) In General.--Subject to the provisions of this
section, the Secretary concerned may permit, at such
Secretary's sole
[[Page H5663]]
discretion, a member described in subsection (b) who is
entitled to basic educational assistance under this chapter
to elect to transfer to one or more of the dependents
specified in subsection (c) a portion of such member's
entitlement to such assistance, subject to the limitation
under subsection (d).
``(b) Eligible Members.--A member referred to in subsection
(a) is a member of the armed forces who, at the time of the
approval of the member's request to transfer entitlement to
basic educational assistance under this section, has
completed at least--
``(1) six years of service in the armed forces and enters
into an agreement to serve at least four more years as a
member of the armed forces; or
``(2) the years of service as determined in regulations
pursuant to section (j).
``(c) Eligible Dependents.--A member approved to transfer
an entitlement to basic educational assistance under this
section may transfer the member's entitlement as follows:
``(1) To the member's spouse.
``(2) To one or more of the member's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) Limitation on Months of Transfer.--The total number
of months of entitlement transferred by a member under this
section may not exceed 36 months. The Secretary of Defense
may prescribe regulations that would limit the months of
entitlement that may be transferred under this section to no
less than 18 months.
``(e) Designation of Transferee.--A member transferring an
entitlement to basic educational assistance under this
section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to
be transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).
``(f) Time for Transfer; Revocation and Modification.--(1)
Subject to the time limitation for use of entitlement under
section 16164, a member approved to transfer entitlement to
basic educational assistance under this section may transfer
such entitlement only while serving as a member of the armed
forces when the transfer is executed.
``(2) A member transferring entitlement under this section
may modify or revoke at any time the transfer of any unused
portion of the entitlement so transferred. The modification
or revocation of the transfer of entitlement under this
paragraph shall be made by the submittal of written notice of
the action to both the Secretary concerned and the Secretary
of Veterans Affairs.
``(3) Entitlement transferred under this section may not be
treated as marital property, or the asset of a marital
estate, subject to division in a divorce or other civil
proceeding.
``(g) Commencement of Use.--A dependent to whom entitlement
to basic educational assistance is transferred under this
section may not commence the use of the transferred
entitlement until--
``(1) in the case of entitlement transferred to a spouse,
the completion by the member making the transfer of at
least--
``(A) six years of service in the armed forces; or
``(B) the years of service as determined in regulations
pursuant to subsection (j); or
``(2) in the case of entitlement transferred to a child,
both--
``(A) the completion by the member making the transfer of
at least--
``(i) ten years of service in the armed forces; or
``(ii) the years of service as determined in regulations
pursuant to subsection (j); and
``(B) either--
``(i) the completion by the child of the requirements of a
secondary school diploma (or equivalency certificate); or
``(ii) the attainment by the child of 18 years of age.
``(h) Additional Administrative Matters.--(1) The use of
any entitlement to basic educational assistance transferred
under this section shall be charged against the entitlement
of the member making the transfer at the rate of one month
for each month of transferred entitlement that is used.
``(2) Except as provided under subsection (e)(2) and
subject to paragraphs (5) and (6), a dependent to whom
entitlement is transferred under this section is entitled to
basic educational assistance under this chapter in the same
manner as the member from whom the entitlement was
transferred.
``(3) The monthly rate of educational assistance payable to
a dependent to whom entitlement is transferred under this
section shall be the monthly amount payable under sections
16162 and 16162a to the member making the transfer.
``(4) The death of a member transferring an entitlement
under this section shall not affect the use of the
entitlement by the dependent to whom the entitlement is
transferred.
``(5) Notwithstanding section 16164(a)(2), a child to whom
entitlement is transferred under this section may use the
benefit without regard to the 10-year delimiting date, but
may not use any entitlement so transferred after attaining
the age of 26 years.
``(6) The administrative provisions of this chapter shall
apply to the use of entitlement transferred under this
section, except that the dependent to whom the entitlement is
transferred shall be treated as the eligible member for
purposes of such provisions.
``(7) The purposes for which a dependent to whom
entitlement is transferred under this section may use such
entitlement shall include the pursuit and completion of the
requirements of a secondary school diploma (or equivalency
certificate).
``(i) Overpayment.--
``(1) Joint and several liability.--In the event of an
overpayment of basic educational assistance with respect to a
dependent to whom entitlement is transferred under this
section, the dependent and the member making the transfer
shall be jointly and severally liable to the United States
for the amount of the overpayment for purposes of section
3685 of title 38.
``(2) Failure to complete service agreement.--Except as
provided in paragraph (3), if an individual transferring
entitlement under this section fails to complete the service
agreed to by the individual under subsection (b)(1) in
accordance with the terms of the agreement of the individual
under that subsection, the amount of any transferred
entitlement under this section that is used by a dependent of
the individual as of the date of such failure shall be
treated as an overpayment of educational assistance under
paragraph (1).
``(3) Paragraph (2) shall not apply in the case of an
individual who fails to complete service agreed to by the
individual--
``(A) by reason of the death of the individual; or
``(B) for a reason referred to in section 16133(b).
``(j) Regulations.--(1) The Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
prescribe regulations for purposes of this section.
``(2) Such regulations shall specify--
``(A) the manner of authorizing the transfer of
entitlements under this section;
``(B) the eligibility criteria in accordance with
subsection (b); and
``(C) the manner and effect of an election to modify or
revoke a transfer of entitlement under subsection (f)(2).
``(k) Secretary Concerned Defined.--For purposes of this
section, the term `Secretary concerned' has the meaning given
in section 101(a)(9) in the case of a member of the armed
forces.''.
(d) Conforming Amendments.--Section 16133(a) of title 10,
United States Code, is amended by striking ``(1)'' and all
that follows through the period at the end of the subsection
and inserting ``on the date the person is separated from the
Selected Reserve.''.
(e) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 30 of title 38, United States Code, is
amended by striking the item relating to section 3020 and
inserting the following new item:
``3020. Authority to transfer unused education benefits to family
members of career service members.''.
(2) The table of sections at the beginning of chapter 1606
of title 10, United States Code, is amended by inserting
after the item relating to section 16132 the following new
item:
``16132a. Authority to transfer unused education benefits to family
members.''.
(3) The table of sections at the beginning of chapter 1607
of such title is amended by inserting after the item relating
to section 16163 the following new item:
``16163a. Authority to transfer unused education benefits to family
members.''.
TITLE VI--ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT CONTRACTING
CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE
short title
Sec. 6101. This chapter may be cited as the ``Close the
Contractor Fraud Loophole Act''.
revision of the federal acquisition regulation
Sec. 6102. The Federal Acquisition Regulation shall be
amended within 180 days after the date of the enactment of
this Act pursuant to FAR Case 2007-006 (as published at 72
Fed Reg. 64019, November 14, 2007) or any follow-on FAR case
to include provisions that require timely notification by
Federal contractors of violations of Federal criminal law or
overpayments in connection with the award or performance of
covered contracts or subcontracts, including those performed
outside the United States and those for commercial items.
definition
Sec. 6103. In this chapter, the term ``covered contract''
means any contract in an amount greater than $5,000,000 and
more than 120 days in duration.
CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY
short title
Sec. 6201. This chapter may be cited as the ``Government
Funding Transparency Act of 2008''.
financial disclosure requirements for certain recipients of federal
awards
Sec. 6202. (a) Disclosure Requirements.--Section 2(b)(1)
of the Federal Funding Accountability and Transparency Act
(Public Law 109-282; 31 U.S.C. 6101 note) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
[[Page H5664]]
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) the names and total compensation of the five most
highly compensated officers of the entity if--
``(i) the entity in the preceding fiscal year received--
``(I) 80 percent or more of its annual gross revenues in
Federal awards; and
``(II) $25,000,000 or more in annual gross revenues from
Federal awards; and
``(ii) the public does not have access to information about
the compensation of the senior executives of the entity
through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or section 6104 of the Internal Revenue Code of
1986.''.
(b) Regulations Required.--The Director of the Office of
Management and Budget shall promulgate regulations to
implement the amendment made by this chapter. Such
regulations shall include a definition of ``total
compensation'' that is consistent with regulations of the
Securities and Exchange Commission at section 402 of part 229
of title 17 of the Code of Federal Regulations (or any
subsequent regulation).
TITLE VII--MEDICAID PROVISIONS
Sec. 7001. (a) Moratoria on Certain Medicaid Regulations.--
(1) Extension of certain moratoria in public law 110-28.--
Section 7002(a)(1) of the U.S. Troop Readiness, Veterans'
Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (Public Law 110-28) is amended--
(A) by striking ``prior to the date that is 1 year after
the date of enactment of this Act'' and inserting ``prior to
April 1, 2009'';
(B) in subparagraph (A), by inserting after ``Federal
Regulations)'' the following: ``or in the final regulation,
relating to such parts, published on May 29, 2007 (72 Federal
Register 29748) and determined by the United States District
Court for the District of Columbia to have been `improperly
promulgated', Alameda County Medical Center, et al., v.
Leavitt, et al., Civil Action No. 08-0422, Mem. at 4 (D.D.C.
May 23, 2008)''; and
(C) in subparagraph (C), by inserting before the period at
the end the following: ``, including the proposed regulation
published on May 23, 2007 (72 Federal Register 28930)''.
(2) Extension of certain moratoria in public law 110-173.--
Section 206 of the Medicare, Medicaid, and SCHIP Extension
Act of 2007 (Public Law 110-173) is amended--
(A) by striking ``June 30, 2008'' and inserting ``April 1,
2009'';
(B) by inserting ``, including the proposed regulation
published on August 13, 2007 (72 Federal Register 45201),''
after ``rehabilitation services''; and
(C) by inserting ``, including the final regulation
published on December 28, 2007 (72 Federal Register 73635),''
after ``school-based transportation''.
(3) Additional moratoria.--
(A) In general.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services shall not,
prior to April 1, 2009, take any action (through promulgation
of regulation, issuance of regulatory guidance, use of
Federal payment audit procedures, or other administrative
action, policy, or practice, including a Medical Assistance
Manual transmittal or letter to State Medicaid directors) to
impose any restrictions relating to a provision described in
subparagraph (B) or (C) if such restrictions are more
restrictive in any aspect than those applied to the
respective provision as of the date specified in subparagraph
(D) for such provision.
(B) Portion of interim final regulation relating to
medicaid treatment of optional case management services.--
(i) In general.--Subject to clause (ii), the provision
described in this subparagraph is the interim final
regulation relating to optional State plan case management
services under the Medicaid program published on December 4,
2007 (72 Federal Register 68077) in its entirety.
(ii) Exception.--The provision described in this
subparagraph does not include the portion of such regulation
as relates directly to implementing section 1915(g)(2)(A)(ii)
of the Social Security Act, as amended by section 6052 of the
Deficit Reduction Act of 2005 (Public Law 109-171), through
the definition of case management services and targeted case
management services contained in proposed section 440.169 of
title 42, Code of Federal Regulations, but only to the extent
that such portion is not more restrictive than the policies
set forth in the Dear State Medicaid Director letter on case
management issued on January 19, 2001 (SMDL #01-013), and
with respect to community transition case management, the
Dear State Medicaid Director letter issued on July 25, 2000
(Olmstead Update 3).
(C) Portion of proposed regulation relating to medicaid
allowable provider taxes.--
(i) In general.--Subject to clause (ii), the provision
described in this subparagraph is the final regulation
relating to health-care-related taxes under the Medicaid
program published on February 22, 2008 (73 Federal Register
9685) in its entirety.
(ii) Exception.--The provision described in this
subparagraph does not include the portions of such regulation
as relate to the following:
(I) Reduction in threshold.--The reduction from 6 percent
to 5.5 percent in the threshold applied under section
433.68(f)(3)(i) of title 42, Code of Federal Regulations, for
determining whether or not there is an indirect guarantee to
hold a taxpayer harmless, as required to carry out section
1903(w)(4)(C)(ii) of the Social Security Act, as added by
section 403 of the Medicare Improvement and Extension Act of
2006 (division B of Public Law 109-432).
(II) Change in definition of managed care.--The change in
the definition of managed care as proposed in the revision of
section 433.56(a)(8) of title 42, Code of Federal
Regulations, as required to carry out section
1903(w)(7)(A)(viii) of the Social Security Act, as amended by
section 6051 of the Deficit Reduction Act of 2005 (Public Law
109-171).
(D) Date specified.--The date specified in this
subparagraph for the provision described in--
(i) subparagraph (B) is December 3, 2007; or
(ii) subparagraph (C) is February 21, 2008.
(b) Funds to Reduce Medicaid Fraud and Abuse.--
(1) In general.--For purposes of reducing fraud and abuse
in the Medicaid program under title XIX of the Social
Security Act--
(A) there is appropriated to the Office of the Inspector
General of the Department of Health and Human Services, out
of any money in the Treasury not otherwise appropriated,
$25,000,000, for fiscal year 2009; and
(B) there is authorized to be appropriated to such Office
$25,000,000 for fiscal year 2010 and each subsequent fiscal
year.
Amounts appropriated under this section shall remain
available for expenditure until expended and shall be in
addition to any other amounts appropriated or made available
to such Office for such purposes with respect to the Medicaid
program.
(2) Annual report.--Not later than September 30 of 2009 and
of each subsequent year, the Inspector General of the
Department of Health and Human Services shall submit to the
Committees on Energy and Commerce and Appropriations of the
House of Representatives and the Committees on Finance and
Appropriations of the Senate a report on the activities (and
the results of such activities) funded under paragraph (1) to
reduce waste, fraud, and abuse in the Medicaid program under
title XIX of the Social Security Act during the previous 12
month period, including the amount of funds appropriated
under such paragraph for each such activity and an estimate
of the savings to the Medicaid program resulting from each
such activity.
(c) Study and Reports to Congress.--
(1) Secretarial report identifying problems.--Not later
than January 1, 2009, the Secretary of Health and Human
Services shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Finance
of the Senate a report that--
(A) outlines the specific problems the Medicaid regulations
referred to in the amendments made by paragraphs (1) and (2)
of subsection (a) were intended to address;
(B) details how these regulations were designed to address
these specific problems; and
(C) cites the legal authority for such regulations.
(2) Independent comprehensive study and report.--
(A) In general.--Not later than January 1, 2009, the
Secretary of Health and Human Services shall enter into a
contract with an independent organization for the purpose
of--
(i) producing a comprehensive report on the prevalence of
the problems outlined in the report submitted under paragraph
(1);
(ii) identifying strategies in existence to address these
problems; and
(iii) assessing the impact of each regulation referred to
in such paragraph on each State and the District of Columbia.
(B) Additional matter.--The report under subparagraph (A)
shall also include--
(i) an identification of which claims for items and
services (including administrative activities) under title
XIX of the Social Security Act are not processed through
systems described in section 1903(r) of such Act;
(ii) an examination of the reasons why these claims for
such items and services are not processed through such
systems; and
(iii) recommendations on actions by the Federal government
and the States that can make claims for such items and
services more accurate and complete consistent with such
title.
(C) Deadline.--The report under subparagraph (A) shall be
submitted to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Finance of the
Senate not later than September 1, 2009.
(D) Cooperation of states.--If the Secretary of Health and
Human Services determines that a State or the District of
Columbia has not cooperated with the independent organization
for purposes of the report under this paragraph, the
Secretary shall reduce the amount paid to the State or
District under section 1903(a) of the Social Security Act (42
U.S.C. 1396b(a)) by $25,000 for each day on which the
Secretary determines such State or District has not so
cooperated. Such reduction shall be made through a process
that permits the State or District to challenge the
Secretary's determination.
(3) Funding.--
(A) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary without further appropriation,
$5,000,000 to carry out this subsection.
[[Page H5665]]
(B) Availability; amounts in addition to other amounts
appropriated for such activities.--Amounts appropriated
pursuant to subparagraph (A) shall--
(i) remain available until expended; and
(ii) be in addition to any other amounts appropriated or
made available to the Secretary of Health and Human Services
with respect to the Medicaid program.
(d) Asset Verification Through Access to Information Held
by Financial Institutions.--
(1) Addition of authority.--Title XIX of the Social
Security Act is amended by inserting after section 1939 the
following new section:
``asset verification through access to information held by financial
institutions
``Sec. 1940. (a) Implementation.--
``(1) In general.--Subject to the provisions of this
section, each State shall implement an asset verification
program described in subsection (b), for purposes of
determining or redetermining the eligibility of an individual
for medical assistance under the State plan under this title.
``(2) Plan submittal.--In order to meet the requirement of
paragraph (1), each State shall--
``(A) submit not later than a deadline specified by the
Secretary consistent with paragraph (3), a State plan
amendment under this title that describes how the State
intends to implement the asset verification program; and
``(B) provide for implementation of such program for
eligibility determinations and redeterminations made on or
after 6 months after the deadline established for submittal
of such plan amendment.
``(3) Phase-in.--
``(A) In general.--
``(i) Implementation in current asset verification demo
states.--The Secretary shall require those States specified
in subparagraph (C) (to which an asset verification program
has been applied before the date of the enactment of this
section) to implement an asset verification program under
this subsection by the end of fiscal year 2009.
``(ii) Implementation in other states.--The Secretary shall
require other States to submit and implement an asset
verification program under this subsection in such manner as
is designed to result in the application of such programs, in
the aggregate for all such other States, to enrollment of
approximately, but not less than, the following percentage of
enrollees, in the aggregate for all such other States, by the
end of the fiscal year involved:
``(I) 12.5 percent by the end of fiscal year 2009.
``(II) 25 percent by the end of fiscal year 2010.
``(III) 50 percent by the end of fiscal year 2011.
``(IV) 75 percent by the end of fiscal year 2012.
``(V) 100 percent by the end of fiscal year 2013.
``(B) Consideration.--In selecting States under
subparagraph (A)(ii), the Secretary shall consult with the
States involved and take into account the feasibility of
implementing asset verification programs in each such State.
``(C) States specified.--The States specified in this
subparagraph are California, New York, and New Jersey.
``(D) Construction.--Nothing in subparagraph (A)(ii) shall
be construed as preventing a State from requesting, and the
Secretary from approving, the implementation of an asset
verification program in advance of the deadline otherwise
established under such subparagraph.
``(4) Exemption of territories.--This section shall only
apply to the 50 States and the District of Columbia.
``(b) Asset Verification Program.--
``(1) In general.--For purposes of this section, an asset
verification program means a program described in paragraph
(2) under which a State--
``(A) requires each applicant for, or recipient of, medical
assistance under the State plan under this title on the basis
of being aged, blind, or disabled to provide authorization by
such applicant or recipient (and any other person whose
resources are required by law to be disclosed to determine
the eligibility of the applicant or recipient for such
assistance) for the State to obtain (subject to the cost
reimbursement requirements of section 1115(a) of the Right to
Financial Privacy Act but at no cost to the applicant or
recipient) from any financial institution (within the meaning
of section 1101(1) of such Act) any financial record (within
the meaning of section 1101(2) of such Act) held by the
institution with respect to the applicant or recipient (and
such other person, as applicable), whenever the State
determines the record is needed in connection with a
determination with respect to such eligibility for (or the
amount or extent of) such medical assistance; and
``(B) uses the authorization provided under subparagraph
(A) to verify the financial resources of such applicant or
recipient (and such other person, as applicable), in order to
determine or redetermine the eligibility of such applicant or
recipient for medical assistance under the State plan.
``(2) Program described.--A program described in this
paragraph is a program for verifying individual assets in a
manner consistent with the approach used by the Commissioner
of Social Security under section 1631(e)(1)(B)(ii).
``(c) Duration of Authorization.--Notwithstanding section
1104(a)(1) of the Right to Financial Privacy Act, an
authorization provided to a State under subsection (b)(1)
shall remain effective until the earliest of--
``(1) the rendering of a final adverse decision on the
applicant's application for medical assistance under the
State's plan under this title;
``(2) the cessation of the recipient's eligibility for such
medical assistance; or
``(3) the express revocation by the applicant or recipient
(or such other person described in subsection (b)(1), as
applicable) of the authorization, in a written notification
to the State.
``(d) Treatment of Right to Financial Privacy Act
Requirements.--
``(1) An authorization obtained by the State under
subsection (b)(1) shall be considered to meet the
requirements of the Right to Financial Privacy Act for
purposes of section 1103(a) of such Act, and need not be
furnished to the financial institution, notwithstanding
section 1104(a) of such Act.
``(2) The certification requirements of section 1103(b) of
the Right to Financial Privacy Act shall not apply to
requests by the State pursuant to an authorization provided
under subsection (b)(1).
``(3) A request by the State pursuant to an authorization
provided under subsection (b)(1) is deemed to meet the
requirements of section 1104(a)(3) of the Right to Financial
Privacy Act and of section 1102 of such Act, relating to a
reasonable description of financial records.
``(e) Required Disclosure.--The State shall inform any
person who provides authorization pursuant to subsection
(b)(1)(A) of the duration and scope of the authorization.
``(f) Refusal or Revocation of Authorization.--If an
applicant for, or recipient of, medical assistance under the
State plan under this title (or such other person described
in subsection (b)(1), as applicable) refuses to provide, or
revokes, any authorization made by the applicant or recipient
(or such other person, as applicable) under subsection
(b)(1)(A) for the State to obtain from any financial
institution any financial record, the State may, on that
basis, determine that the applicant or recipient is
ineligible for medical assistance.
``(g) Use of Contractor.--For purposes of implementing an
asset verification program under this section, a State may
select and enter into a contract with a public or private
entity meeting such criteria and qualifications as the State
determines appropriate, consistent with requirements in
regulations relating to general contracting provisions and
with section 1903(i)(2). In carrying out activities under
such contract, such an entity shall be subject to the same
requirements and limitations on use and disclosure of
information as would apply if the State were to carry out
such activities directly.
``(h) Technical Assistance.--The Secretary shall provide
States with technical assistance to aid in implementation of
an asset verification program under this section.
``(i) Reports.--A State implementing an asset verification
program under this section shall furnish to the Secretary
such reports concerning the program, at such times, in such
format, and containing such information as the Secretary
determines appropriate.
``(j) Treatment of Program Expenses.--Notwithstanding any
other provision of law, reasonable expenses of States in
carrying out the program under this section shall be treated,
for purposes of section 1903(a), in the same manner as State
expenditures specified in paragraph (7) of such section.''.
(2) State plan requirements.--Section 1902(a) of such Act
(42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (69) by striking ``and'' at the end;
(B) in paragraph (70) by striking the period at the end and
inserting ``; and''; and
(C) by inserting after paragraph (70), as so amended, the
following new paragraph:
``(71) provide that the State will implement an asset
verification program as required under section 1940.''.
(3) Withholding of federal matching payments for
noncompliant states.--Section 1903(i) of such Act (42 U.S.C.
1396b(i)) is amended--
(A) in paragraph (22) by striking ``or'' at the end;
(B) in paragraph (23) by striking the period at the end and
inserting ``; or''; and
(C) by adding after paragraph (23) the following new
paragraph:
``(24) if a State is required to implement an asset
verification program under section 1940 and fails to
implement such program in accordance with such section, with
respect to amounts expended by such State for medical
assistance for individuals subject to asset verification
under such section, unless--
``(A) the State demonstrates to the Secretary's
satisfaction that the State made a good faith effort to
comply;
``(B) not later than 60 days after the date of a finding
that the State is in noncompliance, the State submits to the
Secretary (and the Secretary approves) a corrective action
plan to remedy such noncompliance; and
``(C) not later than 12 months after the date of such
submission (and approval), the State fulfills the terms of
such corrective action plan.''.
(4) Repeal.--Section 4 of Public Law 110-90 is repealed.
Sec. 7002. (a) Medicare Improvement Fund.-- Title XVIII of
the Social Security
[[Page H5666]]
Act (42 U.S.C. 1395 et seq.) is amended by adding at the end
the following new section:
``medicare improvement fund
``Sec. 1898. (a) Establishment.--The Secretary shall
establish under this title a Medicare Improvement Fund (in
this section referred to as the `Fund') which shall be
available to the Secretary to make improvements under the
original fee-for-service program under parts A and B for
individuals entitled to, or enrolled for, benefits under part
A or enrolled under part B.
``(b) Funding.--
``(1) In general.--There shall be available to the Fund,
for expenditures from the Fund for services furnished during
fiscal year 2014, $2,220,000,000.
``(2) Payment from trust funds.--The amount specified under
paragraph (1) shall be available to the Fund, as expenditures
are made from the Fund, from the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund in such proportion as the Secretary determines
appropriate.
``(3) Funding limitation.--Amounts in the Fund shall be
available in advance of appropriations but only if the total
amount obligated from the Fund does not exceed the amount
available to the Fund under paragraph (1). The Secretary may
obligate funds from the Fund only if the Secretary determines
(and the Chief Actuary of the Centers for Medicare & Medicaid
Services and the appropriate budget officer certify) that
there are available in the Fund sufficient amounts to cover
all such obligations incurred consistent with the previous
sentence.''.
