[Congressional Record (Bound Edition), Volume 154 (2008), Part 9]
[House]
[Pages 13063-13149]
[From the U.S. 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.

            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.

[[Page 13064]]



             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.

[[Page 13065]]

       Sec. 9102. Notwithstanding any other provision of law, 
     funds made available in this chapter are in addition to 
     amounts appropriated or otherwise made available for the 
     Department of Defense for fiscal year 2008.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 9103. Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer between appropriations 
     up to $2,500,000,000 of the funds made available to the 
     Department of Defense in this chapter: Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section: Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is subject to the same terms and 
     conditions as the authority provided in section 8005 of 
     Public Law 110-116, except for the fourth proviso.
       Sec. 9104. (a) From funds made available for operation and 
     maintenance in this chapter to the Department of Defense, not 
     to exceed $1,226,841,000 may be used, notwithstanding any 
     other provision of law, to fund the Commander's Emergency 
     Response Program, for the purpose of enabling military 
     commanders in Iraq, Afghanistan, and the Philippines to 
     respond to urgent humanitarian relief and reconstruction 
     requirements within their areas of responsibility by carrying 
     out programs that will immediately assist the Iraqi, Afghan, 
     and Filipino people.
       (b) Not later than 15 days after the end of each fiscal 
     year quarter, the Secretary of Defense shall submit to the 
     congressional defense committees a report regarding the 
     source of funds and the allocation and use of funds during 
     that quarter that were made available pursuant to the 
     authority provided in this section or under any other 
     provision of law for the purposes of the programs under 
     subsection (a).


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 9105. During fiscal year 2008, the Secretary of 
     Defense may transfer not to exceed $6,500,000 of the amounts 
     in or credited to the Defense Cooperation Account, pursuant 
     to 10 U.S.C. 2608, to such appropriations or funds of the 
     Department of Defense as the Secretary shall determine for 
     use consistent with the purposes for which such funds were 
     contributed and accepted: Provided, That such amounts shall 
     be available for the same time period as the appropriation to 
     which transferred: Provided further, That the Secretary shall 
     report to the Congress all transfers made pursuant to this 
     authority.
       Sec. 9106. Of the amount appropriated by this chapter under 
     the heading ``Drug Interdiction and Counter-Drug Activities, 
     Defense'', not to exceed $20,000,000 may be used for the 
     provision of support for counter-drug activities of the 
     Governments of Afghanistan, Kazakhstan, Kyrgyzstan, Pakistan, 
     Tajikistan, and Turkmenistan, as specified in section 1033 of 
     the National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85, as amended by Public Laws 106-398, 108-
     136, 109-364, and 110-181): Provided, That such support shall 
     be in addition to support provided under any other provision 
     of the law.
       Sec. 9107. Amounts provided in this chapter for operations 
     in Iraq and Afghanistan may be used by the Department of 
     Defense for the purchase of up to 20 heavy and light armored 
     vehicles for force protection purposes, notwithstanding price 
     or other limitations specified elsewhere in the Department of 
     Defense Appropriations Act, 2008 (Public Law 110-116), or any 
     other provision of law: Provided, That notwithstanding any 
     other provision of law, funds provided in Public Law 110-116 
     and Public Law 110-161 under the heading ``Other Procurement, 
     Navy'' may be used for the purchase of 21 vehicles required 
     for physical security of personnel, notwithstanding price 
     limitations applicable to passenger vehicles but not to 
     exceed $255,000 per vehicle: Provided further, That the 
     Secretary of Defense shall submit a report in writing no 
     later than 30 days after the end of each fiscal quarter 
     notifying the congressional defense committees of any 
     purchase described in this section, including cost, purposes, 
     and quantities of vehicles purchased.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 9108. Section 8122(c) of Public Law 110-116 is amended 
     by adding at the end the following:
       ``(4) Upon a determination that all or part of the funds 
     transferred under paragraph (1) are not necessary to 
     accomplish the purposes specified in subsection (b), such 
     amounts may be transferred back to the `Mine Resistant Ambush 
     Protected Vehicle Fund'.''.
       Sec. 9109. Notwithstanding any other provision of law, not 
     to exceed $150,000,000 of funds made available in this 
     chapter may be obligated to conduct or support a program to 
     build the capacity of a foreign country's national military 
     forces in order for that country to conduct counterterrorist 
     operations or participate in or support military and 
     stability operations in which the U.S. Armed Forces are a 
     participant: Provided, That funds available pursuant to the 
     authority in this section shall be subject to the same 
     restrictions, limitations, and reporting requirements as 
     funds available pursuant to section 1206 of Public Law 109-
     163 as amended.

                               CHAPTER 2

        DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $839,000,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $75,000,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $55,000,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $75,000,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $150,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $37,300,000,000.

                    Operation and Maintenance, Navy


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $3,500,000,000: Provided, That up to $112,000,000 
     shall be transferred to the Coast Guard ``Operating 
     Expenses'' account.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $2,900,000,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,000,000,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $2,648,569,000, of which not to exceed 
     $200,000,000, to remain available until expended, may be used 
     for payments to reimburse key cooperating nations, for 
     logistical, military, and other support provided to United 
     States military operations, notwithstanding any other 
     provision of law: Provided, That these funds may be used for 
     the purpose of providing specialized training and procuring 
     supplies and specialized equipment and providing such 
     supplies and loaning such equipment on a non-reimbursable 
     basis to coalition forces supporting United States military 
     operations in Iraq and Afghanistan: Provided further, That 
     such payments may be made in such amounts as the Secretary of 
     Defense, with the concurrence of the Secretary of State, and 
     in consultation with the Director of the Office of Management 
     and Budget, may determine, in his discretion, based on 
     documentation determined by the Secretary of Defense to 
     adequately account for the support provided, and such 
     determination is final and conclusive upon the accounting 
     officers of the United States, and 15 days following 
     notification to the appropriate congressional committees: 
     Provided further, That the Secretary of Defense shall provide 
     quarterly reports to the congressional defense committees on 
     the use of funds provided in this paragraph.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $79,291,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $42,490,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $47,076,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $12,376,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $333,540,000.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $52,667,000.

                    Afghanistan Security Forces Fund

       For an additional amount for the ``Afghanistan Security 
     Forces Fund'', $2,000,000,000, to remain available until 
     September 30, 2009.

                       Iraq Security Forces Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For the ``Iraq Security Forces Fund'', $1,000,000,000, to 
     remain available until September 30, 2009: Provided, That 
     such funds shall be available to the Secretary of Defense, 
     notwithstanding any other provision of law, for the purpose 
     of allowing the Commander, Multi-National Security Transition 
     Command--Iraq, or the Secretary's designee, to provide 
     assistance, with the concurrence of the Secretary of State, 
     to the security forces of Iraq, including the provision of 
     equipment, supplies, services, training, facility and 
     infrastructure repair, renovation, and construction, and 
     funding: Provided further, That none of the assistance 
     provided under this heading in the form of funds may be 
     utilized for the provision of salaries, wages, or bonuses to 
     personnel of the Iraqi Security Forces: Provided further, 
     That the authority to provide assistance under this heading 
     is in addition to any other authority to provide assistance 
     to foreign nations: Provided further, That the Secretary of 
     Defense may transfer such funds to appropriations for 
     military personnel; operation and maintenance; Overseas 
     Humanitarian, Disaster, and Civic Aid; procurement; research, 
     development, test and evaluation; and defense

[[Page 13066]]

     working capital funds to accomplish the purposes provided 
     herein: Provided further, That this transfer authority is in 
     addition to any other transfer authority available to the 
     Department of Defense: Provided further, That upon a 
     determination that all or part of the funds so transferred 
     from this appropriation are not necessary for the purposes 
     provided herein, such amounts may be transferred back to this 
     appropriation: Provided further, That contributions of funds 
     for the purposes provided herein from any person, foreign 
     government, or international organization may be credited to 
     this Fund, and used for such purposes: Provided further, That 
     the Secretary shall notify the congressional defense 
     committees in writing upon the receipt and upon the transfer 
     of any contribution delineating the sources and amounts of 
     the funds received and the specific use of such 
     contributions: Provided further, That the Secretary of 
     Defense shall, not fewer than 15 days prior to making 
     transfers from this appropriation account, notify the 
     congressional defense committees in writing of the details of 
     any such transfer: Provided further, That the Secretary shall 
     submit a report no later than 30 days after the end of each 
     fiscal quarter to the congressional defense committees 
     summarizing the details of the transfer of funds from this 
     appropriation.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $84,000,000, to remain available for obligation until 
     September 30, 2011.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $822,674,000, to remain 
     available for obligation until September 30, 2011.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $46,500,000, to remain available for obligation until 
     September 30, 2011.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $1,009,050,000, to remain available for obligation until 
     September 30, 2011.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $27,948,000, to remain available for obligation until 
     September 30, 2011.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $565,425,000, to remain available for obligation until 
     September 30, 2011.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $201,842,000, to remain available for obligation 
     until September 30, 2011.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,500,644,000, to remain available for obligation 
     until September 30, 2011.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $177,237,000, to remain available for obligation until 
     September 30, 2011.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $113,228,000, to remain available 
     until September 30, 2010.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $72,041,000, to remain available 
     until September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $202,559,000, to remain 
     available until September 30, 2010.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,100,000,000 for operation and maintenance.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $188,000,000.

             Joint Improvised Explosive Device Defeat Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Joint Improvised Explosive 
     Device Defeat Fund'', $2,000,000,000, to remain available 
     until September 30, 2011: Provided, That such funds shall be 
     available to the Secretary of Defense, notwithstanding any 
     other provision of law, for the purpose of allowing the 
     Director of the Joint Improvised Explosive Device Defeat 
     Organization to investigate, develop and provide equipment, 
     supplies, services, training, facilities, personnel and funds 
     to assist United States forces in the defeat of improvised 
     explosive devices: Provided further, That within 60 days of 
     the enactment of this Act, a plan for the intended management 
     and use of the amounts provided under this heading shall be 
     submitted to the congressional defense committees: Provided 
     further, That the Secretary of Defense shall submit a report 
     not later than 60 days after the end of each fiscal quarter 
     to the congressional defense committees providing assessments 
     of the evolving threats, individual service requirements to 
     counter the threats, the current strategy for predeployment 
     training of members of the Armed Forces on improvised 
     explosive devices, and details on the execution of the Fund: 
     Provided further, That the Secretary of Defense may transfer 
     funds provided herein to appropriations for operation and 
     maintenance; procurement; research, development, test and 
     evaluation; and defense working capital funds to accomplish 
     the purpose provided herein: Provided further, That this 
     transfer authority is in addition to any other transfer 
     authority available to the Department of Defense: Provided 
     further, That the Secretary of Defense shall, not fewer than 
     15 days prior to making transfers from this appropriation, 
     notify the congressional defense committees in writing of the 
     details of any such transfer.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 9201. Appropriations provided in this chapter are not 
     available for obligation until October 1, 2008.
       Sec. 9202. Appropriations provided in this chapter are 
     available for obligation until September 30, 2009, unless 
     otherwise provided in this chapter.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 9203. Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer between appropriations 
     up to $4,000,000,000 of the funds made available to the 
     Department of Defense in this chapter: Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section: Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is subject to the same terms and 
     conditions as the authority provided in section 8005 of 
     Public Law 110-116, except for the fourth proviso.
       Sec. 9204. (a) Not later than December 5, 2008 and every 90 
     days thereafter through the end of fiscal year 2009, the 
     Secretary of Defense shall set forth in a report to Congress 
     a comprehensive set of performance indicators and measures 
     for progress toward military and political stability in Iraq.
       (b) The report shall include performance standards and 
     goals for security, economic, and security force training 
     objectives in Iraq together with a notional timetable for 
     achieving these goals.
       (c) In specific, the report requires, at a minimum, the 
     following:
       (1) With respect to stability and security in Iraq, the 
     following:
       (A) Key measures of political stability, including the 
     important political milestones that must be achieved over the 
     next several years.
       (B) The primary indicators of a stable security environment 
     in Iraq, such as number of engagements per day, numbers of 
     trained Iraqi forces, trends relating to numbers and types of 
     ethnic and religious-based hostile encounters, and progress 
     made in the transition of responsibility for the security of 
     Iraqi provinces to the Iraqi Security Forces under the 
     Provincial Iraqi Control (PIC) process.
       (C) An assessment of the estimated strength of the 
     insurgency in Iraq and the extent to which it is composed of 
     non-Iraqi fighters.
       (D) A description of all militias operating in Iraq, 
     including the number, size, equipment strength, military 
     effectiveness, sources of support, legal status, and efforts 
     to disarm or reintegrate each militia.
       (E) Key indicators of economic activity that should be 
     considered the most important for determining the prospects 
     of stability in Iraq, including--
       (i) unemployment levels;
       (ii) electricity, water, and oil production rates; and
       (iii) hunger and poverty levels.
       (F) The most recent annual budget for the Government of 
     Iraq, including a description of amounts budgeted for support 
     of Iraqi security and police forces and an assessment of how 
     planned funding will impact the training, equipping and 
     overall readiness of those forces.
       (G) The criteria the Administration will use to determine 
     when it is safe to begin withdrawing United States forces 
     from Iraq.
       (2) With respect to the training and performance of 
     security forces in Iraq, the following:
       (A) The training provided Iraqi military and other Ministry 
     of Defense forces and the equipment used by such forces.
       (B) Key criteria for assessing the capabilities and 
     readiness of the Iraqi military and other Ministry of Defense 
     forces, goals for achieving certain capability and readiness 
     levels (as well as for recruiting, training, and equipping 
     these forces), and the milestones and notional timetable for 
     achieving these goals.
       (C) The operational readiness status of the Iraqi military 
     forces, including the type, number, size, and organizational 
     structure of Iraq battalions that are--
       (i) capable of conducting counterinsurgency operations 
     independently without any support from Coalition Forces;
       (ii) capable of conducting counterinsurgency operations 
     with the support of United States or coalition forces; or
       (iii) not ready to conduct counterinsurgency operations.
       (D) The amount and type of support provided by Coalition 
     Forces to the Iraqi Security Forces at each level of 
     operational readiness.

[[Page 13067]]

       (E) The number of Iraqi battalions in the Iraqi Army 
     currently conducting operations and the type of operations 
     being conducted.
       (F) The rates of absenteeism in the Iraqi military forces 
     and the extent to which insurgents have infiltrated such 
     forces.
       (G) The training provided Iraqi police and other Ministry 
     of Interior forces and the equipment used by such forces.
       (H) The level and effectiveness of the Iraqi Security 
     Forces under the Ministry of Defense in provinces where the 
     United States has formally transferred responsibility for the 
     security of the province to the Iraqi Security Forces under 
     the Provincial Iraqi Control (PIC) process.
       (I) Key criteria for assessing the capabilities and 
     readiness of the Iraqi police and other Ministry of Interior 
     forces, goals for achieving certain capability and readiness 
     levels (as well as for recruiting, training, and equipping), 
     and the milestones and notional timetable for achieving these 
     goals, including--
       (i) the number of police recruits that have received 
     classroom training and the duration of such instruction;
       (ii) the number of veteran police officers who have 
     received classroom instruction and the duration of such 
     instruction;
       (iii) the number of police candidates screened by the Iraqi 
     Police Screening Service, the number of candidates derived 
     from other entry procedures, and the success rates of those 
     groups of candidates;
       (iv) the number of Iraqi police forces who have received 
     field training by international police trainers and the 
     duration of such instruction;
       (v) attrition rates and measures of absenteeism and 
     infiltration by insurgents; and
       (vi) the level and effectiveness of the Iraqi Police and 
     other Ministry of Interior Forces in provinces where the 
     United States has formally transferred responsibility for the 
     security of the province to the Iraqi Security Forces under 
     the Provincial Iraqi Control (PIC) process.
       (J) The estimated total number of Iraqi battalions needed 
     for the Iraqi security forces to perform duties now being 
     undertaken by coalition forces, including defending the 
     borders of Iraq and providing adequate levels of law and 
     order throughout Iraq.
       (K) The effectiveness of the Iraqi military and police 
     officer cadres and the chain of command.
       (L) The number of United States and coalition advisors 
     needed to support the Iraqi security forces and associated 
     ministries.
       (M) An assessment, in a classified annex if necessary, of 
     United States military requirements, including planned force 
     rotations, through the end of calendar year 2009.
       Sec. 9205. (a) Report by Secretary of Defense.--Not later 
     than 30 days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report that contains individual 
     transition readiness assessments by unit of Iraq and Afghan 
     security forces. The Secretary of Defense shall submit to the 
     congressional defense committees updates of the report 
     required by this subsection every 90 days after the date of 
     the submission of the report until October 1, 2009. The 
     report and updates of the report required by this subsection 
     shall be submitted in classified form.
       (b) Report by OMB.--
       (1) The Director of the Office of Management and Budget, in 
     consultation with the Secretary of Defense; the Commander, 
     Multi-National Security Transition Command--Iraq; and the 
     Commander, Combined Security Transition Command--Afghanistan, 
     shall submit to the congressional defense committees not 
     later than 120 days after the date of the enactment of this 
     Act and every 90 days thereafter a report on the proposed use 
     of all funds under each of the headings ``Iraq Security 
     Forces Fund'' and ``Afghanistan Security Forces Fund'' on a 
     project-by-project basis, for which the obligation of funds 
     is anticipated during the 3-month period from such date, 
     including estimates by the commanders referred to in this 
     paragraph of the costs required to complete each such 
     project.
       (2) The report required by this subsection shall include 
     the following:
       (A) The use of all funds on a project-by-project basis for 
     which funds appropriated under the headings referred to in 
     paragraph (1) were obligated prior to the submission of the 
     report, including estimates by the commanders referred to in 
     paragraph (1) of the costs to complete each project.
       (B) The use of all funds on a project-by-project basis for 
     which funds were appropriated under the headings referred to 
     in paragraph (1) in prior appropriations Acts, or for which 
     funds were made available by transfer, reprogramming, or 
     allocation from other headings in prior appropriations Acts, 
     including estimates by the commanders referred to in 
     paragraph (1) of the costs to complete each project.
       (C) An estimated total cost to train and equip the Iraq and 
     Afghan security forces, disaggregated by major program and 
     sub-elements by force, arrayed by fiscal year.
       (c) Notification.--The Secretary of Defense shall notify 
     the congressional defense committees of any proposed new 
     projects or transfers of funds between sub-activity groups in 
     excess of $15,000,000 using funds appropriated by this Act 
     under the headings ``Iraq Security Forces Fund'' and 
     ``Afghanistan Security Forces Fund''.
       Sec. 9206. Funds available to the Department of Defense for 
     operation and maintenance provided in this chapter may be 
     used, notwithstanding any other provision of law, to provide 
     supplies, services, transportation, including airlift and 
     sealift, and other logistical support to coalition forces 
     supporting military and stability operations in Iraq and 
     Afghanistan: Provided, That the Secretary of Defense shall 
     provide quarterly reports to the congressional defense 
     committees regarding support provided under this section.
       Sec. 9207. Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance, ``Afghanistan 
     Security Forces Fund'' or ``Iraq Security Forces Fund'' 
     provided in this chapter, and executed in direct support of 
     the Global War on Terrorism only in Iraq and Afghanistan, may 
     be obligated at the time a construction contract is awarded: 
     Provided, That for the purpose of this section, supervision 
     and administration costs include all in-house Government 
     costs.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 9208. (a) Notwithstanding any other provision of law, 
     and in addition to amounts otherwise made available by this 
     Act, there is appropriated $1,700,000,000 for the ``Mine 
     Resistant Ambush Protected Vehicle Fund'', to remain 
     available until September 30, 2009.
       (b) The funds provided by subsection (a) shall be available 
     to the Secretary of Defense to continue technological 
     research and development and upgrades, to procure Mine 
     Resistant Ambush Protected vehicles and associated support 
     equipment, and to sustain, transport, and field Mine 
     Resistant Ambush Protected vehicles.
       (c)(1) The Secretary of Defense shall transfer funds 
     provided by subsection (a) to appropriations for operation 
     and maintenance; procurement; and research, development, test 
     and evaluation to accomplish the purposes specified in 
     subsection (b). Such transferred funds shall be merged with 
     and be available for the same purposes and for the same time 
     period as the appropriation to which they are transferred.
       (2) The transfer authority provided by this subsection 
     shall be in addition to any other transfer authority 
     available to the Department of Defense.
       (3) The Secretary of Defense shall, not less than 15 days 
     prior to making any transfer under this subsection, notify 
     the congressional defense committees in writing of the 
     details of the transfer.
       Sec. 9209. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.

                               CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 9301. Each amount in this title is designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to subsections (a) and (b) of section 204 of S. Con. 
     Res. 21 (110th Congress), the concurrent resolution on the 
     budget for fiscal year 2008.
       Sec. 9302. Funds appropriated by this title, or made 
     available by the transfer of funds in this title, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504(a)(1) 
     of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
       Sec. 9303. None of the funds made available in this Act may 
     be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code;
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations; and
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 9304. (a) Report Required.--Not later than 120 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense, the Secretary of State, and the Secretary of 
     Homeland Security, in coordination with the Chairman of the 
     Joint Chiefs of Staff and the Director of National 
     Intelligence, shall jointly submit to Congress a report 
     setting forth the global strategy of the United States to 
     combat and defeat al Qaeda and its affiliates.
       (b) Elements of Strategy.--The strategy set forth in the 
     report required under subsection (a) shall include the 
     following elements:
       (1) An analysis of the global threat posed by al Qaeda and 
     its affiliates, including an assessment of the relative 
     threat posed in particular regions or countries.
       (2) Recommendations regarding the distribution and 
     deployment of United States military, intelligence, 
     diplomatic, and other assets to meet the relative regional 
     and country-specific threats described in paragraph (1).
       (3) Recommendations to ensure that the global deployment of 
     United States military personnel and equipment best meet the 
     threat identified and described in paragraph (1) and:
       (A) does not undermine the military readiness or homeland 
     security of the United States;
       (B) ensures adequate time between military deployments for 
     rest and training; and
       (C) does not require further extensions of military 
     deployments to the extent practicable.

[[Page 13068]]

       (c) Classified Annex.--The report required by subsection 
     (a) shall be submitted in unclassified form, but shall 
     include a classified annex.
       Sec. 9305. None of the funds provided in this title may be 
     used to finance programs or activities denied by Congress in 
     fiscal years 2007 or 2008 appropriations to the Department of 
     Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.
       Sec. 9306. Section 1002(c)(2) of the National Defense 
     Authorization Act, Fiscal Year 2008 (Public Law 110-181) is 
     amended by striking ``$362,159,000'' and inserting 
     ``$435,259,000''.
       Sec. 9307. None of the funds appropriated or otherwise made 
     available by this title may be obligated or expended to 
     provide award fees to any defense contractor contrary to the 
     provisions of section 814 of the National Defense 
     Authorization Act, Fiscal Year 2007 (Public Law 109-364).


                             (RESCISSIONS)

       Sec. 9308. (a) Of the funds made available for ``Defense 
     Health Program'' in Public Law 110-28, $75,000,000 are 
     rescinded.
       (b) Of the funds made available for ``Joint Improvised 
     Explosive Device Defeat Fund'' in division L of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161), 
     $71,531,000 are rescinded.
       Sec. 9309. Of the funds appropriated in the U.S. Troop 
     Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28) 
     which remain available for obligation under the ``Iraq 
     Freedom Fund'', $150,000,000 is only for the Joint Rapid 
     Acquisition Cell, and $10,000,000 is only for the 
     transportation of fallen service members.
       Sec. 9310. None of the funds available to the Department of 
     Defense may be obligated or expended to implement any final 
     action on joint basing initiatives required under the 2005 
     round of defense base closure and realignment under the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) until 
     each affected Secretary of a military department or the head 
     of each affected Federal agency certifies to the 
     congressional defense committees that joint basing at the 
     affected military installation will result in significant 
     costs savings and will not negatively impact the morale of 
     members of the Armed Forces.
       Sec. 9311. Funds available in this title which are 
     available to the Department of Defense for operation and 
     maintenance may be used to purchase items having an 
     investment unit cost of not more than $250,000: Provided, 
     That upon determination by the Secretary of Defense that such 
     action is necessary to meet the operational requirements of a 
     Commander of a Combatant Command engaged in contingency 
     operations overseas, such funds may be used to purchase items 
     having an investment item unit cost of not more than 
     $500,000.

       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

[[Page 13069]]

     fiscal year 2009 budget request for the Department of the 
     Army: Provided, That such funds may be obligated and expended 
     to carry out planning and design and military construction 
     not otherwise authorized by law.
       Sec. 1302. In addition to amounts otherwise appropriated or 
     made available under the heading ``Military Construction, 
     Navy and Marine Corps'', there is hereby appropriated an 
     additional $89,820,000, to remain available until September 
     30, 2012, for the acceleration and completion of child 
     development and youth center construction as proposed in the 
     fiscal year 2009 budget request for the Department of the 
     Navy: Provided, That such funds may be obligated and expended 
     to carry out planning and design and military construction 
     not otherwise authorized by law.
       Sec. 1303. In addition to amounts otherwise appropriated or 
     made available under the heading ``Military Construction, Air 
     Force'', there is hereby appropriated an additional 
     $8,100,000, to remain available until September 30, 2012, for 
     the acceleration and completion of child development center 
     construction as proposed in the fiscal year 2009 budget 
     request for the Department of the Air Force: Provided, That 
     such funds may be obligated and expended to carry out 
     planning and design and military construction not otherwise 
     authorized by law.
       Sec. 1304. In addition to amounts otherwise appropriated or 
     made available under the heading ``Military Construction, 
     Army'', there is hereby appropriated an additional 
     $200,000,000, to remain available until September 30, 2012, 
     to accelerate barracks improvements at Department of the Army 
     installations: Provided, That such funds may be obligated and 
     expended to carry out planning and design and barracks 
     construction not otherwise authorized by law: Provided 
     further, That within 30 days of enactment of this Act the 
     Secretary shall submit to the Committees on Appropriations of 
     both Houses of Congress an expenditure plan for barracks 
     construction prior to obligation.
       Sec. 1305. Collection of Certain Indebtedness of Members of 
     the Armed Forces and Veterans Who Die of Injury Incurred or 
     Aggravated in Service in the Line of Duty in a Combat Zone. 
     (a) Limitation on Authority.--
       (1) In general.--Chapter 53 of title 38, United States 
     Code, is amended by inserting after section 5302 the 
     following new section:

     ``Sec. 5302A. Collection of indebtedness: certain debts of 
       members of the Armed Forces and veterans who die of injury 
       incurred or aggravated in the line of duty in a combat zone

       ``(a) Limitation on Authority.--The Secretary may not 
     collect all or any part of an amount owed to the United 
     States by a member of the Armed Forces or veteran described 
     in subsection (b) under any program under the laws 
     administered by the Secretary, other than a program referred 
     to in subsection (c), if the Secretary determines that 
     termination of collection is in the best interest of the 
     United States.
       ``(b) Covered Individuals.--A member of the Armed Forces or 
     veteran described in this subsection is any member or veteran 
     who dies as a result of an injury incurred or aggravated in 
     the line of duty while serving in a theater of combat 
     operations (as determined by the Secretary in consultation 
     with the Secretary of Defense) in a war or in combat against 
     a hostile force during a period of hostilities (as that term 
     is defined in section 1712A(a)(2)(B) of this title) after 
     September 11, 2001.
       ``(c) Inapplicability to Housing and Small Business Benefit 
     Programs.--The limitation on authority in subsection (a) 
     shall not apply to any amounts owed the United States under 
     any program carried out under chapter 37 of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 53 of such title is amended by inserting 
     after the item relating to section 5302 the following new 
     item:

``5302A. Collection of indebtedness: certain debts of members of the 
              Armed Forces and veterans who die of injury incurred or 
              aggravated in the line of duty in a combat zone.''.
       (b) Equitable Refund.--In any case where all or any part of 
     an indebtedness of a covered individual, as described in 
     section 5302A(a) of title 38, United States Code, as added by 
     subsection (a)(1), was collected after September 11, 2001, 
     and before the date of the enactment of this Act, and the 
     Secretary of Veterans Affairs determines that such 
     indebtedness would have been terminated had such section been 
     in effect at such time, the Secretary may refund the amount 
     so collected if the Secretary determines that the individual 
     is equitably entitled to such refund.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to collections of indebtedness 
     of members of the Armed Forces and veterans who die on or 
     after September 11, 2001.
       (d) Short Title.--This section may be cited as the ``Combat 
     Veterans Debt Elimination Act of 2008''.

                               CHAPTER 4

     Subchapter A--Supplemental Appropriations for Fiscal Year 2008

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $1,413,700,000, to remain available until 
     September 30, 2009, of which $212,400,000 for worldwide 
     security protection is available until expended: Provided, 
     That not more than $1,095,000,000 of the funds appropriated 
     under this heading shall be available for diplomatic 
     operations in Iraq: Provided further, That of the funds 
     appropriated under this heading, not more than $30,000,000 
     shall be made available to establish and implement a 
     coordinated civilian response capacity at the United States 
     Department of State: Provided further, That of the funds 
     appropriated under this heading, up to $5,000,000 shall be 
     made available to establish a United States Consulate in 
     Lhasa, Tibet: Provided further, That the Department of State 
     shall not consent to the opening of a consular post in the 
     United States by the People's Republic of China until such 
     time as a United States Consulate in Lhasa, Tibet is 
     established.


                      Office Of Inspector General

                     (Including Transfer of Funds)

       For an additional amount for ``Office of Inspector 
     General'', $12,500,000, to remain available until September 
     30, 2009: Provided, That $2,500,000 shall be transferred to 
     the Special Inspector General for Iraq Reconstruction for 
     reconstruction oversight, and up to $5,000,000 may be 
     transferred to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight.


               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

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


            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

       For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', $76,700,000, to remain 
     available until expended, for facilities in Afghanistan.

                      International Organizations


              Contributions to International Organizations

       For an additional amount for ``Contributions to 
     International Organizations'', $66,000,000, to remain 
     available until September 30, 2009.


        Contributions for International Peacekeeping Activities

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $383,600,000, to 
     remain available until September 30, 2009, of which 
     $333,600,000 shall be made available for the United Nations-
     African Union Hybrid Mission in Darfur.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 international broadcasting operations

       For an additional amount for ``International Broadcasting 
     Operations'', $3,000,000, to remain available until September 
     30, 2009.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                   International Disaster Assistance

       For an additional amount for ``International Disaster 
     Assistance'', $240,000,000, to remain available until 
     expended.


   Operating Expenses of the United States Agency for International 
                              Development

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'', 
     $149,500,000, to remain available until September 30, 2009: 
     Provided, That of the funds appropriated under this heading, 
     not more than $25,000,000 shall be made available to 
     establish and implement a coordinated civilian response 
     capacity at the United States Agency for International 
     Development.


   Operating Expenses of the United States Agency for International 
                              Development

                      OFFICE OF INSPECTOR GENERAL

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'', $4,000,000, to remain available until 
     September 30, 2009.

                  Other Bilateral Economic Assistance


                         Economic Support Fund

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

[[Page 13070]]




          International Narcotics Control and Law Enforcement

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $520,000,000, to remain 
     available until September 30, 2009, of which not more than 
     $25,000,000 shall be made available for security assistance 
     for the West Bank: Provided, That of the funds appropriated 
     under this heading, $1,000,000 shall be made available for 
     the Office of the United Nations High Commissioner for Human 
     Rights in Mexico.


                    Migration and Refugee Assistance

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


     United States Emergency Refugee and Migration Assistance Fund

       For an additional amount for ``United States Emergency 
     Refugee and Migration Assistance Fund'', $36,608,000, to 
     remain available until expended.


    Nonproliferation, Anti-Terrorism, Demining and Related Programs

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

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                        Peacekeeping Operations

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

     Subchapter B--Bridge Fund Appropriations for Fiscal Year 2009

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $652,400,000, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2009: Provided, That of the funds appropriated under this 
     heading, $78,400,000 is for worldwide security protection and 
     shall remain available until expended: Provided further, That 
     not more than $500,000,000 of the funds appropriated under 
     this heading shall be available for diplomatic operations in 
     Iraq.


                      Office of Inspector General

                     (including transfer of funds)

       For an additional amount for ``Office of Inspector 
     General'', $57,000,000, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2009: Provided, That $36,500,000 shall be transferred to the 
     Special Inspector General for Iraq Reconstruction for 
     reconstruction oversight and up to $5,000,000 shall be 
     transferred to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight.


            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

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

                      International Organizations


              Contributions to International Organizations

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


        Contributions for International Peacekeeping Activities

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

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 INTERNATIONAL BROADCASTING OPERATIONS

       For an additional amount for ``International Broadcasting 
     Operations'', $6,000,000, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2009.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                    Global Health and Child Survival

       For an additional amount for ``Global Health and Child 
     Survival'', $75,000,000, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2009, for programs to combat avian influenza.


                         Development Assistance

       For an additional amount for ``Development Assistance'', 
     $200,000,000, for assistance for developing countries to 
     address the international food crisis notwithstanding any 
     other provision of law, which shall become available on 
     October 1, 2008 and remain available through September 30, 
     2010: Provided, That such assistance should be carried out 
     consistent with the purposes of section 103(a)(1) of the 
     Foreign Assistance Act of 1961: Provided further, That not 
     more than $50,000,000 should be made available for local or 
     regional purchase and distribution of food: Provided further, 
     That the Secretary of State shall submit to the Committees on 
     Appropriations not later than 45 days after enactment of this 
     Act, and prior to the initial obligation of funds 
     appropriated under this heading, a report on the proposed 
     uses of such funds to alleviate hunger and malnutrition, 
     including a list of those countries facing significant food 
     shortages.


                   International Disaster Assistance

       For an additional amount for ``International Disaster 
     Assistance'', $200,000,000, which shall become available on 
     October 1, 2008 and remain available until expended.


   Operating Expenses of the United States Agency for International 
                              Development

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'', 
     $93,000,000, which shall become available on October 1, 2008 
     and remain available through September 30, 2009.


   Operating Expenses of the United States Agency for International 
                              Development

                      OFFICE OF INSPECTOR GENERAL

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'', $1,000,000, which shall become available 
     on October 1, 2008 and remain available through September 30, 
     2009.

                  Other Bilateral Economic Assistance


                         Economic Support Fund

       For an additional amount for ``Economic Support Fund'', 
     $1,132,300,000, which shall become available on October 1, 
     2008 and remain available through September 30, 2009, of 
     which not more than $110,000,000 may be made available for 
     assistance for Iraq, $100,000,000 shall be made available for 
     assistance for Jordan, not more than $455,000,000 may be made 
     available for assistance for Afghanistan, not more than 
     $150,000,000 may be made available for assistance for 
     Pakistan, not more than $150,000,000 shall be made available 
     for assistance for the West Bank, and $15,000,000 may be made 
     available for energy-related assistance for North Korea, 
     notwithstanding any other provision of law.

                          Department of State


          International Narcotics Control and Law Enforcement

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $151,000,000, which shall 
     become available on October 1, 2008 and remain available 
     through September 30, 2009, of which not more than 
     $50,000,000 shall be made available for security assistance 
     for the West Bank.


                    Migration and Refugee Assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $350,000,000, which shall become available on 
     October 1, 2008 and remain available until expended.


    Nonproliferation, Anti-Terrorism, Demining and Related Programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $4,500,000, for 
     humanitarian demining assistance for Iraq, which shall become 
     available on October 1, 2008 and remain available through 
     September 30, 2009.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President


                   Foreign Military Financing Program

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


                        Peacekeeping Operations

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

             Subchapter C--General Provisions--This Chapter


                        Extension of Authorities

       Sec. 1401. Funds appropriated by this chapter may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672 (22 U.S.C. 2412), section 15 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
     section 313 of the Foreign Relations Authorization Act, 
     Fiscal Year 1994 and 1995 (22 U.S.C. 6212), and section 
     504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
     414(a)(1)).


                                  IRAQ

       Sec. 1402. (a) Asset Transfer Agreement.--
       (1) None of the funds appropriated by this chapter for 
     infrastructure maintenance activities in Iraq may be made 
     available until the Secretary of State certifies and reports 
     to the Committees on Appropriations that the Governments of 
     the United States and Iraq have entered into, and are 
     implementing, an asset transfer agreement that includes 
     commitments by the Government of Iraq to maintain United 
     States-funded infrastructure in Iraq.
       (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

[[Page 13071]]

     for the operational or program expenses of Provincial 
     Reconstruction Teams (PRTs) in Iraq may be made available 
     until the Secretary of State submits a report to the 
     Committees on Appropriations detailing--
       (1) the strategy for the eventual winding down and close 
     out of PRTs;
       (2) anticipated costs associated with PRT operations, 
     programs, and eventual winding down and close out, including 
     security for PRT personnel and anticipated Government of Iraq 
     contributions; and
       (3) anticipated placement and cost estimates of future 
     United States Consulates in Iraq.
       (d) Community Stabilization Program.--None of the funds 
     appropriated by this chapter for the Community Stabilization 
     Program in Iraq may be made available until the Secretary of 
     State certifies and reports to the Committees on 
     Appropriations that the United States Agency for 
     International Development is implementing recommendations 
     contained in Office of Inspector General Audit Report No. E-
     267-08-001-P to ensure accountability of funds.
       (e) Matching Requirement.--
       (1) Notwithstanding any other provision of law, funds 
     appropriated by this chapter for assistance for Iraq shall be 
     made available only to the extent that the Government of Iraq 
     matches such assistance on a dollar-for-dollar basis.
       (2) Subsection (e)(1) shall not apply to funds made 
     available for--
       (A) grants and cooperative agreements for programs to 
     promote democracy and human rights;
       (B) the Community Action Program and other assistance 
     through civil society organizations;
       (C) humanitarian demining; or
       (D) assistance for refugees, internally displaced persons, 
     and civilian victims of the military operations.
       (3) The Secretary of State shall certify to the Committees 
     on Appropriations prior to the initial obligation of funds 
     pursuant to this section that the Government of Iraq has 
     committed to obligate matching funds on a dollar-for-dollar 
     basis. The Secretary shall submit a report to the Committees 
     on Appropriations not later than September 30, 2008 and 180 
     days thereafter, detailing the amounts of funds obligated and 
     expended by the Government of Iraq to meet the requirements 
     of this section.
       (4) Not later than 45 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing the amounts provided by the 
     Government of Iraq since June 30, 2004, to assist Iraqi 
     refugees in Syria, Jordan, and elsewhere, and the amount of 
     such assistance the Government of Iraq plans to provide in 
     fiscal year 2008. The Secretary shall work expeditiously with 
     the Government of Iraq to establish an account within its 
     annual budget sufficient to, at a minimum, match United 
     States contributions on a dollar-for-dollar basis to 
     organizations and programs for the purpose of assisting Iraqi 
     refugees.
       (f) Vetting.--Prior to the initial obligation of funds 
     appropriated for assistance for Iraq in this chapter, the 
     Secretary of State shall, in consultation with the heads of 
     other Federal departments and agencies, take appropriate 
     steps to ensure that such funds are not provided to or 
     through any individual, private entity, or educational 
     institution that the Secretary knows or has reason to believe 
     advocates, plans, sponsors, or engages in, terrorist 
     activities.
       (g) Iraq Relief and Reconstruction Fund.--
       (1) Notwithstanding any other provision of law, the expired 
     balances of funds appropriated or otherwise made available 
     under the heading ``Iraq Relief and Reconstruction Fund'' in 
     prior Acts making appropriations for foreign operations, 
     export financing, and related programs shall be rescinded.
       (2) None of the funds made available under the heading 
     ``Iraq Relief and Reconstruction Fund'' in prior Acts making 
     appropriations for foreign operations, export financing, and 
     related programs may be reprogrammed for any purpose other 
     than that previously notified to the Committees on 
     Appropriations prior to April 30, 2008, and none of such 
     funds may be made available to initiate any new projects or 
     activities.
       (3) Not later than 30 days after enactment of this Act, the 
     Secretary of State shall report to the Committees on 
     Appropriations on the balances of obligated funds referenced 
     in subsection (g)(1), and estimates of the amount of funds 
     required to close out ongoing projects or for outstanding 
     claims.


                              AFGHANISTAN

       Sec. 1403. (a) Assistance for Women and Girls.--Funds 
     appropriated by this chapter under the heading ``Economic 
     Support Fund'' that are available for assistance for 
     Afghanistan shall be made available, to the maximum extent 
     practicable, through local Afghan provincial and municipal 
     governments and Afghan civil society organizations and in a 
     manner that emphasizes the participation of Afghan women and 
     directly improves the economic, social and political status 
     of Afghan women and girls.
       (b) Higher Education.--Of the funds appropriated by this 
     chapter under the heading ``Economic Support Fund'' that are 
     made available for education programs in Afghanistan, not 
     less than 50 percent shall be made available to support 
     higher education and vocational training programs in law, 
     accounting, engineering, public administration, and other 
     disciplines necessary to rebuild the country, in which the 
     participation of women is emphasized.
       (c) Civilian Assistance.--Of the funds appropriated by this 
     chapter under the heading ``Economic Support Fund'' that are 
     available for assistance for Afghanistan, not less than 
     $10,000,000 shall be made available for continued support of 
     the United States Agency for International Development's 
     Afghan Civilian Assistance Program, and not less than 
     $2,000,000 shall be made available for a United States 
     contribution to the North Atlantic Treaty Organization/
     International Security Assistance Force Post-Operations 
     Humanitarian Relief Fund.
       (d) Anti-corruption.--Not later than 90 days after the 
     enactment of this Act, the Secretary of State shall--
       (1) submit a report to the Committees on Appropriations on 
     actions being taken by the Government of Afghanistan to 
     combat corruption within the national and provincial 
     governments, including to remove and prosecute officials who 
     have committed corrupt acts;
       (2) submit a list to the Committees on Appropriations, in 
     classified form if necessary, of senior Afghan officials who 
     the Secretary has credible evidence to believe have committed 
     corrupt acts; and
       (3) certify and report to the Committees on Appropriations 
     that effective mechanisms are in place to ensure that 
     assistance to national government ministries and provincial 
     governments will be properly accounted for.


            Waiver of Certain Sanctions Against North Korea

       Sec. 1404. (a) Annual Waiver Authority.--
       (1) In general.--Except as provided in subsection (b), the 
     President may waive in whole or in part, with respect to 
     North Korea, the application of any sanction under section 
     102(b) of the Arms Export Control Act (22 U.S.C. 2799aa-
     1(b)), for the purpose of--
       (A) assisting in the implementation and verification of the 
     compliance by North Korea with its commitment, undertaken in 
     the Joint Statement of September 19, 2005, to abandon all 
     nuclear weapons and existing nuclear programs as part of the 
     verifiable denuclearization of the Korean Peninsula; and
       (B) promoting the elimination of the capability of North 
     Korea to develop, deploy, transfer, or maintain weapons of 
     mass destruction and their delivery systems.
       (2) Duration of waiver.--Any waiver issued under this 
     subsection shall expire at the end of the calendar year in 
     which it is issued.
       (b) Exceptions.--
       (1) Limited exception related to certain sanctions and 
     prohibitions.--The authority under subsection (a) shall not 
     apply with respect to a sanction or prohibition under 
     subparagraph (B), (C), or (G) of section 102(b)(2) of the 
     Arms Export Control Act, unless the President determines and 
     certifies to the appropriate congressional committees that--
       (A) all reasonable steps will be taken to assure that the 
     articles or services exported or otherwise provided will not 
     be used to improve the military capabilities of the armed 
     forces of North Korea; and
       (B) such waiver is in the national security interests of 
     the United States.
       (2) Limited exception related to certain activities.--
     Unless the President determines and certifies to the 
     appropriate congressional committees that using the authority 
     under subsection (a) is vital to the national security 
     interests of the United States, such authority shall not 
     apply with respect to--
       (A) an activity described in subparagraph (A) of section 
     102(b)(1) of the Arms Export Control Act that occurs after 
     September 19, 2005, and before the date of the enactment of 
     this Act;
       (B) an activity described in subparagraph (C) of such 
     section that occurs after September 19, 2005; or
       (C) an activity described in subparagraph (D) of such 
     section that occurs after the date of enactment of this Act.
       (3) Exception related to certain activities occurring after 
     date of enactment.--The authority under subsection (a) shall 
     not apply with respect to an activity described in 
     subparagraph (A) or (B) of section 102(b)(1) of the Arms 
     Export Control Act that occurs after the date of the 
     enactment of this Act.
       (c) Notifications and Reports.--
       (1) Congressional notification.--The President shall notify 
     the appropriate congressional committees in writing not later 
     than 15 days before exercising the waiver authority under 
     subsection (a).
       (2) Annual report.--Not later than January 31, 2009, and 
     annually thereafter, the President shall submit to the 
     appropriate congressional committees a report that--
       (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.

[[Page 13072]]




                                 MEXICO

       Sec. 1405. (a) Assistance for Mexico.--Of the funds 
     appropriated in subchapter A under the heading 
     ``International Narcotics Control and Law Enforcement'', not 
     more than $350,000,000 may be made available for assistance 
     for Mexico, only to combat drug trafficking and related 
     violence and organized crime, and for judicial reform, anti-
     corruption, and rule of law activities: Provided, That none 
     of the funds made available under this section shall be made 
     available for budget support or as cash payments: Provided 
     further, That none of the funds made available under this 
     section shall be available for obligation until the Secretary 
     of State determines and reports to the Committees on 
     Appropriations that vetting procedures are in place to ensure 
     that members and units of the Mexican military and police 
     forces that receive assistance pursuant to this section have 
     not been involved in human rights violations or corrupt acts.
       (b) Allocation of Funds.--Twenty-five percent of the funds 
     made available by subchapter A for assistance for Mexico 
     under the heading ``International Narcotics Control and Law 
     Enforcement'' may be obligated only after the Secretary of 
     State determines and reports to the Committees on 
     Appropriations that:
       (1) The Government of Mexico is--
       (A) strengthening the legal authority and independence of 
     the National Human Rights Commission;
       (B) establishing police complaints commissions with 
     authority and independence to receive complaints and carry 
     out effective investigations;
       (C) establishing an independent mechanism, with 
     representation from civil society, to monitor programs to 
     combat drug trafficking and related violence and organized 
     crime, judicial reform, anti-corruption, and rule of law 
     activities to ensure due process and the protection of 
     freedoms of expression, association, and assembly, and rights 
     of privacy, in accordance with Mexican and international law;
       (D) is enforcing the prohibition on the use of testimony 
     obtained through torture or other ill-treatment in violation 
     of Mexican and international law;
       (E) is ensuring that the Mexican military justice system is 
     transferring all cases involving allegations of human rights 
     violations by military personnel to civilian prosecutors and 
     judicial authorities, and that the armed forces are fully 
     cooperating with civilian prosecutors and judicial 
     authorities in prosecuting and punishing in civilian courts 
     members of the armed forces who have been credibly alleged to 
     have committed such violations; and
       (F) is ensuring that federal and state police forces are 
     fully cooperating with prosecutors and judicial authorities 
     in prosecuting and punishing members of the police forces who 
     have been credibly alleged to have committed violations of 
     human rights.
       (2) Civilian prosecutors and judicial authorities are 
     investigating, prosecuting and punishing members of the 
     Mexican military and police forces who have been credibly 
     alleged to have committed human rights violations.
       (c) Exception.--Notwithstanding subsection (b), of the 
     funds made available for assistance for Mexico pursuant to 
     this section, $3,000,000 shall be made available for 
     technical and other assistance to enable the Government of 
     Mexico to implement a unified national registry of federal, 
     state, and municipal police officers, and $5,000,000 should 
     be made available to the Bureau of Alcohol, Tobacco, Firearms 
     and Explosives to deploy special agents in Mexico to support 
     Mexican law enforcement agencies in tracing seized firearms 
     and investigating firearms trafficking cases.
       (d) Report.--The report required in subsection (b) shall 
     include a description of actions taken with respect to each 
     requirement specified in subsection (b) and the cases or 
     issues brought to the attention of the Secretary of State for 
     which the response or action taken has been inadequate.
       (e) Notification.--Funds made available for Mexico in 
     subchapter A shall be subject to the regular notification 
     procedures of the Committees on Appropriations and section 
     634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-
     1).
       (f) Spending Plan.--Not later than 45 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     submit to the Committees on Appropriations a detailed 
     spending plan for funds appropriated or otherwise made 
     available for Mexico in subchapter A, which shall include a 
     strategy for combating drug trafficking and related violence 
     and organized crime, judicial reform, preventing corruption, 
     and strengthening the rule of law, with concrete goals, 
     actions to be taken, budget proposals, and anticipated 
     results.
       (g) Consultation.--Not later than 90 days after the date of 
     the enactment of this Act, and every 120 days thereafter 
     until September 30, 2010, the Secretary of State shall 
     consult with Mexican and internationally recognized human 
     rights organizations on progress in meeting the requirements 
     described in subsection (b).