(b) Medicaid Improvement Fund.-- Title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), as amended by section
7001(d), is further amended by adding at the end the
following new section:
``medicaid improvement fund
``Sec. 1941. (a) Establishment.--The Secretary shall
establish under this title a Medicaid Improvement Fund (in
this section referred to as the `Fund') which shall be
available to the Secretary to improve the management of the
Medicaid program by the Centers for Medicare & Medicaid
Services, including oversight of contracts and contractors
and evaluation of demonstration projects. Payments made for
activities under this subsection shall be in addition to
payments that would otherwise be made for such activities.
``(b) Funding.--
``(1) In general.--There shall be available to the Fund,
for expenditures from the Fund--
``(A) for fiscal year 2014, $100,000,000; and
``(B) for fiscal years 2015 through 2018, $150,000,000.
``(2) Funding limitation.--Amounts in the Fund shall be
available in advance of appropriations but only if the total
amount obligated from the Fund does not exceed the amount
available to the Fund under paragraph (1). The Secretary may
obligate funds from the Fund only if the Secretary determines
(and the Chief Actuary of the Centers for Medicare & Medicaid
Services and the appropriate budget officer certify) that
there are available in the Fund sufficient amounts to cover
all such obligations incurred consistent with the previous
sentence.''.
(c) Adjustment to PAQI Fund.--Section 1848(l)(2) of the
Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by
section 101(a)(2) of the Medicare, Medicaid, and SCHIP
Extension Act of 2007 (Public Law 110-173), is amended--
(1) in subparagraph (A)(i)--
(A) in subclause (III), by striking ``$4,960,000,000'' and
inserting ``$4,670,000,000''; and
(B) by adding at the end the following new subclause:
``(IV) For expenditures during 2014, an amount equal to
$290,000,000.'';
(2) in subparagraph (A)(ii), by adding at the end the
following new subclause:
``(IV) 2014.--The amount available for expenditures during
2014 shall only be available for an adjustment to the update
of the conversion factor under subsection (d) for that
year.''; and
(3) in subparagraph (B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) 2014 for payment with respect to physicians'
services furnished during 2014.''.
TITLE VIII--GENERAL PROVISIONS, THIS ACT
availability of funds
Sec. 8001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
emergency designation
Sec. 8002. Each amount in each title of this Act is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to section 204(a) of S. Con. Res. 21
(110th Congress) and section 301(b)(2) of S. Con. Res. 70
(110th Congress), the concurrent resolutions on the budget
for fiscal years 2008 and 2009.
reduction in defense amounts
Sec. 8003. Notwithstanding any other provision of this
Act, the total amount appropriated in chapter 1 of title IX
of this Act under the headings ``Procurement'', ``Research,
Development, Test and Evaluation'', and ``Defense Working
Capital Funds'' is hereby reduced by $3,577,845,000. Such
reduction shall be applied proportionally to each
appropriation account under such headings, and to each
program, project, and activity within each such appropriation
account.
joint basing initiatives
Sec. 8004. Section 9310 of this Act is amended by
inserting ``, except funds deposited in the Department of
Defense Base Closure Account 2005,'' after ``None of the
funds available to the Department of Defense''.
defense health program
Sec. 8005. Amounts provided for ``Defense Health Program''
in Public Law 110-28 for Post Traumatic Stress Disorder and
Traumatic Brain Injury (TBI) within operation and maintenance
which remain available for obligation shall be made available
for psychological health and traumatic brain injury.
short title
Sec. 8006. This Act may be cited as the ``Supplemental
Appropriations Act, 2008''.
Page 60 of the Senate engrossed amendment (of September 6,
2007) to H.R. 2642, strike lines 1 through 3.
The SPEAKER pro tempore. Pursuant to House Resolution 1284, the
gentleman from Wisconsin (Mr. Obey) and the gentleman from California
(Mr. Lewis) each will control 30 minutes.
The Chair recognizes the gentleman from Wisconsin.
General Leave
Mr. OBEY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the pending legislation.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. OBEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we've heard a lot of comments tonight about what there
should or should not be in this legislation, and I agree with many of
those comments. And honestly, just once, acting as chairman of a
committee, I would like to put together a bill which reflects my
priorities. But that is not usually what chairmen have to do in this
place.
What we have to do is try to find a consensus that will gather 218
votes and be sustained over time. And on this bill, there are some
peculiar problems because, very frankly, we have a very different
constituency in this House for continuing the war in Iraq than we have
for most of the other items in the bill and, therefore, we had to find
a way to allow each and every Member of the House to express his or her
opinion. We had to try to find a way to allow each and every Member to
vote their convictions in a way which would not keep the House tied up
in knots for another 6 months.
Now, the way we did that was to adopt a procedure under which we took
a conference report pending between the Senate and the House, and used
that as the device by which each House would express their preferences,
and we would work our way to a solution.
Our committee is often criticized because we wind up producing
omnibus appropriations in which everything is thrown into one package,
and people are forced to vote up or down on the entire package. What we
tried to do this time was to do just the opposite, to disaggregate
these issues so that people would have a chance to vote separately on
the major propositions in the legislation.
And that is why the House sent to the Senate originally three
amendments. We sent one amendment that would fund the operations for
Iraq and Afghanistan. We sent a second amendment which stipulated the
conditions under which the first amendment money could be expended. And
then we had a third amendment which laid out, basically, other domestic
priorities or associated military priorities that we thought were
important. And we sent it to the Senate, and it included a number of
items about which questions have been raised tonight.
In addition to the expanded GI benefits for veterans and unemployment
compensation, we tried to protect the Medicaid safety net by having a
moratorium on seven Medicaid regulations.
{time} 1900
We also had a number of restrictions on Iraq policy, one requiring
that any money that is expended for reconstruction by the State
Department or USAID be matched dollar for dollar by the Iraqi
Government so that they
[[Page H5667]]
would begin to pick up a fair share of the cost of redeveloping their
own country.
We also had language with respect to trying to assure that there
would be no permanent bases in Iraq. We had funding $2.2 billion above
the President's level for military construction and veterans'
hospitals, and we fully funded BRAC.
Someone asked earlier on the floor today why did we have $178 million
in this war supplemental for the Bureau of Prisons. Very simple.
Because the executive agency asked for the money because if we don't,
there are going to be prison guards laid off because there has been a
heavier than expected Federal prison population. And that may not be an
emergency to Members of Congress, but if you're one of those prison
guards who's working shorthanded under dangerous situations, you don't
want to have people laid off in those Federal prisons.
And so we sent that package over to the Senate, and the Senate added
roughly 37 additional items which cost $10 billion and which the House
felt, in many instances, did not accurately reflect emergency
expenditure funds.
So the Senate sent those amendments back to us, and among other
things, they stripped out totally the conditions on the war. That is
why I will personally vote against amendment No. 1 because I would vote
for that amendment provided that we had a set of reasonable conditions
in defining what our national policy is in Iraq. Absent those
conditions, I don't intend to vote for that amendment.
But I do intend to vote for the second amendment, and I want to take
just a moment to explain what was in it. Primarily, we do three
important things: We, first of all, create a new program to provide
greatly expanded education benefits for American veterans under the GI
Bill. We have some Members of this House who are unhappy about the fact
that that is not paid for. I am among them. But I would point out that
the entire war is not being paid for. Mr. Murtha and I and Mr. McGovern
tried to offer the House an opportunity to vote to pay for the entire
war. We did not, frankly, find much enthusiasm for that on either side
of the political aisle.
But we stipulated that we felt that if that war was going to be
fought, even though I personally think it's the most misguided war
since the War of 1812, nonetheless, we felt if the war was going to be
fought, at least we ought to pay for it so we didn't pass the cost down
to our grandkids.
That has not happened.
My point is simply that if we aren't going to pay for the war, then I
feel no particular guilt about saying to the GIs who have fought the
war that we aren't going to provide you with the equivalent of a 4-year
college education because we have had no sense of self-sacrifice in
this country except on the part of military families. They've been
asked to sacrifice again and again and again while the rest of us have
been asked to go shopping or swallow a tax cut. And I think that's
illegitimate.
We lost the argument on funding the war, and it just seems to me that
it is a peculiar view of proportion if people get exercised about not
paying for the GI Bill expansion but don't get exercised about not
paying for the war. It would take over 50 years of paying benefits
under this new expanded GI Bill. It would take more than 50 years to
spend as much money on veterans as will be spent in a 2-year period in
Iraq.
And so I make no apology. While I would prefer that it be paid for, I
make no apology for the fact that, in the end, it wasn't. This is the
only way that we could get the United States Senate and the
administration to accept the expanded GI Bill. And I think we owe it to
those veterans to provide it no matter what the budgetary niceties are.
Secondly, with respect to unemployment compensation. We wound up
essentially--and I want to thank Mr. Rangel especially for the work he
did in conference yesterday. The House initially sent over a package
which provided 13 weeks of expanded unemployment benefits for every
State in the country and then provided an additional 13 weeks on top of
that for States with high unemployment rates.
The administration, as you know, Mr. Speaker, did not want that. They
objected to it. So we looked for various ways to try to salvage as much
of that as we could.
In the end, we adopted changes which bring the cost of that down from
about $10 billion to $8 billion. So we have retained 80 percent of the
original unemployment compensation provision.
We've made two changes. We have agreed with the administration's
request to require 20 weeks of work history if a person is going to be
eligible for that, and we also dropped the second step, the targeting
of those benefits. We will have to deal with that issue on another bill
in another venue.
The third issue that was causing great controversy was the fact that
we were trying to place a moratorium on seven Medicaid regulations that
the administration was trying to impose that would cut services to
seniors, families, and those with disabilities. In the end, we got six
of those seven in the package. I think that's doing pretty well.
Because of the new disasters that we have had around the country,
certainly most visible in Iowa recently, the administration agreed to
$1.8 billion in disaster funding. This bill comes in considerably
higher than that at $2.65 billion.
That's basically the outline of what we have done. And there are
several other items in the bill. One that Members should be aware of,
if we do not get our appropriation bills done by the end of the fiscal
year--that has been known to happen from time to time around here--if
that doesn't happen, then if we were to proceed for a short time on a
continuing resolution, Israel would wind up receiving $170 million less
than the President's budget. We did not want that to happen. And so we
are including in this bill a provision which guarantees that as of
October 1, that even if we were to pass a continuing resolution at last
year's level, Israel would not be accidentally shortchanged by that
action and they would get that additional $170 million.
There are a number of other provisions in the bill, but I think most
Members are familiar with them. Most of these items have been around
for quite a while.
And so with that, Mr. Speaker, I would like to reserve the balance of
my time.
Mr. LEWIS of California. Mr. Speaker, I yield myself as much time as
I may consume.
Mr. Speaker, we've heard from a number of sources in the last hour or
so that this is the 500th day since the President sent this request for
absolutely crucial funding for our troops who are fighting in the
Middle East. It's been heard enough that I don't think we need to dwell
upon that a lot.
Mr. Speaker, today is the 500th day since the President's fiscal year
2008 emergency supplemental request first arrived on the Hill. Oft
times we make the mistake of assuming that we're doing the Lord's work
in this body. But I remind my colleagues that the Good Lord created
Heaven, Earth--and far more--and it took Him 493 fewer days to get it
done.
It's no secret that I've had misgivings about the manner in which the
majority leadership developed and moved earlier versions of the
supplemental, without consideration by the Committee on Appropriations
and under a closed rule.
While the regular order process was never followed, today I'm happy
to report that the House has worked in a bipartisan fashion--and come
to an agreement--on a funding package that will provide immediate
support to our troops in harm's way in Iraq and Afghanistan.
This supplemental is long overdue and comes at a time when the
Pentagon has already issued guidance to employees on potential
furloughs. Clearly, our agreement on this legislation comes not a
moment too soon.
A whole array of legislative provisions had been a part of the
earlier version of the supplemental, including a massive tax increase
on American small businesses. While several legislative provisions
remain, the tax increase as been removed.
This is now a better package, one that provides an educational
benefit for our returning troops and their families without placing an
additional tax burden on small business--the economic engine that
drives our national economy.
This package also includes unemployment insurance language that
provides far more accountability than earlier versions considered by
the House. The new provision includes an additional 13 weeks of
coverage but requires that recipients work for 20 weeks in order to
qualify for the benefit. From this Member's perspective, I believe this
provision has been dramatically improved because it now requires that
the recipient earn the benefit.
[[Page H5668]]
I'd like to make one additional observation as I close my remarks.
Our friends and neighbors in the Midwest need to know this: Congress is
prepared to help you get back on your feet as you respond to the great
floods affecting your region. This legislation provides needed,
targeted funding to address the many challenges you are now facing.
Mr. Speaker, this is a package that should receive the bipartisan
support of the majority of our Members today. It is a package the
President will sign. I urge its immediate passage.
Mr. Speaker, I would like to yield to the gentleman who played the
key role in bringing that conference that we had together yesterday
together in a fashion that caused us to be able to be here this
evening.
I would recognize the Republican leader, John Boehner, for such time
as he might consume.
Mr. BOEHNER. Mr. Speaker, let me thank my colleague for yielding, and
let me thank him for his work, the majority leader Mr. Hoyer, and the
chairman of the Appropriations Committee, Mr. Obey, the chairman of the
Ways and Means Committee, Mr. Rangel
It's not often that on a major bill that with as much controversy as
we've had with this bill that we can come together and work as a
Congress on both sides of the aisle and come to a compromise. The
gentleman from Wisconsin outlined the provisions of the bill. I might
have described them a little differently than he did. But a compromise
is that. It's a compromise. You know, there are 435 of us. Any one of
us could write this bill in a way that fit our own interests.
But at the end of the day, I think there was cooperation on both
sides to come to this agreement. And I believe that at the end of the
day, it's a victory for our troops, it's a victory for American
families, it's a victory for our veterans, and for those in need who
are unemployed.
Now, we could get into the whole issue of Iraq. I'm glad we're there.
I wish it had gone better. I wish it had gone quicker. I want our
troops to come home as soon as possible. But I want our troops to come
home having succeeded in Iraq. The effort, the fight that's going on in
Iraq, it's not about tomorrow, it's not about next month or next year.
It is about the future for our kids and theirs.
Our soldiers in Iraq have brought more security to that country, the
political process is working better, and building a democracy in a part
of the world that's never known it, there is no price. There is no
price that we can put on what that may mean for the future for our kids
and theirs.
I know it's been difficult. It's been difficult for all Americans.
And it's certainly been difficult for our troops and especially for
those troops that have given their lives in defense of our country. But
it's a price for freedom. And I think freedom for our kids and theirs
is why a lot of us are here. And so supporting our troops that are in
Iraq and Afghanistan is important.
I could criticize the majority that this bill should have happened a
long time ago. There's no reason to get into that. But I think we're
doing the right thing for our troops in this bill finally. I think the
expanded GI benefits in this bill, while they may not be exactly as I
would write them, taking care of our veterans should be our highest
priority and making sure that they have the kinds of educational
benefits that will help not only them but also their families will help
us retain more of our soldiers, and help give them the benefits that
they and their families deserve.
When it comes to the unemployment benefits that are included in this
bill, I think it's a reasonable provision to require 20 weeks of work,
which is current law, and to extend 13 additional weeks for all 50
States. I wouldn't have done it that way. The gentleman from New York
(Mr. Rangel) knows that. We had a discussion about it. But again, a
compromise is a compromise.
I want to thank my Democrat colleagues for working with us to get to
this point. And I want to thank them for this commitment that this is
the bill, this is the bill that will end up on the President's desk.
And so I would ask all of my colleagues on both sides of the aisle to
vote for this. You may not love it, but this is one of those moments
when you've worked together, you've worked out a compromise, that
Members need to just suck it up and vote ``yes'' because it's the right
thing to do for our country.
Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished majority
leader, Mr. Hoyer.
Mr. HOYER. I thank the chairman for yielding.
I want to thank the chairman. No one has worked harder to get us to
this point in time in a bill that can be signed by the President and
passed by the Senate. No one has worked harder than David Obey has on
that objective, and he spent months at it. His staff has worked
extraordinarily hard.
I also want to thank my counterpart, the minority leader Mr. Boehner
who just spoke, and thank him for his efforts. This agreement would not
have been reached without his leadership and his cooperation, and I
appreciate that.
{time} 1915
I also want to thank Mr. Lewis for his work on this effort as well.
Mr. Speaker, this supplemental appropriations legislation is the
result, as has been said, of a bipartisan compromise that addresses
critical needs of the American people.
Will every Member be happy with the substance of the two amendments
that we are going to consider? The answer to that question is no.
Will every Member here get what he or she wants? Again, the answer is
no. That is, after all, the legislative process.
However, our Nation is at war. We have 150,000 men and women in
harm's way in Iraq and Afghanistan. Catastrophic floods continue to
wreak havoc in Iowa and other States in the Midwest. And millions of
our workers are struggling to make ends meet because they've lost their
jobs through no fault of their own.
These two amendments that we will consider address these needs, as
well as others.
The first amendment will provide funding for our troops on the
battlefield in Iraq and Afghanistan. Each Member will decide how they
should vote, and their vote should not be questioned on that particular
amendment.
It is also important to note that the second amendment includes
important policy provisions regarding the war in Iraq.
First, it prohibits military construction funds from being used to
establish permanent bases in Iraq. We have addressed that previously in
this House and overwhelmingly supported that proposition.
Secondly, it requires reconstruction aid for Iraq to be matched
dollar-for-dollar by the Iraqi Government. With the price of oil being
what it is, having been told by the administration that the oil in Iraq
would pay for all reconstruction, that is a reasonable and appropriate
requirement.
Additionally, the second amendment includes major legislative items
that the White House has agreed to accept. That is a good sign that
there is an opportunity to work together when the interests of the
American people are at stake. We don't always do that. The American
public is concerned about that and disappointed by that. But this
night, we have come to such an agreement, and the American public can
be pleased by that.
Among other things, this amendment expands the education benefits
that veterans receive under the GI Bill to restore the promise of a
full, 4-year college education, and allowing servicemembers to transfer
educational benefits to their spouses and dependents. That was a
bipartisan agreement. It's something that we can be pleased about as a
country. It's something that we do, in fact, owe our veterans, and we
will redeem that promise this night.
Thus, this legislation supports our troops not only when they're
abroad but when they return home as well.
We know from our experience with the original GI Bill that this
legislation will foster an educated workforce and a vibrant economy.
The greatest generation, after all, not only defeated fascism--Charlie
Rangel, at a later time, fought for our country in the field--but they
also came home, that greatest generation, and built the greatest
economy the world has seen. This bill will help in many ways redeem the
promise for this generation of men and women who are asked to defend
our country and its freedom. It is the right thing to do. We will do it
this night.
[[Page H5669]]
The President initially indicated his opposition to an extension of
unemployment insurance. But this second amendment includes a 13-week
extension for workers in every State who have exhausted their benefits.
Again, the right thing to do.
The administration also had placed a moratorium on seven Medicaid
regulations, the result of which would cut services for seniors,
families, and those with disabilities. The administration, after
conversation with both sides, has decided and agreed to a moratorium on
six of the seven regulations. That's good for the States, but more
importantly, it's good for those whom these dollars will help in a time
of trouble. This provision has overwhelmingly been supported in this
House previously, both sides of the aisle, who voted for protecting the
Medicaid safety net by a vote of 349-62. I am pleased the
administration has joined us in the support of this effort.
The second amendment also includes critical disaster assistance in
the wake of devastating tornadoes and floods, which all of us have seen
on TV over the last few days, as well as funding to strengthen New
Orleans' levees, as requested by the President, and housing vouchers
for those left homeless by Hurricane Katrina.
I want to again commend Chairman Obey and Chairman Rangel. Chairman
Rangel played a key role in getting us to this agreement, and I thank
him for that.
I also again want to thank Minority Leader Boehner and Ranking Member
Lewis for their leadership on this legislation.
Some will say this legislation is not perfect. To that extent, they
can apply that to any piece of legislation that we consider, but this
legislation is a good piece of legislation. It will provide for our
troops in the field, while addressing critical priorities here at home.
It will have my support, and I urge the support of this body for such
amendment as they believe to be appropriate in the best interests of
our country.
Mr. LEWIS of California. Mr. Speaker, I'm very pleased to call upon
the former chairman of the committee and my dear friend from Florida,
Bill Young, for such time as he might consume.
Mr. YOUNG of Florida. Mr. Speaker, I thank the gentleman for yielding
the time, and I want to congratulate Chairman Obey and Mr. Lewis for
having worked out what appeared on many occasions to be an impossible
solution. They did a good job.
I compliment Mr. Murtha, the chairman of the Defense Appropriations
Committee for a good job on amendment No. 1. It is not quite as much
funding as we thought that there should have been, but we're okay with
that. It's a good plan. We're going to vote for it. We're going to vote
for the whole package. It just proves, Mr. Speaker, that when we
finally settle down and decide to work for the country, we can do it.
We can work together and we can make good things happen.
And so the last time we discussed this, I stood here and extended my
support for the package, but it didn't pass. This time, I'm indicating
my support for the package. At least most of us are going to vote for
it, extending our thanks and our appreciation to those who are serving
in our military in far-off places around the world--and as we talk so
much about defending our freedoms--defending our safety, protecting the
safety of the American people here, at home, and abroad.
So it's a good package. I support it strongly, and I compliment all
of those who were involved in the negotiations to make this happen.
I thank the gentleman for yielding the time.
Today the House is finally considering funding for the 2008 and 2009
Global War on Terror requirements of the Department of Defense.
The deal on this bill could not have been reached at a more critical
time. The Department will very soon be out of money . . . literally.
While I support everything we are doing for the Defense Department in
this bill, I do wish that we could have provided all of the requested
funding. This bill is almost $4.2 billion below the President's
request. More important than this reduction, however, is the fact that
we are finally getting the Department the funding they urgently need.
Morale is suffering. This Congress's inability to act has created
frightening uncertainty among the men and women of the Department who
are not sure they will receive their next paycheck, and placed an
inexcusable burden on those professionals trying to execute the
finances of the Department during a time of war. It is time to get the
Department the money they requested almost a year and a half ago.
Let me reiterate, I have no argument with the substance of the
Defense spending in this bill. I support this bill, as I did the
previous version that was considered on the House floor. This one,
however, I plan to vote for.
Let's pass this supplemental bill, and complete the work of
supporting our military and their families.
While there have been numerous votes in the House and Senate on this
issue as we negotiated our way to this agreement, this is the critical
vote and the meaningful vote as we conclude our work on this
Supplemental Appropriations Bill.
Mr. OBEY. I yield 3 minutes to the distinguished gentleman from New
York, the chairman of the Ways and Means Committee, Mr. Rangel. I want
to thank Mr. Rangel for the work he did in conference.
(Mr. RANGEL asked and was given permission to revise and extend his
remarks.)
Mr. RANGEL. I want to thank Majority Leader Hoyer, the Speaker,
certainly Chairman Obey, Mr. Lewis and my good friend, John Boehner,
for inviting me to participate in just one part of this very complex
problem that we have faced.
I just want to make it abundantly clear that what we were fighting
for when we were talking about providing resources for those people
that have lost their jobs was not a Democratic position or a Republican
position, but it was a position that I'm glad that the minority leader
understood, that affected not only the ability of Americans to put food
on the table or to clothe their children or to pay their bills, but it
really involved the dignity of the middle class.
And I will speak briefly to that, because Jim McDermott has the
passion and truly understanding that we're not talking about being
liberal or being conservative. That Statue of Liberty is up there for
people all over the world, for centuries, for people to dream the
American dream.
And what is it? It certainly isn't to be some type of tycoon that
gets preferential tax treatment, and we know that it's not those people
who are jobless and homeless. But it's those people that really think
that they can have some dignity and pride in providing for their
family, sending their kids to school, and maybe buying that first
house.
When I heard that they were excluded from the stimulus package,
because if you give these people money they might be inclined not to
seek jobs, that struck me to the heart just as much as if someone
snatched the flag and threw it in the street because it's these people
that are the consumers. It's these people that dream for a better
America. It's these people that everyone does and should aspire to be.
And for them to be ignored at a time when, through no fault of their
own--and I stress that, through no fault of their own--find themselves
without disposable income, find themselves losing the dignity in their
communities and in their families, it would have just seemed to me that
it would not have been a partisan issue, that we all should just come
there and not to give a handout, since there's $35 billion that they
paid into, but to be able to say, ``there but for the grace of God goes
me.''
And so I want to thank John Boehner, because he never pushed that
point in terms of we can't afford to do it. It was just a question of
how much can and should we do.
The SPEAKER pro tempore. The gentleman's time has expired.
Mr. OBEY. I yield the gentleman 1 additional minute.
Mr. RANGEL. I hope when we start looking at some other issues, and
we're looking to see how we're going to jump-start this economy, that
we recognize that it won't be the homeless and the hopeless that we'll
be going to. They're not even in the system. It won't be the wealthy,
that the President insists that we extend their tax cuts, because they
wouldn't even know what the check came in for.
But it would be what makes this country so great, what fights our
wars, what runs our jobs, what produces for
[[Page H5670]]
trade, and what makes it the greatest country in the whole world, and
that is the middle class. And when they get into trouble, as they are
now, I think this Congress should not have a political debate. We
should be there to help them because they're what makes our country
great.
So thank you for giving me the opportunity and thank you, John
Boehner, for understanding what we were trying to do.