                            CENTRAL AMERICA

       Sec. 1406. (a) Assistance for the Countries of Central 
     America.--Of the funds appropriated in subchapter A under the 
     headings ``International Narcotics Control and Law 
     Enforcement'' and ``Economic Support Fund'', not more than 
     $100,000,000 may be made available for assistance for the 
     countries of Central America, Haiti, and the Dominican 
     Republic only to combat drug trafficking and related violence 
     and organized crime, and for judicial reform, anti-
     corruption, and rule of law activities: Provided, That of the 
     funds appropriated under the heading ``Economic Support 
     Fund'', $40,000,000 shall be made available through the 
     United States Agency for International Development for an 
     Economic and Social Development Fund for Central America: 
     Provided further, That of the funds made available pursuant 
     to this section, $5,000,000 shall be made available for 
     assistance for Haiti and $5,000,000 shall be made available 
     for assistance for the Dominican Republic: Provided further, 
     That of the funds made available pursuant to this section 
     that are available for assistance for Guatemala, not less 
     than $1,000,000 shall be made available for a United States 
     contribution to the International Commission Against Impunity 
     in Guatemala: Provided further, That none of the funds shall 
     be made available for budget support or as cash payments: 
     Provided further, That, with the exception of the first and 
     third provisos in this section, none of the funds shall be 
     available for obligation until the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that vetting procedures are in place to ensure that members 
     and units of the military and police forces of the countries 
     of Central America, Haiti and the Dominican Republic that 
     receive assistance pursuant to this section have not been 
     involved in human rights violations or corrupt acts.
       (b) Allocation of Funds.--Twenty-five percent of the funds 
     made available by subchapter A for assistance for the 
     countries of Central America, Haiti and the Dominican 
     Republic under the heading ``International Narcotics Control 
     and Law Enforcement'' may be obligated only after the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that the government of such country is--
       (1) establishing a police complaints commission with 
     authority and independence to receive complaints and carry 
     out effective investigations;
       (2) implementing reforms to improve the capacity and ensure 
     the independence of the judiciary; and
       (3) suspending, prosecuting and punishing members of the 
     military and police forces who have been credibly alleged to 
     have committed violations of human rights and corrupt acts.
       (c) Report.--The report required in subsection (b) shall 
     include actions taken with respect to each requirement and 
     the cases or issues brought to the attention of the Secretary 
     for which the response or action taken has been inadequate.
       (d) Notification.--Funds made available for assistance for 
     the countries of Central America, Haiti and the Dominican 
     Republic in subchapter A shall be subject to the regular 
     notification procedures of the Committees on Appropriations 
     and section 634A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2394-1).
       (e) Spending Plan.--Not later than 45 days after enactment 
     of this Act the Secretary of State shall submit to the 
     Committees on Appropriations a detailed spending plan for 
     funds appropriated or otherwise made available for the 
     countries of Central America, Haiti and the Dominican 
     Republic in subchapter A, which shall include a strategy for 
     combating drug trafficking and related violence and organized 
     crime, judicial reform, preventing corruption, and 
     strengthening the rule of law, with concrete goals, actions 
     to be taken, budget proposals and anticipated results.
       (f) Consultation.--Not later than 90 days after the date of 
     enactment of this Act and every 120 days thereafter until 
     September 30, 2010, the Secretary of State shall consult with 
     internationally recognized human rights organizations, and 
     human rights organizations in the countries of Central 
     America, Haiti and the Dominican Republic receiving 
     assistance pursuant to this section, on progress in meeting 
     the requirements described in subsection (b).
       (g) Definition.--For the purposes of this section, the term 
     ``countries of Central America'' means Belize, Costa Rica, El 
     Salvador, Guatemala, Honduras, Nicaragua, and Panama.


                          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

[[Page 13073]]

     Programs Appropriations Act, 2008 (division J of Public Law 
     110-161) that were previously transferred to and merged with 
     ``Diplomatic and Consular Programs'' may be made available 
     for any purposes authorized for that account, of which up to 
     $500,000 shall be made available to increase the capacity of 
     the United States Embassy in Mexico City to vet members and 
     units of Mexican military and police forces that receive 
     assistance made available by this Act and to monitor the uses 
     of such assistance.
       (d) Reimbursements.--Any agreement for the transfer or 
     allocation of funds appropriated by this Act, or prior Acts, 
     entered into between the United States Agency for 
     International Development and another agency of the United 
     States Government under the authority of section 632(a) of 
     the Foreign Assistance Act of 1961 or any comparable 
     provision of law, shall include the provision of sufficient 
     funds to fully reimburse the United States Agency for 
     International Development for the administrative costs, 
     including the cost of direct hire personnel, incurred in 
     implementing and managing the programs and activities under 
     such transfer or allocation. Such funds transferred or 
     allocated to the United States Agency for International 
     Development for administrative costs shall be transferred to 
     and merged with ``Operating Expenses of the United States 
     Agency for International Development''.
       (e) Exception.--Section 8002 of title VIII of this Act 
     shall not apply to this section.
       (f) Spending Authority.--Funds made available by this 
     chapter may be expended notwithstanding section 699K of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2008 (division J of Public Law 110-161).


                    BUYING POWER MAINTENANCE ACCOUNT

                     (including transfer of funds)

       Sec. 1408. (a) Of the funds appropriated under the heading 
     ``Diplomatic and Consular Programs'' and allocated by section 
     3810 of the U.S. Troop Readiness, Veterans' Care, Katrina 
     Recovery, and Iraq Accountability Appropriations Act, 2007 
     (Public Law 110-28), $26,000,000 shall be transferred to and 
     merged with funds in the ``Buying Power Maintenance 
     Account'': Provided, That of the funds made available by this 
     chapter up to an additional $74,000,000 may be transferred to 
     and merged with the ``Buying Power Maintenance Account'', 
     subject to the regular notification procedures of the 
     Committees on Appropriations and in accordance with the 
     procedures in section 34 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2706). Any funds 
     transferred pursuant to this section shall be available, 
     without fiscal year limitation, pursuant to section 24 of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2696).
       (b) Section 24(b)(7) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by 
     amending subparagraph (D) to read as follows:
       ``(D) The authorities contained in this paragraph may be 
     exercised only with respect to funds appropriated or 
     otherwise made available after fiscal year 2008.''.


                                 SERBIA

       Sec. 1409. (a) Of the funds made available for assistance 
     for Serbia under the heading ``Assistance for Eastern Europe 
     and the Baltic States'' by title III of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2008 (division J of Public Law 110-161), 
     an amount equivalent to the costs of damage to the United 
     States Embassy in Belgrade, Serbia, as estimated by the 
     Secretary of State, resulting from the February 21, 2008 
     attack on such Embassy, shall be transferred to, and merged 
     with, funds provided under the heading ``Embassy Security, 
     Construction, and Maintenance'' to be used for necessary 
     repairs or future construction.
       (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'',

[[Page 13074]]

     ``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 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.--

[[Page 13075]]

       ``(A) In general.--In each calendar year beginning after 
     the calendar year of the completion of the Russian HEU 
     Agreement and before the termination date described in 
     paragraph (8), the importation into the United States of low-
     enriched uranium, including low-enriched uranium obtained 
     under contracts for separative work units, that is produced 
     in the Russian Federation, whether or not such low-enriched 
     uranium is derived from highly enriched uranium of weapons 
     origin, may not exceed 400,000 kilograms.
       ``(B) Additional imports.--
       ``(i) In general.--In addition to the amount authorized to 
     be imported under subparagraph (A) and except as provided in 
     clause (ii), 20 kilograms of low-enriched uranium, whether or 
     not such low-enriched uranium is derived from highly enriched 
     uranium of weapons origin, may be imported for every 3 
     kilograms of Russian highly enriched uranium of weapons 
     origin that was downblended in the preceding calendar year, 
     subject to the verification of the Secretary of Energy under 
     paragraph (10).
       ``(ii) Maximum annual imports.--Not more than 200,000 
     kilograms of low-enriched uranium may be imported in a 
     calendar year under clause (i).
       ``(3) Exception with respect to initial cores.--The import 
     limitations described in paragraphs (1) and (2) shall not 
     apply to low-enriched uranium produced in the Russian 
     Federation that is imported into the United States for use in 
     the initial core of a new nuclear reactor.
       ``(4) Annual adjustment.--
       ``(A) In general.--Beginning in the second calendar year 
     after the calendar year of the completion of the Russian HEU 
     Agreement, the Secretary of Energy shall increase or decrease 
     the amount of low-enriched uranium that may be imported in a 
     calendar year under paragraph (2) (including the amount of 
     low-enriched uranium that may be imported for each kilogram 
     of highly enriched uranium downblended under paragraph 
     (2)(B)(i)) by a percentage equal to the percentage increase 
     or decrease, as the case may be, in the average amount of 
     uranium loaded into nuclear power reactors in the United 
     States in the most recent 3-calendar-year period for which 
     data are available, as reported by the Energy Information 
     Administration of the Department of Energy, compared to the 
     average amount of uranium loaded into such reactors during 
     the 3-calendar-year period beginning on January 1, 2011, as 
     reported by the Energy Information Administration.
       ``(B) Publication of adjustments.--As soon as practicable, 
     but not later than July 31 of each calendar year, the 
     Secretary of Energy shall publish in the Federal Register the 
     amount of low-enriched uranium that may be imported in the 
     current calendar year after the adjustment under subparagraph 
     (A).
       ``(5) Authority for additional adjustment.--In addition to 
     the annual adjustment under paragraph (4), the Secretary of 
     Commerce may adjust the import limitations under paragraph 
     (2)(A) for a calendar year if the Secretary--
       ``(A) in consultation with the Secretary of Energy, 
     determines that the available supply of low-enriched uranium 
     from the Russian Federation and the available stockpiles of 
     uranium of the Department of Energy are insufficient to meet 
     demand in the United States in the following calendar year; 
     and
       ``(B) notifies Congress of the adjustment not less than 45 
     days before making the adjustment.
       ``(6) Equivalent quantities of low-enriched uranium 
     imports.--
       ``(A) In general.--The import limitations described in 
     paragraphs (1) and (2) are expressed in terms of uranium 
     containing 4.4 percent uranium-235 and a tails assay of 0.3 
     percent.
       ``(B) Adjustment for other uranium.--Imports of low-
     enriched uranium under paragraphs (1) and (2) shall count 
     against the import limitations described in such paragraphs 
     in amounts calculated as the quantity of low-enriched uranium 
     containing 4.4 percent uranium- 235 necessary to equal the 
     total amount of uranium-235 contained in such imports.
       ``(7) Downblending of other highly enriched uranium.--
       ``(A) In general.--The downblending of highly enriched 
     uranium not of weapons origin may be counted for purposes of 
     paragraph (2)(B) or (8)(B), subject to verification under 
     paragraph (10), if the Secretary of Energy determines that 
     the highly enriched uranium to be downblended poses a risk to 
     the national security of the United States.
       ``(B) Equivalent quantities of highly enriched uranium.--
     For purposes of determining the additional low-enriched 
     uranium imports allowed under paragraph (2)(B) and for 
     purposes of paragraph (8)(B), highly enriched uranium not of 
     weapons origin downblended pursuant to subparagraph (A) shall 
     count as downblended highly enriched uranium of weapons 
     origin in amounts calculated as the quantity of highly 
     enriched uranium containing 90 percent uranium-235 necessary 
     to equal the total amount of uranium-235 contained in the 
     highly enriched 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.

[[Page 13076]]



                     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.

                               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

[[Page 13077]]

     project; $397,000,000 shall be used for the Homeowners 
     Assistance and Relocation project; and $9,000,000 shall be 
     used for the Forrest Heights Hurricane and Storm Damage 
     Reduction project: Provided further, That none of this 
     $604,745,000 shall become available for obligation until 
     October 1, 2008: Provided further, That these projects shall 
     be initiated only after non-Federal interests have entered 
     into binding agreements with the Secretary requiring the non-
     Federal interests to pay 100 percent of the operation, 
     maintenance, repair, replacement, and rehabilitation costs of 
     the project and to hold and save the United States free from 
     damages due to the construction or operation and maintenance 
     of the project, except for damages due to the fault or 
     negligence of the United States or its contractors: Provided 
     further, That the $211,661,000 non-Federal cost share for 
     these projects shall be repaid in accordance with the 
     provisions of section 103(k) of Public Law 99-662 over a 
     period of 30 years: Provided further, That the expenditure of 
     funds as provided above may be made without regard to 
     individual amounts or purposes except that any reallocation 
     of funds that are necessary to accomplish the established 
     goals are authorized, subject to the approval of the House 
     and Senate Committees on Appropriations: Provided further, 
     That the Secretary of the Army is directed to use $66,600,000 
     of the funds appropriated under this heading to address 
     emergency situations at Corps of Engineers projects and 
     rehabilitate and repair damages to Corps projects caused by 
     recent natural disasters: Provided further, That the Chief of 
     Engineers, acting through the Assistant Secretary of the Army 
     for Civil Works, shall provide a monthly report to the House 
     and Senate Committees on Appropriations detailing the 
     allocation and obligation of these funds, beginning not later 
     than 60 days after enactment of this Act.


                   MISSISSIPPI RIVER AND TRIBUTARIES

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


                       OPERATIONS AND MAINTENANCE

       For an additional amount for ``Operations and Maintenance'' 
     to dredge navigation channels and repair other Corps projects 
     related to natural disasters, $338,800,000, to remain 
     available until expended: Provided, That the Chief of 
     Engineers, acting through the Assistant Secretary of the Army 
     for Civil Works, shall provide a monthly report to the House 
     and Senate Committees on Appropriations detailing the 
     allocation and obligation of these funds, beginning not later 
     than 60 days after enactment of this Act.


                 FLOOD CONTROL AND COASTAL EMERGENCIES

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', as authorized by section 5 of the Act of 
     August 18, 1941 (33 U.S.C. 701n), for necessary expenses 
     relating to the consequences of Hurricane Katrina and other 
     hurricanes, and for recovery from other natural disasters, 
     $3,368,400,000, to remain available until expended: Provided, 
     That the Secretary of the Army is directed to use 
     $2,926,000,000 of the funds appropriated under this heading 
     to modify, at full Federal expense, authorized projects in 
     southeast Louisiana to provide hurricane and storm damage 
     reduction and flood damage reduction in the greater New 
     Orleans and surrounding areas; $704,000,000 shall be used to 
     modify the 17th Street, Orleans Avenue, and London Avenue 
     drainage canals and install pumps and closure structures at 
     or near the lakefront; $90,000,000 shall be used for storm-
     proofing interior pump stations to ensure the operability of 
     the stations during hurricanes, storms, and high water 
     events; $459,000,000 shall be used for armoring critical 
     elements of the New Orleans hurricane and storm damage 
     reduction system; $53,000,000 shall be used to improve 
     protection at the Inner Harbor Navigation Canal; $456,000,000 
     shall be used to replace or modify certain non-Federal levees 
     in Plaquemines Parish to incorporate the levees into the 
     existing New Orleans to Venice hurricane protection project; 
     $412,000,000 shall be used for reinforcing or replacing flood 
     walls, as necessary, in the existing Lake Pontchartrain and 
     Vicinity project and the existing West Bank and Vicinity 
     project to improve the performance of the systems; 
     $393,000,000 shall be used for repair and restoration of 
     authorized protections and floodwalls; $359,000,000 shall be 
     to complete the authorized protection for the Lake 
     Ponchartrain and Vicinity Project and for the West Bank and 
     Vicinity Project: Provided further, That none of this 
     $2,926,000,000 shall become available for obligation until 
     October 1, 2008: Provided further, That any project using 
     funds appropriated under this heading shall be initiated only 
     after non-Federal interests have entered into binding 
     agreements with the Secretary requiring the non-Federal 
     interests to pay 100 percent of the operation, maintenance, 
     repair, replacement, and rehabilitation costs of the project 
     and to hold and save the United States free from damages due 
     to the construction or operation and maintenance of the 
     project, except for damages due to the fault or negligence of 
     the United States or its contractors: Provided further, That 
     the Secretary of the Army, within available funds, is 
     directed to continue the NEPA alternative evaluation of all 
     options with particular attention to Options 1, 2 and 2a of 
     the report to Congress, dated August 30, 2007, provided in 
     response to the requirements of chapter 3, section 4303 of 
     Public Law 110-28, and within 90 days of enactment of this 
     Act provide the House and Senate Committees on Appropriations 
     cost estimates to implement Options 1, 2 and 2a of the above 
     cited report: Provided further, That the expenditure of funds 
     as provided above may be made without regard to individual 
     amounts or purposes except that any reallocation of funds 
     that are necessary to accomplish the established goals are 
     authorized, subject to the approval of the House and Senate 
     Committees on Appropriations: Provided further, That 
     $348,000,000 of the amount provided under this heading shall 
     be used for barrier island restoration and ecosystem 
     restoration to restore historic levels of storm damage 
     reduction to the Mississippi Gulf Coast: Provided further, 
     That none of this $348,000,000 shall become available for 
     obligation until October 1, 2008: Provided further, That this 
     work shall be carried out at full Federal expense: Provided 
     further, That the Secretary of the Army is directed to use 
     $94,400,000 of the funds appropriated under this heading to 
     support emergency operations, to repair eligible projects 
     nationwide, and for other activities in response to recent 
     natural disasters: Provided further, That the Chief of 
     Engineers, acting through the Assistant Secretary of the Army 
     for Civil Works, shall provide a monthly report to the House 
     and Senate Committees on Appropriations detailing the 
     allocation and obligation of these funds, beginning not later 
     than 60 days after enactment of this Act.


                            GENERAL EXPENSES

       For an additional amount for ``General Expenses'' for 
     increased efforts by the Mississippi Valley Division to 
     oversee emergency response and recovery activities related to 
     the consequences of hurricanes in the Gulf of Mexico in 2005, 
     $1,500,000, to remain available until expended.

                               CHAPTER 4

                    GENERAL 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

[[Page 13078]]

     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.

                       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.

[[Page 13079]]

``3318. Additional assistance: relocation or travel assistance for 
              individual relocating or traveling significant distance 
              for pursuit of a program of education.

              ``subchapter iii--administrative provisions

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

                      ``SUBCHAPTER I--DEFINITIONS

     ``Sec. 3301. Definitions

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

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

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

       ``(a) Entitlement.--Subject to subsections (d) and (e), 
     each individual described in subsection (b) is entitled to 
     educational assistance under this chapter.
       ``(b) Covered Individuals.--An individual described in this 
     subsection is any individual as follows:
       ``(1) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 36 months on active duty in the Armed 
     Forces (including service on active duty in entry level and 
     skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty; or
       ``(ii) is discharged or released from active duty as 
     described in subsection (c).
       ``(2) An individual who--
       ``(A) commencing on or after September 11, 2001, serves at 
     least 30 continuous days on active duty in the Armed Forces; 
     and
       ``(B) after completion of service described in subparagraph 
     (A), is discharged or released from active duty in the Armed 
     Forces for a service-connected disability.
       ``(3) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 30 months, but less than 36 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 36 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 36 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(4) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 24 months, but less than 30 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 30 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 30 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(5) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 18 months, but less than 24 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 24 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 24 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(6) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 12 months, but less than 18 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 18 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 18 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(7) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 6 months, but less than 12 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 12 months; or
       ``(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

[[Page 13080]]

     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 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

[[Page 13081]]

     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.
       ``(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

[[Page 13082]]

     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 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.

[[Page 13083]]

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

       (I) the numerator of which is--

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

       (II) the denominator of which is 36 months.

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

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

       (a) Educational Assistance Based on Three-Year Period of 
     Obligated Service.--Subsection (a)(1) of section 3015 of 
     title 38, United States Code, is amended--
       (1) by striking subparagraphs (A) through (C) and inserting 
     the following new subparagraph:
       ``(A) for months occurring during the period beginning on 
     August 1, 2008, and ending on the last day of fiscal year 
     2009, $1,321; and''; and
       (2) by redesignating subparagraph (D) as subparagraph (B).
       (b) Educational Assistance Based on Two-Year Period of 
     Obligated Service.--Subsection (b)(1) of such section is 
     amended--
       (1) by striking subparagraphs (A) through (C) and inserting 
     the following new subparagraph:
       ``(A) for months occurring during the period beginning on 
     August 1, 2008, and ending on the last day of fiscal year 
     2009, $1,073; and''; and
       (2) by redesignating subparagraph (D) as subparagraph (B).
       (c) Modification of Mechanism for Cost-of-Living 
     Adjustments.--Subsection (h)(1) of such section is amended by 
     striking subparagraphs (A) and (B) and inserting the 
     following new subparagraphs:
       ``(A) the average cost of undergraduate tuition in the 
     United States, as determined by the National Center for 
     Education Statistics, for the last academic year preceding 
     the beginning of the fiscal year for which the increase is 
     made, exceeds
       ``(B) the average cost of undergraduate tuition in the 
     United States, as so determined, for the academic year 
     preceding the academic year described in subparagraph (A).''.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on August 1, 2008.
       (2) No cost-of-living adjustment for fiscal year 2009.--The 
     adjustment required by subsection (h) of section 3015 of 
     title 38, United States Code (as amended by this section), in 
     rates of basic educational assistance payable under 
     subsections (a) and (b) of such section (as so amended) shall 
     not be made for fiscal year 2009.

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

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

              TITLE V--EMERGENCY UNEMPLOYMENT COMPENSATION


                        federal-state agreements

       Sec. 5001.  (a) In General.--Any State which desires to do 
     so may enter into and participate in an agreement under this 
     title with the Secretary of Labor (in this title referred to 
     as the ``Secretary''). Any State which is a party to an 
     agreement under this title may, upon providing 30 days 
     written notice to the Secretary, terminate such agreement.
       (b) Provisions of Agreement.--Any agreement under 
     subsection (a) shall provide that the State agency of the 
     State will make payments of emergency unemployment 
     compensation to individuals who--
       (1) have exhausted all rights to regular compensation under 
     the State law or under Federal law with respect to a benefit 
     year (excluding any benefit year that ended before May 1, 
     2007);
       (2) have no rights to regular compensation or extended 
     compensation with respect to a week under such law or any 
     other State unemployment compensation law or to compensation 
     under any other Federal law (except as provided under 
     subsection (e)); and
       (3) are not receiving compensation with respect to such 
     week under the unemployment compensation law of Canada.
       (c) Exhaustion of Benefits.--For purposes of subsection 
     (b)(1), an individual shall be deemed to have exhausted such 
     individual's rights to regular compensation under a State law 
     when--
       (1) no payments of regular compensation can be made under 
     such law because such individual has received all regular 
     compensation available to such individual based on employment 
     or wages during such individual's base period; or
       (2) such individual's rights to such compensation have been 
     terminated by reason of the expiration of the benefit year 
     with respect to which such rights existed.
       (d) Weekly Benefit Amount, Etc.--For purposes of any 
     agreement under this title--
       (1) the amount of emergency unemployment compensation which 
     shall be payable to any individual for any week of total 
     unemployment shall be equal to the amount of 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

[[Page 13084]]

     compensation account is established under section 5002 shall 
     not exceed the amount established in such account for such 
     individual.
       (e) Election by States.--Notwithstanding any other 
     provision of Federal law (and if State law permits), the 
     Governor of a State that is in an extended benefit period may 
     provide for the payment of emergency unemployment 
     compensation prior to extended compensation to individuals 
     who otherwise meet the requirements of this section.


              emergency unemployment compensation account

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

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


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

       Sec. 5003.  (a) General Rule.--There shall be paid to each 
     State that has entered into an agreement under this title an 
     amount equal to 100 percent of the emergency unemployment 
     compensation paid to individuals by the State pursuant to 
     such agreement.
       (b) Treatment of Reimbursable Compensation.--No payment 
     shall be made to any State under this section in respect of 
     any compensation to the extent the State is entitled to 
     reimbursement in respect of such compensation under the 
     provisions of any Federal law other than this title or 
     chapter 85 of title 5, United States Code. A State shall not 
     be entitled to any reimbursement under such chapter 85 in 
     respect of any compensation to the extent the State is 
     entitled to reimbursement under this title in respect of such 
     compensation.
       (c) Determination of Amount.--Sums payable to any State by 
     reason of such State having an agreement under this title 
     shall be payable, either in advance or by way of 
     reimbursement (as may be determined by the Secretary), in 
     such amounts as the Secretary estimates the State will be 
     entitled to receive under this title for each calendar month, 
     reduced or increased, as the case may be, by any amount by 
     which the Secretary finds that the Secretary's estimates for 
     any prior calendar month were greater or less than the 
     amounts which should have been paid to the State. Such 
     estimates may be made on the basis of such statistical, 
     sampling, or other method as may be agreed upon by the 
     Secretary and the State agency of the State involved.


                          financing provisions

       Sec. 5004.  (a) In General.--Funds in the extended 
     unemployment compensation account (as established by section 
     905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the 
     Unemployment Trust Fund (as established by section 904(a) of 
     such Act (42 U.S.C. 1104(a)) shall be used for the making of 
     payments to States having agreements entered into under this 
     title.
       (b) Certification.--The Secretary shall from time to time 
     certify to the Secretary of the Treasury for payment to each 
     State the sums payable to such State under this title. The 
     Secretary of the Treasury, prior to audit or settlement by 
     the Government Accountability Office, shall make payments to 
     the State in accordance with such certification, by transfers 
     from the extended unemployment compensation account (as so 
     established) to the account of such State in the Unemployment 
     Trust Fund (as so established).
       (c) Assistance to States.--There are appropriated out of 
     the employment security administration account (as 
     established by section 901(a) of the Social Security Act (42 
     U.S.C. 1101(a)) of the Unemployment Trust Fund, without 
     fiscal year limitation, such funds as may be necessary for 
     purposes of assisting States (as provided in title III of the 
     Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 
     costs of administration of agreements under this title.
       (d) Appropriations for Certain Payments.--There are 
     appropriated from the general fund of the Treasury, without 
     fiscal year limitation, to the extended unemployment 
     compensation account (as so established) of the Unemployment 
     Trust Fund (as so established) such sums as the Secretary 
     estimates to be necessary to make the payments under this 
     section in respect of--
       (1) compensation payable under chapter 85 of title 5, 
     United States Code; and
       (2) compensation payable on the basis of services to which 
     section 3309(a)(1) of the Internal Revenue Code of 1986 
     applies.
     Amounts appropriated pursuant to the preceding sentence shall 
     not be required to be repaid.


                         fraud and overpayments

       Sec. 5005.  (a) In General.--If an individual knowingly has 
     made, or caused to be made by another, a false statement or 
     representation of a material fact, or knowingly has failed, 
     or caused another to fail, to disclose a material fact, and 
     as a result of such false statement or representation or of 
     such nondisclosure such individual has received an amount of 
     emergency unemployment compensation under this title to which 
     such individual was not entitled, such individual--
       (1) shall be ineligible for further emergency unemployment 
     compensation under this title in accordance with the 
     provisions of the applicable State unemployment compensation 
     law relating to fraud in connection with a claim for 
     unemployment compensation; and
       (2) shall be subject to prosecution under section 1001 of 
     title 18, United States Code.
       (b) Repayment.--In the case of individuals who have 
     received amounts of emergency unemployment compensation under 
     this title to which they were not entitled, the State shall 
     require such individuals to repay the amounts of such 
     emergency unemployment compensation to the State agency, 
     except that the State agency may waive such repayment if it 
     determines that--
       (1) the payment of such emergency unemployment compensation 
     was without fault on the part of any such individual; and
       (2) such repayment would be contrary to equity and good 
     conscience.
       (c) Recovery by State Agency.--
       (1) In general.--The State agency may recover the amount to 
     be repaid, or any part thereof, by deductions from any 
     emergency unemployment compensation payable to such 
     individual under this title or from any unemployment 
     compensation payable to such individual under any State or 
     Federal unemployment compensation law administered by the 
     State agency or under any other State or Federal law 
     administered by the State agency which provides for the 
     payment of any assistance or allowance with respect to any 
     week of unemployment, during the 3-year period after the date 
     such individuals received the payment of the emergency 
     unemployment compensation to which they were not entitled, 
     except that no single deduction may exceed 50 percent of the 
     weekly benefit amount from which such deduction is made.
       (2) Opportunity for hearing.--No repayment shall be 
     required, and no deduction shall be made, until a 
     determination has been made, notice thereof and an 
     opportunity for a fair hearing has been given to the 
     individual, and the determination has become final.
       (d) Review.--Any determination by a State agency under this 
     section shall be subject to review in the same manner and to 
     the same extent as determinations under the State 
     unemployment compensation law, and only in that manner and to 
     that extent.


                              definitions

       Sec. 5006.  In this title, the terms ``compensation'', 
     ``regular compensation'', ``extended compensation'', 
     ``benefit year'', ``base period'', ``State'', ``State 
     agency'', ``State law'', and ``week'' have the respective 
     meanings given such terms under section 205 of the Federal-
     State Extended Unemployment Compensation Act of 1970 (26 
     U.S.C. 3304 note).


                             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

[[Page 13085]]

     of such last week (as so determined), then section 5002(c) 
     shall not apply and such account shall not be augmented under 
     such section, regardless of whether such individual's State 
     is in an extended benefit period (as determined under 
     paragraph (2) of such section).
       (3) Limit on compensation.--No compensation shall be 
     payable by reason of paragraph (1) for any week beginning 
     after June 30, 2009.

                     TITLE VI--OTHER HEALTH MATTERS

       Sec. 6001. (a) Moratoria on Certain Medicaid Regulations.--
       (1) Extension of certain moratoria in public law 110-28.--
     Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' 
     Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28) is amended--
       (A) by striking ``prior to the date that is 1 year after 
     the date of enactment of this Act'' and inserting ``prior to 
     April 1, 2009'';
       (B) in subparagraph (A), by inserting after ``Federal 
     Regulations)'' the following: ``or in the final regulation, 
     relating to such parts, published on May 29, 2007 (72 Federal 
     Register 29748)''; and
       (C) in subparagraph (C), by inserting before the period at 
     the end the following: ``, including the proposed regulation 
     published on May 23, 2007 (72 Federal Register 28930)''.
       (2) Extension of certain moratoria in public law 110-173.--
     Section 206 of the Medicare, Medicaid, and SCHIP Extension 
     Act of 2007 (Public Law 110-173) is amended--
       (A) by striking ``June 30, 2008'' and inserting ``April 1, 
     2009'';
       (B) by inserting ``, including the proposed regulation 
     published on August 13, 2007 (72 Federal Register 45201),'' 
     after ``rehabilitation services''; and
       (C) by inserting ``, including the final regulation 
     published on December 28, 2007 (72 Federal Register 73635),'' 
     after ``school-based transportation''.
       (3) Moratorium on interim final medicaid regulation 
     relating to optional case management and targeted case 
     management services.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services shall not, 
     prior to April 1, 2009, finalize, implement, enforce, or 
     otherwise take any action (through promulgation of 
     regulation, issuance of regulatory guidance, use of Federal 
     payment audit procedures, or other administrative action, 
     policy, or practice, including a Medical Assistance Manual 
     transmittal or letter to State Medicaid directors) to impose 
     any restrictions relating to the interim final regulation 
     relating to optional State plan case management services and 
     targeted case management services under the Medicaid program 
     published on December 4, 2007 (72 Federal Register 68077) in 
     its entirety.
       (4) Additional moratoria.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services shall not, 
     prior to April 1, 2009, take any action (through promulgation 
     of regulation, issuance of regulatory guidance, use of 
     Federal payment audit procedures, or other administrative 
     action, policy, or practice, including a Medical Assistance 
     Manual transmittal or letter to State Medicaid directors) to 
     impose any restrictions relating to a provision described in 
     subparagraph (B) or (C) if such restrictions are more 
     restrictive in any aspect than those applied to the 
     respective provision as of the date specified in subparagraph 
     (D) for such provision.
       (B) Proposed regulation relating to redefinition of 
     medicaid outpatient hospital services.--The provision 
     described in this subparagraph is the proposed regulation 
     relating to clarification of outpatient clinic and hospital 
     facility services definition and upper payment limit under 
     the Medicaid program published on September 28, 2007 (72 
     Federal Register 55158) in its entirety.
       (C) Portion of proposed regulation relating to medicaid 
     allowable provider taxes.--
       (i) In general.--Subject to clause (ii), the provision 
     described in this subparagraph is the final regulation 
     relating to health-care-related taxes under the Medicaid 
     program published on February 22, 2008 (73 Federal Register 
     9685) in its entirety.
       (ii) Exception.--The provision described in this 
     subparagraph does not include the portions of such regulation 
     as relate to the following:

       (I) Reduction in threshold.--The reduction from 6 percent 
     to 5.5 percent in the threshold applied under section 
     433.68(f)(3)(i) of title 42, Code of Federal Regulations, for 
     determining whether or not there is an indirect guarantee to 
     hold a taxpayer harmless, as required to carry out section 
     1903(w)(4)(C)(ii) of the Social Security Act, as added by 
     section 403 of the Medicare Improvement and Extension Act of 
     2006 (division B of Public Law 109-432).
       (II) Change in definition of managed care.--The change in 
     the definition of managed care as proposed in the revision of 
     section 433.56(a)(8) of title 42, Code of Federal 
     Regulations, as required to carry out section 
     1903(w)(7)(A)(viii) of the Social Security Act, as amended by 
     section 6051 of the Deficit Reduction Act of 2005 (Public Law 
     109-171).

       (D) Date specified.--The date specified in this 
     subparagraph for the provision described in--
       (i) subparagraph (B) is September 27, 2007; or
       (ii) subparagraph (C) is February 21, 2008.
       (b) Restoration of Access to Nominal Drug Pricing for 
     Certain Clinics and Health Centers.--
       (1) In general.--Section 1927(c)(1)(D) of the Social 
     Security Act (42 U.S.C. Sec. 1396r-8(c)(1)(D)), as added by 
     section 6001(d)(2) of the Deficit Reduction Act of 2005 
     (Public Law 109-171), is amended--
       (A) in clause (i)--
       (i) by redesignating subclause (IV) as subclause (VI); and
       (ii) by inserting after subclause (III) the following:

       ``(IV) An entity that--

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

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

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


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

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

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

       ``(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

[[Page 13086]]

     (within the meaning of section 1101(2) of such Act) held by 
     the institution with respect to the applicant or recipient 
     (and such other person, as applicable), whenever the State 
     determines the record is needed in connection with a 
     determination with respect to such eligibility for (or the 
     amount or extent of) such medical assistance; and
       ``(B) uses the authorization provided under subparagraph 
     (A) to verify the financial resources of such applicant or 
     recipient (and such other person, as applicable), in order to 
     determine or redetermine the eligibility of such applicant or 
     recipient for medical assistance under the State plan.
       ``(2) Program described.--A program described in this 
     paragraph is a program for verifying individual assets in a 
     manner consistent with the approach used by the Commissioner 
     of Social Security under section 1631(e)(1)(B)(ii).
       ``(c) Duration of Authorization.--Notwithstanding section 
     1104(a)(1) of the Right to Financial Privacy Act of 1978, an 
     authorization provided to a State under subsection (b)(1)(A) 
     shall remain effective until the earliest of--
       ``(1) the rendering of a final adverse decision on the 
     applicant's application for medical assistance under the 
     State's plan under this title;
       ``(2) the cessation of the recipient's eligibility for such 
     medical assistance; or
       ``(3) the express revocation by the applicant or recipient 
     (or such other person described in subsection (b)(1)(A), as 
     applicable) of the authorization, in a written notification 
     to the State.
       ``(d) Treatment of Right to Financial Privacy Act 
     Requirements.--
       ``(1) An authorization obtained by the State under 
     subsection (b)(1) shall be considered to meet the 
     requirements of the Right to Financial Privacy Act of 1978 
     for purposes of section 1103(a) of such Act, and need not be 
     furnished to the financial institution, notwithstanding 
     section 1104(a) of such Act.
       ``(2) The certification requirements of section 1103(b) of 
     the Right to Financial Privacy Act of 1978 shall not apply to 
     requests by the State pursuant to an authorization provided 
     under subsection (b)(1).
       ``(3) A request by the State pursuant to an authorization 
     provided under subsection (b)(1) is deemed to meet the 
     requirements of section 1104(a)(3) of the Right to Financial 
     Privacy Act of 1978 and of section 1102 of such Act, relating 
     to a reasonable description of financial records.
       ``(e) Required Disclosure.--The State shall inform any 
     person who provides authorization pursuant to subsection 
     (b)(1)(A) of the duration and scope of the authorization.
       ``(f) Refusal or Revocation of Authorization.--If an 
     applicant for, or recipient of, medical assistance under the 
     State plan under this title (or such other person described 
     in subsection (b)(1)(A), as applicable) refuses to provide, 
     or revokes, any authorization made by the applicant or 
     recipient (or such other person, as applicable) under 
     subsection (b)(1)(A) for the State to obtain from any 
     financial institution any financial record, the State may, on 
     that basis, determine that the applicant or recipient is 
     ineligible for medical assistance.
       ``(g) Use of Contractor.--For purposes of implementing an 
     asset verification program under this section, a State may 
     select and enter into a contract with a public or private 
     entity meeting such criteria and qualifications as the State 
     determines appropriate, consistent with requirements in 
     regulations relating to general contracting provisions and 
     with section 1903(i)(2). In carrying out activities under 
     such contract, such an entity shall be subject to the same 
     requirements and limitations on use and disclosure of 
     information as would apply if the State were to carry out 
     such activities directly.
       ``(h) Technical Assistance.--The Secretary shall provide 
     States with technical assistance to aid in implementation of 
     an asset verification program under this section.
       ``(i) Reports.--A State implementing an asset verification 
     program under this section shall furnish to the Secretary 
     such reports concerning the program, at such times, in such 
     format, and containing such information as the Secretary 
     determines appropriate.
       ``(j) Treatment of Program Expenses.--Notwithstanding any 
     other provision of law, reasonable expenses of States in 
     carrying out the program under this section shall be treated, 
     for purposes of section 1903(a), in the same manner as State 
     expenditures specified in paragraph (7) of such section.''.
       (2) State plan requirements.--Section 1902(a) of such Act 
     (42 U.S.C. 1396a(a)) is amended--
       (A) in paragraph (69) by striking ``and'' at the end;
       (B) in paragraph (70) by striking the period at the end and 
     inserting ``; and''; and
       (C) by inserting after paragraph (70), as so amended, the 
     following new paragraph:
       ``(71) provide that the State will implement an asset 
     verification program as required under section 1940.''.
       (3) Withholding of federal matching payments for 
     noncompliant states.--Section 1903(i) of such Act (42 U.S.C. 
     1396b(i)) is amended--
       (A) in paragraph (22) by striking ``or'' at the end;
       (B) in paragraph (23) by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding after paragraph (23) the following new 
     paragraph:
       ``(24) if a State is required to implement an asset 
     verification program under section 1940 and fails to 
     implement such program in accordance with such section, with 
     respect to amounts expended by such State for medical 
     assistance for individuals subject to asset verification 
     under such section, unless--
       ``(A) the State demonstrates to the Secretary's 
     satisfaction that the State made a good faith effort to 
     comply;
       ``(B) not later than 60 days after the date of a finding 
     that the State is in noncompliance, the State submits to the 
     Secretary (and the Secretary approves) a corrective action 
     plan to remedy such noncompliance; and
       ``(C) not later than 12 months after the date of such 
     submission (and approval), the State fulfills the terms of 
     such corrective action plan.''.
       (4) Repeal.--Section 4 of Public Law 110-90 is repealed.
       Sec. 6002. Limitation on Medicare Exception to the 
     Prohibition on Certain Physician Referrals for Hospitals.--
       (a) In General.--Section 1877 of the Social Security Act 
     (42 U.S.C. 1395nn) is amended--
       (1) in subsection (d)(2)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) in the case where the entity is a hospital, the 
     hospital meets the requirements of paragraph (3)(D).'';
       (2) in subsection (d)(3)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) the hospital meets the requirements described in 
     subsection (i)(1) not later than 18 months after the date of 
     the enactment of this subparagraph.''; and
       (3) by adding at the end the following new subsection:
       ``(i) Requirements for Hospitals To Qualify for Hospital 
     Exception to Ownership or Investment Prohibition.--
       ``(1) Requirements described.--For purposes of subsection 
     (d)(3)(D), the requirements described in this paragraph for a 
     hospital are as follows:
       ``(A) Provider agreement.--The hospital had--
       ``(i) physician ownership on September 1, 2008; and
       ``(ii) a provider agreement under section 1866 in effect on 
     such date.
       ``(B) Limitation on expansion of facility capacity.--Except 
     as provided in paragraph (3), the number of operating rooms, 
     procedure rooms, and beds of the hospital at any time on or 
     after the date of the enactment of this subsection are no 
     greater than the number of operating rooms, procedure rooms, 
     and beds as of such date.
       ``(C) Preventing conflicts of interest.--
       ``(i) The hospital submits to the Secretary an annual 
     report containing a detailed description of--

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

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

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

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

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

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

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

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

[[Page 13087]]

     to purchase other business interests related to the hospital, 
     including the purchase or lease of any property under the 
     control of other investors in the hospital or located near 
     the premises of the hospital.
       ``(vii) The hospital does not offer a physician owner the 
     opportunity to purchase or lease any property under the 
     control of the hospital or any other investor in the hospital 
     on more favorable terms than the terms offered to an 
     individual who is not a physician owner.
       ``(E) Patient safety.--
       ``(i) Insofar as the hospital admits a patient and does not 
     have any physician available on the premises to provide 
     services during all hours in which the hospital is providing 
     services to such patient, before admitting the patient--

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

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

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

       ``(F) Limitation on application to certain converted 
     facilities.--The hospital was not converted from an 
     ambulatory surgical center to a hospital on or after the date 
     of enactment of this subsection.
       ``(2) Publication of information reported.--The Secretary 
     shall publish, and update on an annual basis, the information 
     submitted by hospitals under paragraph (1)(C)(i) on the 
     public Internet website of the Centers for Medicare & 
     Medicaid Services.
       ``(3) Exception to prohibition on expansion of facility 
     capacity.--
       ``(A) Process.--
       ``(i) Establishment.--The Secretary shall establish and 
     implement a process under which an applicable hospital (as 
     defined in subparagraph (E)) may apply for an exception from 
     the requirement under paragraph (1)(B).
       ``(ii) Opportunity for community input.--The process under 
     clause (i) shall provide individuals and entities in the 
     community that the applicable hospital applying for an 
     exception is located with the opportunity to provide input 
     with respect to the application.
       ``(iii) Timing for implementation.--The Secretary shall 
     implement the process under clause (i) on November 1, 2009.
       ``(iv) Regulations.--Not later than November 1, 2009, the 
     Secretary shall promulgate regulations to carry out the 
     process under clause (i).
       ``(B) Frequency.--The process described in subparagraph (A) 
     shall permit an applicable hospital to apply for an exception 
     up to once every 2 years.
       ``(C) Permitted increase.--
       ``(i) In general.--Subject to clause (ii) and subparagraph 
     (D), an applicable hospital granted an exception under the 
     process described in subparagraph (A) may increase the number 
     of operating rooms, procedure rooms, and beds of the 
     applicable hospital above the baseline number of operating 
     rooms, procedure rooms, and beds of the applicable hospital 
     (or, if the applicable hospital has been granted a previous 
     exception under this paragraph, above the number of operating 
     rooms, procedure rooms, and beds of the hospital after the 
     application of the most recent increase under such an 
     exception).
       ``(ii) Lifetime 100 percent increase limitation.--The 
     Secretary shall not permit an increase in the number of 
     operating rooms, procedure rooms, and beds of an applicable 
     hospital under clause (i) to the extent such increase would 
     result in the number of operating rooms, procedure rooms, and 
     beds of the applicable hospital exceeding 200 percent of the 
     baseline number of operating rooms, procedure rooms, and beds 
     of the applicable hospital.
       ``(iii) Baseline number of operating rooms, procedure 
     rooms, and beds.--In this paragraph, the term `baseline 
     number of operating rooms, procedure rooms, and beds' means 
     the number of operating rooms, procedure rooms, and beds of 
     the applicable hospital as of the date of enactment of this 
     subsection.
       ``(D) Increase limited to facilities on the main campus of 
     the hospital.--Any increase in the number of operating rooms, 
     procedure rooms, and beds of an applicable hospital pursuant 
     to this paragraph may only occur in facilities on the main 
     campus of the applicable hospital.
       ``(E) Applicable hospital.--In this paragraph, the term 
     ``applicable hospital'' means a hospital--
       ``(i) that is located in a county in which the percentage 
     increase in the population during the most recent 5-year 
     period (as of the date of the application under subparagraph 
     (A)) is at least 150 percent of the percentage increase in 
     the population growth of the State in which the hospital is 
     located during that period, as estimated by Bureau of the 
     Census;
       ``(ii) whose annual percent of total inpatient admissions 
     that represent inpatient admissions under the program under 
     title XIX is equal to or greater than the average percent 
     with respect to such admissions for all hospitals located in 
     the county in which the hospital is located;
       ``(iii) that does not discriminate against beneficiaries of 
     Federal health care programs and does not permit physicians 
     practicing at the hospital to discriminate against such 
     beneficiaries;
       ``(iv) that is located in a State in which the average bed 
     capacity in the State is less than the national average bed 
     capacity; and
       ``(v) that has an average bed occupancy rate that is 
     greater than the average bed occupancy rate in the State in 
     which the hospital is located.
       ``(F) Procedure rooms.--In this subsection, the term 
     `procedure rooms' includes rooms in which catheterizations, 
     angiographies, angiograms, and endoscopies are performed, 
     except such term shall not include emergency rooms or 
     departments (exclusive of rooms in which catheterizations, 
     angiographies, angiograms, and endoscopies are performed).
       ``(G) Publication of final decisions.--Not later than 60 
     days after receiving a complete application under this 
     paragraph, the Secretary shall publish in the Federal 
     Register the final decision with respect to such application.
       ``(H) Limitation on review.--There shall be no 
     administrative or judicial review under section 1869, section 
     1878, or otherwise of the process under this paragraph 
     (including the establishment of such process).
       ``(4) Collection of ownership and investment information.--
     For purposes of subparagraphs (A)(i) and (D)(i) of paragraph 
     (1), the Secretary shall collect physician ownership and 
     investment information for each hospital.
       ``(5) Physician owner defined.--For purposes of this 
     subsection, the term `physician owner' means a physician (or 
     an immediate family member of such physician) with a direct 
     or an indirect ownership interest in the hospital.''.
       (b) Enforcement.--
       (1) Ensuring compliance.--The Secretary of Health and Human 
     Services shall establish policies and procedures to ensure 
     compliance with the requirements described in subsection 
     (i)(1) of section 1877 of the Social Security Act, as added 
     by subsection (a)(3), beginning on the date such requirements 
     first apply. Such policies and procedures may include 
     unannounced site reviews of hospitals.
       (2) Audits.--Beginning not later than January 1, 2010, the 
     Secretary of Health and Human Services shall conduct audits 
     to determine if hospitals violate the requirements referred 
     to in paragraph (1).
       Sec. 6003. Medicare Improvement Fund.--
       Title XVIII of the Social Security Act (42 U.S.C. 1395 et 
     seq.) is amended by adding at the end the following new 
     section:


                      ``medicare improvement fund

       ``Sec. 1898.  (a) Establishment.--The Secretary shall 
     establish under this title a Medicare Improvement Fund (in 
     this section referred to as the `Fund') which shall be 
     available to the Secretary to make improvements under the 
     original fee-for-service program under parts A and B for 
     individuals entitled to, or enrolled for, benefits under part 
     A or enrolled under part B.
       ``(b) Funding.--
       ``(1) In general.--There shall be available to the Fund, 
     for expenditures from the Fund for services furnished during 
     fiscal year 2014, $3,340,000,000.
       ``(2) Payment from trust funds.--The amount specified under 
     paragraph (1) shall be available to the Fund, as expenditures 
     are made from the Fund, from the Federal Hospital Insurance 
     Trust Fund and the Federal Supplementary Medical Insurance 
     Trust Fund in such proportion as the Secretary determines 
     appropriate.
       ``(3) Funding limitation.--Amounts in the Fund shall be 
     available in advance of appropriations but only if the total 
     amount obligated from the Fund does not exceed the amount 
     available to the Fund under paragraph (1). The Secretary may 
     obligate funds from the Fund only if the Secretary determines 
     (and the Chief Actuary of the Centers for Medicare & Medicaid 
     Services and the appropriate budget officer certify) that 
     there are available in the Fund sufficient amounts to cover 
     all such obligations incurred consistent with the previous 
     sentence.''.
       Sec. 6004. Moratorium on August 17, 2007 CMS Directive. 
     Notwithstanding any other provision of law, the Secretary of 
     Health and Human Services shall not, prior to April 1, 2009, 
     finalize, implement, enforce, or otherwise take any action to 
     give effect to any or all components of the State Health 
     Official Letter 07-001, dated August 17, 2007, issued by the 
     Director of the Center for Medicaid and State Operations in 
     the Centers for Medicare & Medicaid Services regarding 
     certain requirements under the State Children's Health 
     Insurance Program (CHIP) relating to the prevention of the 
     substitution of health benefits coverage for children 
     (commonly referred to as ``crowd-out'') and the enforcement 
     of medical support orders (or to any similar administrative 
     actions that reflect the same or similar policies set forth 
     in such letter). Any change made on or after August 17, 2007, 
     to a Medicaid or CHIP State plan or waiver to implement, 
     conform to, or otherwise adhere to the requirements or 
     policies in such letter shall not apply prior to April 1, 
     2009.
       Sec. 6005. Adjustment to PAQI Fund. Section 1848(l)(2) of 
     the Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended 
     by section 101(a)(2) of the Medicare, Medicaid, and SCHIP 
     Extension Act of 2007 (Public Law 110-173), is amended--
       (1) in subparagraph (A)(i)--
       (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

[[Page 13088]]

     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 13089]]

      $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

[[Page 13090]]

     this heading shall be available for diplomatic operations in 
     Iraq: Provided further, That of the funds appropriated under 
     this heading, not more than $30,000,000 shall be made 
     available to establish and implement a coordinated civilian 
     response capacity at the United States Department of State.

                      office of inspector general

                     (including transfer of funds)

        For an additional amount for ``Office of Inspector 
     General'', $9,500,000, to remain available until September 
     30, 2009: Provided, That $2,500,000 shall be transferred to 
     the Special Inspector General for Iraq Reconstruction for 
     reconstruction oversight, and $2,000,000 shall be transferred 
     to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight.

            embassy security, construction, and maintenance

        For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', $76,700,000, to remain 
     available until expended, for facilities in Afghanistan.

                      International Organizations

              contributions to international organizations

        For an additional amount for ``Contributions to 
     International Organizations'', $66,000,000, to remain 
     available until September 30, 2009.

        contributions for international peacekeeping activities

        For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $373,708,000, to 
     remain available until September 30, 2009, of which 
     $333,600,000 shall be made available for the United Nations-
     African Union Hybrid Mission in Darfur.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

        For an additional amount for ``International Broadcasting 
     Operations'', $2,000,000, to remain available until September 
     30, 2009.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

        For an additional amount for ``International Disaster 
     Assistance'', $220,000,000, to remain available until 
     expended.

   operating expenses of the united states agency for international 
                              development

        For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'', 
     $150,500,000, to remain available until September 30, 2009: 
     Provided, That of the funds appropriated under this heading, 
     not more than $25,000,000 shall be made available to 
     establish and implement a coordinated civilian response 
     capacity at the United States Agency for International 
     Development.

   operating expenses of the united states agency for international 
                development office of inspector general

        For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'', $4,000,000, to remain available until 
     September 30, 2009.