Mr. LEWIS of California. Mr. Speaker, I reserve the balance of my
time.
Mr. OBEY. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Washington (Mr. McDermott).
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Speaker, as chairman of the Income Security and
Family Support Subcommittee, I've spent the last 6 months fighting for
passage of the emergency unemployment extension. The American people
needed a helping hand back in January when I introduced the
legislation, and they need it now more than ever.
Just the other day, my home State of Washington reported the largest
1-month increase in unemployment in 28 years. The unemployment rate
spiked in just 1 month from 4.7 to 5.3 percent. We saw much the same
happen at the national level.
Yet for all the evidence, all the objective data, we saw the White
House order Senate Republicans to drag their feet until the President
got his way. Last week, the House voted overwhelmingly to pass
emergency unemployment on its own merits. We achieved a two-thirds vote
in here, veto-proof. So what did the President do? He ordered the
Senate Republicans to withhold help from the Americans until he could
force Congress to cut out the extra help needed in badly hit States
like Michigan, Alaska, Puerto Rico, Rhode Island, California and the
District of Columbia.
{time} 1930
Today we're going to get the best that we can get from a lame duck
President and the Senate Republicans.
John Mccain must have written off Michigan and California. But the
American people have been hit hard by economic calamity, rooted in the
disastrous policies of this administration, and they deserve better
than this. When Americans can't find jobs because this President and
Senate Republicans have tanked the economy, I submit the wrong people
are standing in the unemployment line. And I trust the American people
will remember in November who fought for them and who fought against
them.
Mr. LEWIS of California. Mr. Speaker, I reserve the balance of my
time.
Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
Let me simply take this opportunity to thank the staff, especially
Rob Nabors, on our side of the aisle. And I want to especially also
thank Mr. Murtha and Senator Inouye and Mr. Young for the work they did
in fashioning amendment No. 1 that we have before us today.
I also want to thank Mr. Rangel, certainly Mr. Hoyer, and the Speaker
for all of the work that they have done in bringing us to this point.
And I also want to thank especially Mr. Boehner, who certainly has been
integral to achieving this today. And also Mr. Lewis and Cantor, who
have worked consistently on this, and I appreciate the work they did
even through yesterday. And one more thank you to Senator Webb and to
Representative Herseth Sandlin in this House for leading the efforts to
see that we did have an expanded GI Bill benefit for veterans, and also
Senator Reid.
And now let me inquire, does the gentleman have any other speakers?
Mr. LEWIS of California. At most, we have one remaining speaker,
that's me. And so I reserve the balance of my time. And I will use very
little time.
Mr. OBEY. I intend to have the Speaker do the closing. Would you like
to finish before I ask her to close?
Mr. LEWIS of California. I certainly wouldn't want to speak before
the Speaker, so I will yield back the balance of my time.
Mr. OBEY. I thank the gentleman, and I yield 1 minute to the
distinguished Speaker of the House.
Ms. PELOSI. Thank you very much, Mr. Chairman, for yielding.
I want to join my colleague, Mr. Obey, the distinguished chairman of
the Appropriations Committee, in acknowledging the great work of Rob
Nabors and all of the staff involved in putting this bill together
today.
I want to join him in acknowledging the leadership of the
distinguished minority leader, our majority leader, Mr. Hoyer, the
chairman, Mr. Rangel, for his important work on unemployment insurance,
Mr. McDermott, who just spoke, for his important work getting the bill
ready. Mr. Lewis, to you and to Mr. Cantor and all involved in all
this. Mr. Murtha, to you as well, and Mr. Skelton, to you as well.
We were able to come to this compromise because we were ready. As Mr.
McDermott said, earlier in the year we had a bill ready for
unemployment insurance. It wasn't going to be signed by the President.
We had to put it off until another time. Two weeks ago tomorrow, the
unemployment rate in our country shot up by half a point from
approximately 5 to 5.5 percent. It sent a very stern message to the
Congress of the United States and to the President that we must act.
Following that, on the floor last week, on two occasions, we had a
very strong bipartisan vote in favor of unemployment insurance. So when
Mr. Rangel went to the table to talk about compromise, it was clear
that we had to reflect the will of the American people, and he was
ready, he was ready with the legislation. And I'm pleased that Mr.
Boehner was ready to accept that.
When we started talking about the final versions of this bill in the
past couple of weeks, little did we know that the skies would open and
rain would fall and the Midwest of our country would be deluged, and
there would be a need to make some adjustment in this bill for disaster
assistance to the Midwest and to replenish the FEMA fund to make up for
funds spent now. We were ready. And I don't think there was any
compromise on that subject; we all agreed that that had to be done.
I am particularly pleased that in the legislation there is a signal
sent that this Congress cares about investments in science, it cares
about the future, not as much as I would like, but nonetheless, I thank
you, Mr. Chairman, for having that included. And I thank my colleagues
for accepting that.
I want to join in all the commendations, again, to those who helped
bring this compromise to the floor. I am very pleased that it has the
GI Bill, finally. It became clear that this is what we had to do, what
we owed our young people to say thank you to them by sending them to
college. Mr. Chet Edwards has been a champion on this issue. I will
come back to that in a moment.
But, Mr. Speaker, I'm sorry that I cannot fully participate in all of
the comradery that is accompanying this legislation that we bring to
the floor because of the huge amount of money that is in this bill to
fund the war in Iraq without any conditions, without any limitation on
time spent there. I'm glad that we have something about no permanent
bases, yes, but this is the first time that we will be sending a bill--
well, we sent it to the Senate with conditions and they struck it. We
have no choice. This is not about a failure of this House of
Representatives; it's about what we cannot get past the next body and
onto the President's desk.
Mr. Speaker, about a week ago, I spoke at the opening of the
groundbreaking for the Institute of Peace. I know that you have been
involved in that over the years. And I said that day, on a warm June
day like today, it was reminiscent of one 45 years ago when President
John F. Kennedy delivered the commencement address at American
University.
In the last summer of a life that ended far too soon, President
Kennedy spoke of the need to seek peace even in the midst of the Cold
War. He said, ``The United States, as the world knows, will never start
a war,'' Kennedy told the crowd assembled. ``We shall be prepared if
others wish it, we shall be alert to try to stop it, but we shall also
do our part to build a world of peace where the weak are safe and the
strong are just.'' That was President Kennedy's philosophy of his
foreign policy.
Contrary to that policy, President Bush started a war based on a
false
[[Page H5671]]
premise. He sent our troops into a situation that he didn't know what
he was getting into. The philosopher Hannah Arendt once said, she
observed that nations are driven by the endless flywheel of violence,
believing that one last, one final violent gesture will bring peace.
But each time they sow the seeds for more violence.
Five years later, we are still engaged in the war in Iraq, 2 years
longer than we were in World War II, and that has come at a very great
cost. The costs are clear, of course, and we all mourn 4,100 of our
troops who have lost their lives in battle, tens of thousands of our
troops injured, thousands of them permanently. I met with some of them
with my colleagues, Mr. Dicks, Mr. Inslee and Mr. McDermott, at the
Seattle VA Hospital last Friday. And before that, Mr. Murtha and I
visited our troops in the hospital as well here in Washington, D.C.
Over Memorial Day, I visited our troops in Iraq with some of our
colleagues. It was my sixth trip into the theater. And what they asked
me is what they always ask: What's going to happen to us when we go
home? And for a long time on those visits I didn't have an answer that
I could be very, very pleased to tell them. But now, because of the
leadership of Mr. Edwards, and others, we're able to say that when you
come home, you will be met with the biggest increase in the Veterans
Administration health budget in the 77-year history of the Veterans
Administration, and that means in the history of our country, an even
bigger investment this year.
And after tonight, in a bipartisan way, we can proudly say--and Mr.
Young, who has done more than you? You have just been wonderful, and I
salute you as well. We can proudly say to our troops, to our young
student veterans, that when they come home, we will say thank you by
sending them to college; $7 for every dollar spent on the GI Bill
following World War II. We owe these troops nothing else.
Now let's go back to the cost of that war. We talked about those who
lost their lives, we talked about those who are permanently injured.
And it's such a sad story. The cost to our reputation in the world is
enormous. The cost in dollars, the Heritage Foundation said $2.75
trillion. The Heritage Foundation, that's their figure; nearly $3
trillion projected to be the cost of this war.
And so it's hard to understand when we say to the President, we would
like to insure 10 million children in America, and he says we can't
afford it, so I vetoed the bill. And the Republicans stuck with him on
that veto--not all, many voted in a bipartisan way. Forty days in Iraq,
10 million children insured in America for 1 year. We can't afford it?
$2.75 trillion, the cost of this war.
But what is worrisome--I know to Mr. Skelton, to Mr. Murtha, and I'm
certain to Mr. Young, although he has not given me license to speak for
him--is the cost of the military capability of our Nation, lives,
limbs, reputation, dollars, opportunity costs at home. But this is
about keeping the American people safe. That's what we take an oath of
office to do, to provide for the common defense. And our ability to
honor our oath of office to uphold the Constitution--in the preamble it
says ``to provide for the common defense''--is greatly diminished
because this war has diminished the capability of American military
forces to protect our interests wherever they are threatened in the
world.
So let us think and hope that this is the last time that there will
ever be another dollar spent without constraints, without conditions,
without direction. Why should we trust the same judgment that got us
here in the first place in this war?
So while I'm pleased that we have some spirit of civility here
tonight about coming to a conclusion on this bill to bring it to the
floor, and I enthusiastically will vote for the domestic piece of this,
I'm not urging anyone to do anything, I just want you to know why I
would be voting ``no'' on the spending without constraints.
We owe our troops more than sending them into war on a false premise,
without the equipment and training they need, without a plan for
success, without a strategy to leave. This war has not made the region
more stable, it has not made our country safer. It has undermined our
capability to protect the American people. It should come to an end
safely, honorably, responsibly, and soon.
Mr. OBEY, Mr. Speaker, I submit the following:
Explanatory Statement Submitted by Mr. Obey, Chairman of the House
Committee on Appropriations, Regarding the Further Amendment of the
House of Representatives Relating to Supplemental Appropriations for
Fiscal Years 2008 and 2009
Following is an explanation of the further amendment of the
House of Representatives (relating to supplemental
appropriations for fiscal years 2008 and 2009) to the Senate
amendment numbered 2 to the House amendment numbered 2 to the
Senate amendment to H.R. 2642, the Supplemental
Appropriations Act, 2008.
In this statement, the provisions of the further House
amendment are generally referred to as ``the amended bill''.
The further House amendment provides that, in lieu of the
matter proposed to be inserted by the Senate, language be
inserted providing supplemental appropriations for military
construction, international affairs, disaster assistance, and
other security-related and domestic needs, as well as
language providing for accountability in contracting,
improved veterans education benefits, temporary extended
unemployment compensation, and a moratorium on certain
Medicaid regulations. The amendment also strikes lines 1
through 3 on page 60 of the Senate engrossed amendment of
September 6, 2007.
The text of the amendment is printed in the Rules Committee
report (H. Rpt. 110-720) to accompany House Resolution 1284.
Unless otherwise noted, all appropriations in the amendment
are designated as emergency requirements and necessary to
meet emergency needs pursuant to section 204(a) of S. Con.
Res. 21 and section 301(b)(2) of S. Con. Res. 70, the
congressional budget resolutions for fiscal years 2008 and
2009.
TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL
AFFAIRS, AND OTHER SECURITY-RELATED MATTERS
CHAPTER 1--AGRICULTURE
DEPARTMENT OF AGRICULTURE
FOREIGN AGRICULTURAL SERVICE
PUBLIC LAW 480 TITLE II GRANTS
The amended bill provides a total of $850,000,000 to remain
available until expended for Public Law 480 Title II Grants
for fiscal year 2008. The amended bill provides $350,000,000,
as requested, for the urgent humanitarian needs identified by
the administration. Further, the amended bill provides an
additional $500,000,000 for unanticipated cost increases for
food and transportation to be made available immediately.
In addition, because the need for urgent humanitarian food
assistance and continuing volatility of food and
transportation costs are expected to continue into fiscal
year 2009, the amended bill provides a total of $395,000,000,
as requested, to be made available beginning October 1, 2008.
CHAPTER 2--JUSTICE
DEPARTMENT OF JUSTICE
OFFICE OF INSPECTOR GENERAL
The amended bill includes $4,000,000 for the Office of
Inspector General. The Inspector General is directed to
continue its audit and oversight activities of the Federal
Bureau of Investigation's use of National Security Letters
(NSLs) and orders for business records, pursuant to Section
215 of the USA PATRIOT Act.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The amended bill includes $1,648,000 for General Legal
Activities for the Criminal Division to provide litigation
support services to the Special Inspector General for Iraq
Reconstruction for its ongoing investigations and cases
involving corruption in the reconstruction of Iraq. The
amended bill does not include funding requested to create
Iraq and Afghanistan support units within General Legal
Activities, Criminal Division. These worthy activities should
be supported through funds made available to the Departments
of State or Defense.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The amended bill includes $5,000,000 for the U.S. Attorneys
for extraordinary litigation expenses associated with
terrorism prosecutions in the United States.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
The amended bill includes $28,621,000 for the U.S. Marshals
Service. Within this funding level is $7,951,000 to provide
security at high-threat terrorist trials in the United States
and $3,700,000 to improve court and witness security in
Afghanistan.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
The amended bill provides $106,122,000 for the Federal
Bureau of Investigation (FBI). This funding level includes
$101,122,000 for operations in Iraq and Afghanistan and for
enhanced counterterrorism activities and $5,000,000 to
increase the FBI's capacity to investigate fraudulent
contracts in Iraq and Afghanistan. The FBI is directed to
provide the House and Senate Committees on Appropriations
with a detailed plan for the obligation of these funds no
later than 30 days
[[Page H5672]]
after the enactment of this Act and to update this plan on a
quarterly basis with actual obligations.
The amended bill also provides $82,600,000 in bridge
funding for the FBI to maintain the operations described
above into fiscal year 2009.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
The amended bill includes $29,861,000 for the Drug
Enforcement Administration to further its narco-terrorism
initiative and Operation Breakthrough; to conduct financial
investigations and to support intelligence activities, such
as signals intelligence, to assist the Government of
Afghanistan's counter-narcotics and narco-terrorism programs;
and to purchase a helicopter for Foreign-deployed Advisory
Support Team transportation.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
The amended bill includes $4,000,000 for the Bureau of
Alcohol, Tobacco, Firearms and Explosives for necessary costs
of operations in Iraq.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
The amended bill provides $9,100,000 for the Bureau of
Prisons to monitor communications of incarcerated terrorists,
collect intelligence, and disseminate relevant information to
other Federal law enforcement agencies.
GENERAL PROVISION, THIS CHAPTER
The amended bill includes a provision authorizing the use
of funds appropriated in this chapter, or available by the
transfer of funds in this chapter, for activities pursuant to
section 504 of the National Security Act of 1947.
CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS
DEPARTMENT OF DEFENSE
Iraq.--The Administration's request has been reviewed for
military construction in Iraq to ensure that the recommended
projects are consistent with contingency construction
standards. The establishment of permanent bases in Iraq is
not supported, and the amended bill does not include any
funds to establish any such base, or convert any base in Iraq
from a temporary to permanent status. The amended bill
includes language prohibiting the obligation or expenditure
of funds for Iraq construction projects provided under
Military Construction, Army, and Military Construction, Air
Force, until the Secretary of Defense certifies that none of
the funds are to be used for the purpose of providing
facilities for permanent basing of U.S. military personnel in
Iraq. The Secretary of Defense is further directed to provide
to the Committees on Appropriations of both Houses of
Congress, no later than 30 days after enactment of this act,
an updated Master Plan for U.S. basing in Iraq, including an
inventory of installations that have been closed; those that
are scheduled to close, and the timeline for their closure;
and a finite list of potential enduring locations describing
the mission, military construction requirements, and
projected population of these locations.
Child Development Centers.--The amended bill recommends a
total of $210,258,000 to design and build twenty new child
development centers for the Army, Navy, Marine Corps, and Air
Force. The Department should be commended for following the
lead of Congress by requesting funds for additional child
development centers.
Army Barracks Improvements.--The deplorable conditions that
have recently been uncovered in some permanent party Army
barracks, including those which house soldiers returning from
the wars in Iraq and Afghanistan, have raised numerous
concerns about the adequacy of living conditions for military
personnel. The Army created a permanent party barracks
modernization program in 1994 to eliminate inadequate
barracks. However, this program is not projected to be
completely funded until 2013. Given this timeline, it is
unacceptable that the Army has allowed some of its existing
permanent party barracks to fall into disrepair. While many
of the repairs and upgrades to existing barracks can be
accomplished with Sustainment, Restoration, and Modernization
(SRM) funds, there is a need for additional military
construction funds to expedite barracks replacements. The
amended bill includes a total of $200,000,000 for the Army to
accelerate the construction of new barracks, or to provide
major renovations to existing barracks. The funding is
provided subject to the development of an expenditure plan to
be submitted to the Committees on Appropriations of both
Houses of Congress.
MILITARY CONSTRUCTION, ARMY
The amended bill recommends $1,108,200,000 for Military
Construction, Army. The funds are provided as follows:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Location Protect description Request Recommendation
----------------------------------------------------------------------------------------------------------------
AK: Fort Wainwright........................ Child Development Center \1\. 17,000 17,000
CA: Fort Irwin............................. Child Development Center \1\. 11,800 11,800
CO: Fort Carson............................ Child Development Center \1\. 8,400 8,400
CO: Fort Carson............................ Soldier Family Assistance 8,100 8,100
Center.
GA: Fort Gordon............................ Child Development Center \1\. 7,800 7,800
GA: Fort Stewart........................... Soldier Family Assistance 6,000 6,000
Center.
HI: Schofield Barracks..................... Child Development Center..... 12,500 12,500
KS: Fort Riley............................. Transitioning Warrior Support 50,000 50,000
Complex.
KY: Fort Campbell.......................... Child Development Center \1\. 9,900 9,900
KY: Fort Campbell.......................... Soldier Family Assistance 7,400 7,400
Center.
KY: Fort................................... Knox Child Development Center 7,400 7,400
LA: Fort Polk.............................. Soldier Family Assistance 4,900 4,900
Center.
MO: Fort Leonard Wood...................... Starbase Complex 6, Phase 1.. ................. 50,000
NC: Fort Bragg............................. Child Development Center \1\. 8,500 8,500
NY: Fort Drum.............................. Warrior in Transition 38,000 38,000
Facilities.
OK: Fort Sill.............................. Child Development Center \1\. 9,000 9,000
TX: Fort Bliss............................. Child Development Center \1\. 5,700 5,700
TX: Fort Bliss............................. Child Development Center \1\. 5,900 5,900
TX: Fort Bliss............................. Child Development Center \1\. 5,700 5,700
TX: Fort Hood.............................. Child Development Center \1\. 7,200 7,200
TX: Fort Hood.............................. Warrior In Transition Unit 9,100 9,100
Ops Facilities.
TX: Fort Sam Houston....................... Child Development Center \1\. 7,000 7,000
VA: Fort Lee............................... Child Development Center \1\. 7,400 7,400
Afghanistan: Bagram AB..................... Administrative Building \1\.. 13,800 13,800
Afghanistan: Bagram AB..................... Aircraft Maintenance Hangar.. 5,100 5,100
Afghanistan: Bagram AB..................... Ammunition Supply Point...... 62,000 62,000
Afghanistan: Bagram AB..................... Bulk Fuel Storage and Supply, 23,000 23,000
Phase 3.
Afghanistan: Bagram AB..................... Bulk Fuel Storage and Supply, 21,000 21,000
Phase 4.
Afghanistan: Bagram AB..................... New Roads.................... 27,000 27,000
Afghanistan: Bagram AB..................... Power Plant.................. 41,000 41,000
Afghanistan: Ghazni........................ Rotary Wing Parking.......... 5,000 5,000
Afghanistan: Kabul......................... Consolidated Compound........ 36,000 36,000
Afghanistan: Various Locations............. Counter lED Road--Route 16,500 16,500
Alaska.
Afghanistan: Various Locations............. Counter lED Road--Route 54,000 54,000
Connecticut.
Iraq: AI Asad AB........................... Hot Cargo Ramp............... 18,500 18,500
Iraq: AI Asad AB........................... Landfill..................... 3,100 3,100
Iraq: AI Asad AB........................... Power Plant.................. 40,000 .................
Iraq: AI Asad AB........................... South Airfield Apron (India 28,000 28,000
Ramp).
Iraq: AI Asad AB........................... Urban Bypass Road............ 43,000 .................
Iraq: Baghdad IAP.......................... Water Supply, Treatment & 13,000 13,000
Storage Ph III.
Iraq: Camp Adder........................... Convoy Support Center 39,000 39,000
Relocation, Phase II.
Iraq: Camp Adder........................... Multi-Class Storage Warehouse 17,000 .................
Iraq: Camp Adder........................... POL Storage Area............. 10,000 10,000
Iraq: Camp Adder........................... Power Plant.................. 39,000 .................
Iraq: Camp Adder........................... Wastewater Treatment & 9,800 9,800
Collection System.
Iraq: Camp Anaconda........................ Hazardous Waste Incinerator.. 4,300 4,300
Iraq: Camp Anaconda........................ Landfill..................... 6,200 6,200
Iraq: Camp Anaconda........................ Power Plant.................. 39,000 .................
Iraq: Camp Constitution.................... Juenile TIFRIC............... 11,700 11,700
Iraq: Camp Cropper......................... Brick Factory................ 9,500 .................
Iraq: Camp Marez........................... Landfill..................... 880 880
Iraq: Camp Ramadi.......................... Landfill..................... 880 880
Iraq: Camp Speicher........................ Aviation Navigation 13,400 13,400
Facilities.
Iraq: Camp Speicher........................ Landfill..................... 5,900 5,900
Iraq: Camp Speicher........................ Military Control Point....... 5,800 5,800
Iraq: Camp speicher........................ Power Plant.................. 39,000 .................
Iraq: Camp Speicher........................ Rotary Wing Parking Apron.... 49,000 .................
Iraq: Camp Taqqadum........................ Landfill..................... 880 880
[[Page H5673]]
Iraq: Camp Warrior......................... Landfill..................... 880 880
Iraq: Fallujah............................. Landfill..................... 880 880
Iraq: Mosul................................ Urban Bypass Road............ 43,000 .................
Iraq: Qayyarah West........................ North Entry Control Point.... 11,400 11,400
Iraq: Qayyarah West........................ Perimeter Security Upgrade... 14,600 14,600
Iraq: Qayyarah West........................ Power Plant.................. 26,000 .................
Iraq: Scania............................... Entry Control Point.......... 5,000 5,000
Iraq: Scania............................... Water Storage Tanks.......... 9,200 9,200
Iraq: Victory Base......................... Landfill..................... 6,200 6,000
Iraq: Victory Base......................... Level 3 Hospital............. 13,400 13,400
Iraq: Victory Base......................... Wastewater Treatment & 9,800 9,800
Collection System.
Iraq: Victory Base......................... Water Treatment &. Storage 18,000 18,000
Phase II.
Iraq: Various Locations.................... Facilities Replacement....... 72,000 .................
Iraq: Various Locations.................... Overhead Cover--eGlass....... 135,000 135,000
Kuwait: Camp Arifjan....................... Communication Center......... 30,000 30,000
Worldwide: Unspecified..................... Planning and Design (GWOT)... 64,200 52,800
Worldwide: Unspecified..................... Planning and Design (WIT).... 14,600 14,600
Worldwide: Unspecified..................... Planning and Design (COG) \1\ 6,000 6,000
-------------------------------------
Total.................................. ............................. 1,486,100 1,108,200
----------------------------------------------------------------------------------------------------------------
\1\ Requested by the Department of Defense in fiscal year 2008 and/or the March 2008 Adjustments package.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The amended bill recommends $355,907,000 for Military
Construction, Navy and Marine Corps. The funds are provided
as follows:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Location Project description Request Recommendation
----------------------------------------------------------------------------------------------------------------
CA: Camp Pendleton......................... 11th Marine Regiment HQ, 34,970 34,970
Armory, BEQ.
CA: Camp Pendleton......................... 5th Marine Regiment Addition, 10,890 10,890
San Mateo.
CA: Camp Pendleton......................... Armory Intelligence 4,180 4,180
Battalion, 16 Area.
CA: Camp Pendleton......................... Armory, Regiment & Battalion 5,160 5,160
HQ, 53 Area.
CA: Camp Pendleton......................... BEQ & Mess Hall HQ (13) Area. 24,390 24,390
CA: Camp Pendleton......................... EOD Operations Facility...... 13,090 13,090
CA: Camp Pendleton......................... ISR Camp--Intelligence 1,114 1,114
Battalion.
CA: Camp Pendleton......................... JIEDDO Battle Courses \1\.... 9,270 9,270
CA: Camp Pendleton......................... Military Police Company 8,240 8,240
Facilities.
CA: Twentynine Palms....................... Regimental Combat Team HQ 4,440 4,440
Facility.