                  Other Bilateral Economic Assistance

                         economic support fund

        For an additional amount for ``Economic Support Fund'', 
     $1,882,500,000, to remain available until September 30, 2009, 
     of which not more than $424,000,000 may be made available for 
     assistance for Iraq, $175,000,000 shall be made available for 
     assistance for Jordan to meet the needs of Iraqi refugees, 
     and up to $53,000,000 may be made available for energy-
     related assistance for North Korea, notwithstanding any other 
     provision of law: Provided, That not more than $171,000,000 
     of the funds appropriated under this heading in this 
     subchapter shall be made available for assistance for the 
     West Bank and Gaza and none of such funds shall be for cash 
     transfer assistance: Provided further, That of the funds 
     appropriated under this heading, $1,000,000 shall be made 
     available for the Office of the United Nations High 
     Commissioner for Human Rights in Mexico: Provided further, 
     That the funds made available under this heading for energy-
     related assistance for North Korea may be made available to 
     support the goals of the Six Party Talks Agreements after the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that North Korea is continuing to fulfill 
     its commitments under such agreements.

                          Department of State

                             democracy fund

        For an additional amount for ``Democracy Fund'', 
     $76,000,000, to remain available until September 30, 2009, of 
     which $75,000,000 shall be for democracy programs in Iraq and 
     $1,000,000 shall be for democracy programs in Chad.

          international narcotics control and law enforcement

        For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $390,300,000, to remain 
     available until September 30, 2009, of which not more than 
     $25,000,000 shall be made available for security assistance 
     for the West Bank.

                    migration and refugee assistance

        For an additional amount for ``Migration and Refugee 
     Assistance'', $315,000,000, to remain available until 
     expended.

     united states emergency refugee and migration assistance fund

        For an additional amount for ``United States Emergency 
     Refugee and Migration Assistance Fund'', $31,000,000, to 
     remain available until expended.

    nonproliferation, anti-terrorism, demining and related programs

        For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $13,700,000, to 
     remain available until September 30, 2009.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   foreign military financing program

        For an additional amount for ``Foreign Military Financing 
     Program'', $137,500,000, to remain available until September 
     30, 2009, of which $17,000,000 shall be made available for 
     assistance for Jordan and up to $116,500,000 may be made 
     available for assistance for Mexico.
       Not more than $1,350,000 of the funds appropriated or 
     otherwise made available under the heading ``Foreign Military 
     Financing Program'' by the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008 
     (division J of Public Law 110-161) that were previously 
     transferred to and merged with ``Diplomatic and Consular 
     Programs'' may be made available for any purposes authorized 
     for that account, of which up to $500,000 shall be made 
     available to increase the capacity of the United States 
     Embassy in Mexico City to implement section 620J of the 
     Foreign Assistance Act of 1961: Provided, That funds made 
     available by this paragraph shall not be subject to Section 
     8002 of this Act.

 SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 
                                  2009

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

        For an additional amount for ``Diplomatic and Consular 
     Programs'', $704,900,000, which shall become available on 
     October 1, 2008, and remain available through September 30, 
     2009: Provided, That of the funds appropriated under this 
     heading, $78,400,000 is for worldwide security protection and 
     shall remain available until expended: Provided further, That 
     not more than $550,500,000 of the funds appropriated under 
     this heading shall be available for diplomatic operations in 
     Iraq.

                      office of inspector general

                     (including transfer of funds)

        For an additional amount for ``Office of Inspector 
     General'', $57,000,000, which shall become available on 
     October 1, 2008, and remain available through September 30, 
     2009: Provided, That $36,500,000 shall be transferred to the 
     Special Inspector General for Iraq Reconstruction for 
     reconstruction oversight and $5,000,000 shall be transferred 
     to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight.

            embassy security, construction, and maintenance

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

                      International Organizations

              contributions to international organizations

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

        contributions for international peacekeeping activities

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

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

        For an additional amount for ``International Broadcasting 
     Operations'', $6,000,000, which shall become available on 
     October 1, 2008, and remain available through September 30, 
     2009.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                    global health and child survival

        For an additional amount for ``Global Health and Child 
     Survival'', $75,000,000, which shall become available on 
     October 1, 2008, and remain available through September 30, 
     2009, for programs to combat avian influenza.

                         development assistance

        For an additional amount for ``Development Assistance'', 
     $200,000,000, for assistance for developing countries to 
     address the international food crisis notwithstanding any 
     other provision of law, which shall become available on 
     October 1, 2008, and remain

[[Page 13091]]

     available through September 30, 2010: Provided, That such 
     assistance should be carried out consistent with the purposes 
     of section 103(a)(1) of the Foreign Assistance Act of 1961: 
     Provided further, That not more than $50,000,000 should be 
     made available for local or regional purchase and 
     distribution of food: Provided further, That the Secretary of 
     State shall submit to the Committees on Appropriations not 
     later than 45 days after enactment of this Act, and prior to 
     the initial obligation of funds appropriated under this 
     heading, a report on the proposed uses of such funds to 
     alleviate hunger and malnutrition, including a list of those 
     countries facing significant food shortages.

                   international disaster assistance

        For an additional amount for ``International Disaster 
     Assistance'', $200,000,000, which shall become available on 
     October 1, 2008, and remain available until expended.

   operating expenses of the united states agency for international 
                              development

        For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'', 
     $93,000,000, which shall become available on October 1, 2008, 
     and remain available through September 30, 2009.

   operating expenses of the united states agency for international 
                development office of inspector general

        For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'', $1,000,000, which shall become available 
     on October 1, 2008, and remain available through September 
     30, 2009.

                  Other Bilateral Economic Assistance

                         economic support fund

        For an additional amount for ``Economic Support Fund'', 
     $1,124,800,000, which shall become available on October 1, 
     2008, and remain available through September 30, 2009, of 
     which not more than $102,500,000 may be made available for 
     assistance for Iraq, $100,000,000 shall be made available for 
     assistance for Jordan, not more than $455,000,000 may be made 
     available for assistance for Afghanistan, not more than 
     $150,000,000 may be made available for assistance for 
     Pakistan, not more than $150,000,000 shall be made available 
     for assistance for the West Bank and Gaza, and $15,000,000 
     may be made available for energy-related assistance for North 
     Korea, notwithstanding any other provision of law.

                          Department of State

          international narcotics control and law enforcement

        For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $199,000,000, which shall 
     become available on October 1, 2008, and remain available 
     through September 30, 2009: Provided, That not more than 
     $50,000,000 of the funds appropriated under this heading 
     shall be made available for security assistance for the West 
     Bank and up to $48,000,000 may be made available for 
     assistance for Mexico.

                    migration and refugee assistance

        For an additional amount for ``Migration and Refugee 
     Assistance'', $350,000,000, which shall become available on 
     October 1, 2008, and remain available until expended.

    nonproliferation, anti-terrorism, demining and related programs

        For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $4,500,000, for 
     humanitarian demining assistance for Iraq, which shall become 
     available on October 1, 2008, and remain available through 
     September 30, 2009.

                          MILITARY ASSISTANCE

                  Funds Appropriated to the President

                   foreign military financing program

        For an additional amount for ``Foreign Military Financing 
     Program'', $302,500,000, which shall become available on 
     October 1, 2008, and remain available through September 30, 
     2009, of which $100,000,000 shall be made available for 
     assistance for Jordan, and not less than $170,000,000 shall 
     be available for grants only for Israel and shall be 
     disbursed not later than November 1, 2008: Provided, That 
     section 3802(c) of title III, chapter 8 of Public Law 110-28 
     shall apply to funds made available under this heading for 
     assistance for Lebanon.

                        peacekeeping operations

        For an additional amount for ``Peacekeeping Operations'', 
     $95,000,000, which shall become available on October 1, 2008, 
     and remain available through September 30, 2009.

             SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER


                        extension of authorities

       Sec. 1401.  Funds appropriated by this chapter may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672 (22 U.S.C. 2412), section 15 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
     section 313 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 
     504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
     414(a)(1)).


                                  iraq

       Sec. 1402.  (a) Asset Transfer Agreement.--
       (1) None of the funds appropriated by this chapter for 
     infrastructure maintenance activities in Iraq may be made 
     available until the Secretary of State certifies and reports 
     to the Committees on Appropriations that the Governments of 
     the United States and Iraq have entered into, and are 
     implementing, an asset transfer agreement that includes 
     commitments by the Government of Iraq to maintain United 
     States-funded infrastructure in Iraq.
       (2) None of the funds appropriated by this chapter may be 
     made available for the construction of prison facilities in 
     Iraq.
       (b) Anti-Corruption.--Not more than 40 percent of the funds 
     appropriated by this chapter for rule of law programs in Iraq 
     may be made available for assistance for the Government of 
     Iraq until the Secretary of State reports to the Committees 
     on Appropriations that a comprehensive anti-corruption 
     strategy has been developed, and is being implemented, by the 
     Government of Iraq, and the Secretary of State submits a 
     list, in classified form if necessary, to the Committees on 
     Appropriations of senior Iraqi officials who the Secretary 
     has credible evidence to believe have committed corrupt acts.
       (c) Provincial Reconstruction Teams.--None of the funds 
     appropriated by this chapter for the operational or program 
     expenses of Provincial Reconstruction Teams (PRTs) in Iraq 
     may be made available until the Secretary of State submits a 
     report to the Committees on Appropriations detailing--
       (1) the strategy for the eventual winding down and close 
     out of PRTs;
       (2) anticipated costs associated with PRT operations, 
     programs, and eventual winding down and close out, including 
     security for PRT personnel and anticipated Government of Iraq 
     contributions; and
       (3) anticipated placement and cost estimates of future 
     United States Consulates in Iraq.
       (d) Community Stabilization Program.--Not more than 50 
     percent of the funds appropriated by this chapter for the 
     Community Stabilization Program in Iraq may be made available 
     until the Secretary of State certifies and reports to the 
     Committees on Appropriations that the United States Agency 
     for International Development is implementing recommendations 
     contained in Office of Inspector General Audit Report No. E-
     267-08-001-P to ensure accountability of funds.
       (e) Matching Requirement.--
       (1) Notwithstanding any other provision of law, funds 
     appropriated by this chapter for assistance for Iraq shall be 
     made available only to the extent that the Government of Iraq 
     matches such assistance on a dollar-for-dollar basis.
       (2) Paragraph (1) shall not apply to funds made available 
     for--
       (A) grants and cooperative agreements for programs to 
     promote democracy and human rights;
       (B) the Community Action Program and other assistance 
     through civil society organizations;
       (C) humanitarian demining; or
       (D) assistance for refugees, internally displaced persons, 
     and civilian victims of the military operations.
       (3) The Secretary of State shall certify to the Committees 
     on Appropriations prior to the initial obligation of funds 
     pursuant to this section that the Government of Iraq has 
     committed to obligate matching funds on a dollar-for-dollar 
     basis. The Secretary shall submit a report to the Committees 
     on Appropriations not later than September 30, 2008, and 180 
     days thereafter, detailing the amounts of funds obligated and 
     expended by the Government of Iraq to meet the requirements 
     of this section.
       (4) Not later than 45 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing the amounts provided by the 
     Government of Iraq since June 30, 2004, to assist Iraqi 
     refugees in Syria, Jordan, and elsewhere, and the amount of 
     such assistance the Government of Iraq plans to provide in 
     fiscal year 2008. The Secretary shall work expeditiously with 
     the Government of Iraq to establish an account within its 
     annual budget sufficient to, at a minimum, match United 
     States contributions on a dollar-for-dollar basis to 
     organizations and programs for the purpose of assisting Iraqi 
     refugees.


                              afghanistan

       Sec. 1403.  (a) Assistance for Women and Girls.--Funds 
     appropriated by this chapter under the heading ``Economic 
     Support Fund'' that are available for assistance for 
     Afghanistan shall be made available, to the maximum extent 
     practicable, through local Afghan provincial and municipal 
     governments and Afghan civil society organizations and in a 
     manner that emphasizes the participation of Afghan women and 
     directly improves the economic, social and political status 
     of Afghan women and girls.
       (b) Higher Education.--Of the funds appropriated by this 
     chapter under the heading ``Economic Support Fund'' that are 
     made available for education programs in Afghanistan, not 
     less than 50 percent shall be made available to support 
     higher education and vocational training programs in law, 
     accounting, engineering, public administration, and other 
     disciplines necessary to rebuild the country, in which the 
     participation of women is emphasized.

[[Page 13092]]

       (c) Post-Operations Assistance.--Of the funds appropriated 
     by this chapter under the heading ``Economic Support Fund'' 
     that are available for assistance for Afghanistan, not less 
     than $2,000,000 shall be made available for a United States 
     contribution to the North Atlantic Treaty Organization/
     International Security Assistance Force Post-Operations 
     Humanitarian Relief Fund.
       (d) Anti-Corruption.--Not later than 90 days after the 
     enactment of this Act, the Secretary of State shall--
       (1) submit a report to the Committees on Appropriations on 
     actions being taken by the Government of Afghanistan to 
     combat corruption within the national and provincial 
     governments, including to remove and prosecute officials who 
     have committed corrupt acts;
       (2) submit a list to the Committees on Appropriations, in 
     classified form if necessary, of senior Afghan officials who 
     the Secretary has credible evidence to believe have committed 
     corrupt acts; and
       (3) certify and report to the Committees on Appropriations 
     that effective mechanisms are in place to ensure that 
     assistance to national government ministries and provincial 
     governments will be properly accounted for.


                               west bank

       Sec. 1404.  Not later than 90 days after the date of 
     enactment of this Act and 180 days thereafter, the Secretary 
     of State shall submit to the Committees on Appropriations a 
     report on assistance provided by the United States for the 
     training of Palestinian security forces, including detailed 
     descriptions of the training, curriculum, and equipment 
     provided; an assessment of the training and the performance 
     of forces after training has been completed; and a 
     description of the assistance that has been pledged and 
     provided to Palestinian security forces by other donors: 
     Provided, That not later than 90 days after the date of 
     enactment of this Act, the Secretary of State shall report to 
     the Committees on Appropriations, in classified form if 
     necessary, on the security strategy of the Palestinian 
     Authority.


            waiver of certain sanctions against north korea

       Sec. 1405.  (a) Waiver Authority.--
       (1) In general.--Except as provided in subsection (b), the 
     President may waive in whole or in part, with respect to 
     North Korea, the application of any sanction contained in 
     subparagraph (A), (B), (D) or (G) under section 102(b)(2) of 
     the Arms Export Control Act (22 U.S.C. 2799aa-1(b)), for the 
     purpose of providing assistance related to--
       (A) the implementation and verification of the compliance 
     by North Korea with its commitment, undertaken in the Joint 
     Statement of September 19, 2005, to abandon all nuclear 
     weapons and existing nuclear programs as part of the 
     verifiable denuclearization of the Korean Peninsula; and
       (B) the elimination of the capability of North Korea to 
     develop, deploy, transfer, or maintain weapons of mass 
     destruction and their delivery systems.
       (2) Limitation.--The authority under paragraph (1) shall 
     expire 5 years after the date of enactment of this Act.
       (b) Exceptions.--
       (1) Limited exception related to certain sanctions and 
     prohibitions.--The authority under subsection (a) shall not 
     apply with respect to a sanction or prohibition under 
     subparagraph (B) or (G) of section 102(b)(2) of the Arms 
     Export Control Act, unless the President determines and 
     certifies to the appropriate congressional committees that--
       (A) all reasonable steps will be taken to assure that the 
     articles or services exported or otherwise provided will not 
     be used to improve the military capabilities of the armed 
     forces of North Korea; and
       (B) such waiver is in the national security interests of 
     the United States.
       (2) Limited exception related to certain activities.--
     Unless the President determines and certifies to the 
     appropriate congressional committees that using the authority 
     under subsection (a) is vital to the national security 
     interests of the United States, such authority shall not 
     apply with respect to--
       (A) an activity described in subparagraph (A) of section 
     102(b)(1) of the Arms Export Control Act that occurs after 
     September 19, 2005, and before the date of the enactment of 
     this Act;
       (B) an activity described in subparagraph (C) of such 
     section that occurs after September 19, 2005; or
       (C) an activity described in subparagraph (D) of such 
     section that occurs after the date of enactment of this Act.
       (3) Exception related to certain activities occurring after 
     date of enactment.--The authority under subsection (a) shall 
     not apply with respect to an activity described in 
     subparagraph (A) or (B) of section 102(b)(1) of the Arms 
     Export Control Act that occurs after the date of the 
     enactment of this Act.
       (4) Limited exception related to lethal weapons.--The 
     authority under subsection (a) shall not apply with respect 
     to any export of lethal defense articles that would be 
     prevented by the application of section 102(b)(2) of the Arms 
     Export Control Act.
       (c) Notifications and Reports.--
       (1) Congressional notification.--The President shall notify 
     the appropriate congressional committees in writing not later 
     than 15 days before exercising the waiver authority under 
     subsection (a).
       (2) Annual report.--Not later than January 31, 2009, and 
     annually thereafter, the President shall submit to the 
     appropriate congressional committees a report that--
       (A) lists all waivers issued under subsection (a) during 
     the preceding year;
       (B) describes in detail the progress that is being made in 
     the implementation of the commitment undertaken by North 
     Korea, in the Joint Statement of September 19, 2005, to 
     abandon all nuclear weapons and existing nuclear programs as 
     part of the verifiable denuclearization of the Korean 
     Peninsula;
       (C) discusses specifically any shortcomings in the 
     implementation by North Korea of that commitment; and
       (D) lists and describes the progress and shortcomings, in 
     the preceding year, of all other programs promoting the 
     elimination of the capability of North Korea to develop, 
     deploy, transfer, or maintain weapons of mass destruction or 
     their delivery systems.
       (3) Report on verification measures relating to north 
     korea's nuclear programs.--
       (A) In general.--Not later than 15 days after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report on 
     verification measures relating to North Korea's nuclear 
     programs under the Six-Party Talks Agreement of February 13, 
     2007, with specific focus on how such verification measures 
     are defined under the Six-Party Talks Agreement and 
     understood by the United States Government.
       (B) Matters to be included.--The report required under 
     subsection (A) shall include, among other elements, a 
     description of--
       (i) how the United States will confirm that North Korea has 
     ``provided a complete and correct declaration of all of its 
     nuclear programs'';
       (ii) how the United States will maintain a high and ongoing 
     level of confidence that North Korea has fully met the terms 
     of the Six-Party Talks Agreement relating to its nuclear 
     programs;
       (iii) any diplomatic agreement with North Korea regarding 
     verification measures relating to North Korea's nuclear 
     programs under the Six-Party Talks Agreement (other than 
     implementing arrangements made during on-site operations); 
     and
       (iv) any significant and continuing disagreement with North 
     Korea regarding verification measures relating to North 
     Korea's nuclear programs under the Six-Party Talks Agreement.
       (C) Form.--The report required under subsection (A) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committees on Appropriations, Armed Services, and 
     Foreign Relations of the Senate; and
       (2) the Committees on Appropriations, Armed Services, and 
     Foreign Affairs of the House of Representatives.


                                 mexico

       Sec. 1406.  (a) Assistance for Mexico.--Of the funds 
     appropriated under the headings ``International Narcotics 
     Control and Law Enforcement'', ``Foreign Military Financing 
     Program'', and ``Economic Support Fund'' in this chapter, not 
     more than $352,000,000 of the funds appropriated in 
     subchapter A and $48,000,000 of the funds appropriated in 
     subchapter B may be made available for assistance for Mexico, 
     only to combat drug trafficking and related violence and 
     organized crime, and for judicial reform, institution 
     building, anti-corruption, and rule of law activities, of 
     which not less than $73,500,000 shall be used for judicial 
     reform, institution building, anti-corruption, and rule of 
     law activities: Provided, That none of the funds made 
     available under this section shall be made available for 
     budget support or as cash payments: Provided further, That 
     not more than 45 days after enactment of this Act, and after 
     consulting with relevant Mexican Government authorities, the 
     Secretary of State shall report in writing to the Committees 
     on Appropriations on the procedures in place to implement 
     section 620J of the Foreign Assistance Act of 1961.
       (b) Allocation of Funds.--Fifteen percent of the funds made 
     available in this chapter for assistance for Mexico under the 
     headings ``International Narcotics Control and Law 
     Enforcement'' and ``Foreign Military Financing Program'' may 
     not be obligated until the Secretary of State reports in 
     writing to the Committees on Appropriations that the 
     Government of Mexico is--
       (1) improving the transparency and accountability of 
     federal police forces and working with state and municipal 
     authorities to improve the transparency and accountability of 
     state and municipal police forces through mechanisms 
     including establishing police complaints commissions with 
     authority and independence to receive complaints and carry 
     out effective investigations;
       (2) establishing a mechanism for regular consultations 
     among relevant Mexican Government authorities, Mexican human 
     rights organizations and other relevant Mexican civil society 
     organizations, to make recommendations concerning 
     implementation

[[Page 13093]]

     of the Merida Initiative in accordance with Mexican and 
     international law;
       (3) ensuring that civilian prosecutors and judicial 
     authorities are investigating and prosecuting, in accordance 
     with Mexican and international law, members of the federal 
     police and military forces who have been credibly alleged to 
     have committed violations of human rights, and the federal 
     police and military forces are fully cooperating with the 
     investigations; and
       (4) enforcing the prohibition, in accordance with Mexican 
     and international law, on the use of testimony obtained 
     through torture or other ill-treatment.
       (c) Exception.--Notwithstanding subsection (b), of the 
     funds appropriated by subchapter A for assistance for Mexico 
     under the heading ``International Narcotics Control and Law 
     Enforcement'', $3,000,000 shall be made available for 
     technical and other assistance to enable the Government of 
     Mexico to implement a unified national registry of federal, 
     state, and municipal police officers.
       (d) Report.--The report required in subsection (b) shall 
     include a description of actions taken with respect to each 
     requirement and the cases or issues brought to the attention 
     of the Secretary of State for which the response or action 
     taken has been inadequate.
       (e) Notification.--Funds made available for Mexico by this 
     chapter shall be subject to the regular notification 
     procedures of the Committees on Appropriations and section 
     634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-
     1).
       (f) Spending Plan.--Not later than 45 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     submit to the Committees on Appropriations a detailed 
     spending plan for funds appropriated or otherwise made 
     available for Mexico by this chapter, which shall include a 
     strategy, developed after consulting with relevant Mexican 
     Government authorities, for combating drug trafficking and 
     related violence and organized crime, judicial reform, 
     institution building, anti-corruption, and rule of law 
     activities, with concrete goals, actions to be taken, budget 
     proposals, and anticipated results.


                            central america

       Sec. 1407.  (a) Assistance for the Countries of Central 
     America.--Of the funds appropriated in subchapter A under the 
     headings ``International Narcotics Control and Law 
     Enforcement'', ``Foreign Military Financing Program'', 
     ``Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs'', and ``Economic Support Fund'', $65,000,000 may be 
     made available for assistance for the countries of Central 
     America, Haiti, and the Dominican Republic only to combat 
     drug trafficking and related violence and organized crime, 
     and for judicial reform, institution building, anti-
     corruption, rule of law activities, and maritime security: 
     Provided, That of the funds appropriated under the heading 
     ``Economic Support Fund'', $25,000,000 shall be made 
     available for an Economic and Social Development Fund for 
     Central America, of which $20,000,000 shall be made available 
     through the United States Agency for International 
     Development and $5,000,000 shall be made available through 
     the Department of State for educational exchange programs: 
     Provided further, That of the funds appropriated in 
     subchapter A under the heading ``International Narcotics 
     Control and Law Enforcement'', $2,500,000 shall be made 
     available for assistance for Haiti, $2,500,000 shall be made 
     available for assistance for the Dominican Republic, and 
     $1,000,000 shall be made available for a United States 
     contribution to the International Commission Against Impunity 
     in Guatemala: Provided further, That none of the funds shall 
     be made available for budget support or as cash payments: 
     Provided further, That not more than 45 days after enactment 
     of this Act, the Secretary of State shall report in writing 
     to the Committees on Appropriations on the procedures in 
     place to implement section 620J of the Foreign Assistance Act 
     of 1961.
       (b) Allocation of Funds.--Fifteen percent of the funds made 
     available by this chapter for assistance for the countries of 
     Central America, Haiti and the Dominican Republic under the 
     headings ``International Narcotics Control and Law 
     Enforcement'' and ``Foreign Military Financing Program'' may 
     not be obligated until the Secretary of State reports in 
     writing to the Committees on Appropriations that the 
     government of such country is--
       (1) establishing police complaints commissions with 
     authority and independence to receive complaints and carry 
     out effective investigations;
       (2) implementing reforms to improve the capacity and ensure 
     the independence of the judiciary; and
       (3) investigating and prosecuting members of the federal 
     police and military forces who have been credibly alleged to 
     have committed violations of human rights.
       (c) Report.--The report required in subsection (b) shall 
     include actions taken with respect to each requirement and 
     the cases or issues brought to the attention of the Secretary 
     of State for which the response or action taken has been 
     inadequate.
       (d) Notification.--Funds made available for assistance for 
     the countries of Central America, Haiti and the Dominican 
     Republic in subchapter A shall be subject to the regular 
     notification procedures of the Committees on Appropriations 
     and section 634A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2394-1).
       (e) Spending Plan.--Not later than 45 days after enactment 
     of this Act, the Secretary of State shall submit to the 
     Committees on Appropriations a detailed spending plan for 
     funds appropriated or otherwise made available for the 
     countries of Central America, Haiti and the Dominican 
     Republic in subchapter A, which shall include a strategy for 
     combating drug trafficking and related violence and organized 
     crime, judicial reform, institution building, anti-
     corruption, and rule of law activities, with concrete goals, 
     actions to be taken, budget proposals and anticipated 
     results.
       (f) Definition.--For the purposes of this section, the term 
     ``countries of Central America'' means Belize, Costa Rica, El 
     Salvador, Guatemala, Honduras, Nicaragua, and Panama.

                    buying power maintenance account

                     (including transfers of funds)

       Sec. 1408. (a) Of the funds appropriated under the heading 
     ``Diplomatic and Consular Programs'' and allocated by section 
     3810 of the U.S. Troop Readiness, Veterans' Care, Katrina 
     Recovery, and Iraq Accountability Appropriations Act, 2007 
     (Public Law 110-28), $26,000,000 shall be transferred to and 
     merged with funds in the ``Buying Power Maintenance 
     Account'': Provided, That of the funds made available by this 
     chapter up to an additional $74,000,000 may be transferred to 
     and merged with the ``Buying Power Maintenance Account'', 
     subject to the regular notification procedures of the 
     Committees on Appropriations and in accordance with the 
     procedures in section 34 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2706). Any funds 
     transferred pursuant to this section shall be available, 
     without fiscal year limitation, pursuant to section 24 of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2696).
       (b) Section 24(b)(7) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by 
     amending subparagraph (D) to read as follows:
       ``(D) The authorities contained in this paragraph may be 
     exercised only with respect to funds appropriated or 
     otherwise made available after fiscal year 2008.''.
       (c) The Broadcasting Board of Governors may transfer funds 
     into its Buying Power Maintenance Account, notwithstanding 
     the requirement that such funds be provided in advance in 
     appropriations Acts. The authority in this subsection may be 
     exercised only with respect to funds appropriated or 
     otherwise made available after fiscal year 2008.


                                 serbia

       Sec. 1409.  Of the funds made available under the heading 
     ``Assistance for Eastern Europe and the Baltic States'' by 
     title III of the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2008 (division J of 
     Public Law 110-161), an amount equivalent to the unpaid costs 
     of damage to the United States Embassy in Belgrade, Serbia, 
     as estimated by the Secretary of State, resulting from the 
     February 21, 2008 attack on such Embassy, shall be withheld 
     from obligation for assistance for the central government of 
     Serbia if the Secretary of State reports to the Committees on 
     Appropriations that the Government of Serbia has failed to 
     provide full compensation to the Department of State for 
     damages to the United States Embassy resulting from the 
     February 21, 2008 attack on such embassy. Section 8002 of 
     this Act shall not apply to this section.


                              rescissions

       Sec. 1410.  (a) World Food Program.--
       (1) For an additional amount for a contribution to the 
     World Food Program to assist farmers in countries affected by 
     food shortages to increase crop yields, notwithstanding any 
     other provision of law, $20,000,000, to remain available 
     until expended.
       (2) Of the funds appropriated under the heading ``Andean 
     Counterdrug Initiative'' in prior Acts making appropriations 
     for foreign operations, export financing, and related 
     programs, $20,000,000 are rescinded.
       (b) Sudan.--
       (1) For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $10,000,000, for assistance 
     for Sudan to support formed police units, to remain available 
     until September 30, 2009, and subject to prior consultation 
     with the Committees on Appropriations.
       (2) Of the funds appropriated under the heading 
     ``International Narcotics Control and Law Enforcement'' in 
     prior Acts making appropriations for foreign operations, 
     export financing, and related programs, $10,000,000 are 
     rescinded.
       (c) Rescission.--Of the unobligated balances of funds 
     appropriated for ``Iraq Relief and Reconstruction Fund'' in 
     prior Acts making appropriations for foreign operations, 
     export financing, and related programs, $50,000,000 are 
     rescinded.
       (d) Exception.--Section 8002 of this Act shall not apply to 
     subsections (a) and (b) of this section.

[[Page 13094]]




                          darfur peacekeeping

       Sec. 1411.  Funds appropriated under the headings ``Foreign 
     Military Financing Program'' and ``Peacekeeping Operations'' 
     by the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2008 (division J of Public Law 
     110-161) and by prior Acts making appropriations for foreign 
     operations, export financing, and related programs may be 
     used to transfer, equip, upgrade, refurbish or lease 
     helicopters or related equipment necessary to support the 
     operations of the African Union/United Nations peacekeeping 
     operation in Darfur, Sudan, that was established pursuant to 
     United Nations Security Council Resolution 1769. The 
     President may utilize the authority of sections 506 or 516 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 2321j) or 
     section 61 of the Arms Export Control Act (22 U.S.C. 2796) in 
     order to provide such support, notwithstanding any other 
     provision of law except for sections 502B(a)(2), 620A and 
     620J of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2304(a)(2), 2371, 2378d) and section 40A of the Arms Export 
     Control Act (22 U.S.C. 2780). Any exercise of the authorities 
     provided by section 506 of the Foreign Assistance Act 
     pursuant to this section may include the authority to acquire 
     helicopters by contract.


                                 tibet

       Sec. 1412.  (a) Of the funds appropriated by this Act or 
     prior Acts making appropriations for the Department of State, 
     foreign operations and related programs under the headings 
     ``Diplomatic and Consular Programs'' and ``Embassy Security, 
     Construction, and Maintenance'', up to $5,000,000 shall be 
     made available to establish a United States Consulate in 
     Lhasa, Tibet.
       (b) The Department of State should not consent to opening a 
     consular post in the United States by the People's Republic 
     of China until such time as the People's Republic of China 
     consents to opening a United States consular post in Lhasa, 
     Tibet.

                                 jordan

                    (including rescission of funds)

       Sec. 1413. (a) For an additional amount for ``Economic 
     Support Fund'' for assistance for Jordan, $25,000,000, to 
     remain available until September 30, 2009.
       (b) For an additional amount for ``Foreign Military 
     Financing Program'' for assistance for Jordan, $33,000,000, 
     to remain available until September 30, 2009.
       (c) Of the unobligated balances of funds appropriated under 
     the heading ``Millennium Challenge Corporation'' in prior 
     Acts making appropriations for foreign operations, export 
     financing, and related programs, $58,000,000 are rescinded.
       (d) Section 8002 of this Act shall not apply to this 
     section.


                              allocations

       Sec. 1414.  (a) Funds provided by this chapter for the 
     following accounts shall be made available for programs and 
     countries in the amounts contained in the respective tables 
     included in the explanatory statement printed in the 
     Congressional Record accompanying this Act:
       ``Diplomatic and Consular Programs''
       ``Economic Support Fund''.
       (b) Any proposed increases or decreases to the amounts 
     contained in such tables in the explanatory statement printed 
     in the Congressional Record accompanying this Act shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations and section 634A of the Foreign 
     Assistance Act of 1961.


                        reprogramming authority

       Sec. 1415.  Notwithstanding any other provision of law, to 
     include minimum funding requirements or funding directives, 
     funds made available under the headings ``Development 
     Assistance'' and ``Economic Support Fund'' in prior Acts 
     making appropriations for foreign operations, export 
     financing, and related programs may be made available to 
     address critical food shortages, subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations.


               spending plans and notification procedures

       Sec. 1416.  (a) Subchapter A Spending Plan.--Not later than 
     45 days after the enactment of this Act, the Secretary of 
     State shall submit to the Committees on Appropriations a 
     report detailing planned expenditures for funds appropriated 
     under the headings in subchapter A, except for funds 
     appropriated under the headings ``International Disaster 
     Assistance'', ``Migration and Refugee Assistance'', and 
     ``United States Emergency Refugee and Migration Assistance 
     Fund''.
       (b) Subchapter B Spending Plan.--The Secretary of State 
     shall submit to the Committees on Appropriations not later 
     than November 1, 2008, and prior to the initial obligation of 
     funds, a detailed spending plan for funds appropriated or 
     otherwise made available in subchapter B, except for funds 
     appropriated under the headings ``International Disaster 
     Assistance'', ``Migration and Refugee Assistance'', and 
     ``United States Emergency Refugee and Migration Assistance 
     Fund''.
       (c) Notification.--Funds made available in this chapter 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations and section 634A of the 
     Foreign Assistance Act of 1961.


                          terms and conditions

       Sec. 1417.  Unless otherwise provided for in this Act, 
     funds appropriated or otherwise made available by this 
     chapter shall be available under the authorities and 
     conditions provided in the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008 
     (division J of Public Law 110-161), except that section 699K 
     of such Act shall not apply to funds in this chapter.

                       TITLE II--DOMESTIC MATTERS

                CHAPTER 1--FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $150,000,000, to remain available until September 30, 2009: 
     Provided, That of the amount provided: (1) $66,792,000 shall 
     be for the Center for Food Safety and Applied Nutrition and 
     related field activities in the Office of Regulatory Affairs; 
     (2) $28,019,000 shall be for the Center for Drug Evaluation 
     and Research and related field activities in the Office of 
     Regulatory Affairs; (3) $12,736,000 shall be for the Center 
     for Biologics Evaluation and Research and related field 
     activities in the Office of Regulatory Affairs; (4) 
     $6,057,000 shall be for the Center for Veterinary Medicine 
     and related field activities in the Office of Regulatory 
     Affairs; (5) $20,094,000 shall be for the Center for Devices 
     and Radiological Health and related field activities in the 
     Office of Regulatory Affairs; (6) $3,396,000 shall be for the 
     National Center for Toxicological Research; and (7) 
     $12,906,000 shall be for other activities, including the 
     Office of the Commissioner, the Office of Scientific and 
     Medical Programs; the Office of Policy, Planning and 
     Preparedness; the Office of International and Special 
     Programs; the Office of Operations; and central services for 
     these offices.

               CHAPTER 2--COMMERCE, JUSTICE, AND SCIENCE

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census

                     periodic censuses and programs

                     (including transfer of funds)

       For an additional amount for ``Periodic Censuses and 
     Programs'', $210,000,000, to remain available until expended, 
     for necessary expenses related to the 2010 Decennial Census: 
     Provided, That not less than $3,000,000 shall be transferred 
     to the ``Office of Inspector General'' at the Department of 
     Commerce for necessary expenses associated with oversight 
     activities of the 2010 Decennial Census: Provided further, 
     That not less than $1,000,000 shall be used only for a 
     reimbursable agreement with the Defense Contract Management 
     Agency to provide continuing contract management oversight of 
     the 2010 Decennial Census.

                         DEPARTMENT OF JUSTICE

                         Federal Prison System

                         salaries and expenses

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

                             OTHER AGENCIES

             National Aeronautics and Space Administration

                  science, aeronautics and exploration

       For an additional amount for ``Science, Aeronautics and 
     Exploration'', $62,500,000.

                      National Science Foundation

                    research and related activities

       For an additional amount for ``Research and Related 
     Activities'', $22,500,000, of which $5,000,000 shall be 
     available solely for activities authorized by section 
     7002(b)(2)(A)(iv) of Public Law 110-69.

                     education and human resources

       For an additional amount for ``Education and Human 
     Resources'', $40,000,000: Provided, That of the amount 
     provided, $20,000,000 shall be available for activities 
     authorized by section 10 of the National Science Foundation 
     Authorization Act of 2002 (42 U.S.C. 1862n-1) and $20,000,000 
     shall be available for activities authorized by section 10A 
     of the National Science Foundation Authorization Act of 2002 
     (42 U.S.C. 1862n-1a).

                           CHAPTER 3--ENERGY

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                                Science

       For an additional amount for ``Science'', $62,500,000, to 
     remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

       For an additional amount for ``Defense Environmental 
     Cleanup'', $62,500,000, to remain available until expended.

             CHAPTER 4--LABOR AND HEALTH AND HUMAN SERVICES

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

     state unemployment insurance and employment service operations

        For an additional amount for ``State Unemployment 
     Insurance and Employment

[[Page 13095]]

     Service Operations'' for grants to the States for the 
     administration of State unemployment insurance, $110,000,000, 
     which may be expended from the Employment Security 
     Administration Account in the Unemployment Trust Fund, to be 
     used for unemployment insurance workloads experienced by the 
     States through September 30, 2008, which shall be available 
     for Federal obligation through December 31, 2008.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health

                         office of the director

                     (including transfer of funds)

       For an additional amount for ``Office of the Director'', 
     $150,000,000, which shall be transferred to the Institutes 
     and Centers of the National Institutes of Health and to the 
     Common Fund established under section 402A(c)(1) of the 
     Public Health Service Act in proportion to the appropriations 
     otherwise made to such Institutes, Centers, and Common Fund 
     for fiscal year 2008: Provided, That these funds shall be 
     used to support additional scientific research and shall be 
     merged with and be available for the same purposes and for 
     the same time period as the appropriation or fund to which 
     transferred: Provided further, That this transfer authority 
     is in addition to any other transfer authority available to 
     the National Institutes of Health: Provided further, That 
     none of these funds may be transferred to ``National 
     Institutes of Health-Buildings and Facilities'', the Center 
     for Scientific Review, the Center for Information Technology, 
     the Clinical Center, the Global Fund for HIV/AIDS, 
     Tuberculosis and Malaria, or the Office of the Director 
     (except for the transfer to the Common Fund).

                     CHAPTER 5--LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

      Payment to Widows and Heirs of Deceased Members of Congress

        For payment to Annette Lantos, widow of Tom Lantos, late a 
     Representative from the State of California, $169,300: 
     Provided, That section 8002 shall not apply to this 
     appropriation.

            TITLE III--NATURAL DISASTER RELIEF AND RECOVERY

                         CHAPTER 1--AGRICULTURE

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency

                     emergency conservation program

       For an additional amount for the ``Emergency Conservation 
     Program'', $89,413,000, to remain available until expended.

                 Natural Resources Conservation Service

                 emergency watershed protection program

       For an additional amount for the ``Emergency Watershed 
     Protection Program'', $390,464,000, to remain available until 
     expended.

                          CHAPTER 2--COMMERCE

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

       Pursuant to section 703 of the Public Works and Economic 
     Development Act (42 U.S.C. 3233), for an additional amount 
     for ``Economic Development Assistance Programs'', for 
     necessary expenses related to disaster relief, long-term 
     recovery, and restoration of infrastructure in areas covered 
     by a declaration of major disaster under title IV of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) as a result of recent natural 
     disasters, $100,000,000, to remain available until expended.

                     CHAPTER 3--CORPS OF ENGINEERS

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              construction

       For an additional amount for ``Construction'', for 
     necessary expenses to address emergency situations at Corps 
     of Engineers projects and rehabilitate and repair damages to 
     Corps projects caused by recent natural disasters, 
     $61,700,000, to remain available until expended.
       For an additional amount for ``Construction'', for 
     necessary expenses related to the consequences of Hurricane 
     Katrina and other hurricanes of the 2005 season, 
     $2,835,000,000, to become available on October 1, 2008, and 
     to remain available until expended: Provided, That the 
     Secretary of the Army is directed to use $1,997,000,000 of 
     the funds provided herein to modify authorized projects in 
     southeast Louisiana to provide hurricane, storm and flood 
     damage reduction in the greater New Orleans and surrounding 
     areas to the levels of protection necessary to achieve the 
     certification required for participation in the National 
     Flood Insurance Program under the base flood elevations 
     current at the time of enactment of this Act, and shall use 
     $1,077,000,000 of those funds for the Lake Pontchartrain and 
     Vicinity project and $920,000,000 of those funds for the West 
     Bank and Vicinity project: Provided further, That, in 
     addition, $838,000,000 of the funds provided herein shall be 
     for elements of Southeast Louisiana Urban Drainage project 
     within the geographic perimeter of the West Bank and Vicinity 
     and Lake Pontchartrain and Vicinity projects, to provide for 
     interior drainage of runoff from rainfall with a ten percent 
     annual exceedance probability: Provided further, That the 
     amounts provided herein shall be subject to a 65 percent 
     Federal / 35 percent non-Federal cost share for the specified 
     purposes: Provided further, That beginning not later than 60 
     days after the date of enactment of this Act, the Chief of 
     Engineers, acting through the Assistant Secretary of the Army 
     for Civil Works, shall provide monthly reports to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate detailing the allocation and obligation of 
     these funds: Provided further, That the expenditure of funds 
     as provided above may be made without regard to individual 
     amounts or purposes except that any reallocation of funds 
     that is necessary to accomplish the established goals is 
     authorized subject to the approval of the House and Senate 
     Committees on Appropriations.

                   mississippi river and tributaries

       For an additional amount for ``Mississippi River and 
     Tributaries'' for recovery from natural disasters, 
     $17,590,000, to remain available until expended, to repair 
     damages to Federal projects caused by recent natural 
     disasters.

                       operation and maintenance

       For an additional amount for ``Operation and Maintenance'' 
     to dredge navigation channels and repair other Corps projects 
     related to natural disasters, $298,344,000, to remain 
     available until expended: Provided, That the Chief of 
     Engineers, acting through the Assistant Secretary of the Army 
     for Civil Works, shall provide a monthly report to the House 
     and Senate Committees on Appropriations detailing the 
     allocation and obligation of these funds, beginning not later 
     than 60 days after enactment of this Act.

                 flood control and coastal emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', as authorized by section 5 of the Act of 
     August 18, 1941 (33 U.S.C. 701n), for necessary expenses to 
     prepare for flood, hurricane and other natural disasters and 
     support emergency operations, repair and other activities in 
     response to flood and hurricane emergencies as authorized by 
     law, $226,854,800, to remain available until expended.
       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', as authorized by section 5 of the Act of 
     August 18, 1941 (33 U.S.C. 701n), for necessary expenses 
     relating to the consequences of Hurricane Katrina and other 
     hurricanes of the 2005 season, $2,926,000,000, to become 
     available on October 1, 2008, and to remain available until 
     expended: Provided, That funds provided herein shall be used 
     to reduce the risk of hurricane and storm damages to the 
     greater New Orleans metropolitan area, at full Federal 
     expense, for the following: $704,000,000 shall be used to 
     modify the 17th Street, Orleans Avenue, and London Avenue 
     drainage canals and install pumps and closure structures at 
     or near the lakefront; $90,000,000 shall be used for storm-
     proofing interior pump stations to ensure the operability of 
     the stations during hurricanes, storms, and high water 
     events; $459,000,000 shall be used for armoring critical 
     elements of the New Orleans hurricane and storm damage 
     reduction system; $53,000,000 shall be used to improve 
     protection at the Inner Harbor Navigation Canal; $456,000,000 
     shall be used to replace or modify certain non-Federal levees 
     in Plaquemines Parish to incorporate the levees into the 
     existing New Orleans to Venice hurricane protection project; 
     $412,000,000 shall be used for reinforcing or replacing flood 
     walls, as necessary, in the existing Lake Pontchartrain and 
     Vicinity project and the existing West Bank and Vicinity 
     project to improve the performance of the systems; 
     $393,000,000 shall be used for repair and restoration of 
     authorized protections and floodwalls; and $359,000,000 shall 
     be to complete the authorized protection for the Lake 
     Ponchartrain and Vicinity, West Bank and Vicinity, and the 
     New Orleans to Venice projects: Provided further, That the 
     Secretary of the Army, within available funds, is directed to 
     continue the NEPA alternative evaluation of all options with 
     particular attention to Options 1, 2 and 2a of the report to 
     Congress, dated August 30, 2007, provided in response to the 
     requirements of chapter 3, section 4303 of Public Law 110-28, 
     and within 90 days of enactment of this Act provide the House 
     and Senate Committees on Appropriations cost estimates to 
     implement Options 1, 2 and 2a of the above cited report: 
     Provided further, That beginning not later than 60 days after 
     the date of enactment of this Act, the Chief of Engineers, 
     acting through the Assistant Secretary of the Army for Civil 
     Works, shall provide monthly reports to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the allocation and obligation of these funds: 
     Provided further, That any project using funds appropriated 
     under this heading shall be initiated only after non-Federal 
     interests have entered into binding agreements with the 
     Assistant Secretary of the Army for Civil Works requiring the 
     non-Federal interests to pay 100 percent of the operation, 
     maintenance, repair, replacement, and rehabilitation costs of 
     completed elements and to hold and save the United States 
     free from damages due to the construction, operation, and

[[Page 13096]]

     maintenance of the project, except for damages due to the 
     fault or negligence of the United States or its contractors: 
     Provided further, That the expenditure of funds as provided 
     above may be made without regard to individual amounts or 
     purposes except that any reallocation of funds that is 
     necessary to accomplish the established goals is authorized 
     subject to the approval of the House and Senate Committees on 
     Appropriations.

                                expenses

       For an additional amount for ``Expenses'' for increased 
     efforts by the Mississippi Valley Division to oversee 
     emergency response and recovery activities related to the 
     consequences of hurricanes in the Gulf of Mexico in 2005, 
     $1,500,000 to remain available until expended.

                       CHAPTER 4--SMALL BUSINESS

                     Small Business Administration

                     disaster loans program account

                     (including transfer of funds)

       For the cost of direct loans authorized by section 7(b) of 
     the Small Business Act, for necessary expenses related to 
     flooding in Midwestern States and other natural disasters, 
     $164,939,000, to remain available until expended: Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974.
       In addition, for expenses to carry out the direct loan 
     program in response to flooding in Midwestern States and 
     other natural disasters, including onsite assistance to 
     disaster victims, increased staff at call centers, processing 
     centers, and field inspections teams, and attorneys to assist 
     in loan closings, $101,814,000, to remain available until 
     expended, of which $1,000,000 is for the Office of Inspector 
     General of the Small Business Administration for audits and 
     reviews of disaster loans and the disaster loan program and 
     shall be paid to appropriations for the Office of Inspector 
     General; of which $94,814,000 is for direct administrative 
     expenses of loan making and servicing to carry out the direct 
     loan program, which may be paid to appropriations for 
     Salaries and Expenses; and of which $6,000,000 is for 
     indirect administrative expenses, which may be paid to 
     appropriations for Salaries and Expenses.

                    CHAPTER 5--FEMA DISASTER RELIEF

                    DEPARTMENT OF HOMELAND SECURITY

                  Federal Emergency Management Agency

                            disaster relief

       For an additional amount for ``Disaster Relief'', 
     $897,000,000, to remain available until expended.

                CHAPTER 6--HOUSING AND URBAN DEVELOPMENT

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Permanent Supportive Housing

       For the provision of 3,000 units of permanent supportive 
     housing as referenced in the Road Home Program of the 
     Louisiana Recovery Authority approved by the Secretary of 
     Housing and Urban Development, $73,000,000, to remain 
     available until expended, of which $20,000,000 shall be for 
     project-based vouchers under section 8(o)(13) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)), 
     including administrative expenses not to exceed $3,000,000, 
     and $50,000,000 shall be for grants under the Shelter Plus 
     Care program as authorized under subtitle F of title IV of 
     the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11403 
     et seq.): Provided, That the Secretary of Housing and Urban 
     Development shall, upon request, make funds available under 
     this paragraph to the State of Louisiana or its designee or 
     designees, upon request: Provided further, That 
     notwithstanding any other provision of law, for the purpose 
     of administering the amounts provided under this paragraph, 
     the State of Louisiana or its designee or designees may act 
     in all respects as a public housing agency as defined in 
     section 3(b)(6) of the United States Housing Act of 1937 (42 
     U.S.C. 1437a(b)(6)): Provided further, That subparagraphs (B) 
     and (D) of section 8(o)(13) of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f(o)(13)) shall not apply with respect 
     to vouchers made available under this paragraph.