CA: China Lake NAWS........................ JIEDDO Battle Courses \1\.... 7,210 7,210
CA: Point Mugu............................. JIEDDO Battle Courses \1\.... 7,250 7,250
CA: San Diego.............................. Child Development Center \1\. 17,930 17,930
CA: Twentynine Palms....................... JIEDDO Battle Courses \1\.... 11,250 11,250
FL: Whiting Field NAS...................... JIEDDO Battle Courses \1\.... 780 780
MS: Gulfport NCBC.......................... JIEDDO Battle Courses \1\.... 6,570 6,570
NC: Camp Lejeune........................... Child Development Center \1\. 16,000 16,000
NC: Camp Lejeune........................... JIEDDO Battle Courses \1\.... 11,980 11,980
NC: Camp Lejeune........................... Maintenance/Operations 43,340 43,340
Complex 2/9..
SC: Parris Island MCRD..................... Recruit Barracks............. ................. 25,360
VA: Yorktown NWS........................... JIEDDO Battle Courses \1\.... 8,070 8,070
Djibouti: Camp Lemonier.................... CJTF-HOA HQ Facility......... 29,710 .................
Djibouti: Camp Lemonier.................... Dining Facility.............. 20,780 20,780
Djibouti: Camp Lemonier.................... Fuel Farm \1\................ 4,000 4,000
Djibouti: Camp Lemonier.................... Full Length Taxiway \1\...... 15,490 15,490
Djibouti: Camp Lemonier.................... Network Infrastructure 6,270 6,270
Expansion.
Djibouti: Camp Lemonier.................... Water Production............. 19,140 19,140
Djibouti: Camp Lemonier.................... Western Taxiway \1\.......... 2,900 2,900
Worldwide: Unspecified..................... Planning and Design (GTF).... 7,491 7,491
Worldwide: Unspecified..................... Planning and Design (GWOT)... 4,300 4,300
Worldwide: Unspecified..................... Planning and Design (CDC) \1\ 1,101 1,101
Worldwide: Unspecified..................... Planning and Design (JIEDDO) 2,951 2,951
\1\.
-------------------------------------
Total.................................. ............................. 360,257 355,907
----------------------------------------------------------------------------------------------------------------
\1\ Requested by the Department of Defense in fiscal year 2008 and/or the March 2008 Adjustments package.
Joint IED Defeat Organization (JIEDDO) Battle Courses.--The
amended bill recommends $65,331,000 to construct facilities
for enhanced counter-improvised explosive device training in
furtherance of the goals of the Joint IED Defeat
Organization. These funds address a technical correction in
the Administration's fiscal year 2008 Global War on Terror
budget request and are offset by a rescission in title IX.
Military Construction, Air Force
The amended bill recommends $399,627,000 for Military
Construction, Air Force. The funds are provided as follows:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Location Project description Request Recommendation
----------------------------------------------------------------------------------------------------------------
CA: Beale AFB.............................. Child Development Center \1\. 17,600 17,600
FL: Eglin AFB.............................. Child Development Center \1\. 11,000 11,000
NJ: McGuire AFB............................ JIEDDO Battle Courses \1\.... 6,200 6,200
NM: Cannon AFB............................. Child Development Center \1\. 8,000 8,000
Afghanistan: Bagram AB..................... East Side Helo Ramp.......... 44,400 44,400
Afghanistan: Bagram AB..................... ISR Ramp..................... 26,300 26,300
Afghanistan: Bagram AB..................... Parallel Taxiway Phase 2..... 21,400 21,400
Afghanistan: Bagram AB..................... Strategic Ramp............... 43,000 43,000
Iraq: Balad AB............................. Fighter Ramp................. 11,000 11,000
Iraq: Balad AB............................. Foxtrot Taxiway.............. 12,700 12,700
Iraq: Balad AB............................. Helicopter Maintenance 34,600 34,600
Facilities..
Kyrgyzstan: Manas AB....................... Strategic Ramp............... 30,300 30,300
Oman: Masirah AB........................... Expeditionary Beddown Site... 6,300 6,300
Qatar: AI Udeid AB......................... Facility Replacements........ 40,000 30,000
Qatar: AI Udeid AB......................... Northwest (CAS) Ramp \1\..... 60,400 60,400
Worldwide: Unspecified..................... Planning and Design (GWOT)... 35,000 35,000
Worldwide: Unspecified..................... Planning and Design (CDC) \1\ 1,427 1,427
-------------------------------------
Total.................................. ............................. 409,627 399,627
----------------------------------------------------------------------------------------------------------------
\1\ Requested by the Department of Defense in fiscal year 2008 and/or the March 2008 Adjustments package.
Joint IED Defeat Organization (JIEDDO) Battle Courses.--The
amended bill recommends $6,200,000 to construct facilities
for enhanced counter-improvised explosive device training in
furtherance of the goals of the Joint IED Defeat
Organization. These
[[Page H5674]]
funds address a technical correction in the Administration's
fiscal year 2008 Global War on Terror budget request and are
offset by a rescission in title IX.
Military Construction, Defense-Wide
The amended bill recommends $890,921,000 for Military
Construction, Defense-Wide. The funds are provided as
follows:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Location Project description Request Recommendation
----------------------------------------------------------------------------------------------------------------
GA: Fort Benning........................... Hospital Replacement......... ................. 350,000
KS: Fort Riley............................. Hospital Replacement......... ................. 404,000
NC: Camp Lejeune........................... Hospital Addition............ ................. 64,300
TX: Fort Sam Houston....................... Burn Rehabilitation Center... 21,000 21,000
Qatar: AI Udeid AB......................... Logistics Storage Warehouse.. 6,600 6,600
Worldwide: Unspecified..................... Planning and Design (MTF).... ................. 45,021
-------------------------------------
Total.................................. ............................. 27,600 890,921
----------------------------------------------------------------------------------------------------------------
Medical Treatment Facilities Construction.--There is a
great concern with the large backlog of needed
recapitalization for medical treatment facilities for
military service members and their families. The current
Future Years Defense Plan (FYDP) for Tricare Management
Activity military construction averages $412,000,000 per year
for fiscal years 2009 through 2013, and much of this amount
is accounted for by medical research facilities. With the
services identifying recapitalization requirements ranging in
the several billions of dollars, the current FYDP for medical
construction is obviously and severely insufficient. The
Department's inventory of medical treatment facilities is
riddled with aging hospitals, clinics, and other facilities
that do not meet current standards for medical care. Adding
to this problem is the fact that several installations are
adding thousands of personnel and dependents due to Base
Realignment and Closure, the relocation of units from Europe
and Korea to the United States, and the Growing the Force
initiative that will add 92,000 active duty personnel to the
Army and Marine Corps. The amended bill therefore recommends
$863,321,000 for additional medical treatment facility
construction. These funds will provide for the Army's top two
priority hospital replacement projects in the United States
as well as a top priority hospital addition for the Marine
Corps.
The Department of Defense is also directed to develop a
comprehensive master plan for medical treatment facilities
construction, to include both recapitalization and new
requirements. This plan shall include a comprehensive
priority list of projects for all services, provide a cost
estimate for each project, supply data on the current state
of facilities and the projected change in demand for services
due to growth for each location on the list, indicate the
extent to which identified construction requirements are
programmed in the FYDP, and indicate the resources required
for associated planning and design work. This report shall be
submitted to the Committees on Appropriations of both Houses
of Congress no later than December 31, 2008.
Family Housing Construction, Navy and Marine Corps
The amended bill recommends $11,766,000 for Family Housing
Construction, Navy and Marine Corps. The funds are provided
as follows:
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Location Project description Request Recommendation
----------------------------------------------------------------------------------------------------------------
CA: Camp Pendleton......................... Public-Private Venture, Phase 10,692 10,692
6B.
CA: Twentynine Palms....................... Public-Private Venture, Phase 1,074 1,074
2A.
-------------------------------------
Total.................................. ............................. 11,766 11,766
----------------------------------------------------------------------------------------------------------------
Department of Defense Base Closure Account 2005
The amended bill recommends $1,278,886,000 for Department
of Defense Base Closure Account 2005 instead of
$1,202,886,000 as requested by the Administration. The amount
provided fully funds the Administration's request to expedite
medical facility construction at Bethesda and Fort Belvoir,
and provides an additional $862,976,000 for BRAC 2005
implementation.
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
general operating expenses
The amended bill recommends $100,000,000 for General
Operating Expenses to implement the provisions of title V of
this Act.
information technology systems
The amended bill recommends $20,000,000 for Information
Technology Systems to implement the provisions of title V of
this Act, including support for any personnel increases
within the Veterans Benefits Administration.
construction, major projects
The amended bill recommends $396,377,000 for Construction,
Major Projects to accelerate and complete planned major
construction of Level I polytrauma rehabilitation centers as
identified in the Department of Veterans Affairs' Five Year
Capital Plan.
Polytrauma Center Initiative.--The nature of combat in Iraq
and Afghanistan has resulted in new patterns of polytraumatic
injuries and disabilities requiring specialized intensive
rehabilitation and high coordination of care. Operating under
a national Memorandum of Agreement with the Department of
Defense (DOD), the Department of Veterans Affairs (VA)
polytrauma rehabilitation centers continue to provide
treatment and care to severely injured combat personnel
requiring polytrauma inpatient rehabilitation. The medical
care the VA is providing to military personnel is
exceptional. However, space in the existing polytrauma
facilities is dated, with cramped quarters and treatment
facilities scattered throughout hospital campuses. These
inefficiencies prove to be difficult for patients with
mobility issues, compromised immune systems, and those
suffering from psychological wounds. In an effort to
accelerate the VA's planned expansion and consolidation of
polytrauma rehabilitation centers on existing hospital
campuses as outlined in the Department's February 2008 Five
Year Capital Plan, the amended bill recommends providing
$396,377,000 to fully fund the design and construction of
these crucial projects.
GENERAL PROVISIONS, THIS CHAPTER
The amended bill includes the following general provisions
for this chapter:
Section 1301 provides an additional appropriation for
Military Construction, Army for the acceleration of barracks
improvements at Army installations.
Section 1302 relates to the Armed Forces Institute of
Pathology.
Section 1303 relates to the collection of certain debts
owed to the Department of Veterans Affairs by service members
killed in a combat zone.
CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008
Introduction
The budget request totals $5,073,608,000 in emergency
supplemental funds for fiscal year 2008, and the Department
of State, Foreign Operations and Related Programs
Appropriations Act, 2008 (Public Law 110-161) provided
$1,473,800,000 for immediate requirements. The amended bill
provides for Department of State, Foreign Operations and
Related Programs a total of $5,164,108,000, which is
$90,500,000 above the pending budget request.
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
The budget request included $2,283,008,000 for Diplomatic
and Consular Programs, of which $575,000,000 was appropriated
in the Department of State, Foreign Operations and Related
Programs Appropriations Act, 2008 (Public Law 110-161) for
operations and security at the United States Embassy in Iraq.
The amended bill includes an additional $1,465,700,000 for
Diplomatic and Consular Programs, which is $242,308,000 below
the pending request. Within the amount provided, $210,400,000
is for worldwide security protection. Funds for diplomatic
and consular programs are to be allocated as follows:
[[Page H5675]]
DIPLOMATIC AND CONSULAR PROGRAMS
($ in thousands)
----------------------------------------------------------------------------------------------------------------
Change from
Activity Pending request Amended bill request
----------------------------------------------------------------------------------------------------------------
Iraq Diplomatic Operations............................. 1,545,608 1,150,000 -395,608
Afghanistan--Operations and Worldwide Security 162,400 200,200 37,800
Protection............................................
Pakistan--Operations................................... 0 7,500 7,500
Western Hemisphere Travel Initiative................... 0 1,000 1,000
Worldwide Security Protection.......................... 0 48,000 48,000
Civilian Workforce Initiative.......................... 0 55,000 55,000
Public Diplomacy....................................... 0 4,000 4,000
--------------------------------------------------------
Total, Diplomatic and Consular Programs............ 1,708,008 1,465,700 -242,308
----------------------------------------------------------------------------------------------------------------
Afghanistan.--Within the total, the amended bill includes
$200,200,000, which is $37,800,000 above the request, for
necessary expenses for diplomatic and security operations in
Afghanistan. Of this amount, $162,400,000 is for enhanced
security operations, including additional high threat
protection teams, increased overhead cover and physical
security measures, replacement of armored vehicles, and local
guard service. In addition, $19,000,000 is for the
establishment of a Department of State-managed air transport
capability in Afghanistan for Department of State and United
States Agency for International Development (USAID) personnel
to manage country programs, provide support for medical
evacuation, and other security-related operations. Finally,
$18,800,000 is for support of operations and personnel for
Provincial Reconstruction Teams (PRTs) in Afghanistan.
Iraq.--Within the total, $1,150,000,000 is for the
diplomatic and security operations of the United States
Mission in Iraq, which is $395,608,000 below the pending
request. The cost of operations of the United States Mission
in Iraq totals $2,141,000,000 for fiscal year 2008, including
$1,150,000,000 provided in this Act, $575,000,000 provided as
bridge funding in Public Law 110-161 and $416,000,000 in
funds carried over from prior year appropriations. Nearly
$900,000,000 is requested for supporting security
requirements for diplomatic and development personnel in
Iraq.
The amended bill includes funding for mission operations,
security, logistics support, information technology, and
operations of PRTs. Congress has provided an additional
$196,543,000 since fiscal year 2006 for follow-on facilities
requirements identified by the Department of State, as
follows: extend the perimeter wall; construct a dining
facility; construct additional housing; construct a tactical
operations center for Diplomatic Security; construct a static
guard camp; and construct overhead cover. The actual cost of
building the New Embassy Compound (NEC) has reached a total
of $788,543,000 to date.
The number of permanent and temporary personnel assigned to
Iraq, with the exception of USAID, should be decreased to
accommodate all personnel within the NEC and any improvements
can be made with previously appropriated funds. USAID will
play a critical role in assisting the Government of Iraq in
effectively allocating its budgetary resources.
The additional $43,804,000 requested for follow-on projects
for the NEC in Baghdad is not included. At least $77,027,000
in prior year funding programmed for follow-on projects is
available for obligation and these funds should be used to
provide additional secure housing for a smaller number of
personnel.
None of the funds provided under this heading in this Act
shall be made available for follow-on projects, other than
the proposed funding for overhead cover. The Department of
State should include a detailed plan for the use of funds for
follow-on projects as part of the spending plan required by
this Act.
Due to an extended accreditation and verification process
and the addition of follow-on projects, occupancy of the NEC
offices and housing has been delayed. This rigorous process
to address and validate whether the NEC was constructed to
code and contract specifications was supported. Now that the
process is complete, occupancy of the offices and housing
should proceed without delay in order to provide the
maximum protection to United States personnel.
The rationale for co-location of the Departments of State
and Defense in the NEC is recognized. However, the proposed
New Office Building and the Interim Office Building
reconfigurations are projected to delay occupancy of NEC
offices by up to one year. Given the difficult security
environment in Baghdad, this lengthy delay is not acceptable.
The Departments of State and Defense are expected to consult
with the Committees on Appropriations on options for moving
forward with limited co-location plans in the most
accelerated, secure, and cost-effective manner. Any future
construction in Iraq shall be subject to the Capital Security
Cost Sharing Program, in the same manner as all other embassy
construction projects worldwide.
There is a concern that private security contractors have
been utilized without the necessary authority, oversight, or
accountability. The Department of State is directed to
provide a report to the Committees on Appropriations not
later than 45 days after enactment of this Act on the
implementation status of each of the recommendations of the
October 2007 report of the Secretary of State's Panel on
Personal Protective Services. The Department of State is
encouraged to aggressively review security procedures and
seek the necessary authority to ensure that increased
security is achieved with effective oversight and
accountability.
The Secretary of State should take appropriate steps to
ensure that assistance for Iraq is 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.
Pakistan.--The amended bill includes $7,500,000 for
operations, security, and personnel engaged in diplomatic
activities to promote economic and political development in
the Federally Administered Tribal Areas along the Pakistan
and Afghanistan border.
Sudan.--The amended bill includes resources to support the
diplomatic mission in Sudan including the United States
Special Envoy for Sudan.
Buying Power Maintenance Account.--The amended bill
provides authority to transfer funds available in this Act,
and in a prior Act, to the Buying Power Maintenance Account
in accordance with section 24 of the State Department Basic
Authorities Act, to manage exchange rate losses in fiscal
year 2008.
Civilian Workforce Initiative.--The amended bill provides
$55,000,000 to increase the civilian diplomatic capacity of
the Department of State to meet the increasing and complex
demands of diplomacy in the 21st century. Within the total,
$30,000,000 is for the initial development and deployment of
a civilian capacity to respond to post-conflict stabilization
and reconstruction challenges and $25,000,000 is to
strengthen capabilities of the United States diplomatic corps
and promote broader engagement with the rest of the world,
including expanding training and enhanced interagency
collaboration.
The amended bill includes funds to replace Foreign Service
positions worldwide, which were previously moved to Iraq and
to increase the number of positions participating in critical
needs foreign language training. The Department of State has
transferred approximately 300 Foreign Service positions from
embassies around the world to Iraq and to associated language
training, leaving key posts understaffed. These funds are to
be used to support United States foreign policy in priority,
understaffed regions, particularly South and East Asia, the
Western Hemisphere, and Africa.
Funds made available for the civilian stabilization
initiative are for the Active and Standby Response Corps
portion of the initiative and to enhance operations of the
Office of the Coordinator for Reconstruction and
Stabilization. In addition to the funds provided to the
Department of State, $25,000,000 is appropriated in this Act
under the heading ``Operating Expenses of the United States
Agency for International Development'' to implement the USAID
portion of the civilian stabilization initiative. The funding
request for the Civilian Response Corps will be considered as
part of the fiscal year 2009 appropriations process and none
of the funds provided in this Act are to be used to implement
the Civilian Response Corps portion of the initiative.
Diplomatic Security-Worldwide Security Protection.--The
amended bill also includes $48,000,000 above the request for
worldwide security protection. The amount provided is
available to restore 100 positions in the diplomatic security
personnel that were redirected to Iraq to address urgent
security requirements for United States personnel elsewhere
in the world.
Directorate of Defense Trade Controls.--Increased demands
on the Directorate of Defense Trade Controls' Office of
Defense Trade Controls Licensing have led to delays in
license processing. The Secretary of State is directed to
review the workload demands and staffing needs of the office
and report any recommendations to the Committees on
Appropriations not later than 45 days after enactment of this
Act.
Middle East Peace Process.--The security and support
requirements for the personnel and operations that accompany
the Middle East peace process have been, and should continue
to be, supported through the operations funds available in
fiscal year 2008. Any additional requirements associated with
these activities will be considered during the fiscal year
2009 appropriations process.
Public Diplomacy.--The amended bill includes $4,000,000 for
the Office of Public Diplomacy and Public Affairs to expand
new media for targeted Arabic language television programs
for the purpose of fostering cultural, educational, and
professional dialogues through indigenous Arabic language
satellite media.
[[Page H5676]]
Western Hemisphere Travel Initiative.--The amended bill
recommends not less than $1,000,000 to expand public outreach
efforts related to implementation of the Western Hemisphere
Travel Initiative (WHTI). With WHTI implementation occurring
as early as June 2009, there is concern about the lack of a
comprehensive, coordinated plan between the Department of
State, the Department of Homeland Security, and the United
States Postal Service to broadly disseminate information to
the traveling public concerning the final WHTI implementation
requirements at the Nation's land and sea ports. The
Department of State is encouraged to provide significantly
increased outreach to border communities, including through
radio, print media, and additional passport fairs.
office of inspector general
(including transfer of funds)
The amended bill includes an additional $9,500,000 for
Office of Inspector General (OIG) at the Department of State,
which is $9,500,000 above the pending request. Of the total,
$5,000,000 is to enhance the Department of State Inspector
General's oversight of programs in Iraq and Afghanistan,
$2,500,000 is for operations of the Special Inspector General
for Iraq Reconstruction (SIGIR), and $2,000,000 is for
operations of the Special Inspector General for Afghanistan
Reconstruction (SIGAR).
The Department of State OIG, USAID OIG, SIGIR, and SIGAR
each have independent oversight responsibilities in Iraq and
Afghanistan. The inspectors general should, to the maximum
extent practicable, coordinate, and de-conflict all
activities related to oversight of assistance programs for
the reconstruction of Iraq and Afghanistan to ensure that
oversight resources are used effectively and are not
unnecessarily duplicative.
To ensure continuity of oversight of permanent United
States Missions, the USAID OIG and the Department of State
OIG are expected to actively participate in oversight of all
programs funded by this Act and prior Acts making
appropriations for the Department of State and foreign
operations, in particular oversight of diplomatic and
development operations and facilities. Joint oversight with
SIGIR or SIGAR is strongly encouraged; however once fully
staffed, the Department of State OIG or the USAID OIG should,
to the maximum extent practicable, be designated as the lead
for any joint oversight conducted with SIGIR or SIGAR of
funds involving diplomatic operations and facilities in Iraq
and Afghanistan.
embassy security, construction, and maintenance
The amended bill includes an additional $76,700,000 for
urgent embassy security, construction, and maintenance costs,
which is $83,300,000 below the request. The funds are to
construct 300 secure apartments and a secure office building,
including the necessary perimeter security, utility, and
dining facilities, for United States Mission staff in
Afghanistan. Currently, there are a small number of permanent
construction apartments and the majority of diplomatic and
Mission personnel live in structures with limited protection.
Additional funds for this purpose are provided in subchapter
B.
International Organizations
contributions to international organizations
The amended bill includes $66,000,000 for Contributions to
International Organizations, which is for United States
contributions to the UN Assistance Mission in Afghanistan and
the UN Assistance Mission in Iraq. Funding is also provided
to meet fiscal year 2008 assessed dues to organizations whose
missions are critical to protecting United States national
security interests, including the North Atlantic Treaty
Organization, the International Atomic Energy Agency, and
the Organization for the Prohibition of Chemical Weapons.
The Department of State is directed not later than 45 days
after enactment of this Act, to provide a report to the
Committees on Appropriations detailing total United States-
assessed contributions, any arrears from prior years and
potential arrears for fiscal years 2008 and 2009 for each of
the organizations funded under this heading.
contributions for international peacekeeping activities
The budget request included $723,600,000 for Contributions
for International Peacekeeping Activities, of which
$390,000,000 of funds designated as an emergency was provided
in the Department of State, Foreign Operations and Related
Programs Appropriations Act, 2008 (Public Law 110-161) for
the United States contribution to the United Nations/African
Union (UN/AU) hybrid peacekeeping mission to Darfur (UNAMID).
The amended bill includes an additional $373,708,000 for
assessed costs to UN peacekeeping operations. Within the
total under this heading, not less than $333,600,000 is
provided for UNAMID, which is the same as the request.
Additionally, the amended bill includes $40,108,000 to meet
unmet fiscal year 2008 assessed dues for the international
peacekeeping missions to countries such as the Democratic
Republic of the Congo, Cote d'Ivoire, Haiti, Liberia, and
Sudan.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
The amended bill includes an additional $2,000,000 for
International Broadcasting Operations to continue increased
broadcasting to Tibet.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
The budget request included $80,000,000 for International
Disaster Assistance. The Department of State, Foreign
Operations and Related Programs Appropriations Act, 2008
(Public Law 110-161) provided $110,000,000 for emergency
humanitarian requirements.
The amended bill includes $220,000,000 for International
Disaster Assistance, which is $220,000,000 above the pending
request. These funds should be used to respond to urgent
humanitarian requirements worldwide, including in Burma,
Bangladesh, the People's Republic of China, and countries
severely affected by the international food crisis.
USAID is directed to substantially increase food assistance
for Haiti to address critical food shortages and
malnutrition. Preventing hunger and combating poverty in
Haiti should be a USAID priority.
As the State Peace and Development Council (SPDC) has
compounded the humanitarian crisis in Burma by failing to
respond to the needs of the Burmese people in the wake of
Cyclone Nargis and by refusing offers of assistance from the
international community, the Department of State and USAID
should seek to avoid providing assistance to or through the
SPDC.
The amended bill also includes funds under this heading and
the heading ``Development Assistance'' in subchapter B to
help address the international food crisis. Programs should
address both rural and urban food requirements.
operating expenses of the united states agency for international
development
The budget request included $61,800,000 for Operating
Expenses of the United States Agency for International
Development, of which $20,800,000 was provided in the
Department of State, Foreign Operations and Related Programs
Appropriations Act, 2008 (Public Law 110-161) for operations
in Iraq.
The amended bill includes $150,500,000 for Operating
Expenses of the United States Agency for International
Development.
Of the funds provided under this heading, the amended bill
includes $41,000,000 to continue support for security needs
in Iraq and Afghanistan, which is the same as the request. In
addition, $30,000,000 is included to increase support for
staffing, security, and operating needs in Afghanistan and
Sudan, and $19,500,000 in Pakistan.
The amended bill also includes $25,000,000 to support the
development and deployment of a civilian capacity to respond
to post-conflict stabilization and reconstruction needs.
Funds made available for the civilian stabilization
initiative are for the Active and Standby Response Corps
portion of the initiative and none of the funds provided in
this Act may be used to develop the Civilian Response Corps.