                   Community Planning and Development

                       community development fund

       For an additional amount for ``Community Development 
     Fund'', for necessary expenses related to disaster relief, 
     long-term recovery, and restoration of infrastructure in 
     areas covered by a declaration of major disaster under title 
     IV of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) as a result of recent 
     natural disasters, $300,000,000, to remain available until 
     expended, for activities authorized under title I of the 
     Housing and Community Development Act of 1974 (Public Law 93-
     383): Provided, That funds provided under this heading shall 
     be administered through an entity or entities designated by 
     the Governor of each State: Provided further, That such funds 
     may not be used for activities reimbursable by or for which 
     funds are made available by the Federal Emergency Management 
     Agency or the Army Corps of Engineers: Provided further, That 
     funds allocated under this heading shall not adversely affect 
     the amount of any formula assistance received by a State 
     under this heading: Provided further, That each State may use 
     up to five percent of its allocation for administrative 
     costs: Provided further, That in administering the funds 
     under this heading, the Secretary of Housing and Urban 
     Development shall waive, or specify alternative requirements 
     for, any provision of any statute or regulation that the 
     Secretary administers in connection with the obligation by 
     the Secretary or the use by the recipient of these funds or 
     guarantees (except for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     upon a request by the State that such waiver is required to 
     facilitate the use of such funds or guarantees, and a finding 
     by the Secretary that such waiver would not be inconsistent 
     with the overall purpose of the statute, as modified: 
     Provided further, That the Secretary may waive the 
     requirement that activities benefit persons of low and 
     moderate income, except that at least 50 percent of the funds 
     made available under this heading must benefit primarily 
     persons of low and moderate income unless the Secretary 
     otherwise makes a finding of compelling need: Provided 
     further, That the Secretary shall publish in the Federal 
     Register any waiver of any statute or regulation that the 
     Secretary administers pursuant to title I of the Housing and 
     Community Development Act of 1974 no later than 5 days before 
     the effective date of such waiver: Provided further, That 
     every waiver made by the Secretary must be reconsidered 
     according to the three previous provisos on the two-year 
     anniversary of the day the Secretary published the waiver in 
     the Federal Register: Provided further, That prior to the 
     obligation of funds each State shall submit a plan to the 
     Secretary detailing the proposed use of all funds, including 
     criteria for eligibility and how the use of these funds will 
     address long-term recovery and restoration of infrastructure: 
     Provided further, That each State will report quarterly to 
     the Committees on Appropriations on all awards and uses of 
     funds made available under this heading, including 
     specifically identifying all awards of sole-source contracts 
     and the rationale for making the award on a sole-source 
     basis: Provided further, That the Secretary shall notify the 
     Committees on Appropriations on any proposed allocation of 
     any funds and any related waivers made pursuant to these 
     provisions under this heading no later than 5 days before 
     such waiver is made: Provided further, That the Secretary 
     shall establish procedures to prevent recipients from 
     receiving any duplication of benefits and report quarterly to 
     the Committees on Appropriations with regard to all steps 
     taken to prevent fraud and abuse of funds made available 
     under this heading including duplication of benefits.

             TITLE IV--EMERGENCY UNEMPLOYMENT COMPENSATION


                        federal-state agreements

       Sec. 4001.  (a) In General.--Any State which desires to do 
     so may enter into and participate in an agreement under this 
     title with the Secretary of Labor (in this title referred to 
     as the ``Secretary''). Any State which is a party to an 
     agreement under this title may, upon providing 30 days' 
     written notice to the Secretary, terminate such agreement.
       (b) Provisions of Agreement.--Any agreement under 
     subsection (a) shall provide that the State agency of the 
     State will make payments of emergency unemployment 
     compensation to individuals who--
       (1) have exhausted all rights to regular compensation under 
     the State law or under Federal law with respect to a benefit 
     year (excluding any benefit year that ended before May 1, 
     2007);
       (2) have no rights to regular compensation or extended 
     compensation with respect to a week under such law or any 
     other State unemployment compensation law or to compensation 
     under any other Federal law (except as provided under 
     subsection (e)); and
       (3) are not receiving compensation with respect to such 
     week under the unemployment compensation law of Canada.
       (c) Exhaustion of Benefits.--For purposes of subsection 
     (b)(1), an individual shall be deemed to have exhausted such 
     individual's rights to regular compensation under a State law 
     when--
       (1) no payments of regular compensation can be made under 
     such law because such individual has received all regular 
     compensation available to such individual based on employment 
     or wages during such individual's base period; or
       (2) such individual's rights to such compensation have been 
     terminated by reason of the expiration of the benefit year 
     with respect to which such rights existed.
       (d) Weekly Benefit Amount, Etc.--For purposes of any 
     agreement under this title--
       (1) the amount of emergency unemployment compensation which 
     shall be payable to any individual for any week of total 
     unemployment shall be equal to the amount of the regular 
     compensation (including dependents' allowances) payable to 
     such individual during such individual's benefit year under 
     the State law for a week of total unemployment;
       (2) the terms and conditions of the State law which apply 
     to claims for regular compensation and to the payment thereof 
     shall apply to claims for emergency unemployment compensation 
     and the payment thereof, except--

[[Page 13097]]

       (A) that an individual shall not be eligible for emergency 
     unemployment compensation under this title unless, in the 
     base period with respect to which the individual exhausted 
     all rights to regular compensation under the State law, the 
     individual had 20 weeks of full-time insured employment or 
     the equivalent in insured wages, as determined under the 
     provisions of the State law implementing section 202(a)(5) of 
     the Federal-State Extended Unemployment Compensation Act of 
     1970 (26 U.S.C. 3304 note); and
       (B) where otherwise inconsistent with the provisions of 
     this title or with the regulations or operating instructions 
     of the Secretary promulgated to carry out this title; and
       (3) the maximum amount of emergency unemployment 
     compensation payable to any individual for whom an emergency 
     unemployment compensation account is established under 
     section 4002 shall not exceed the amount established in such 
     account for such individual.
       (e) Election by States.--Notwithstanding any other 
     provision of Federal law (and if State law permits), the 
     Governor of a State that is in an extended benefit period may 
     provide for the payment of emergency unemployment 
     compensation prior to extended compensation to individuals 
     who otherwise meet the requirements of this section.
       (f) Unauthorized Aliens Ineligible.--A State shall require 
     as a condition of eligibility for emergency unemployment 
     compensation under this Act that each alien who receives such 
     compensation must be legally authorized to work in the United 
     States, as defined for purposes of the Federal Unemployment 
     Tax Act (26 U.S.C. 3301 et seq.). In determining whether an 
     alien meets the requirements of this subsection, a State must 
     follow the procedures provided in section 1137(d) of the 
     Social Security Act (42 U.S.C. 1320b-7(d)).


              emergency unemployment compensation account

       Sec. 4002.  (a) In General.--Any agreement under this title 
     shall provide that the State will establish, for each 
     eligible individual who files an application for emergency 
     unemployment compensation, an emergency unemployment 
     compensation account with respect to such individual's 
     benefit year.
       (b) Amount in Account.--
       (1) In general.--The amount established in an account under 
     subsection (a) shall be equal to the lesser of--
       (A) 50 percent of the total amount of regular compensation 
     (including dependents' allowances) payable to the individual 
     during the individual's benefit year under such law, or
       (B) 13 times the individual's average weekly benefit amount 
     for the benefit year.
       (2) Weekly benefit amount.--For purposes of this 
     subsection, an individual's weekly benefit amount for any 
     week is the amount of regular compensation (including 
     dependents' allowances) under the State law payable to such 
     individual for such week for total unemployment.


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

       Sec. 4003.  (a) General Rule.--There shall be paid to each 
     State that has entered into an agreement under this title an 
     amount equal to 100 percent of the emergency unemployment 
     compensation paid to individuals by the State pursuant to 
     such agreement.
       (b) Treatment of Reimbursable Compensation.--No payment 
     shall be made to any State under this section in respect of 
     any compensation to the extent the State is entitled to 
     reimbursement in respect of such compensation under the 
     provisions of any Federal law other than this title or 
     chapter 85 of title 5, United States Code. A State shall not 
     be entitled to any reimbursement under such chapter 85 in 
     respect of any compensation to the extent the State is 
     entitled to reimbursement under this title in respect of such 
     compensation.
       (c) Determination of Amount.--Sums payable to any State by 
     reason of such State having an agreement under this title 
     shall be payable, either in advance or by way of 
     reimbursement (as may be determined by the Secretary), in 
     such amounts as the Secretary estimates the State will be 
     entitled to receive under this title for each calendar month, 
     reduced or increased, as the case may be, by any amount by 
     which the Secretary finds that the Secretary's estimates for 
     any prior calendar month were greater or less than the 
     amounts which should have been paid to the State. Such 
     estimates may be made on the basis of such statistical, 
     sampling, or other method as may be agreed upon by the 
     Secretary and the State agency of the State involved.


                          financing provisions

       Sec. 4004.  (a) In General.--Funds in the extended 
     unemployment compensation account (as established by section 
     905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the 
     Unemployment Trust Fund (as established by section 904(a) of 
     such Act (42 U.S.C. 1104(a)) shall be used for the making of 
     payments to States having agreements entered into under this 
     title.
       (b) Certification.--The Secretary shall from time to time 
     certify to the Secretary of the Treasury for payment to each 
     State the sums payable to such State under this title. The 
     Secretary of the Treasury, prior to audit or settlement by 
     the Government Accountability Office, shall make payments to 
     the State in accordance with such certification, by transfers 
     from the extended unemployment compensation account (as so 
     established) to the account of such State in the Unemployment 
     Trust Fund (as so established).
       (c) Assistance to States.--There are appropriated out of 
     the employment security administration account (as 
     established by section 901(a) of the Social Security Act (42 
     U.S.C. 1101(a)) of the Unemployment Trust Fund, without 
     fiscal year limitation, such funds as may be necessary for 
     purposes of assisting States (as provided in title III of the 
     Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 
     costs of administration of agreements under this title.
       (d) Appropriations for Certain Payments.--There are 
     appropriated from the general fund of the Treasury, without 
     fiscal year limitation, to the extended unemployment 
     compensation account (as so established) of the Unemployment 
     Trust Fund (as so established) such sums as the Secretary 
     estimates to be necessary to make the payments under this 
     section in respect of--
       (1) compensation payable under chapter 85 of title 5, 
     United States Code; and
       (2) compensation payable on the basis of services to which 
     section 3309(a)(1) of the Internal Revenue Code of 1986 
     applies.
     Amounts appropriated pursuant to the preceding sentence shall 
     not be required to be repaid.


                         fraud and overpayments

       Sec. 4005.  (a) In General.--If an individual knowingly has 
     made, or caused to be made by another, a false statement or 
     representation of a material fact, or knowingly has failed, 
     or caused another to fail, to disclose a material fact, and 
     as a result of such false statement or representation or of 
     such nondisclosure such individual has received an amount of 
     emergency unemployment compensation under this title to which 
     such individual was not entitled, such individual--
       (1) shall be ineligible for further emergency unemployment 
     compensation under this title in accordance with the 
     provisions of the applicable State unemployment compensation 
     law relating to fraud in connection with a claim for 
     unemployment compensation; and
       (2) shall be subject to prosecution under section 1001 of 
     title 18, United States Code.
       (b) Repayment.--In the case of individuals who have 
     received amounts of emergency unemployment compensation under 
     this title to which they were not entitled, the State shall 
     require such individuals to repay the amounts of such 
     emergency unemployment compensation to the State agency, 
     except that the State agency may waive such repayment if it 
     determines that--
       (1) the payment of such emergency unemployment compensation 
     was without fault on the part of any such individual; and
       (2) such repayment would be contrary to equity and good 
     conscience.
       (c) Recovery by State Agency.--
       (1) In general.--The State agency may recover the amount to 
     be repaid, or any part thereof, by deductions from any 
     emergency unemployment compensation payable to such 
     individual under this title or from any unemployment 
     compensation payable to such individual under any State or 
     Federal unemployment compensation law administered by the 
     State agency or under any other State or Federal law 
     administered by the State agency which provides for the 
     payment of any assistance or allowance with respect to any 
     week of unemployment, during the 3-year period after the date 
     such individuals received the payment of the emergency 
     unemployment compensation to which they were not entitled, 
     except that no single deduction may exceed 50 percent of the 
     weekly benefit amount from which such deduction is made.
       (2) Opportunity for hearing.--No repayment shall be 
     required, and no deduction shall be made, until a 
     determination has been made, notice thereof and an 
     opportunity for a fair hearing has been given to the 
     individual, and the determination has become final.
       (d) Review.--Any determination by a State agency under this 
     section shall be subject to review in the same manner and to 
     the same extent as determinations under the State 
     unemployment compensation law, and only in that manner and to 
     that extent.


                              definitions

       Sec. 4006.  In this title, the terms ``compensation'', 
     ``regular compensation'', ``extended compensation'', 
     ``benefit year'', ``base period'', ``State'', ``State 
     agency'', ``State law'', and ``week'' have the respective 
     meanings given such terms under section 205 of the Federal-
     State Extended Unemployment Compensation Act of 1970 (26 
     U.S.C. 3304 note).


                             applicability

       Sec. 4007.  (a) In General.--Except as provided in 
     subsection (b), an agreement entered into under this title 
     shall apply to weeks of unemployment--
       (1) beginning after the date on which such agreement is 
     entered into; and

[[Page 13098]]

       (2) ending on or before March 31, 2009.
       (b) Transition for Amount Remaining in Account.--
       (1) In general.--Subject to paragraph (2), in the case of 
     an individual who has amounts remaining in an account 
     established under section 4002 as of the last day of the last 
     week (as determined in accordance with the applicable State 
     law) ending on or before March 31, 2009, emergency 
     unemployment compensation shall continue to be payable to 
     such individual from such amounts for any week beginning 
     after such last day for which the individual meets the 
     eligibility requirements of this title.
       (2) Limit on compensation.--No compensation shall be 
     payable by reason of paragraph (1) for any week beginning 
     after June 30, 2009.

                TITLE V--VETERANS EDUCATIONAL ASSISTANCE


                              short title

       Sec. 5001.  This title may be cited as the ``Post-9/11 
     Veterans Educational Assistance Act of 2008''.


                                findings

       Sec. 5002.  Congress makes the following findings:
       (1) On September 11, 2001, terrorists attacked the United 
     States, and the brave members of the Armed Forces of the 
     United States were called to the defense of the Nation.
       (2) Service on active duty in the Armed Forces has been 
     especially arduous for the members of the Armed Forces since 
     September 11, 2001.
       (3) The United States has a proud history of offering 
     educational assistance to millions of veterans, as 
     demonstrated by the many ``G.I. Bills'' enacted since World 
     War II. Educational assistance for veterans helps reduce the 
     costs of war, assist veterans in readjusting to civilian life 
     after wartime service, and boost the United States economy, 
     and has a positive effect on recruitment for the Armed 
     Forces.
       (4) The current educational assistance program for veterans 
     is outmoded and designed for peacetime service in the Armed 
     Forces.
       (5) The people of the United States greatly value military 
     service and recognize the difficult challenges involved in 
     readjusting to civilian life after wartime service in the 
     Armed Forces.
       (6) It is in the national interest for the United States to 
     provide veterans who serve on active duty in the Armed Forces 
     after September 11, 2001, with enhanced educational 
     assistance benefits that are worthy of such service and are 
     commensurate with the educational assistance benefits 
     provided by a grateful Nation to veterans of World War II.


educational assistance for members of the armed forces who serve after 
                           september 11, 2001

       Sec. 5003.  (a) Educational Assistance Authorized.--
       (1) In General.--Part III of title 38, United States Code, 
     is amended by inserting after chapter 32 the following new 
     chapter:

             ``CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE

                       ``subchapter i--definitions

``Sec.
``3301. Definitions.

                 ``subchapter ii--educational assistance

``3311. Educational assistance for service in the Armed Forces 
              commencing on or after September 11, 2001: entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: amount; payment.
``3314. Tutorial assistance.
``3315. Licensure and certification tests.
``3316. Supplemental educational assistance: members with critical 
              skills or specialty; members serving additional service.
``3317. Public-private contributions for additional educational 
              assistance.
``3318. Additional assistance: relocation or travel assistance for 
              individual relocating or traveling significant distance 
              for pursuit of a program of education.
``3319. Authority to transfer unused education benefits to family 
              members.

               ``subchapter iii--administrative provisions

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

                      ``SUBCHAPTER I--DEFINITIONS

     ``Sec. 3301. Definitions

       ``In this chapter:
       ``(1) The term `active duty' has the meanings as follows 
     (subject to the limitations specified in sections 3002(6) and 
     3311(b)):
       ``(A) In the case of members of the regular components of 
     the Armed Forces, the meaning given such term in section 
     101(21)(A).
       ``(B) In the case of members of the reserve components of 
     the Armed Forces, service on active duty under a call or 
     order to active duty under section 688, 12301(a), 12301(d), 
     12301(g), 12302, or 12304 of title 10.
       ``(2) The term `entry level and skill training' means the 
     following:
       ``(A) In the case of members of the Army, Basic Combat 
     Training and Advanced Individual Training.
       ``(B) In the case of members of the Navy, Recruit Training 
     (or Boot Camp) and Skill Training (or so-called `A' School).
       ``(C) In the case of members of the Air Force, Basic 
     Military Training and Technical Training.
       ``(D) In the case of members of the Marine Corps, Recruit 
     Training and Marine Corps Training (or School of Infantry 
     Training).
       ``(E) In the case of members of the Coast Guard, Basic 
     Training.
       ``(3) The term `program of education' has the meaning given 
     such term in section 3002, except to the extent otherwise 
     provided in section 3313.
       ``(4) The term `Secretary of Defense' means the Secretary 
     of Defense, except that the term means the Secretary of 
     Homeland Security with respect to the Coast Guard when it is 
     not operating as a service in the Navy.

                ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

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

       ``(a) Entitlement.--Subject to subsections (d) and (e), 
     each individual described in subsection (b) is entitled to 
     educational assistance under this chapter.
       ``(b) Covered Individuals.--An individual described in this 
     subsection is any individual as follows:
       ``(1) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 36 months on active duty in the Armed 
     Forces (including service on active duty in entry level and 
     skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty; or
       ``(ii) is discharged or released from active duty as 
     described in subsection (c).
       ``(2) An individual who--
       ``(A) commencing on or after September 11, 2001, serves at 
     least 30 continuous days on active duty in the Armed Forces; 
     and
       ``(B) after completion of service described in subparagraph 
     (A), is discharged or released from active duty in the Armed 
     Forces for a service-connected disability.
       ``(3) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 30 months, but less than 36 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 36 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 36 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(4) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 24 months, but less than 30 months, on 
     active duty in the Armed Forces (including service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 30 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 30 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(5) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 18 months, but less than 24 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 24 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 24 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(6) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 12 months, but less than 18 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--
       ``(i) continues on active duty for an aggregate of less 
     than 18 months; or
       ``(ii) before completion of service on active duty of an 
     aggregate of 18 months, is discharged or released from active 
     duty as described in subsection (c).
       ``(7) An individual who--
       ``(A) commencing on or after September 11, 2001, serves an 
     aggregate of at least 6 months, but less than 12 months, on 
     active duty in the Armed Forces (excluding service on active 
     duty in entry level and skill training); and
       ``(B) after completion of service described in subparagraph 
     (A)--

[[Page 13099]]

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

     ``Sec. 3312. Educational assistance: duration

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

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

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

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

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

[[Page 13100]]

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

     ``Sec. 3314. Tutorial assistance

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

     ``Sec. 3315. Licensure and certification tests

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

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

       ``(a) Increased Assistance for Members With Critical Skills 
     or Specialty.--
       ``(1) In general.--In the case of an individual who has a 
     skill or specialty designated by the Secretary concerned as a 
     skill or specialty in which there is a critical shortage of 
     personnel or for which it is difficult to recruit or, in the 
     case of critical units, retain personnel, the Secretary 
     concerned may increase the monthly amount of educational 
     assistance otherwise payable to the individual under 
     paragraph (1)(B) of section 3313(c), or under paragraphs (2) 
     through (7) of such section (as applicable).
       ``(2) Maximum amount of increase in assistance.--The amount 
     of the increase in educational assistance authorized by 
     paragraph (1) may not exceed the amount equal to the monthly 
     amount of increased basic educational assistance providable 
     under section 3015(d)(1) at the time of the increase under 
     paragraph (1).
       ``(b) Supplemental Assistance for Additional Service.--
       ``(1) In general.--The Secretary concerned may provide for 
     the payment to an individual entitled to educational 
     assistance under this chapter of supplemental educational 
     assistance for additional service authorized by subchapter 
     III of chapter 30. The amount so payable shall be payable as 
     an increase in the monthly amount of educational assistance 
     otherwise payable to the individual under paragraph (1)(B) of 
     section 3313(c), or under paragraphs (2) through (7) of such 
     section (as applicable).

[[Page 13101]]

       ``(2) Eligibility.--Eligibility for supplement educational 
     assistance under this subsection shall be determined in 
     accordance with the provisions of subchapter III of chapter 
     30, except that any reference in such provisions to 
     eligibility for basic educational assistance under a 
     provision of subchapter II of chapter 30 shall be treated as 
     a reference to eligibility for educational assistance under 
     the appropriate provision of this chapter.
       ``(3) Amount.--The amount of supplemental educational 
     assistance payable under this subsection shall be the amount 
     equal to the monthly amount of supplemental educational 
     payable under section 3022.
       ``(c) Regulations.--The Secretaries concerned shall 
     administer this section in accordance with such regulations 
     as the Secretary of Defense shall prescribe.

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

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

     ``Sec. 3318. Additional assistance: relocation or travel 
       assistance for individual relocating or traveling 
       significant distance for pursuit of a program of education

       ``(a) Additional Assistance.--Each individual described in 
     subsection (b) shall be paid additional assistance under this 
     section in the amount of $500.
       ``(b) Covered Individuals.--An individual described in this 
     subsection is any individual entitled to educational 
     assistance under this chapter--
       ``(1) who resides in a county (or similar entity utilized 
     by the Bureau of the Census) with less than seven persons per 
     square mile, according to the most recent decennial Census; 
     and
       ``(2) who--
       ``(A) physically relocates a distance of at least 500 miles 
     in order to pursue a program of education for which the 
     individual utilizes educational assistance under this 
     chapter; or
       ``(B) travels by air to physically attend an institution of 
     higher education for pursuit of such a program of education 
     because the individual cannot travel to such institution by 
     automobile or other established form of transportation due to 
     an absence of road or other infrastructure.
       ``(c) Proof of Residence.--For purposes of subsection 
     (b)(1), an individual may demonstrate the individual's place 
     of residence utilizing any of the following:
       ``(1) DD Form 214, Certification of Release or Discharge 
     from Active Duty.
       ``(2) The most recent Federal income tax return.
       ``(3) Such other evidence as the Secretary shall prescribe 
     for purposes of this section.
       ``(d) Single Payment of Assistance.--An individual is 
     entitled to only one payment of additional assistance under 
     this section.
       ``(e) No Charge Against Entitlement.--Any amount paid an 
     individual under this section is in addition to any other 
     educational assistance benefits provided the individual under 
     this chapter.