Additional funding for this initiative is provided in the
``Diplomatic and Consular Programs'' account for the
Department of State portion of the initiative.
In addition, the amended bill includes $35,000,000 to
enable USAID to hire above attrition in fiscal year 2008. The
Administration's request for fiscal year 2009 includes
$92,000,000 for hiring 300 USAID foreign service officers as
part of a three-year initiative. Funding provided in this Act
is intended to support the hiring of additional Foreign
Service officers in fiscal year 2008 in order to begin
rebuilding the capacity of the Agency to carry out its
mission. USAID is directed to consult with the Committees on
Appropriations on the use of these funds and to recruit mid-
career personnel. As USAID seeks to strengthen its workforce,
USAID is encouraged to consult with the Department of Defense
on ways to benefit from the experience of retiring officers,
including establishment of a transition program.
operating expenses of the united states agency for international
development office of inspector general
The amended bill includes an additional $4,000,000 for the
United States Agency for International Development Office of
Inspector General to support increased oversight of programs
in Iraq and Afghanistan.
OTHER BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
The budget request included $2,217,000,000 for Economic
Support Fund (ESF), of which $208,000,000 was provided in the
Department of State, Foreign Operations and Related Programs
Appropriations Act, 2008 (Public Law 110-161) for emergency
requirements in the West Bank and in North Korea, as
requested.
The amended bill includes $1,882,500,000 for ESF, which is
$126,500,000 below the request. An additional $75,000,000 is
provided under the heading Democracy Fund for political
development programs for Iraq. Funds are to be allocated as
follows:
ECONOMIC SUPPORT FUND
($ in thousands)
------------------------------------------------------------------------
Amended
Country and region bill
------------------------------------------------------------------------
Afghanistan................................................ 859,000
Bangladesh................................................. 25,000
Central America............................................ 25,000
Central African Republic................................... 1,000
Chad....................................................... 2,000
Democratic Republic of the Congo........................... 12,500
Iraq....................................................... 424,000
Jordan..................................................... 175,000
Kenya...................................................... 12,000
[[Page H5677]]
Mexico..................................................... 20,000
Nepal...................................................... 7,000
North Korea................................................ 53,000
Philippines................................................ 15,000
Sri Lanka.................................................. 6,000
Sudan...................................................... 45,000
Thailand................................................... 2,500
Uganda..................................................... 17,500
West Bank and Gaza......................................... 171,000
Zimbabwe................................................... 5,000
Exchanges Africa........................................... 5,000
------------
Total.................................................. 1,882,500
------------------------------------------------------------------------
Iraq.--The amended bill includes $424,000,000 for Iraq,
which is $373,000,000 below the request. The sums provided
enable the Department of State and USAID to continue programs
in Iraq through the end of fiscal year 2008 and into the
first two quarters of fiscal year 2009. After providing more
than $45,000,000,000 to help rebuild Iraq, the United States
should reduce bilateral assistance levels and reduce the
number of Department of State personnel involved in the
reconstruction effort who are located in Iraq. Funds provided
for Iraq are to be allocated as follows:
IRAQ PROGRAMS
($ in thousands)
----------------------------------------------------------------------------------------------------------------
Change from
Activity Pending request Amended bill request
----------------------------------------------------------------------------------------------------------------
Provincial Reconstruction Teams (PRTs)................. 165,000 139,000 -26,000
Provincial Reconstruction Development Councils..... 100,000 85,000 -15,000
Local Governance Program........................... 65,000 54,000 -11,000
Community Stabilization Program (CSP).................. 155,000 100,000 -55,000
Community Action Program (CAP)......................... 0 75,000 75,000
Infrastructure Security Protection for Oil, Water and 70,000 0 -70,000
Electricity...........................................
Operations and Maintenance of Key USG-Funded 134,000 10,000 -124,000
Infrastructure........................................
Iraqi-American Enterprise Fund......................... 25,000 0 -25,000
Provincial Economic Growth (including Agriculture and 0 25,000 25,000
Microfinance).........................................
National Capacity Development.......................... 248,000 70,000 -178,000
Marla Fund............................................. 0 5,000 5,000
--------------------------------------------------------
Total.............................................. 797,000 424,000 -373,000
----------------------------------------------------------------------------------------------------------------
Community Action Program (CAP).--The amended bill includes
$75,000,000 for continued support for the Community Action
Program.
Community Stabilization Program (CSP).--The amended bill
includes $100,000,000 for the CSP, which is $55,000,000 below
the request. Recent findings of a March 18, 2008 USAID
Inspector General audit (E-267-08-001-P) of possible fraud
and misuse of some CSP funds are of concern. Therefore the
amended bill withholds 50 percent of funding until the
Secretary of State certifies and reports that USAID is
implementing recommendations contained in the audit to
ensure proper use of funds.
Enterprise Fund.--The amended bill does not include any
funding for the creation, capitalization, operation, or
support of any enterprise fund in Iraq. The Department of
State is directed not to reprogram any funds made available
by this or prior Acts for an enterprise or enterprise-related
fund in Iraq.
Infrastructure Security Protection for Oil, Water, and
Electricity.--The amended bill does not include funding for
these functions, which should be supported by the Government
of Iraq.
Marla Ruzicka Iraqi War Victims Fund.--The amended bill
includes $5,000,000 for the Marla Ruzicka Iraqi War Victims
Fund for continued assistance for Iraqi civilians who suffer
losses as a result of the military operations.
National Capacity Development (NCD).--Within the amount
provided in ESF for Iraq, $70,000,000 is provided for NCD,
which is $178,000,000 below the request. The Government of
Iraq should assume increasing responsibility for the cost of
these activities.
Operations and Maintenance of Key U.S. Government-Funded
Infrastructure.--The amended bill includes $10,000,000 for
operations and maintenance of key United States government-
funded infrastructure, which is $124,000,000 below the
request. These functions should be funded by the Government
of Iraq and this Act includes sufficient funding to allow the
United States to provide technical assistance and training.
In addition, the amended bill conditions the funds on the
signing and implementation of an asset transfer agreement
between the United States and Iraq.
Provincial Economic Growth.--The amended bill includes
$25,000,000 for provincial economic growth activities.
Vulnerable Groups.--Up to $10,000,000 of funds made
available for Iraq in this chapter, including from the
Migration and Refugee Assistance and International Disaster
Assistance accounts, should be made available for programs to
assist vulnerable Iraqi religious and ethnic minority groups,
including Christians. The Secretary of State should designate
staff at United States Embassy Baghdad to oversee and
coordinate such assistance.
Afghanistan.--The amended bill includes $859,000,000 in ESF
for Afghanistan, which is $25,000,000 above the request.
USAID is directed to review its reconstruction efforts in
Afghanistan; focus its assistance, including capacity
building, through local Afghan entities; give greater
attention to accountability and monitoring to minimize
corruption; and emphasize programs which directly improve the
economic, social, and political status of Afghan women and
girls. Funds provided for Afghanistan are to be allocated as
follows:
AFGHANISTAN PROGRAMS
($ in thousands)
----------------------------------------------------------------------------------------------------------------
Change from
Activity Pending request Amended bill request
----------------------------------------------------------------------------------------------------------------
Civilian Assistance Program............................ 0 10,000 +10,000
Governance and Capacity Building....................... 135,000 165,000 +30,000
2009 Elections......................................... 100,000 70,000 -30,000
National Solidarity Program............................ 40,000 65,000 +25,000
Health and Education................................... 50,000 75,000 +25,000
North Atlantic Treaty Organization POHRF............... 0 2,000 +2,000
Power.................................................. 175,000 150,000 -25,000
Provincial Reconstruction Teams (PRTs)/Provincial 0 50,000 +50,000
Governance............................................
Roads.................................................. 329,000 200,000 -129,000
Rural Development/Alternative Livelihoods.............. 0 65,000 +65,000
Trade and Investment................................... 5,000 7,000 +2,000
--------------------------------------------------------
Total.............................................. 834,000 859,000 25,000
----------------------------------------------------------------------------------------------------------------
Civilian Assistance.--The amended bill includes $10,000,000
for USAID's Afghan Civilian Assistance Program to continue
assistance for civilians who have suffered losses as a result
of the military operations, and $2,000,000 for the NATO/ISAF
Post-Operations Humanitarian Relief Fund.
Governance and Capacity Building.--The amended bill
provides $165,000,000 for governance and capacity building
programs, which is $30,000,000 above the request, to fund
rule of law, human rights, and local and national capacity
building.
National Solidarity Program.--The amended bill includes
$65,000,000 for the National Solidarity Program to support
small-scale development initiatives. The funding shall be
programmed in a manner consistent with the Afghan National
Development Strategy.
Power.--The amended bill includes $150,000,000 for power,
which is $25,000,000 below the request. The request includes
funding for gas and diesel power projects and there is a
concern that diesel generators are costly to maintain and
will exacerbate Kabul's already heavily polluted air. The
completion of the north-south transmission line to enable
Afghanistan to purchase electricity from its northern
neighbors for distribution to other areas of the country is
supported. Funding for the Northern Electrical Power System
or the Shebergan Gas-
[[Page H5678]]
Fired Plant is not included. The World Bank should play a
larger role in financing such infrastructure projects.
It is noted that Afghanistan has considerable potential for
small hydro and solar power development to service
Afghanistan's many remote communities that have no other
access to electricity, and not less than $15,000,000 of the
funds shall be used for renewable energy projects in rural
areas.
Provincial Reconstruction Teams.--The amended bill provides
$50,000,000 for PRTs in Afghanistan.
Roads.--The amended bill includes $200,000,000 for roads,
which is $129,000,000 below the request.
Rural Development and Alternative Livelihoods.--The amended
bill includes $65,000,000 for rural development and
alternative livelihood programs and an additional $35,000,000
for counternarcotics under the ``International Narcotics
Control and Law Enforcement'' account to expand
counternarcotics programs in Afghanistan. The Secretary of
State is directed to consult with the Committees on
Appropriations on the use of these funds.
2009 Elections.--The amended bill includes $70,000,000 for
preparations for the 2009 elections.
Bangladesh.--The amended bill includes $25,000,000 for
assistance for Bangladesh for cyclone recovery and
reconstruction assistance.
Central America.--The amended bill includes $25,000,000 for
the countries of Central America in fiscal year 2008, in
addition to funds otherwise made available for assistance for
these countries, for a program to be called the ``Economic
and Social Development Fund for Central America'', of which
$20,000,000 is to be administered by USAID, in consultation
with the Department of State. The purpose of the program is
to promote economic and social development and good
governance in targeted, low-income areas, including rural
communities that are particularly vulnerable to drug
trafficking and related violence and organized crime. These
funds should support programs that emphasize community
initiatives and public-private partnerships. United States
funds should be matched with contributions from public and
private sources to the maximum extent practicable. USAID is
directed to consult with the Committees on Appropriations
prior to the obligation of these funds. Of the funds
available, $5,000,000 shall be administered by the Bureau of
Educational and Cultural Affairs for educational exchanges
with the countries of Central America.
Democratic Republic of the Congo.--The amended bill
includes $12,500,000 for assistance for eastern Democratic
Republic of the Congo for urgent conflict mitigation and
recovery programs and for programs relating to sexual
violence against women and girls. Of this amount, not less
than $1,000,000 is to establish and support a training center
for health workers who provide care and treatment for victims
of sexual violence, and not less than $2,000,000 is for
training military and civilian investigators, prosecutors,
and judges to bring the perpetrators of such crimes to
justice.
Exchanges with Africa.--The amended bill includes
$5,000,000 for educational exchanges with countries in
Africa, specifically to counter extremism. These funds should
be administered by the Bureau of Educational and Cultural
Affairs.
Jordan.--The amended bill includes a total of $200,000,000
for economic assistance for Jordan, of which $175,000,000 is
appropriated under this heading, and $25,000,000 is
appropriated through a general provision. The Government of
Jordan remains a key ally and has played a leading role in
supporting peace initiatives in the Middle East. Programming
of these resources should be done in consultation with the
Government of Jordan and refugee relief organizations and
funds should be used to meet the needs of Iraqi refugees. The
Secretary of State, after consultation with the Government of
Jordan, the United Nations, and international organizations
and non-governmental organizations with a presence in
Iraq, is directed to submit a report to the Committees on
Appropriations not later than 45 days after enactment of
this Act detailing (1) short- and medium-term options the
United States and other countries and organizations could
pursue to assist Iraqis in Jordan to maintain their
educational and vocational skills and earn income; and (2)
longer term options that the United States and the
Government of Jordan can take to address the economic,
social and health needs of refugees from Iraq, including
the feasibility of extending temporary residence status
for Iraqis registered with the United Nations High
Commissioner for Refugees.
Kenya.--The amended bill includes $12,000,000 for
assistance for Kenya for political, ethnic and tribal
reconciliation activities.
Mexico.--The amended bill includes $20,000,000 for
assistance for Mexico for institution building and support of
civil society. Funding for these purposes was requested
through the International Narcotics and Law Enforcement
(INCLE) account. The amended bill includes $5,000,000 for
human rights training for police, prosecutors, and prison
officials; $3,000,000 for victim and witness protection; and
$3,000,000 to support NGOs and civil society. The amended
bill also includes $5,000,000 for a literacy program for
local police. USAID is encouraged to work with non-
governmental organizations, civil society, and local police
to replicate the literacy program being implemented in
Nezahualcoyotl, Mexico. The amended bill also includes
funding for the Office of the UN High Commissioner for Human
Rights in Mexico (OHCHR). The Department of State is directed
to work with the Mexican Government, the OHCHR, and civil
society organizations in Mexico to promote respect for human
rights by Mexican police and military forces.
Nepal.--The amended bill includes $7,000,000 for assistance
for Nepal to strengthen democracy and support the peace
process, including the demobilization and reintegration of
ex-combatants, and for economic development programs in rural
communities affected by conflict.
North Korea.--The amended bill includes up to $53,000,000
for energy-related assistance for North Korea in support of
the goals of the Six-Party Talks Agreement, in addition to
the $53,000,000 appropriated in division J of Public Law 110-
161, which is the same as the total amount requested. Prior
to the obligation of assistance for North Korea, the
Secretary of State is directed to report to the Committees on
Appropriations that North Korea is continuing to fulfill its
commitments under the Six-Party Talks Agreement.
Pakistan.--The amended bill does not include funding for
assistance for Pakistan in this subchapter. These needs are
addressed in funding appropriated in the fiscal year 2009
bridge.
Philippines.--The amended bill includes $15,000,000 for
assistance for the Philippines for programs to further peace
and reconciliation in the southern Philippines, and
recognizes the shared interest between the United States and
the Philippines in combating terrorism in this region.
Sri Lanka.--The amended bill includes $6,000,000 for
assistance for Sri Lanka to be provided through USAID to
support economic development programs in the eastern region
of Sri Lanka to solidify recent gains against the Liberation
Tigers of Tamil Eelam. These funds should be used to assist
Tamil and Muslim minorities in Sri Lanka.
Sudan.--The amended bill includes $45,000,000 for
assistance for Sudan to support election-related activities.
Thailand.--The amended bill includes $2,500,000 for
assistance for Thailand to address economic and social
development needs in southern Thailand. The Department of
State is directed to consult with the Committees on
Appropriations prior to the obligation of these funds.
Uganda.--The amended bill includes $17,500,000 for
assistance for northern Uganda. These funds should be used to
support economic development, governance, assistance for war
victims, and reintegration of ex-combatants.
West Bank and Gaza.--The amended bill includes not more
than $171,000,000 for economic assistance for the West Bank
and Gaza, which is $24,000,000 below the request. The
Department of State is directed to provide a report to the
Committees on Appropriations not later than 90 days after the
enactment of this Act on how United States economic
assistance for the West Bank supports the larger Palestinian
Reform and Development Plan as well as a description of other
donor support of this plan. The report should describe how
assistance from the United States and other donors will
improve conditions in the West Bank, including through job
creation and housing programs.
Zimbabwe.--The amended bill includes $5,000,000 for
assistance for Zimbabwe to support political reconciliation
activities.
Department of State
DEMOCRACY FUND
The amended bill includes $76,000,000 for Democracy Fund
programs, requested under the heading ``Economic Support
Fund'', to be made available as follows:
Chad.--The amended bill includes $1,000,000 for democracy
activities in Chad.
Iraq.--The amended bill includes $75,000,000 for democracy
activities in Iraq. These funds are intended to be available
through nongovernmental organizations, including the National
Endowment for Democracy, and not less than $8,000,000 for the
United States Institute of Peace. These funds should be
awarded expeditiously to prevent interruption of current
operations.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The amended bill includes $390,300,000 for International
Narcotics Control and Law Enforcement (INCLE) activities in
Afghanistan, Iraq, Mexico, Central America, Haiti, the
Dominican Republic, and the West Bank, which is $343,700,000
below the request. The Secretary of State is directed to
consult with the Committees on Appropriations on the use of
these funds.
Iraq.--The amended bill includes $85,000,000 for Iraq for
justice and rule of law programs, which is $74,000,000 below
the request. Funding for prison construction is not included.
Afghanistan.--The amended bill includes $35,000,000, which
is $35,000,000 above the request, to support programs to
strengthen counternarcotics efforts, to improve the training
of the Afghan police, including border police, to advance the
development of institutional capacity professionalism of the
justice sector, and to help facilitate cooperation between
the police and the judiciary at both the national and
regional levels. The Department of State is directed to
report to the Committees on Appropriations not later than 180
days after enactment of this Act on the level of
counternarcotics cooperation by
[[Page H5679]]
the Government of Afghanistan at the national and regional
level and should detail, nationally and by province, the
steps that the Government of Afghanistan is taking to arrest
and prosecute leaders of Afghan drug cartels; disarm and
disband private militias; and end corruption among national
and provincial police forces.
Central America.--The amended bill includes $24,800,000 for
assistance for Belize, Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua, and Panama, and an additional $5,000,000
for Haiti and the Dominican Republic under the Merida
Initiative. Although funding was requested only through the
INCLE account, funding for the Merida Initiative is provided
in the accounts from which such activities are traditionally
funded. The amended bill provides funding for specialized
police training and non-lethal equipment to strengthen the
law enforcement and criminal justice institutions for the
purpose of combating drug trafficking and related violent
crime and increasing the capacity and professionalism of
Central American police forces.
Impunity within the military and police forces of several
of these countries and corruption within their justice
systems is of concern. The Secretary of State is directed to
submit a report in writing on mechanisms in place to ensure
eligibility of recipients of United States assistance.
The omission of Haiti and the Dominican Republic from the
request for the Merida Initiative makes it more likely that
these vulnerable countries would become increasingly favored
transit routes for drug traffickers. The amended bill
includes $2,500,000 for Haiti and $2,500,000 for the
Dominican Republic as part of the Merida Initiative to
support counternarcotics and border security programs, anti-
corruption, judicial reform, institution-building, and rule
of law programs.
Mexico.--There is a shared responsibility between the
United States and Mexico to combat drug trafficking and
related violence and organized crime. The amended bill
includes $215,500,000 to support programs to enable the
Government of Mexico to respond to these threats in
accordance with the rule of law. The amended bill includes
$10,000,000 for demand reduction and drug rehabilitation
activities; $3,000,000 to provide technical and other
assistance to enable the Government of Mexico to put into
service a unified national police registry; and not more than
$24,000,000 for program development and support. To the
extent possible, any equipment and technology purchases
should be interoperable based on open standards with the
equipment and technology being used by their United States
Government counterparts.
Corruption and impunity within Mexico's military and police
forces are of concern. Recommendations of the National Human
Rights Commission have been ignored and investigations of
violations of human rights by Mexican military and police
forces rarely result in convictions. The Secretary of State,
in consultation with relevant Mexican Government authorities,
is directed to report to the Committees on Appropriations
that mechanisms are in place to ensure eligibility of
recipients of United States assistance.
There is concern with the failure to investigate and
prosecute the police officers responsible for human rights
violations, including rape and sexual violence against women,
at San Salvador Atenco on May 3-4, 2006, and in Oaxaca
between June and December 2006. These and other such
violations by members of the Mexican military and police
forces have been documented and require thorough, credible
and transparent investigation and prosecution by the Mexican
Attorney General.
The state and Federal investigations into the October 27,
2007, killing in Oaxaca of American citizen Bradley Will have
been flawed and the Secretary of State is directed, not later
than 45 days after enactment of this Act and 120 days
thereafter, to submit a report to the Committees on
Appropriations detailing progress in conducting a thorough,
credible, and transparent investigation to identify the
perpetrators of this crime and bring them to justice. The
Department of State should work with Mexican Government
authorities and relevant Federal government agencies of the
United States to assist in the investigation of this case.
West Bank.--The amended bill includes $25,000,000 for
ongoing training of vetted units of the Palestinian National
Security Forces, which is the same as the request.
MIGRATION AND REFUGEE ASSISTANCE
The budget request included $230,000,000 for Migration and
Refugee Assistance, of which $200,000,000 was provided in the
Department of State, Foreign Operations and Related Programs
Appropriations Act, 2008 (Public Law 110-161) for emergency
refugee requirements in Iraq and the West Bank and Gaza.
The amended bill includes $315,000,000 for Migration and
Refugee Assistance, which is $285,000,000 above the pending
request. Funds should be made available to meet unmet global
refugee needs, including to assist Iraqi refugees in Jordan,
Syria, Lebanon, Turkey, Egypt, and the surrounding region, as
well as internally displaced persons in Iraq. Funds may also
be used, if necessary, for the admissions costs of Iraqis
granted special immigrant status under the Special Immigrant
Visa program authorized by the National Defense Authorization
Act of 2008. In addition, funds may be used to offset
administrative costs associated with the expanded
requirements of the Iraqi refugee program, in consultation
with the Committees on Appropriations.
The humanitarian crisis involving Iraqi refugees and
internally displaced persons is of concern and the Government
of Iraq has dedicated insufficient resources to assist this
most vulnerable segment of the Iraqi population. The
Department of State shall urge the Government of Iraq to
provide a substantial increase in funding for humanitarian
assistance to the Iraqi refugee population residing in the
region and within the country. In addition, the Secretary of
State should ensure that the Senior Coordinator for Iraqi
Refugee Issues gives particular attention to the needs of
vulnerable minority groups, including ethnic and religious
minorities.
The welfare and security of the 7,900 Lao Hmong in the Thai
military camp in Petchaboon, northern Thailand is of concern
and the Department of State is directed to urge the
Government of Thailand to support a transparent screening
process to identify those who have a legitimate fear of
return to Laos. Any attempt to force the return of Hmong
refugees to Laos is strongly opposed.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The amended bill includes $31,000,000 for the United States
Emergency Refugee and Migration Assistance Fund to prevent
depletion of this emergency fund.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The amended bill includes $13,700,000 for Nonproliferation,
Anti-terrorism, Demining and Related Programs (NADR), which
is $8,700,000 above the request.
Of these funds, $5,000,000 is for presidential protective
service support in Afghanistan, which is the same as the
request, and $2,500,000 is for a United States contribution
to the Comprehensive Test Ban Treaty International Monitoring
System.
Central America.--The amended bill also includes $6,200,000
for the Merida Initiative for the countries of Central
America, which is $6,200,000 above the request. Although
funding for these purposes was requested only through the
INCLE account, funding has been provided in the NADR account,
from which such activities are traditionally funded.
MILITARY ASSISTANCE
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
The amended bill includes $137,500,000 for Foreign Military
Financing Program, which is $137,500,000 above the request.
Central America.--The amended bill includes $4,000,000 to
augment the ongoing naval cooperation program and maritime
security assistance to strengthen the ability of the
countries of Central America to improve maritime security and
interdiction capabilities, including to complement existing
regional systems and programs.
Jordan.--The amended bill includes a total of $50,000,000
for military assistance for Jordan, of which $17,000,000 is
appropriated under this heading and $33,000,000 is
appropriated through a general provision.
Mexico.--The amended bill includes $116,500,000 in support
of military-to-military cooperation between the United States
and Mexico.
SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
2009
The budget request totals $3,605,000,000 in emergency
supplemental funds for fiscal year 2009. The amended bill
provides a total of $3,679,500,000 for the Department of
State, Foreign Operations and Related Programs for fiscal
year 2009 emergency supplemental requirements, which is
$74,500,000 above the request.
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The amended bill includes $704,900,000 for Diplomatic and
Consular Programs. Within this amount, $78,400,000 is
available for worldwide security protection and not more than
$550,500,000 is available as a bridge fund for Iraq
operations.
To meet increased security and personnel requirements, the
amended bill includes $89,400,000 for Afghanistan, $7,000,000
for Pakistan, $3,000,000 for Somalia, and $15,000,000 for
Sudan. In addition, the amended bill includes $40,000,000 to
continue the support of new positions to develop language and
other critical skills of the diplomatic corps and for
civilian post-conflict stabilization initiatives.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
The amended bill includes $57,000,000 for Office of
Inspector General at the Department of State, of which
$15,500,000 is to continue oversight of programs in Iraq and
Afghanistan, and the Middle East.
Special Inspector General for Iraq Reconstruction
(SIGIR).--The amended bill includes $36,500,000 for SIGIR for
continued oversight of United States reconstruction programs
in Iraq, as authorized by section 3001 of Public Law 108-106.
Special Inspector General for Afghanistan Reconstruction
(SIGAR).--The amended bill includes $5,000,000 for SIGAR,
which is $5,000,000 above the request, and which
is authorized by section 1229 of Public Law 110-181. Such
funds shall be used for oversight of United States
reconstruction programs in Afghanistan. None of the funds
shall be used to duplicate investigations that have been
[[Page H5680]]
conducted or to support offices or systems of inspectors
general at the Department of State or USAID. SIGAR should
co-locate staff and ``back office'' support systems with
other inspectors general to the extent feasible.
embassy security, construction, and maintenance
The amended bill includes $41,300,000 for urgent embassy
security, construction, and maintenance costs. Funds should
be used to construct safe and secure office space for the
increasing number of diplomatic and development personnel
living and working in Kabul, Afghanistan.
International Organizations
contributions to international organizations
The amended bill includes $75,000,000 for Contributions to
International Organizations.
contributions for international peacekeeping activities
The amended bill includes $150,500,000 for Contributions
for International Peacekeeping Activities to fund the
Administration's revised estimate of the United States-
assessed contribution to international peacekeeping.
RELATED AGENCY
Broadcasting Board of Governors
international broadcastng operations
The amended bill includes $6,000,000 for International
Broadcasting Operations.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health and child survival
The amended bill includes $75,000,000 for Global Health and
Child Survival to continue programs to combat avian
influenza.
development assistance
The amended bill includes $200,000,000 for Development
Assistance, which is for a new Food Security Initiative to
promote food security in countries affected by significant
food shortages, such as programs to assist farmers to
increase crop yields, including in Darfur. Of this amount, up
to $50,000,000 should be used for local and regional
purchase. The Secretary of State is directed to submit a
report to the Committees on Appropriations not later than 45
days after enactment of this Act, and prior to the initial
obligation of funds, on the proposed uses of funds to
alleviate starvation, hunger, and malnutrition overseas,
including a list of those countries facing significant food
shortages.
international disaster assistance
The amended bill includes $200,000,000 for International
Disaster Assistance to meet urgent humanitarian requirements
worldwide, including support for critical needs in
Bangladesh, Burma, and the People's Republic of China. A
portion of these funds should be used for assistance for
internally displaced persons in Iraq and Afghanistan. In
addition, funds are available under this heading to assist in
the response to the international food crisis.
operating expenses of the united states agency for international
development
The amended bill includes $93,000,000 for Operating
Expenses of the United States Agency for International
Development to address staffing, security, and operating
needs.
operating expenses of the united states agency for international
development office of inspector general
The amended bill includes $1,000,000 for Operating Expenses
of the United States Agency for International Development
Office of Inspector General.
Other Bilateral Economic Assistance
economic support fund
The amended bill includes $1,124,800,000 for Economic
Support Fund to address critical health, economic, and
security needs. These funds are to be allocated as follows:
ECONOMIC SUPPORT FUND
($ in thousands)
------------------------------------------------------------------------
Amended
Country and region bill
------------------------------------------------------------------------
Afghanistan................................................ 455,000
Bangladesh................................................. 50,000
Burma...................................................... 5,300
Central African Republic................................... 2,000
Chad....................................................... 5,000
Democratic Republic of the Congo........................... 10,000
Iraq....................................................... 102,500
Jordan..................................................... 100,000
Kenya...................................................... 25,000
North Korea................................................ 15,000
Pakistan................................................... 150,000
Sudan...................................................... 25,000
Uganda..................................................... 15,000
West Bank and Gaza......................................... 150,000
Zimbabwe................................................... 15,000
------------
Total.................................................. 1,124,800
------------------------------------------------------------------------
Afghanistan.--The amended bill includes $455,000,000 for
assistance for Afghanistan.
Governance and Capacity Building.--The amended bill
includes $20,000,000 for the National Solidarity Program to
support small-scale development initiatives; and not less
than $35,000,000 for preparations for the 2009 elections. The
funding shall be programmed in a manner consistent with the
Afghan National Development Strategy.
Rural Development and Alternative Livelihoods.--The amended
bill includes not less than $35,000,000 for rural development
and alternative livelihoods.
Bangladesh.--The amended bill includes $50,000,000 for
cyclone recovery and reconstruction assistance.
Burma.--The amended bill includes $5,300,000 for assistance
for Burma for humanitarian programs along the Thai-Burma
border.
Iraq.--The amended bill includes $102,500,000 for
assistance for Iraq.
Community Action Program (CAP).--The amended bill includes
$32,500,000 for continued support for the Community Action
Program.
Community Stabilization Program (CSP).--The amended bill
includes $32,500,000 for continued support for the Community
Stabilization Program.
Marla Ruzicka Iraqi War Victims Fund.--The amended bill
includes $2,500,000 for the Marla Ruzicka Iraqi War Victims
Fund for continued assistance for Iraqi civilians who suffer
losses as a result of the military operations.
Provincial Reconstruction Teams (PRTs).--The amended bill
includes $35,000,000 for continued support for the Provincial
Reconstruction Teams.
Department of State
international narcotics control and law enforcement
The amended bill includes $199,000,000 for International
Narcotics Control and Law Enforcement activities in Iraq,
Afghanistan, the West Bank, Mexico, and Africa. The Secretary
of State is directed to consult with the Committees on
Appropriations on the use of these funds.
migration and refugee assistance
The amended bill includes $350,000,000 for Migration and
Refugee Assistance to respond to urgent humanitarian and
refugee admissions requirements, including those involving
refugees from Iraq, Afghanistan, and central Africa.
nonproliferation, anti-terrorism, demining, and related programs
The amended bill includes $4,500,000 for Nonproliferation,
Anti-terrorism, Demining and Related Programs, for
humanitarian demining in Iraq.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
The amended bill includes $302,500,000 for Foreign Military
Financing Program, of which $100,000,000 is for assistance
for Jordan, $170,000,000 is for assistance for Israel, and
$32,500,000 is for assistance for Lebanon.
peacekeeping operations
The amended bill includes $95,000,000 for Peacekeeping
Operations for programs in Africa to address needs beyond
those projected in the fiscal year 2009 budget request,
including for Darfur and $10,000,000 for Peacekeeping
Operations in the Democratic Republic of the Congo (DRC).
These funds are made available to support infantry battalions
of the DRC armed forces, to protect vulnerable civilians in
the eastern region of the country, and should be made
available in accordance with thorough vetting procedures. The
Department of State should ensure that trained units are
being provided professional leadership, appropriate training
in human rights, and adequate pay.
SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER
The amended bill includes the following general provisions
for this chapter:
extension of authorities
Section 1401 extends certain authorities necessary to
expend Department of State and foreign assistance funds.
IRAQ
Section 1402 imposes certain conditions and limitations on
assistance for Iraq and requires reports.
AFGHANISTAN
Section 1403 imposes certain conditions and limitations on
assistance for Afghanistan and requires a report.
WEST BANK
Section 1404 directs the Department of State to provide a
report to the Committees on Appropriations not later than 90
days after enactment of this Act, and 180 days thereafter, on
the Palestinian security assistance program.
WAIVER OF CERTAIN SANCTIONS AGAINST NORTH KOREA
Section 1405 grants waiver authority to the President with
respect to certain assistance to North Korea and the ``Glenn
Amendment,'' which established automatic sanctions in the
Arms Export Control Act on non-nuclear weapon states that
detonate a nuclear device.
MEXICO
Section 1406 sets a ceiling on funding for Mexico at
$400,000,000. The provision also provides a restriction on
the use of funding for budget support or cash payments and
restricts obligation of 15 percent of the funding provided
under the headings ``Foreign Military Financing Program'' and
``International Narcotics Control and Law Enforcement'' until
the Secretary of State submits a report in writing.
CENTRAL AMERICA
Section 1407 states that $65,000,000 may be made available
for the countries of Central America, Haiti and the Dominican
Republic and prohibits the use of funding for budget support
or cash payments. The provision restricts obligation of 15
percent of the funding provided under the headings ``Foreign
Military Financing Program'' and ``International Narcotics
Control and Law Enforcement'' for the military and police
forces until the Secretary of State submits a report in
writing.
[[Page H5681]]
BUYING POWER MAINTENANCE ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Section 1408 provides authority to utilize $26,000,000 from
appropriations for Diplomatic and Consular Programs from a
prior Act and authority to transfer up to an additional
$74,000,000 of the funds made available by this Act to the
Buying Power Maintenance Account to manage exchange rate
losses in fiscal year 2008. The Department of State shall
consult on any proposed transfers resulting from this
authority. The Department of State estimates the impact of
currency fluctuations to be at least $260,000,000 on United
States diplomatic operations worldwide.
In addition, the provision includes authority to transfer
unobligated and expired balances after fiscal year 2008 into
the Buying Power Maintenance Account to address future
exchange rate losses. The Secretary of State shall submit a
report to the Committees on Appropriations not later than
October 15, 2008, on the amount transferred by this authority
in this or any fiscal year, the total amount of exchange rate
losses in fiscal year 2008, and the accumulated impact of
losses from prior years.
Finally, authority is granted to the Broadcasting Board of
Governors to transfer unobligated and expired balances after
fiscal year 2008 into its Buying Power Maintenance Account.
SERBIA
Section 1409 authorizes the Secretary of State to withhold
funds related to reimbursement of costs associated with
damage to the United States Embassy in Belgrade resulting
from the February 21, 2008, attack.
RESCISSIONS
Section 1410 rescinds prior year funds and makes them
available for a contribution to the World Food Program and
for programs in the INCLE account. The provision also
rescinds prior year funds from the Iraq Relief and
Reconstruction Fund.
DARFUR PEACEKEEPING
Section 1411 authorizes the President to utilize prior year
Foreign Military Financing Program and Peacekeeping
Operations funds for transfer or lease of helicopters or
related equipment necessary for operations of the AU/UN
hybrid peacekeeping mission in Darfur.
TIBET
Section 1412 provides up to $5,000,000 for the
establishment of a United States Consulate in Lhasa, Tibet,
under the headings ``Diplomatic and Consular Programs'' and
``Embassy Security, Construction and Maintenance'' in this
and prior Acts, and recommends certain actions regarding the
opening of such a consulate.
The Secretary of State is directed to submit a report to
the Committees on Appropriations not later than 90 days after
enactment of this Act detailing efforts taken by the
Department of State to establish a United States Consulate in
Lhasa, Tibet, and a description of any policies or programs
by the Government of the People's Republic of China aimed at
undermining public support for Tibet including in the media,
academia, and political arenas.
JORDAN
(INCLUDING RESCISSION OF FUNDS)
Section 1413 provides $58,000,000 for assistance for
Jordan, which is offset by a rescission of an equal amount
from the Millennium Challenge Corporation.
ALLOCATIONS
Section 1414 requires that funds in the specified accounts
shall be allocated as indicated in the respective tables in
this explanatory statement. Any change to these allocations
shall be subject to the regular notification procedures of
the Committees on Appropriations.
REPROGRAMMING AUTHORITY
Section 1415 allows for reprogramming of funds made
available in prior years 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
Section 1416 requires the Secretary of State to provide
detailed spending plans to the Committees on Appropriations
on the uses of funds appropriated in subchapters A and B.
These funds are also subject to the regular notification
procedures of the Committees on Appropriations.
TERMS AND CONDITIONS
Section 1417 establishes that unless designated otherwise
in this chapter, the terms and conditions contained within
the Department of State, Foreign Operations and Related
Programs Appropriations Act, 2008 (Public Law 110-161) shall
apply to funds appropriated by this chapter, with the
exception of section 699K.
TITLE II--DOMESTIC MATTERS
CHAPTER 1--FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
The amended bill provides an additional $150,000,000 for
Food and Drug Administration, Salaries and Expenses,
available until September 30, 2009. FDA is directed to
provide the Committees on Appropriations monthly expenditures
reports on the use of these funds.
CHAPTER 2--COMMERCE, JUSTICE, AND SCIENCE
DEPARTMENT OF COMMERCE
Bureau of the Census
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The amended bill includes $210,000,000 for increased costs
associated with the poor management of the 2010 Decennial
Census. Within the funds provided, not less than $50,300,000
shall be used to restore funding associated with the approved
March 26, 2008 reprogramming within the Bureau of the Census.
Funds transferred pursuant to the reprogramming to address
immediate shortfalls within the Field Data Collection
Automation contract from the American Community Survey,
Census Coverage Measurement activities, and other Census
activities may result in increased risk and other unintended
consequences to other parts of the Census. The $50,300,000
shall be available solely to complete previously planned
activities and address vacancies in the aforementioned areas
in order to reduce risk and ensure a successful 2010
Decennial Census.
The Census Bureau shall submit to the Committees on
Appropriations of the Senate and the House of
Representatives, within 30 days of enactment of this Act, a
detailed plan showing a timeline of milestones and
expenditures for the 2010 Decennial Census, and shall include
a quantitative assessment of the associated risk to the
program as it is currently constituted. In addition, the
Inspector General shall submit quarterly reports to the
Committees on Appropriations, until the conclusion of the
2010 Decennial Census, detailing the progress of the revised
plan for the execution of the 2010 Decennial Census and any
unanticipated slippages from the revised 2010 milestones, as
well as reassessing the associated risk to the program. The
Census Bureau is directed to provide the Inspector General
with any required information so that the quarterly reports
can begin 60 days after submission of the plan.
Because rising costs associated with the 2010 Decennial
Census and the Department's and the Bureau's lack of contract
oversight are cause for particular concern, the bill includes
not less than $3,000,000 for the Department's Office of the
Inspector General for Census contract oversight activities
and not less than $1,000,000 solely for a reimbursable
agreement with the Defense Contract Management Agency to
review and improve Census contract management.
DEPARTMENT OF JUSTICE
Federal Prison System
SALARIES AND EXPENSES
The amended bill includes $178,000,000 for additional costs
of the Bureau of Prisons (BOP) related to the custody and
care of inmates and the maintenance and operation of
correctional and penal institutions. The BOP has been
chronically underfunded in recent budget requests, due to
consistently underestimated growth in inmate populations and
inadequate funding requests for medical expenses. As a
result, BOP facilities face rising staff-to-inmate ratios,
placing corrections officers and inmates at unacceptable risk
of violence. The amended bill includes funding for FCI
Pollock activation costs and for inmate drug abuse treatment
required by law. The Administration is urged to re-estimate
BOP fixed costs and prisoner population for fiscal year 2009
and to provide the House and Senate Committees on
Appropriations with those estimates no later than August 1,
2008. Further, the BOP is directed to notify the Committees
of current staff-to-inmate ratios at all Federal prisons on a
monthly basis.
OTHER AGENCIES
National Aeronautics and Space Administration
SCIENCE, AERONAUTICS AND EXPLORATION
The amended bill includes $62,500,000 for Science,
Aeronautics and Exploration.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
The amended bill includes $22,500,000 for Research and
Related Activities, of which $5,000,000 shall be available
solely for activities authorized by section 7002(b)(2)(A)(iv)
of Public Law 110-69.
EDUCATION AND HUMAN RESOURCES
The amended bill includes $40,000,000 for Education and
Related Activities of which $20,000,000 is for section 10 of
the National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n-1) and $20,000,000, is for activities authorized
by section 10A of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-1a).
CHAPTER 3--ENERGY
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Science
The amended bill includes an additional $62,500,000 for
Science. The Department of Energy is instructed to utilize
this funding to eliminate all furloughs and reductions in
force which are a direct result of budgetary constraints.
Workforce reductions which are a result of completed work or
realignment of mission should proceed as planned. This
funding is intended to maintain technical expertise and
capability at the Office of Science, and may be used for
National Laboratory Research and Development including
research related to new neutrino initiatives.
[[Page H5682]]
Funding for research efforts shall not be allocated until the
Office of Science has fully funded all personnel
requirements.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The amended bill includes an additional $62,500,000 for
Defense Environmental Cleanup.
CHAPTER 4--LABOR AND HEALTH AND HUMAN SERVICES
DEPARTMENT OF LABOR
Employment and Training Administration
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
The amended bill provides $110,000,000 for Unemployment
Compensation State Operations to compensate the States for
the administrative costs of processing the Unemployment
Insurance (UI) claims workload for the balance of fiscal year
2008. New UI claims are increasing, reaching a level in April
2008 nearly 18 percent greater than the previous year. States
are beginning to experience service degradation in the form
of call center delays for claimants, waiting times for
adjudication of disputed claims, and reductions in program
integrity activities, tax collection, and tax audits. While
funding in the Consolidated Appropriations Act, 2008 is
sufficient to cover the costs of processing 2.4 million
Average Weekly Insured Unemployment (AWIU), claims have
already climbed above 2.9 million AWIU. The amount provided
will compensate States for the claims workload estimated by
the Department of Labor up to the point where additional
funds are released under a legislated trigger.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $150,000,000 in additional
funding for the National Institutes of Health to support
additional scientific research. This funding is to be
distributed on a pro-rata basis across the NIH institutes and
centers.
CHAPTER 5--LEGISLATIVE BRANCH
HOUSE OF REPRESENTATIVES
Payment to Widows and Heirs of Deceased Members of Congress
The amended bill provides the customary death gratuity to
Annette Lantos, widow of Tom Lantos, late a Representative
from the State of California.
TITLE III--NATURAL DISASTER RELIEF AND RECOVERY
CHAPTER 1--AGRICULTURE
DEPARTMENT OF AGRICULTURE
Farm Service Agency
EMERGENCY CONSERVATION PROGRAM
The amended bill provides $89,413,000 for the Emergency
Conservation Program for disaster relief. The recent Midwest
floods and tornadoes have added to disaster relief funding
needs. Therefore, these funds are provided to meet these and
other disaster relief funding needs.
Natural Resources Conservation Service
EMERGENCY WATERSHED PROTECTION PROGRAM
The amended bill provides $390,464,000 for the Emergency
Watershed Protection Program for disaster relief. The recent
Midwest floods and tornadoes have added to disaster relief
funding needs. Therefore, these funds are provided to meet
these and other disaster relief funding needs.
CHAPTER 2--COMMERCE
DEPARTMENT OF COMMERCE
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The amended bill provides $100,000,000 for economic
development assistance in Presidentially-declared disaster
areas to provide disaster relief, long-term recovery and
restoration of infrastructure.
CHAPTER 3--CORPS OF ENGINEERS
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
Public Law 109-148, the 3rd emergency supplemental
appropriations act of 2006, Public Law 109-234, the 4th
emergency supplemental appropriations act of 2006, and Public
Law 110-28, the emergency supplemental appropriations act of
2007, provided funds to repair and restore hurricane damaged
projects, accelerate completion of New Orleans area flood and
storm damage reduction projects, and provide 100-year storm
protection for the greater New Orleans area. The scope and
magnitude of the work required has increased with time. The
current cost estimate requires $5,761,000,000 in additional
Federal funds and a non-Federal cost-share of $1,527,000,000.
The Administration requested this funding under the
Construction account in the fiscal year 2009 budget. The
amended bill provides the full amount of the request as a
supplemental appropriation to ensure the existing schedule
for completion of 100-year protection for the greater New
Orleans area by 2011 is met. However, $2,926,000,000 is
provided under Flood Control and Coastal Emergencies in order
to provide continuity in appropriations for projects to
repair, restore, and accelerate completion of the levels of
protection authorized prior to Hurricane Katrina. None of the
funds recommended for this purpose shall be available until
October 1, 2008.
In addition, the amended bill provides $605,988,800 to
respond to recent natural disasters. The Corps shall
prioritize all projects to ensure that the most critical
health and safety risks are addressed.
CONSTRUCTION
The amended bill includes $2,896,700,000 for Construction.
Within the recommended funds, $1,077,000,000 is provided to
complete the 100-year storm protection for the Lake
Pontchartrain and Vicinity project; $920,000,000 is provided
to complete the 100-year storm protection for the West Bank
and Vicinity project; and $838,000,000 is provided for
elements of the Southeast Louisiana Urban Drainage project
that are within the geographic perimeter of the West Bank and
Vicinity projects and the Lake Pontchartrain and Vicinity
project.
The amended bill includes a provision which requires the
Lake Pontchartrain and Vicinity, West Bank and Vicinity and
Southeast Louisiana projects be cost shared 65 percent
Federal and 35 percent non-Federal as proposed by the
Administration with a resulting Federal cost of
$2,835,000,000 and a non-Federal cost of $1,527,000,000.
While the amended bill includes specific statutory dollar
amounts for the three projects, statutory language has been
included that would allow the Administration to request a
reprogramming of funds, if required. However, the Corps
should use this reprogramming ability sparingly.
Due to recent natural disasters, the Corps of Engineers has
identified a number of projects that are currently under
construction that have been damaged by storm and flood
events. The amended bill includes $61,700,000 for the Corps
to repair and rehabilitate these construction projects that
were affected by natural disasters.
MISSISSIPPI RIVER AND TRIBUTARIES
Due to recent natural disasters, the Corps of Engineers has
identified a number of Federally-maintained construction and
maintenance projects that have been damaged or otherwise
impacted by storm and flood events. The amended bill includes
$17,590,000 for the Corps to repair and rehabilitate these
projects that were affected by natural disasters.
OPERATION AND MAINTENANCE
Due to recent natural disasters, the Corps of Engineers has
identified a number of navigation and flood damage reduction
projects that have been impacted by storm and flood events.
The amended bill provides $298,344,000 for the Corps to
restore navigation channels and harbors to pre-storm
conditions; and to repair eligible flood damage reduction and
other projects in States affected by natural disasters.
FLOOD CONTROL AND COASTAL EMERGENCIES
The amended bill provides $3,152,854,800 for Flood Control
and Coastal Emergencies. The funding includes, at full
Federal expense, the following amounts: $704,000,000 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 for storm-proofing
interior pump stations to ensure the operability of the
stations during hurricanes, storms, and high water events;
$459,000,000 for armoring critical elements of the New
Orleans hurricane and storm damage reduction system;
$53,000,000 to improve protection at the Inner Harbor
Navigation Canal; $456,000,000 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 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 for repair and restoration of authorized
protections and floodwalls; and $359,000,000 to complete the
authorized protection for the Lake Pontchartrain and Vicinity
Project, for the West Bank and Vicinity Project and the New
Orleans to Venice Project. While the Committee has
recommended specific statutory dollar amounts for the
projects identified under this heading, statutory language
has been included that would allow the Administration to
request a reprogramming of funds, if required. However, the
Corps should use this reprogramming ability sparingly.
Due to recent natural disasters, the Corps of Engineers has
identified a number of projects that have been damaged by
storm and flood events. The amended bill includes
$226,854,800 for the Corps to prepare for flood, hurricane
and other natural disasters and support emergency operations,
repairs, and other activities in response to flood and
hurricane emergencies, as authorized by law; to repair and
rehabilitate eligible projects that were affected by natural
disasters; and to fund claims processing and discovery costs
associated with Hurricane Katrina lawsuits.
The amended bill includes a provision directing the Corps
to continue the NEPA alternative evaluation of all options
for permanent pumping of storm water in the New Orleans
metropolitan area with particular attention to Options 1, 2
and 2a and within 90 days of enactment of this Act provide
the House and Senate Appropriation Committees cost estimates
to implement Options 1, 2 and 2a of the above cited report.
Current plans do not fully account for the operational
challenges that arise during major storm events
[[Page H5683]]
and are not, therefore, fully protective of public safety.
EXPENSES
The amended bill includes $1,500,000 for additional
oversight and management costs associated with Hurricane
Katrina recovery efforts.
CHAPTER 4--SMALL BUSINESS
Small Business Administration
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Based on early estimates of damages due to severe storms
and flooding in a number of states, the amended bill includes
$164,939,000 in loan subsidy for the costs of providing
direct loans for homeowners and business-owners so that they
can recover from the effects of these disasters. The amended
bill also includes a total of $101,814,000 for the
administrative costs for carrying out the loan program. These
funds will provide for the on site presence of Small Business
Administration (SBA) employees to assist disaster victims in
obtaining low interest loans from the SBA. Funding will
support additional to staff in call centers, disaster
resource sites, and loan processing centers and for field
inspections to verify damages and losses of homes and
businesses. Funding is also necessary to hire additional
attorneys to carry out the loan closing process, as well as
staff to service the loans. Of this amount, $6,000,000 may be
transferred to the Salaries and Expenses account for indirect
administrative expenses and $1,000,000 is for the Office of
Inspector General for audits and reviews of disaster loans.
CHAPTER 5--FEMA DISASTER RELIEF
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
DISASTER RELIEF
The amended bill provides an additional $897,000,000 for
Disaster Relief. The recent Midwest floods and tornadoes have
added to disaster relief funding needs. The 1993 Midwest
floods cost FEMA over $1.1 billion fifteen years ago and the
current damage is likely to cost at least this amount, but in
inflated dollars. This funding is provided to meet these and
other disaster relief funding needs.
CHAPTER 6--HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Permanent Supportive Housing
The amended bill includes funding for Louisiana Permanent
Supportive Housing, in the amount of $73,000,000. This is a
new program, and the money is split between two accounts in
the bill--the Homeless Assistance Grants and the Project-
Based Rental Assistance programs. This program will provide
funding for the 3,000 units of permanent supportive housing
that are envisioned in the HUD-approved Louisiana Road Home
Program. This will enable the promise of the Road Home
Program to address the housing needs of our most vulnerable
citizens, in particular extremely low-income homeless,
disabled and frail elderly persons, to be fulfilled. Of the
$73,000,000 provided, $20,000,000 will fund 2,000 project-
based vouchers (funded for 1-year terms) with $3,000,000 in
administrative fees, and $50,000,000 will fund 1,000 Shelter
Plus Care units (funded for five-year terms). These are the
ideal and proven housing programs for creating permanent
supportive housing for the populations in question. The
program funds are provided to the State of Louisiana or its
designee or designees, and language is included stating that
the administering entity or entities can act as a public
housing agency for purposes of administering the funding.
Community Planning and Development
Community Development Fund
The amended bill provides $300,000,000 for the Community
Development Fund for necessary expenses related to disaster
relief, long-term recovery, and restoration of infrastructure
in areas for which the President declared a major disaster.
TITLE IV--EMERGENCY UNEMPLOYMENT COMPENSATION
The amended bill includes language providing a temporary
extension of unemployment benefits to workers who have lost
their jobs. Specifically, the amended bill provides up to 13
weeks of extended unemployment benefits in every State to
workers exhausting regular unemployment compensation. The
extended benefits program will terminate on March 31, 2009.
The percentage of workers exhausting unemployment benefits is
currently 37 percent, which is higher than at the beginning
of any of the past five recessions. Not only will workers and
their families benefit from extended benefits, providing this
financial assistance also can reduce the severity and
duration of an economic downturn. Experts agree that
extending unemployment benefits is one of the most cost-
effective and fast acting forms of economic stimulus because
workers who have lost their paychecks have little choice but
to spend these benefits quickly.
TITLE V--VETERANS EDUCATIONAL ASSISTANCE
Title V of the amended bill includes provisions designed to
expand the educational benefits for men and women who have
served in the armed forces since the terrorist attacks of
September 11, 2001. The provisions will closely resemble the
educational benefits provided to veterans returning from
World War II.
The benefits included in title V would apply to all members
of the military who have served on active duty, including
activated reservists and National Guard. To qualify, veterans
must have served at least three months of qualified active
duty, beginning on or after September 11, 2001. The amended
bill provides for benefits to be paid in amounts linked to
the amount of active duty service.
In addition to tuition and other established charges, the
benefit includes a monthly stipend for housing costs as well
as tutorial assistance and licensure and certification tests.
The amended bill would create a new program in which the
government will agree to match, dollar for dollar, any
voluntary additional contributions to veterans from
institutions whose tuition is more expensive than the maximum
educational assistance provided in the amended bill.
In addition, title V allows for members of the armed
services to transfer their benefits to their spouse or
children.
Finally, the amended bill provides for the veterans to have
up to fifteen years after they leave active duty to use their
educational assistance entitlement. Veterans would be barred
from receiving concurrent assistance from this program and
another similar program.
TITLE VI--ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT CONTRACTING
CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE
Chapter 1 of title VI is identical to the language of H.R.
5712, ``Close the Contractor Fraud Loophole Act,'' passed by
the House on April 23, 2008. It closes a loophole in a
proposed rule so that mandatory fraud reporting requirements
would apply to U.S. contractors working overseas as well as
to contractors working here at home.
CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY
Chapter 2 of title VI is identical to the language of H.R.
3928, ``Government Funding Transparency Act of 2007,'' passed
by the House on April 23, 2008. It requires any company or
organization receiving at least $25 million and 80 percent or
more of their revenue from federal payments to disclose the
compensation of their most highly-compensated officers.
TITLE VII--MEDICAID PROVISIONS
Title VII of the amended bill includes language extending
the current moratorium to April 2009 on four Medicaid
regulations pertaining to: graduate medical education
payments; limits on payments to government safety net
providers; rehabilitation services; and school-based
administrative and specialized medical transportation
services for children. The amended bill also establishes a
moratorium for the same period for two Medicaid regulations
pertaining to: health care provider taxes and targeted case
management. The cost of the moratoria is fully offset over
five and ten years in the amended bill by provisions that
extend an asset verification demonstration to all fifty
States and reduce balances in the Physician Assistance and
Quality Initiative Fund. These six moratoria are identical to
those included in H.R. 5613, which was approved by the House
by a 349-62 vote.
The moratorium on these six regulations is included in the
amended bill due to concerns about their potential negative
impact on essential medical services for millions of people,
particularly for seniors, people with disabilities, and
children, and on the providers of these safety net services.
These regulations also would have a far-reaching impact on
graduate medical education, outreach and supportive services
designed to help individuals get the medical care they need,
and foster care services.
According to the Congressional Budget Office (CBO), these
regulatory changes would reduce Federal Medicaid spending by
more than $17,500,000,000 over the next five years, shifting
these costs to States and localities. These cuts would occur
during an economic downturn when States and localities are
least able to restore services. Further, the authorizing
committees indicate that many of these regulations alter
longstanding Medicaid policy without specific Congressional
authorization.
Additional time is required to examine the potential impact
of these regulations. Accordingly, the amended bill includes
$5,000,000 for a study to be completed no later than
September 2009 by an independent entity to assess the
prevalence of the problems in the Medicaid program the
regulations were intended to address and their impact on each
State. The amended bill also includes $25,000,000 for the
purpose of reducing fraud and abuse in the Medicaid program.
TITLE VIII--GENERAL PROVISIONS, THIS ACT
The amended bill includes the following general provisions:
Section 8001 establishes the period of availability for
obligation for appropriations provided in this Act.
Section 8002 provides that, unless otherwise noted, all
appropriations in this Act are designated as emergency
requirements and necessary to meet emergency needs pursuant
to section 204(a) of S. Con. Res. 21 and section 301(b)(2) of
S. Con. Res. 70, the congressional budget resolutions for
fiscal years 2008 and 2009.
Section 8003 provides for a reduction of $3,577,845,000
from the Procurement; Research, Development, Test and
Evaluation;
[[Page H5684]]
and Defense Working Capital headings within chapter 1 of
title IX of this Act. The section also provides that the
reduction shall be applied proportionally to each
appropriation account under such headings, and to each
program, project, and activity within each such appropriation
account.
Section 8004 amends section 9310 of this Act, which
prohibits the obligation or expenditure of funds available to
the Department of Defense to implement any final action on
joint basing initiatives. The amendment excepts funds
deposited in the Department of Defense Base Closure Account
2005 from this restriction.
Section 8005 makes funds provided in Public Law 110-28,
which remain available for obligation, within the operation
and maintenance portion of the Defense Health Program for
Post Traumatic Stress Disorder and Traumatic Brain Injury
(TBI) available for psychological health and traumatic brain
injury.
Section 8006 provides that this Act may be referred to as
the ``Supplemental Appropriations Act, 2008''.
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Earmark Disclosure Statement for the Further House Amendment
Relating to Supplemental Appropriations for
Fiscal Years 2008 and 2009
Neither the House amendment nor the explanatory statement
contain any congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9 of rule XXI of
the Rules of the House of Representatives. However, the
following tables are submitted disclosing those earmarks
included at the request of the Administration:
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FY 2008/09 SUPPLEMENTAL APPROPRIATIONS--SUMMARY
[$ in millions; discretionary BA]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal Year 2008 Fiscal Year 2009
---------------------------------------------------------------------------------------------------------------------------------
Agency and Account House Round2 +/- House Round2 +/-
President House Senate Round2 Request President House Senate Round2 Request
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Title I--Military Construction, Veterans, International Affairs, and Other Security-Related Matters
Food Aid (PL 480)............................................. 350 850 850 850 500 395 395 395 395 0
Justice Department............................................ 147 147 230 188 42 39 83 83 83 44
Military Construction......................................... 2,439 4,642 3,443 4,245 1,807 ........... ........... ........... ........... ...........
Veterans Affairs.............................................. ........... 120 557 516 516 ........... ........... ........... ........... ...........
Dept. of State & Foreign Ops.................................. 5,074 5,074 5,255 5,164 91 3,605 3,600 3,419 3,680 75
---------------------------------------------------------------------------------------------------------------------------------
Total, Title I............................................ 7,959 10,832 10,335 10,964 3,005 4,039 4,078 3,897 4,157 118
Title II--Domestic Matters
Food & Drug Administration.................................... ........... ........... 275 150 150 ........... ........... ........... ........... ...........
Census........................................................ ........... 210 210 210 210 ........... ........... ........... ........... ...........
Bureau of Prisons............................................. ........... 178 178 178 178 ........... ........... ........... ........... ...........
Other Department of Justice................................... ........... ........... 640 ........... ........... ........... ........... ........... ........... ...........
NSA & NSF..................................................... ........... ........... 400 125 125 ........... ........... ........... ........... ...........
Department of Energy.......................................... ........... ........... 400 125 125 ........... ........... ........... ........... ...........
Secure Rural Schools.......................................... ........... ........... 400 ........... ........... ........... ........... ........... ........... ...........
Unemployment Comp admin....................................... ........... 110 110 110 110 ........... ........... ........... ........... ...........
CDC & NIH..................................................... ........... ........... 426 150 150 ........... ........... ........... ........... ...........
LIHEAP........................................................ ........... ........... 1000 ........... ........... ........... ........... ........... ........... ...........
Other......................................................... ........... ........... 11 ........... ........... ........... ........... ........... ........... ...........
Science (included in above)................................... ........... ........... 1,200 400 400 ........... ........... ........... ........... ...........
---------------------------------------------------------------------------------------------------------------------------------
Total, Title II........................................... 0 498 4,050 1,048 1,048 ........... ........... ........... ........... ...........
Title III--Midwest Floods & Tornadoes, Hurricane Katrina and Other Natural Disasters
Agriculture................................................... ........... ........... 180 480 ........... ........... ........... ........... ........... ...........
Commerce (EDA & NOAA)......................................... ........... ........... 150 ........... ........... ........... ........... ........... ........... ...........
Law Enforcement Assist........................................ ........... ........... 75 ........... ........... ........... ........... ........... ........... ...........
Corps of Engineers............................................ ........... ........... 519 606 ........... 5,761 5,761 8,241 5,761 0
SBA Disaster Loans............................................ ........... ........... ........... 267 ........... ........... ........... ........... ........... ...........
FEMA Disaster Relief.......................................... ........... ........... ........... 1,297 ........... ........... ........... ........... ........... ...........
Wildfires..................................................... ........... ........... 450 ........... ........... ........... ........... ........... ........... ...........
Hospital Grants............................................... ........... ........... 350 ........... ........... ........... ........... ........... ........... ...........
Emergency Relief Highways..................................... ........... ........... 451 ........... ........... ........... ........... ........... ........... ...........
HUD........................................................... ........... ........... -54 73 ........... ........... ........... ........... ........... ...........
Other......................................................... ........... ........... 35 ........... ........... ........... ........... ........... ........... ...........
---------------------------------------------------------------------------------------------------------------------------------
Total, Disasters.......................................... 0 0 2,156 2,723 2,723 5,761 5,761 8,241 5,761 0
TITLE IX--Defense Matters..................................... 100,054 96,622 99,506 99,506 -548 66,063 65,921 65,921 65,921 -142
Defense Reduction (sec. 8004)................................. ........... ........... ........... -3,578 -3,578 ........... ........... ........... ........... ...........
---------------------------------------------------------------------------------------------------------------------------------
Total, Appropriations Titles.............................. 108,013 107,952 116,046 110,663 2,650 75,863 75,760 78,059 75,839 -24
FY 2009 Bridge (FY 2009 excluding Corps of Engineers). ........... ........... ........... ........... ........... 70,102 69,999 69,818 70,078 -24
Veterans Education Assistance................................. ........... 40 40 50 50 ........... 676 677 746 746
Emergency Unemployment Comp................................... ........... 6,170 6,170 5,050 5,050 ........... 9,403 9,403 9,288 9,288
Medicaid & Other Health....................................... ........... 450 530 345 345 ........... 1,150 1,225 850 850
---------------------------------------------------------------------------------------------------------------------------------
Total (W/out Tax Surcharge)............................... 108,013 114,612 122,786 116,108 8,095 75,863 86,989 89,364 86,723 10,860
Tax Surcharge................................................. ........... 0 ........... 0 ........... ........... 3,986 ........... 0 ...........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2008/09 SUPPLEMENTAL APPROPRIATIONS--MULTI-YEAR TOTALS
[$ in millions; discretionary BA]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Two Years (FY 2008 & FY 2009) Eleven Years (FY 2008-FY 2018)
---------------------------------------------------------------------------------------------------------------------------------------
Agency and Account House Round2 +/- House Round2 +/-
President House Senate Round2 Request President House Senate Round2 Request
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MilCon, Vets, Int'l, Other Security..................... 11,998 14,910 14,231 15,121 3,123 11,998 14,910 14,231 15,121 3,123
Domestic................................................ 0 498 4,050 1,048 1,048 0 498 4,050 1,048 1,048
Floods, Hurricanes, Other Disasters..................... 5,761 5,761 10,397 8,484 2,723 5,761 5,761 10,397 8,484 2,723
Defense................................................. 166,117 162,543 165,427 161,849 -4,268 166,117 162,543 165,427 161,849 -4,268
---------------------------------------------------------------------------------------------------------------------------------------
Subtotal, Appropriations............................ 183,876 183,712 194,105 186,502 2,626 183,876 183,712 194,105 186,502 2,626
Veterans Education Assistance........................... ........... 716 717 796 796 ........... 51,600 51,616 62,770 62,770
Emergency Unemployment Comp............................. ........... 15,573 15,573 14,338 14,338 ........... 11,137 11,137 9,962 9,962
Medicaid & Other Health................................. ........... 1,600 1,755 1,195 1,195 ........... -7 2,849 -7 -7
---------------------------------------------------------------------------------------------------------------------------------------
TOTAL (w/out tax surcharge)......................... 183,876 201,601 212,150 202,831 18,955 183,876 246,442 259,707 259,227 75,351
Tax Surcharge........................................... ........... 3,986 ........... 4,792 .............. ........... 52,286 ........... 62,835 ..............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Mr. SCALISE. Mr. Speaker, I rise today in support of H.R. 2642 and
strongly encourage my colleagues to vote in favor of this legislation.
I am pleased that the Democratic leadership has chosen to not delay
this bill any longer by hijacking it with tax increases. Our troops in
the field will now have the resources they need to be successful in the
war on terror.
In addition to providing our troops with critical and timely funding,
this bill also includes funding for the communities in southeast
Louisiana that were devastated by the flooding after Hurricane Katrina.
On August 29, 2005, the failure of the federal levees resulted in
over 1,400 deaths in my home State. Hundreds of thousands of
Louisianians lost their homes. Over 80,000 small businesses were
severely impacted. Of the 18 hospitals that served the area before
Hurricane Katrina, only 10 have re-opened and continue to struggle
financially. An estimated 217 square miles of coastal marshland were
transformed to open water, expediting the erosion of Louisiana's
coastal buffers that reduce the intensity of hurricanes before they
strike our towns and cities.
While much progress has been made, our State is still struggling to
recover from the Nation's worst natural disaster.
The legislation before us today not only helps to protect our troops
in the field, it also takes us one step closer to protecting the
citizens of south Louisiana from future flooding. This bill contains
essential funding for the Army Corps of Engineers to make progress in
completion of 100-year flood protection in South Louisiana. The bill
also includes essential language directing the Corps of Engineers to
provide an official cost estimate on the ``Pump to the River'' project,
which will direct flood waters to the Mississippi River rather than
Lake Ponchartrain, providing an important alternative method of flood
prevention for thousands of citizens.
While I support the vital flood protection funding provided for in
this bill, I am disappointed that the House leadership stripped
critical funding that was included in the Senate version to allow local
governments a longer payback period for their local cost share on
levees. It is also very unfortunate that funding was stripped out for
the hospitals in our area that are struggling financially to care for
the uninsured citizens of southeast Louisiana, many of whom went to the
State's Charity Hospital and the Federal Veteran's Administration
Hospital that were closed down due to damage from Hurricane Katrina.
The Senate added a 30-year payback provision on the local cost-share
for the Federal levees. This 30-year payback provision is critical to
the recovery of south Louisiana. The levees that failed our city and
our region were Federal levees. If our local governments are required
to pay the 35 percent cost-share up front, it will likely prevent them
from being able to move these critical flood protection projects
forward. In addition, our State will likely be prevented from
initiating any new coastal restoration efforts which would prevent
hurricane protection efforts outside the greater New Orleans area.
Similarly, if the hospitals in our area are not provided immediate
assistance, the stability of
[[Page H5700]]
our entire health care infrastructure could be jeopardized. These
hospitals are currently caring for patients that before Hurricane
Katrina were receiving care at the government-funded, State-run Charity
Hospital and the Federal VA Hospital. Our local hospitals are incurring
hundreds of millions of dollars in losses and continue to provide 90
percent of health care services in the region. Without immediate
assistance, the sustainability of the entire health care system and a
major economic engine of the New Orleans region will be made extremely
vulnerable, which could hinder our recovery.
Critical law enforcement funding to combat the post-Katrina crime
wave was also cut in the House version of the bill. These funds would
have provided personnel, equipment and technology to apprehend
perpetrators of violent crimes. The safety of the citizens is crucial
to our rebuilding efforts.
I implore my colleagues to continue to support my efforts and the
efforts of the entire Louisiana delegation as we work to restore these
other important provisions that are not yet in the legislation. I
encourage support for this important bill.
Mr. MURTHA. Mr. Speaker, today we once again consider a supplemental
spending bill for our troops in both Iraq and Afghanistan.
The spending bill before us represents a compromise between both the
House and Senate. It provides funding to take care of our troops in the
field through the balance of fiscal year 2008, and through June 2009.
The funding in this bill closely follows our vision of ``looking beyond
the war in Iraq.''
For fiscal year 2008 this supplemental includes:
$825 million for National Guard and Reserve Equipment;
$1.6 billion for HMMWVs;
$3.1 billion for Medium and Heavy Tactical Trucks;
$102 million for Land Warrior equipment sets for next-to-deploy
units;
$1.2 billion for various Joint Unmet Operational Needs as identified
by the Department of Defense, but not included in the budget request;
$500 million for Army and Marine Corps Facility Maintenance and
Repairs (this includes barracks);
$300 million for Facility Maintenance and Repairs at DoD medical
treatment facilities;
$94.9 million for Wounded Warrior efforts;
$50 million for Family Advocacy Programs;
$570 million for treatment and research activities within the Defense
Health Program; and
$3.5 billion to address the increasing cost of fuel that was not
included in the budget request.
For fiscal year 2009 this supplemental includes:
$1.2 billion for military personnel and $51.9 billion for operation
and maintenance. This is sufficient funding to maintain all anticipated
military operations through June 2009;
$394.8 million for Bradley base sustainment;
$390.2 million for HMMWV recapitalization;
$1.1 billion for the Defense Health Program; and
$2.0 billion for the Joint Improvised Explosive Device Defeat Fund.
This is a good piece of legislation, and I'd ask my colleagues on
both sides of the aisle to vote for this bill.
Mr. BLUMENAUER. Mr. Speaker, as we take up the final war supplemental
of the Bush administration, the Bush legacy in Iraq is clear: a
President who misled America, needlessly put our troops in harm's way,
and threw billion of dollars of good money after bad.
Five years ago, I spoke out and voted against the invasion of lraq.
From that time I have opposed the open-ended funding and escalation of
this terrible conflict, while the President has committed us to a
growing military tragedy, foreign policy nightmare, and, increasingly,
humanitarian crisis. I continue to believe that the best way to honor
those whose lives have been lost in this tragic war is to end it
quickly and responsibly.
It is a constant source of frustration that Congress has been unable
to substantially curb our involvement in Iraq. Though this bellicose
President may be content to wage a war and then leave the aftermath to
his successor, Congress should know better. It is the men and women
from our districts--whose names and faces we know--that are wounded and
dying in Iraq. I cannot support the war funding amendment. It is
fundamentally flawed, providing no requirements for withdrawal.
However, I am pleased that the second amendment provides almost $700
million in refugee assistance. Iraq has claimed the lives of thousands
of Americans, and the Iraqi civilian death toll is several times that.
George Bush famously proclaimed he would be no ``nation-builder.'' This
has been sadly true for the 4.5 million Iraqis forced from their homes
since the U.S. invasion. Tomorrow, June 20, is World Refugee Day, and I
am pleased to see that this second amendment does more for Iraq's 2.5
million refugees and 2 million internally displaced persons.
I am also pleased that the amendment includes responsible domestic
items such as the significant expansion of ``GI Bill'' education
benefits, the protection of Medicaid from harmful cuts, an extension of
unemployment benefits, and funding for domestic disaster relief, all
necessary in our unsteady economy.
I am proud today to cast votes in support of our troops--by voting
against unconditional war funding and this President's reckless war,
and by voting for educational benefits and responsible international
and domestic priorities.
Mr. HALL of New York. Mr. Speaker, today, this body once again
considered legislation to provide funding for the ongoing military
efforts in Iraq and Afghanistan. In the final analysis, this was one
funding bill for two very distinct conflicts. In Afghanistan, the men
and women of our military continue to perform an important mission by
taking action against our enemies in the country that served as host to
the Al Qaeda organization that attacked the United States of America on
September 11th, 2001. The importance of the work they are doing with
complete skill, courage, and professionalism has only been underscored
by the recent resurgence of Taliban activity, which must be quelled. I
am fully supportive of them and their mission. I have voted to provide
funding solely for our military activities in Afghanistan, and would do
so again if such a bill were to come before the House.
However the funding measure before us today also included funding for
the war in Iraq without accompanying conditions on those funds or a
timeline for withdrawal of American forces. I remain opposed to the
President's mistaken war in Iraq, which has now claimed over 4,000
American lives, undermined our military and ability to respond to other
threats abroad, and cost hundreds of billions of dollars that could
have been used to meet pressing needs at home. The men and women in
uniform serving in Iraq have performed brilliantly and heroically. It
is time for the Iraqi government to take responsibility for Iraq and
for America to start bringing our troops home. I cannot support the
appropriation of additional funds without timelines that would begin to
wind down our military involvement in Iraq, and therefore could not
vote for that portion of the funding legislation considered by the
House tonight.
However, I am pleased that I was able to vote for a separate piece of
legislation tonight that addresses several important priorities here at
home. Specifically, I am pleased that we were able to consider
legislation to expand veterans educational benefits in order to honor
the service of our men and women in uniform and give them every
opportunity to succeed in life after they have served. Also included in
this bill was a desperately needed extension of unemployment benefits
that will help struggling middle class families weather the current
economic storm. In addition, the piece of legislation that I was able
to vote for this evening included a moratorium on six of the seven
Medicaid regulations the Bush administration has unwisely decided to
implement recently, I would have greatly preferred if the legislation
prevented all seven regulations from coming into effect. Outpatient
Graduate Medical Education is a vital component of medical education,
and by disallowing Medicaid funding for it, this regulation will cost
New York State as much as $300 million per year. On multiple occasions,
both the House and Senate have passed a moratorium on all seven of
these regulations overwhelmingly. I don't understand why we have
decided to allow these unwise cuts to graduate medical education to
continue now, when the votes exist to prevent it. However, I will
continue to push for this final moratorium to be implemented and for
this unwise rule to be overturned.
Mr. HONDA. Mr. Speaker, I rise today to express my thoughts on the
two pieces of the $183.9 billion emergency supplemental appropriations
bill that the House is considering today.
Last year, I joined nearly ninety of my colleagues in the House in
sending a letter to President Bush pledging that I will only support
appropriating additional funds for U.S. military operations in Iraq
during Fiscal Year 2008 and beyond for the protection and safe
redeployment of our troops out of Iraq.
The supplemental bill the House will vote on tonight does not include
a number of important policy provisions regarding the war originally
included in the bill that was sent to the Senate. These important
provisions called for the responsible redeployment of U.S. troops from
Iraq and required that troops begin to withdraw from Iraq within 30
days of the proposal becoming law, with a goal of completing withdrawal
by December 2009.
I am disappointed that the supplemental bill we are considering today
does not include these provisions, and instead provides $162 billion
more for this disastrous war, without conditions.
I have heard and read the frustrated thoughts of many of my
constituents who are simply tired of President Bush's war. They
understand that we have spent an inordinate
[[Page H5701]]
sum of tax dollars fighting a war that should have never been waged.
They understand that our economy is suffering as a result of our
resources being poured into this war. Tonight, I will vote against
continuing to fund this open-ended war.
However, Mr. Speaker, I remain in strong support of the second
amendment to this supplemental appropriations bill, which will fund
important domestic priorities. This domestic measure includes a new GI
bill to restore full, 4-year college scholarships to veterans of the
Iraq and Afghanistan wars to help make them part of an economic
recovery like the veterans of World War II. It also includes an
historic extension of unemployment insurance benefits and assistance to
disaster-stricken areas in the Midwest where unprecedented floods have
occurred. The number of Americans looking for work has grown by 800,000
over the last year, and the number of American jobs has declined by
260,000 since the beginning of 2008. Both of these measures are
beneficial to our country, extraordinarily meaningful to our veterans,
and will address the current economic struggle we face. As a
representative of Silicon Valley, the hub of high technology in
America, I am also happy that this amendment contains a modest amount
of funding to help partially address the budget shortfalls facing the
agencies that support our Nation's research and development efforts.
Mr. Speaker, I am disappointed that the amendment funding the war in
Iraq is without strings or conditions, but more than pleased to
prioritize our Nation's urgent priorities in the second amendment to
this appropriations bill. We must continue to invest in a positive
future for our country.
Mr. CONYERS. Mr. Speaker, I rise today to speak on H.R. 2642, the
most recent authorization bill placed before the Congress to fund the
continuing occupation of Iraq. Forged in the backrooms of the Capitol
by Washington politicians, this bill seeks to strike an uneasy
compromise. While it continues to fund overseas conflicts, the bill
also includes long-overdue aid for segments of the American public
desperate for help. Specifically, the bill provides $52 million for an
expanded G.I. Bill, extends unemployment benefits in states, like
Michigan, that have been hit the hardest by the current economic
downturn, and postpones seven Medicaid reimbursement rate cuts. I
support such aid, while rejecting the appropriation of an additional
$165 million in war funds. As a responsible legislator and a man of
peace, I urge my colleagues to understand that we can have guns or
butter, but not both.
Mr. Speaker, it's unfortunate that it has taken the consideration of
a war-funding bill to address these important domestic priorities. As
you know, up until recently, the Administration and the Republican
leadership have complained that the inclusion of this domestic funding
in a war supplemental smacks of fiscal irresponsibility. To them,
spending federal dollars to improve G.I. bill benefits for our battle-
weary veterans, to extend unemployment benefits for those left behind
by failed trickle-down economic policies, and to safeguard the
reimbursement amounts paid to doctors, who provide medical care to the
most vulnerable Americans, is spending that this country cannot afford.
Mr. Speaker, I have a message for this Administration and their
congressional allies: Bettering and strengthening the lives of the
American people is the purpose of this great institution. Such action
is not optional. It is our sworn duty. And if anyone has shown fiscal
recklessness, it has been this President. After 6 years of bloody war,
this Nation is $592 billion dollars poorer. It is the height of
callousness to say that we don't have enough money for our veterans,
the unemployed, or our Medicaid doctors; that it is they who are
expendable--even as the President burns through billions of taxpayer
dollars in Iraq.
I suppose that we shouldn't be surprised that this Administration is
willing to sacrifice the American people, while its allies at
Halliburton, ExxonMobil, and Blackwater continue to make record profits
off of this war. After all, this Administration ceased being
accountable to the American voter long ago. In a recent interview with
ABC News, the Vice President himself admitted as much. When asked
whether or not it was significant that two-thirds of the American
people now believe that the War in Iraq is no longer worth fighting,
Mr. Cheney responded, ``So?''
Mr. Speaker, the President and the Vice-President have forsaken their
duty to be responsive to the public. As such, we in the Congress must
step in and fill this void. Someone must give the American people a
voice, especially when Executive Branch officers act in ways contrary
to the public good.
Mr. Speaker, setting aside issues of education funding, job aid, and
other worthy public policy aims, this body must not ignore the one
undeniable reality that dominates everything that we will talk about
this day: As of today, we have been at war for 1865 days, with no end
in sight. If we approve this war funding, that number will likely climb
to over 2000 days. We as a Nation have endured 1865 days of civil war,
IEDS, ethnic cleansing, aid-worker beheadings, suicide bombings,
sweetheart no-bid contracts, rank government corruption, and solemn
vigils over flag draped coffins. Mr. Speaker, this war must end. The
American people and the Iraqi people have endured enough. I urge my
colleagues to vote against funding this war another day. Tomorrow, we
will have been at war for 1866 days. It will be 1866 days too many.
Mr. MITCHELL. Mr. Speaker, I rise today in support of H.R. 5740, the
Post 9/11 Veterans Education Assistance Act--bipartisan legislation
that honors our men and women in uniform and strengthens our military.
I am pleased that this bill was included as part of the emergency war
funding measure that the House is considering today because I believe
taking care of those who serve in war is a cost of war. America should
never fight wars without taking care of our own.
Since World War II, our Nation has offered education benefits to
returning GIs. The Servicemen's Readjustment Act of 1944, the first GI
Bill, which was passed unanimously by this House, paid for the tuition,
books, fees, training costs, and even a monthly stipend for our
returning veterans.
After World War II, nearly 8 million veterans, out of a wartime
veteran population of 15 million, used the original GI Bill to earn an
education. The economic return was unprecedented. For every dollar we
spent on the GI Bill, we generated seven more into our national
economy. Millions of newly educated veterans led our Nation in business
and innovation and created the American middle class. It's no wonder
the GI Bill of 1944 is regarded as one of the most successful pieces of
legislation to earn this House's approval in the 20th century.
Since that time, Congress has passed other GI bills, but over time,
the value of the education benefit has declined. The current Montgomery
GI Bill, for example, was designed for peacetime service, and is not
meeting the needs of our newest generation of veterans, many of whom
are returning from combat in Iraq and Afghanistan.
Our veterans--whether active duty, Reservists, or National
Guardsmen--deserve an education benefit that accounts for the stress of
war and keeps up with the rapidly increasing cost of a higher
education. That is why, with the backing of a broad, bipartisan
coalition, I introduced H.R. 5740, the Post-9/11 Veterans Educational
Assistance Act.
Under the legislation, GIs returning from Iraq or Afghanistan would
receive up to 4 academic years of education benefits, including
stipends for housing and books. They can even use their benefits at
private schools through the Yellow Ribbon G.I. Education Enhancement
Program, in which the Federal Government will match, dollar for dollar,
any voluntary additional contributions to veterans from institutions
whose tuition is more expensive than the maximum educational assistance
provided under this legislation.
Veterans would even have up to 15 years after they leave active duty
to use their education benefits.
When I was elected to this House, my constituents asked me to work in
a bipartisan way to find reasonable solutions to our common problems.
And I think we achieved that with this bill.
Working together with my Democratic and Republican colleagues, we
attracted more than two-thirds of the House as cosponsors. Ninety-five
Republicans, nearly half of the minority party's membership, lent their
support.
I am happy that House leadership was able to build on this support
and work with the President to come to a bipartisan agreement to
provide this robust educational benefit to our veterans.
I encourage the Senate to act quickly to pass this new GI Bill and
make good on our promise of a higher education.
Our veterans have fought for us. The least we can do is fight for
them.
Mr. UDALL of Colorado. Mr. Speaker, I will vote for these amendments
today. They provide necessary funding for our troops, create new
educational benefits for our veterans, and address domestic and global
needs.
The war funding will pay for operations in Afghanistan and Iraq for
the rest of this year and half of 2009. I support this because it will
make it possible to provide the equipment, ammunition, fuel, and other
supplies needed by our brave men and women serving in Iraq and
Afghanistan who have shown such extraordinary skill, determination and
endurance in answering their call to service.
I opposed the Bush Administration's rush to war in Iraq, and voted
against the resolution that authorized the President to send our armed
forces into that country on the theory that this was necessary in order
to deprive the Saddam Hussein regime of weapons of mass destruction.
So, I understand why some of my constituents who also opposed the war
want Congress to reject this funding measure.
And I could not agree more that the record of the current
Administration demonstrates an
[[Page H5702]]
enormous failure of leadership. We desperately need new leadership that
will bring to a close our open-ended military engagement in Iraq and
will refocus on the very urgent tasks of reducing the terrorist threats
in Afghanistan and Pakistan.
But I am convinced that voting to deny funds to provide our men and
women in uniform the resources they need to do their jobs is not the
right way to bring about the change we need--especially because
President Bush has shown he is prepared to veto funding for the troops
rather than agree to change course.
This bill also improves veterans' educational benefits to more
closely resemble the GI Bill of Rights that made it possible for so
many World War II veterans to go to college. The GI Bill of Rights
helped make possible the postwar growth of the middle class that was
one of the greatest achievements of the Greatest Generation. Some have
complained about the cost of providing similar benefits to those who
are serving today. But to put those costs into perspective, we should
remember that so far our spending for military activities in
Afghanistan and Iraq has exceeded $800 billion.
By all indications, this bill will not be vetoed. Compromises were
made on all sides to make it acceptable to the White House and the
leadership of both parties. Of course, compromise means that everyone
gives up something.
So there is good news: The bill addresses the needs of our soldiers
and provides enhanced educational benefits for our veterans--but also
extends unemployment benefits to help laid-off workers, provides relief
for the thousands of people flooded out of their homes in the Midwest,
and prevents the implementation of new rules that would increase the
cost of healthcare, among other provisions. But there also is bad news:
The bill does not include all the important policy provisions included
in the first version of this bill, among them a requirement that our
troops begin to redeploy from Iraq, a reminder to Iraq's government
that U.S. troops will not remain in Iraq indefinitely.
I'm disappointed that the bill gives the President most of what he
wants in Iraq spending without any significant policy constraints.
Congress has tried and failed to include such constraints in previous
spending bills, and here we have failed again. What we need is
consensus here at home on a path forward in Iraq, but as long as the
architect of our current Iraq policy occupies the White House, I'm
afraid that won't happen.
I hope that the next Administration will give serious consideration
to the recommendations of the Iraq Study Group as a framework for
consensus. Those recommendations would be accomplished by legislation I
introduced last year, which would support a course of escalating
economic development, empowerment of local government, the provision of
basic services, a ``surge'' in regional and international diplomatic
efforts, and lightening the American footprint in Iraq.
Mr. Speaker, I voted against war in Iraq because, as I said then, the
Bush Administration was rushing to war without necessary international
support or a clear plan to prevent the chaos that would follow after
Saddam Hussein was overthrown. I was concerned a prolonged conflict
would devolve into civil war. Since U.S. troops entered Iraq more than
5 years ago, we have lost thousands of our brave service men and women,
seen tens of thousands more wounded, and spent half a trillion dollars
in taxpayer money.
Yet the President's mission is no clearer, he has still offered no
exit strategy, our enemies in Afghanistan have regained their strength,
and our armed forces have been stretched to the breaking point.
Only Democrats and Republicans working together can find the path out
of Iraq. I will continue to work with colleagues on both sides of the
aisle on further steps we can take to change our broader Iraq policy.
But today, I will vote to provide funding for our troops in the field,
enhanced educational benefits for our veterans, and assistance for
Americans suffering through the current economic downturn and the high
costs of healthcare.
Mr. HOLT. Madam Speaker, I regret that the House is taking up a
supplemental funding measure for the war in Iraq without tying that
funding to a withdrawal requirement. I was in Iraq last month and had
the chance to speak at length with General Petraeus and Ambassador
Crocker about the situation in that country. There is no disputing that
our casualties are down, and that is due in no small part to General
Petraeus's revised military approach to the conflict. But the purpose
of the surge wasn't simply to reduce our casualties; it was to give the
Iraqis time to resolve their political differences via dialogue, not
car bombs. That has not happened, and there is no reason to believe it
will happen. Indeed, the only thing Iraq's warring factions seem to
agree on these days is that they oppose permanent U.S. bases in Iraq.
This no-strings-attached funding measure will only make matters worse,
which is why I cannot support it.
I am pleased to be able to support the new GI Bill. For the first
time in over 60 years, our returning veterans will have a truly robust
educational benefit waiting for them. We all know how successful the
original GI Bill was and how much it contributed to fueling our
country's economic and social progress it the decades after World War
II. We need to make that kind of investment in our people once again.
No one can dispute our veterans have earned it and no one can dispute
the long term benefits our society will reap from implementing a new GI
Bill. I look forward to seeing it become law.
This bill also provides a desperately needed 13-week extension of
unemployment benefits for people who are struggling to find work in
this tough economy. Since last year, the number of Americans seeking
employment has swelled by 800,000 while the economy has lost 260,000
jobs.
In addition, the legislation blocks the implementation of dangerous
Medicaid regulations that the Bush administration has issued which
would cut $20 billion from Medicaid. I oppose these regulations and
will continue to fight to protect the Medicaid program and the millions
of Americans who rely on it for access to health care services.
Finally, the $400 million in funding for science included in the bill
represents a downpayment in our continued effort to provide a robust
investment for science, research and development, and innovation. By
making a strong investment, we will support research that will help
contribute to the Nation's long term economic growth.
Mr. VAN HOLLEN. Mr. Speaker, this Emergency Supplemental bill
presents the House with two very distinct amendments--and two very
separate decisions.
The first amendment we are being asked to consider would provide
$165.4 billion for the ongoing wars in Iraq and Afghanistan. My
position on the war in Iraq is clear. I believe the decision to invade
Iraq was a mistake. And I simply cannot support giving this President a
blank check to further mishandle our involvement in Iraq. Because this
amendment does not include the conditions that were contained in the
bill that the House passed, I will be voting no on this portion of the
Supplemental today.
While I oppose this war, I have nothing but admiration and gratitude
for our fellow citizens who choose to serve this Nation in uniform. It
is in large measure because of my respect for their honorable service
that I will be proud to support the second amendment before us today.
A centerpiece of this second amendment is a GI Bill for the 21st
century. Just as a grateful Nation expanded opportunities for GIs
returning home from World War II over 60 years ago, so now must our
generation invest in our soldiers returning home from Iraq and
Afghanistan so that they can get a 4-year college education. We have an
obligation to invest in their future.
With the Nation's economy slowing, and our unemployment rate on the
rise, this second amendment also appropriately includes a 13-week
extension in unemployment benefits to sustain our fellow citizens and
their families as they continue to look for work.
I am particularly pleased that this amendment places a moratorium on
six Medicaid regulations that had threatened to cut needed services to
those who rely on them--and that we have moved quickly to provide over
$2.65 billion in disaster relief to assist in the recovery efforts
after the tornadoes and flooding in the Midwest.
Finally, we can be proud that this amendment invests $550 million in
critical scientific research to expand our medical knowledge, improve
our energy efficiency and enhance our global competitiveness--including
a $150 million investment in the National Institutes of Health (NIH),
$150 million for the Food and Drug Administration (FDA), $62.5 million
for the Department of Energy's Office of Science, $62.5 million for the
National Aeronautics and Space Administration (NASA) and $62.5 million
for the National Science Foundation (NSF).
For these reasons, this second amendment is exceptionally worthy of
our support,
Mr. FRELINGHUYSEN. Mr. Speaker, America expects that when the United
States sends our brave men and women into combat, we provide them with
the resources to protect themselves and to accomplish their mission.
Finally today--after much delay--this Congress appears to be on the
verge of providing our troops the funds they need to continue their
courageous efforts in the Iraq and Afghanistan--both humanitarian for
the Iraqi and Afghan people and military against those who would
promote terror and chaos.
There's no doubt that this proposal is a clear victory for our troops
and their families.
Thanks to the efforts of Mr. Obey and Mr. Murtha, Mr. Lewis and Mr.
Young, this package ensures that our young; warfighters--all volunteers
(Active, Guard and Reserve)--have the resources they need to protect
themselves and do the job they've been sent to do.
But the bill also supports the troops and their families by bringing
the Montgomery GI
[[Page H5703]]
Bill into the 21st Century. The legislation updates the GI Bill of
Rights to recognize today's higher costs of higher education. And it
also recognizes the new role of the Reserves and the National Guard--
3,200 from New Jersey will deploy this summer to Iraq with our 50th
Brigade Combat Team.
But Mr. Speaker, this measure also includes a new, permanent
provision that allows current soldiers, sailors, airmen and Marines to
transfer their educational benefits to a spouse or a child.
Mr. Speaker, this is a huge improvement. Too often our personnel and
forced to leave the military service they love in order to pay for
their children's college education. This bill allows experienced
Marines, soldiers, airmen and sailors to transfer their benefits to a
dependant without separating from the service.
This reform is good for the servicemember, good for the families and
good for the Army, Navy, Air Force and Marines.
My colleagues, the supplemental we vote on today is far from perfect.
However, it represents a clear victory for our troops and their
families.
Mr. RYAN of Wisconsin. Mr. Speaker, I congratulate Chairman Obey,
Leader Boehner, and Mr. Lewis for bringing a bill to the floor that
provides funding for our troops without restrictions on our commanders.
My hometown is under water, and I am glad this bill provides funding
to address flooding and to help the victims whose lives have been
turned upside down by this flood.
Likewise I am glad that this bill provides assistance to those facing
unemployment since one of the largest employers in my district--GM--
recently announced it is closing a production facility.
However, this bill is part of a very disturbing trend in how we
budget and legislate--Omnibus appropriation bills. We are now resorting
to two omnibus appropriations bills a year. We need to find a way to
budget for emergencies, but my problem with this bill is not with the
unemployment extension funding or the flood funding. These are
temporary costs that have been included in emergency supplementals in
the past.
My concern is with the permanent expansion in an entitlement program
that we are adding to an emergency supplemental appropriations bill.
Mandatory spending doesn't belong on an appropriations bill because
mandatory spending is forever.
An expansion in GI benefits is a good idea. However, we have an
increasingly bad habit of just adding spending on top of the $3
trillion we are currently spending annually. I congratulate the Blue
Dogs for initially objecting to the fact that the GI benefits in this
bill were not offset. I don't support their remedy--which is to raise
taxes--but if we are going to expand entitlements, we need to find
offsets. In fact, we cannot afford the entitlements we have, much less
an expansion in them.
We are going to spend over $30 trillion in the next ten years; surely
we could have found $63 billion in offsets. But we didn't even try. In
fact, the cost of the GI benefits has grown in this final bill.
We just kick the can down the road. The problem is that our children
and grandchildren will live at the end of the road and all we are doing
is leaving them with a mountain of debt.
PAYGO does not exist. It is waived every time we have to make a
choice. We are sent here to make decisions--to make choices--to govern.
Like the floods, this bill takes the path of least resistance; it
passes the buck--and the debt to future generations.
We shouldn't budget or legislate this way, but I'm going to vote for
this bill because it funds the troops and provides one-time emergency
funding for unemployment assistance and floods.
Mr. ETHERIDGE. Mr. Speaker, I rise in support of this legislation to
provide emergency supplemental appropriations for Fiscal Year 2008.
This legislation contains funding for our troops, expands education
benefits for veterans, extends unemployment benefits for workers and
provides assistance for the victims of the floods in the MidWest.
This bill contains $161.8 billion for DOD funding for our troops to
fight the wars in Iraq and Afghanistan. As the representative of Fort
Bragg and Pope Air Force Base, I'm pleased that this bill provides $2.2
billion over the President's request to fully fund military quality of
life initiatives--including funding for military child care centers,
military hospitals and VA hospitals. For our returning troops, it
includes a new GI bill that restores full, 4-year college scholarships
to veterans of the Iraq and Afghanistan wars to help make them part of
an economic recovery like the veterans of World War II. This
legislation also provides up to 13 weeks of extended unemployment
benefits in every state to workers exhausting the 26 weeks of regular
unemployment benefits, and provides $2.65 billion for urgent disaster
relief in response to Midwestern floods and tornadoes.
I will continue to work with my colleagues in Congress as well as the
President and the Administration, to provide a new direction in Iraq
and to meet the critical needs of the people of North Carolina's Second
Congressional District.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 1284, the previous question is ordered.
Pursuant to that resolution, the Chair will divide the question for
voting between the proposed dispositions of the two Senate amendments.
The Clerk will designate the first proposed disposition.
The Clerk read as follows:
Proposal that the House concur in the Senate amendment to
House amendment No. 1.
The SPEAKER pro tempore. The question is, Will the House
concur in the Senate amendment to House amendment No. 1?
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. OBEY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote will be followed by 5-minute votes on
concurring in the Senate amendment to House amendment No. 2 with an
amendment, if ordered, and suspending the rules and adopting House
Resolution 1029.
The vote was taken by electronic device, and there were--yeas 268,
nays 155, not voting 12, as follows:
[Roll No. 431]
YEAS--268
Aderholt
Akin
Alexander
Altmire
Bachmann
Baird
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (TX)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Cantor
Capito
Carney
Carter
Castle
Cazayoux
Chabot
Chandler
Childers
Clyburn
Coble
Cole (OK)
Conaway
Cooper
Costa
Cramer
Crenshaw
Cubin
Cuellar
Culberson
Davis (AL)
Davis (CA)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Donnelly
Doolittle
Drake
Dreier
Edwards (TX)
Ehlers
Ellsworth
Emanuel
Emerson
English (PA)
Etheridge
Everett
Fallin
Feeney
Ferguson
Forbes
Fortenberry
Fossella
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Gene
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hill
Hinojosa
Hobson
Hoekstra
Holden
Hoyer
Hunter
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Kanjorski
Keller
Kildee
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Lampson
Larsen (WA)
Latham
LaTourette
Latta
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Mahoney (FL)
Manzullo
Marchant
Marshall
Matheson
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Mollohan
Moore (KS)
Moran (KS)
Murphy, Tim
Murtha
Musgrave
Myrick
Neugebauer
Ortiz
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Salazar
Sali
Saxton
Scalise
Schmidt
Schwartz
Scott (GA)
Sensenbrenner
Sessions
Sestak
Shadegg
Shays
Shimkus
Shuler
Shuster
Simpson
Skelton
Smith (NE)
Smith (NJ)
Smith (TX)
Snyder
Souder
Space
Spratt
Stearns
Tancredo
Tanner
Taylor
Terry
Thornberry
Tiberi
Turner
Udall (CO)
Upton
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NAYS--155
Abercrombie
Ackerman
Allen
Andrews
Arcuri
Baca
Baldwin
Becerra
Bishop (NY)
[[Page H5704]]
Blumenauer
Boswell
Brady (PA)
Braley (IA)
Butterfield
Campbell (CA)
Capps
Capuano
Cardoza
Carnahan
Carson
Castor
Clarke
Clay
Cleaver
Cohen
Conyers
Costello
Courtney
Crowley
Cummings
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dingell
Doggett
Doyle
Duncan
Edwards (MD)
Ellison
Engel
Eshoo
Fattah
Filner
Flake
Frank (MA)
Green, Al
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Higgins
Hinchey
Hirono
Hodes
Holt
Honda
Hooley
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (OH)
Kagen
Kaptur
Kennedy
Kilpatrick
Klein (FL)
Kucinich
Langevin
Larson (CT)
Lee
Lewis (GA)
Loebsack
Lofgren, Zoe
Lowey
Lynch
Maloney (NY)
Markey
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McNerney
McNulty
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Price (NC)
Rahall
Rangel
Richardson
Rothman
Roybal-Allard
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Scott (VA)
Serrano
Shea-Porter
Sherman
Sires
Slaughter
Smith (WA)
Solis
Speier
Stupak
Sutton
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (NM)
Van Hollen
Velazquez
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Woolsey
Wu
Yarmuth
NOT VOTING--12
Bachus
Cannon
Farr
Gilchrest
Hulshof
Nunes
Perlmutter
Rush
Stark
Sullivan
Tiahrt
Visclosky
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). The Chair notes a
disturbance in the gallery in contravention of the law and the rules of
the House.
The Sergeant at Arms will remove those persons responsible for the
disturbance and restore order to the gallery.
{time} 2004
Mrs. NAPOLITANO and Ms. ROYBAL-ALLARD and Messrs. ELLISON, ROTHMAN,
MURPHY of Connecticut, ACKERMAN, BACA and COHEN changed their vote from
``yea'' to ``nay.''
Mr. BAIRD and Mrs. CUBIN changed their vote from ``nay'' to ``yea.''
So the Senate amendment to House amendment No. 1 was concurred in.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. SULLIVAN. Mr. Speaker, on rollcall No. 431 I was unable to record
my vote. I intended to vote ``yea'' on that question. I ask that this
statement appear in the Record adjacent to rollcall No. 431.
Mr. NUNES. Mr. Speaker, on rollcall No. 431, I was unavoidably
detained. Had I been present, I would have voted ``yea.''
Mr. PERLMUTTER. Mr. Speaker, on rollcall No. 431, I missed this vote.
Had I been present, on this amendment I would have voted ``no.''
The SPEAKER pro tempore. The Clerk will designate the second proposed
disposition.
The Clerk read as follows:
Proposal that the House concur in the Senate amendment to House
amendment No. 2 with an amendment.
The SPEAKER pro tempore. The question is, Will the House concur in
the Senate amendment to House amendment No. 2 with an amendment?
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. OBEY. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 416,
noes 12, not voting 7, as follows:
[Roll No. 432]
AYES--416
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Fortenberry
Fossella
Foster
Foxx
Frank (MA)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Ruppersberger
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Space
Speier
Spratt
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOES--12
Brady (TX)
Campbell (CA)
Cooper
DeFazio
Duncan
Flake
Franks (AZ)
Paul
Royce
Sensenbrenner
Smith (WA)
Weldon (FL)
NOT VOTING--7
Cannon
Gilchrest
Hulshof
Rush
Stark
Tiahrt
Visclosky
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Two minutes remain in this
vote.
[[Page H5705]]
{time} 2013
So the Senate amendment to House amendment No. 2 with an amendment
was concurred in.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________