     ``Sec. 3319. Authority to transfer unused education benefits 
       to family members

       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary of Defense may authorize the Secretary 
     concerned, to promote recruitment and retention of members of 
     the Armed Forces, to permit an individual described in 
     subsection (b) who is entitled to educational assistance 
     under this chapter to elect to transfer to one or more of the 
     dependents specified in subsection (c) a portion of such 
     individual's entitlement to such assistance, subject to the 
     limitation under subsection (d).
       ``(b) Eligible Individuals.--An individual referred to in 
     subsection (a) is any member of the Armed Forces who, at the 
     time of the approval of the individual's request to transfer 
     entitlement to educational assistance under this section, has 
     completed at least--
       ``(1) six years of service in the armed forces and enters 
     into an agreement to serve at least four more years as a 
     member of the Armed Forces; or
       ``(2) the years of service as determined in regulations 
     pursuant to section (k).
       ``(c) Eligible Dependents.--An individual approved to 
     transfer an entitlement to educational assistance under this 
     section may transfer the individual's entitlement as follows:
       ``(1) To the individual's spouse.
       ``(2) To one or more of the individual's children.
       ``(3) To a combination of the individuals referred to in 
     paragraphs (1) and (2).
       ``(d) Limitation on Months of Transfer.--The total number 
     of months of entitlement transferred by a individual under 
     this section may not exceed 36 months. The Secretary of 
     Defense may prescribe regulations that would limit the months 
     of entitlement that may be transferred under this section to 
     no less than 18 months.
       ``(e) Designation of Transferee.--An individual 
     transferring an entitlement to educational assistance under 
     this section shall--
       ``(1) designate the dependent or dependents to whom such 
     entitlement is being transferred;
       ``(2) designate the number of months of such entitlement to 
     be transferred to each such dependent; and
       ``(3) specify the period for which the transfer shall be 
     effective for each dependent designated under paragraph (1).
       ``(f) Time for Transfer; Revocation and Modification.--
       ``(1) Time for transfer.--Subject to the time limitation 
     for use of entitlement under section 3321 an individual 
     approved to transfer entitlement to educational assistance 
     under this section may transfer such entitlement only while 
     serving as a member of the armed forces when the transfer is 
     executed.
       ``(2) Modification or revocation.--
       ``(A) In general.--An individual transferring entitlement 
     under this section may modify or revoke at any time the 
     transfer of any unused portion of the entitlement so 
     transferred.
       ``(B) Notice.--The modification or revocation of the 
     transfer of entitlement under this paragraph shall be made by 
     the submittal of written notice of the action to both the 
     Secretary concerned and the Secretary of Veterans Affairs.
       ``(3) Prohibition on treatment of transferred entitlement 
     as marital property.--Entitlement transferred under this 
     section may not be treated as marital property, or the asset 
     of a marital estate, subject to division in a divorce or 
     other civil proceeding.
       ``(g) Commencement of Use.--A dependent to whom entitlement 
     to educational assistance is transferred under this section 
     may not commence the use of the transferred entitlement 
     until--
       ``(1) in the case of entitlement transferred to a spouse, 
     the completion by the individual making the transfer of at 
     least--
       ``(A) six years of service in the armed forces; or
       ``(B) the years of service as determined in regulations 
     pursuant to subsection (j); or
       ``(2) in the case of entitlement transferred to a child, 
     both--
       ``(A) the completion by the individual making the transfer 
     of at least--
       ``(i) ten years of service in the armed forces; or
       ``(ii) the years of service as determined in regulations 
     pursuant to subsection (j); and
       ``(B) either--
       ``(i) the completion by the child of the requirements of a 
     secondary school diploma (or equivalency certificate); or
       ``(ii) the attainment by the child of 18 years of age.
       ``(h) Additional Administrative Matters.--
       ``(1) Use.--The use of any entitlement to educational 
     assistance transferred under this section shall be charged 
     against the entitlement of the individual making the transfer

[[Page 13102]]

     at the rate of one month for each month of transferred 
     entitlement that is used.
       ``(2) Nature of transferred entitlement.--Except as 
     provided under subsection (e)(2) and subject to paragraphs 
     (5) and (6)--
       ``(A) in the case of entitlement transferred to a spouse 
     under this section, the spouse is entitled to educational 
     assistance under this chapter in the same manner as the 
     individual from whom the entitlement was transferred; or
       ``(B) in the case of entitlement transferred to a child 
     under this section, the child is entitled to educational 
     assistance under this chapter in the same manner as the 
     individual from whom the entitlement was transferred as if 
     the individual were not on active duty.
       ``(3) Rate of payment.--The monthly rate of educational 
     assistance payable to a dependent to whom entitlement 
     referred to in paragraph (2) is transferred under this 
     section shall be payable--
       ``(A) in the case of a spouse, at the same rate as such 
     entitlement would otherwise be payable under this chapter to 
     the individual making the transfer; or
       ``(B) in the case of a child, at the same rate as such 
     entitlement would otherwise be payable under this chapter to 
     the individual making the transfer as if the individual were 
     not on active duty.
       ``(4) Death of transferor.--The death of an individual 
     transferring an entitlement under this section shall not 
     affect the use of the entitlement by the dependent to whom 
     the entitlement is transferred.
       ``(5) Limitation on age of use by child transferees.--A 
     child to whom entitlement is transferred under this section 
     may use the benefit without regard to the 15-year delimiting 
     date, but may not use any entitlement so transferred after 
     attaining the age of 26 years.
       ``(6) Scope of use by transferees.--The purposes for which 
     a dependent to whom entitlement is transferred under this 
     section may use such entitlement shall include the pursuit 
     and completion of the requirements of a secondary school 
     diploma (or equivalency certificate).
       ``(7) Additional administrative provisions.--The 
     administrative provisions of this chapter shall apply to the 
     use of entitlement transferred under this section, except 
     that the dependent to whom the entitlement is transferred 
     shall be treated as the eligible individual for purposes of 
     such provisions.
       ``(i) Overpayment.--
       ``(1) Joint and several liability.--In the event of an 
     overpayment of educational assistance with respect to a 
     dependent to whom entitlement is transferred under this 
     section, the dependent and the individual making the transfer 
     shall be jointly and severally liable to the United States 
     for the amount of the overpayment for purposes of section 
     3685.
       ``(2) Failure to complete service agreement.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     if an individual transferring entitlement under this section 
     fails to complete the service agreed to by the individual 
     under subsection (b)(1) in accordance with the terms of the 
     agreement of the individual under that subsection, the amount 
     of any transferred entitlement under this section that is 
     used by a dependent of the individual as of the date of such 
     failure shall be treated as an overpayment of educational 
     assistance under paragraph (1).
       ``(B) Exception.--Subparagraph (A) shall not apply in the 
     case of an individual who fails to complete service agreed to 
     by the individual--
       ``(i) by reason of the death of the individual; or
       ``(ii) for a reason referred to in section 3311(c)(4).
       ``(j) Regulations.--(1) The Secretary of Defense, in 
     coordination with the Secretary of Veterans Affairs, shall 
     prescribe regulations for purposes of this section.
       ``(2) Such regulations shall specify--
       ``(A) the manner of authorizing the transfer of 
     entitlements under this section;
       ``(B) the eligibility criteria in accordance with 
     subsection (b); and
       ``(C) the manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).
       ``(k) Secretary Concerned Defined.--Notwithstanding section 
     101(25), in this section, the term `Secretary concerned' 
     means--
       ``(1) the Secretary of the Army with respect to matters 
     concerning the Army;
       ``(2) the Secretary of the Navy with respect to matters 
     concerning the Navy or the Marine Corps;
       ``(3) the Secretary of the Air Force with respect to 
     matters concerning the Air Force; and
       ``(4) the Secretary of Defense with respect to matters 
     concerning the Coast Guard, or the Secretary of Homeland 
     Security when it is not operating as a service in the Navy.

              ``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

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

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

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

       ``(a) In General.--An individual entitled to educational 
     assistance under this chapter who is also eligible for 
     educational assistance under chapter 30, 31, 32, or 35 of 
     this title, chapter 107, 1606, or 1607 of title 10, or the 
     provisions of the Hostage Relief Act of 1980 (Public Law 96-
     449; 5 U.S.C. 5561 note) may not receive assistance under two 
     or more such programs concurrently, but shall elect (in such 
     form and manner as the Secretary may prescribe) under which 
     chapter or provisions to receive educational assistance.
       ``(b) Inapplicability of Service Treated Under Educational 
     Loan Repayment Programs.--A period of service counted for 
     purposes of repayment of an education loan under chapter 109 
     of title 10 may not be counted as a period of service for 
     entitlement to educational assistance under this chapter.
       ``(c) Service in Selected Reserve.--An individual who 
     serves in the Selected Reserve may receive credit for such 
     service under only one of this chapter, chapter 30 of this 
     title, and chapters 1606 and 1607 of title 10, and shall 
     elect (in such form and manner as the Secretary may 
     prescribe) under which chapter such service is to be 
     credited.
       ``(d) Additional Coordination Matters.--In the case of an 
     individual entitled to educational assistance under chapter 
     30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 
     of title 10, or the provisions of the Hostage Relief Act of 
     1980, or making contributions toward entitlement to 
     educational assistance under chapter 30 of this title, as of 
     August 1, 2009, coordination of entitlement to educational 
     assistance under this chapter, on the one hand, and such 
     chapters or provisions, on the other, shall be governed by 
     the provisions of section 5003(c) of the Post-9/11 Veterans 
     Educational Assistance Act of 2008.

     ``Sec. 3323. Administration

       ``(a) In General.--
       ``(1) In general.--Except as otherwise provided in this 
     chapter, the provisions specified in section 3034(a)(1) shall 
     apply to the provision of educational assistance under this 
     chapter.
       ``(2) Special rule.--In applying the provisions referred to 
     in paragraph (1) to an individual entitled to educational 
     assistance under this chapter for purposes of this section, 
     the reference in such provisions to the term `eligible 
     veteran' shall be deemed to refer to an individual entitled 
     to educational assistance under this chapter.
       ``(3) Rule for applying section 3474.--In applying section 
     3474 to an individual entitled to educational assistance 
     under this chapter for purposes of this section, the 
     reference in such section 3474 to the term `educational 
     assistance allowance' shall be deemed to refer to educational 
     assistance payable under section 3313.
       ``(4) Rule for applying section 3482.--In applying section 
     3482(g) to an individual entitled to educational assistance 
     under this chapter for purposes of this section--
       ``(A) the first reference to the term `educational 
     assistance allowance' in such section 3482(g) shall be deemed 
     to refer to educational assistance payable under section 
     3313; and
       ``(B) the first sentence of paragraph (1) of such section 
     3482(g) shall be applied as if such sentence ended with 
     `equipment'.
       ``(b) Information on Benefits.--
       ``(1) Timing for providing.--The Secretary shall provide 
     the information described in paragraph (2) to each member of 
     the Armed Forces at such times as the Secretary and the 
     Secretary of Defense shall jointly prescribe in regulations.
       ``(2) Description of information.--The information 
     described in this paragraph is information on benefits, 
     limitations, procedures, eligibility requirements (including 
     time-in-service requirements), and other important aspects of 
     educational assistance under this chapter, including 
     application forms for such assistance under section 5102.

[[Page 13103]]

       ``(3) To whom provided.--The Secretary of Veterans Affairs 
     shall furnish the information and forms described in 
     paragraph (2), and other educational materials on educational 
     assistance under this chapter, to educational institutions, 
     training establishments, military education personnel, and 
     such other persons and entities as the Secretary considers 
     appropriate.
       ``(c) Regulations.--
       ``(1) In general.--The Secretary shall prescribe 
     regulations for the administration of this chapter.
       ``(2) Uniformity.--Any regulations prescribed by the 
     Secretary of Defense for purposes of this chapter shall apply 
     uniformly across the Armed Forces.

     ``Sec. 3324. Allocation of administration and costs

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

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

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

       (I) the numerator of which is--

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

       (II) the denominator of which is 36 months.

       (B) Months of remaining entitlement for certain 
     individuals.--In the case of an individual covered by 
     subparagraph (A) who is

[[Page 13104]]

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


     increase in amounts of basic educational assistance under the 
                           montgomery gi bill

       Sec. 5004.  (a) Educational Assistance Based on Three-Year 
     Period of Obligated Service.--Subsection (a)(1) of section 
     3015 of title 38, United States Code, is amended--
       (1) by striking subparagraphs (A) through (C) and inserting 
     the following new subparagraph:
       ``(A) for months occurring during the period beginning on 
     August 1, 2008, and ending on the last day of fiscal year 
     2009, $1,321; and''; and
       (2) by redesignating subparagraph (D) as subparagraph (B).
       (b) Educational Assistance Based on Two-Year Period of 
     Obligated Service.--Subsection (b)(1) of such section is 
     amended--
       (1) by striking subparagraphs (A) through (C) and inserting 
     the following new subparagraph:
       ``(A) for months occurring during the period beginning on 
     August 1, 2008, and ending on the last day of fiscal year 
     2009, $1,073; and''; and
       (2) by redesignating subparagraph (D) as subparagraph (B).
       (c) Modification of Mechanism for Cost-of-Living 
     Adjustments.--Subsection (h)(1) of such section is amended by 
     striking subparagraphs (A) and (B) and inserting the 
     following new subparagraphs:
       ``(A) the average cost of undergraduate tuition in the 
     United States, as determined by the National Center for 
     Education Statistics, for the last academic year preceding 
     the beginning of the fiscal year for which the increase is 
     made, exceeds
       ``(B) the average cost of undergraduate tuition in the 
     United States, as so determined, for the academic year 
     preceding the academic year described in subparagraph (A).''.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on August 1, 2008.
       (2) No cost-of-living adjustment for fiscal year 2009.--The 
     adjustment required by subsection (h) of section 3015 of 
     title 38, United States Code (as amended by this section), in 
     rates of basic educational assistance payable under 
     subsections (a) and (b) of such section (as so amended) shall 
     not be made for fiscal year 2009.


 modification of amount available for reimbursement of state and local 
           agencies administering veterans education benefits

       Sec. 5005.  Section 3674(a)(4) of title 38, United States 
     Code, is amended by striking ``may not exceed'' and all that 
     follows through the end and inserting ``shall be 
     $19,000,000.''.


 authority to transfer unused education benefits to family members for 
                         career service members

       Sec. 5006.  (a) Authority to Transfer Montgomery GI Bill 
     Benefits to a Dependent.--Section 3020 of title 38, United 
     States Code, is amended--
       (1) by striking the section heading and subsections (a) and 
     (b) and inserting the following:

     ``Sec. 3020. Authority to transfer unused education benefits 
       to family members for career service members

       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary of Defense may authorize the Secretary 
     concerned, to promote recruitment and retention of members of 
     the Armed Forces, to permit an individual described in 
     subsection (b) who is entitled to basic educational 
     assistance under this subchapter to elect to transfer to one 
     or more of the dependents specified in subsection (c) the 
     unused portion of entitlement to such assistance, subject to 
     the limitation under subsection (d).
       ``(b) Eligible Individuals.--An individual referred to in 
     subsection (a) is any member of the Armed Forces--
       ``(1) who, while serving on active duty or as a member of 
     the Selected Reserve at the time of the approval by the 
     Secretary concerned of the member's request to transfer 
     entitlement to basic educational assistance under this 
     section, has completed six years of service in the Armed 
     Forces and enters into an agreement to serve at least four 
     more years as a member of the Armed Forces; or
       ``(2) as determined in regulations pursuant to subsection 
     (k).'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) Limitation on Months of Transfer.--(1) An individual 
     approved to transfer an entitlement to basic educational 
     assistance under this section may transfer any unused 
     entitlement to one or more of the dependents specified in 
     subsection (c).
       ``(2) The total number of months of entitlement transferred 
     by an individual under this section may not exceed 36 months. 
     The Secretary of Defense may prescribe regulations that would 
     limit the months of entitlement that may be transferred under 
     this section to no less than 18 months.'';
       (3) in subsection (f)(1) by striking ``without regard to 
     whether'' and inserting ``only while''; and
       (4) in subsection (f)(2) by inserting ``as long as the 
     individual is serving on active duty or as a member of the 
     Selected Reserve'' after ``so transferred'';
       (5) by adding at the end of subsection (f) the following:
       ``(3) Entitlement transferred under this section may not be 
     treated as marital property, or the asset of a marital 
     estate, subject to division in a divorce or other civil 
     proceeding.'';
       (6) in subsection (h)(5) by inserting ``may use the benefit 
     without regard to the 10-year delimiting date, but'' after 
     ``under this section''; and
       (7) by striking subsection (k) and inserting the following:
       ``(k) Regulations.--The Secretary of Defense, in 
     coordination with the Secretary of Veterans Affairs, shall 
     prescribe regulations for purposes of this section. Such 
     regulations shall specify--
       ``(1) the manner of authorizing the military departments to 
     offer transfer of entitlements under this section;
       ``(2) the eligibility criteria in accordance with 
     subsection (b);
       ``(3) the limitations on the amount of entitlement eligible 
     to be transferred; and
       ``(4) the manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).''.
       (b) Authority to Transfer Montgomery GI Bill for the 
     Selected Reserve Benefits to a Dependent.--Chapter 1606 of 
     title 10, United States Code, is amended by inserting after 
     section 16132 the following:

     ``Sec. 16132a. Authority to transfer unused education 
       benefits to family members

       ``(a) In General.--Subject to regulation prescribed by the 
     Secretary of Defense, the Secretary concerned may permit a 
     member described in subsection (b) who is entitled to basic 
     educational assistance under this chapter to elect to 
     transfer to one or more of the dependents specified in 
     subsection (c) a portion of such member's entitlement to such 
     assistance, subject to the limitation under subsection (d).
       ``(b) Eligible Members.--A member referred to in subsection 
     (a) is a member of the Selected Reserve of the Ready Reserve 
     who, at the time of the approval of the member's request to 
     transfer entitlement to basic educational assistance under 
     this section, has completed--
       ``(1) at least six years of service in the Selected Reserve 
     and enters into an agreement to service at least four more 
     years as a member of the armed forces; or
       ``(2) the years of service as determined in regulations 
     pursuant to subsection (j).
       ``(c) Eligible Dependents.--A member approved to transfer 
     an entitlement to basic educational assistance under this 
     section may transfer the member's entitlement as follows:
       ``(1) To the member's spouse.
       ``(2) To one or more of the member's children.
       ``(3) To a combination of the individuals referred to in 
     paragraphs (1) and (2).
       ``(d) Limitation on Months of Transfer.--The total number 
     of months of entitlement transferred by a member under this 
     section may not exceed 36 months. The Secretary of Defense 
     may prescribe regulations that would limit the months of 
     entitlement that may be transferred under this section to no 
     less than 18 months.
       ``(e) Designation of Transferee.--A member transferring an 
     entitlement to basic educational assistance under this 
     section shall--

[[Page 13105]]

       ``(1) designate the dependent or dependents to whom such 
     entitlement is being transferred;
       ``(2) designate the number of months of such entitlement to 
     be transferred to each such dependent; and
       ``(3) specify the period for which the transfer shall be 
     effective for each dependent designated under paragraph (1).
       ``(f) Time for Transfer; Revocation and Modification.--(1) 
     Subject to the time limitation for use of entitlement under 
     section 16133, a member approved to transfer entitlement to 
     basic educational assistance under this section may transfer 
     such entitlement at any time after the approval of the 
     member's request to transfer such entitlement.
       ``(2) A member transferring entitlement under this section 
     may modify or revoke at any time the transfer of any unused 
     portion of the entitlement so transferred. The modification 
     or revocation of the transfer of entitlement under this 
     paragraph shall be made by the submittal of written notice of 
     the action to both the Secretary concerned and the Secretary 
     of Veterans Affairs.
       ``(3) Entitlement transferred under this section may not be 
     treated as marital property, or the asset of a marital 
     estate, subject to division in a divorce or other civil 
     proceeding.
       ``(g) Commencement of Use.--A dependent to whom entitlement 
     to basic educational assistance is transferred under this 
     section may not commence the use of the transferred 
     entitlement until--
       ``(1) in the case of entitlement transferred to a spouse, 
     the completion by the member making the transfer of at 
     least--
       ``(A) six years of service in the armed forces; or
       ``(B) the years of service as determined in regulations 
     pursuant to subsection (j); or
       ``(2) in the case of entitlement transferred to a child, 
     both--
       ``(A) the completion by the member making the transfer of 
     at least--
       ``(i) ten years of service in the armed forces; or
       ``(ii) the years of service as determined in regulations 
     pursuant to subsection (j); and
       ``(B) either--
       ``(i) the completion by the child of the requirements of a 
     secondary school diploma (or equivalency certificate); or
       ``(ii) the attainment by the child of 18 years of age.
       ``(h) Additional Administrative Matters.--(1) The use of 
     any entitlement to basic educational assistance transferred 
     under this section shall be charged against the entitlement 
     of the member making the transfer at the rate of one month 
     for each month of transferred entitlement that is used.
       ``(2) Except as provided under subsection (e)(2) and 
     subject to paragraphs (5) and (6), a dependent to whom 
     entitlement is transferred under this section is entitled to 
     basic educational assistance under this chapter in the same 
     manner as the member from whom the entitlement was 
     transferred.
       ``(3) The monthly rate of educational assistance payable to 
     a dependent to whom entitlement is transferred under this 
     section shall be the monthly amount payable under sections 
     16131 and 16131a to the member making the transfer.
       ``(4) The death of a member transferring an entitlement 
     under this section shall not affect the use of the 
     entitlement by the dependent to whom the entitlement is 
     transferred.
       ``(5) The involuntary separation or retirement of the 
     member--
       ``(A) because of a nondiscretionary provision of law for 
     age or years of service;
       ``(B) because of a policy prescribed by the Secretary 
     concerned mandating such separation or retirement based 
     solely on age or years of service for the prescribed pay 
     grade of an enlisted member;
       ``(C) under section 16133(b); or
       ``(D) because of medical disqualification which is not the 
     result of gross negligence or misconduct of the member,
     shall not affect the use of entitlement by the dependent to 
     whom the entitlement is transferred.
       ``(6) A child to whom entitlement is transferred under this 
     section may not use any entitlement so transferred after 
     attaining the age of 26 years.
       ``(7) The administrative provisions of this chapter shall 
     apply to the use of entitlement transferred under this 
     section, except that the dependent to whom the entitlement is 
     transferred shall be treated as the eligible member for 
     purposes of such provisions.
       ``(8) The purposes for which a dependent to whom 
     entitlement is transferred under this section may use such 
     entitlement shall include the pursuit and completion of the 
     requirements of a secondary school diploma (or equivalency 
     certificate).
       ``(i) Overpayment.--(1) In the event of an overpayment of 
     basic educational assistance with respect to a dependent to 
     whom entitlement is transferred under this section, the 
     dependent and the member making the transfer shall be jointly 
     and severally liable to the United States for the amount of 
     the overpayment for purposes of section 3685 of title 38.
       ``(2) Except as provided in paragraph (3), if a member's 
     whose eligibility is terminated under section 16134(2), the 
     amount of any transferred entitlement under this section that 
     is used by a dependent of the member as of the date of such 
     termination shall be treated as an overpayment of basic 
     educational assistance under paragraph (1).
       ``(3) Paragraph (2) shall not apply in the case of a member 
     who fails to complete service agreed to by the member--
       ``(A) by reason of the death of the member; or
       ``(B) for a reason referred to in section 16133(b).
       ``(j) Regulations.--The Secretary of Defense, in 
     consultation with the Secretary of Veterans Affairs, shall 
     prescribe regulations for purposes of this section. Such 
     regulations shall specify--
       ``(1) the manner of authorizing the military departments to 
     offer transfer of entitlements under this section;
       ``(2) the eligibility criteria in accordance with 
     subsection (b);
       ``(3) the manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2); and
       ``(4) the manner in which the provisions referred to in 
     subsections (h)(4) and (5) shall be administered with respect 
     to a dependent to whom entitlement is transferred under this 
     section.''.
       (c) Authority to Transfer Reserve Educational Assistance 
     Program Benefits to a Dependent.--Chapter 1607 of such title 
     is amended by inserting after section 16163 the following:

     ``Sec. 16163a. Authority to transfer unused education 
       benefits to family members

       ``(a) In General.--Subject to the provisions of this 
     section, the Secretary concerned may permit, at such 
     Secretary's sole discretion, a member described in subsection 
     (b) who is entitled to basic educational assistance under 
     this chapter to elect to transfer to one or more of the 
     dependents specified in subsection (c) a portion of such 
     member's entitlement to such assistance, subject to the 
     limitation under subsection (d).
       ``(b) Eligible Members.--A member referred to in subsection 
     (a) is a member of the armed forces who, at the time of the 
     approval of the member's request to transfer entitlement to 
     basic educational assistance under this section, has 
     completed at least--
       ``(1) six years of service in the armed forces and enters 
     into an agreement to serve at least four more years as a 
     member of the armed forces; or
       ``(2) the years of service as determined in regulations 
     pursuant to section (j).
       ``(c) Eligible Dependents.--A member approved to transfer 
     an entitlement to basic educational assistance under this 
     section may transfer the member's entitlement as follows:
       ``(1) To the member's spouse.
       ``(2) To one or more of the member's children.
       ``(3) To a combination of the individuals referred to in 
     paragraphs (1) and (2).
       ``(d) Limitation on Months of Transfer.--The total number 
     of months of entitlement transferred by a member under this 
     section may not exceed 36 months. The Secretary of Defense 
     may prescribe regulations that would limit the months of 
     entitlement that may be transferred under this section to no 
     less than 18 months.
       ``(e) Designation of Transferee.--A member transferring an 
     entitlement to basic educational assistance under this 
     section shall--
       ``(1) designate the dependent or dependents to whom such 
     entitlement is being transferred;
       ``(2) designate the number of months of such entitlement to 
     be transferred to each such dependent; and
       ``(3) specify the period for which the transfer shall be 
     effective for each dependent designated under paragraph (1).
       ``(f) Time for Transfer; Revocation and Modification.--(1) 
     Subject to the time limitation for use of entitlement under 
     section 16164, a member approved to transfer entitlement to 
     basic educational assistance under this section may transfer 
     such entitlement only while serving as a member of the armed 
     forces when the transfer is executed.
       ``(2) A member transferring entitlement under this section 
     may modify or revoke at any time the transfer of any unused 
     portion of the entitlement so transferred. The modification 
     or revocation of the transfer of entitlement under this 
     paragraph shall be made by the submittal of written notice of 
     the action to both the Secretary concerned and the Secretary 
     of Veterans Affairs.
       ``(3) Entitlement transferred under this section may not be 
     treated as marital property, or the asset of a marital 
     estate, subject to division in a divorce or other civil 
     proceeding.
       ``(g) Commencement of Use.--A dependent to whom entitlement 
     to basic educational assistance is transferred under this 
     section may not commence the use of the transferred 
     entitlement until--
       ``(1) in the case of entitlement transferred to a spouse, 
     the completion by the member making the transfer of at 
     least--
       ``(A) six years of service in the armed forces; or
       ``(B) the years of service as determined in regulations 
     pursuant to subsection (j); or
       ``(2) in the case of entitlement transferred to a child, 
     both--
       ``(A) the completion by the member making the transfer of 
     at least--

[[Page 13106]]

       ``(i) ten years of service in the armed forces; or
       ``(ii) the years of service as determined in regulations 
     pursuant to subsection (j); and
       ``(B) either--
       ``(i) the completion by the child of the requirements of a 
     secondary school diploma (or equivalency certificate); or
       ``(ii) the attainment by the child of 18 years of age.
       ``(h) Additional Administrative Matters.--(1) The use of 
     any entitlement to basic educational assistance transferred 
     under this section shall be charged against the entitlement 
     of the member making the transfer at the rate of one month 
     for each month of transferred entitlement that is used.
       ``(2) Except as provided under subsection (e)(2) and 
     subject to paragraphs (5) and (6), a dependent to whom 
     entitlement is transferred under this section is entitled to 
     basic educational assistance under this chapter in the same 
     manner as the member from whom the entitlement was 
     transferred.
       ``(3) The monthly rate of educational assistance payable to 
     a dependent to whom entitlement is transferred under this 
     section shall be the monthly amount payable under sections 
     16162 and 16162a to the member making the transfer.
       ``(4) The death of a member transferring an entitlement 
     under this section shall not affect the use of the 
     entitlement by the dependent to whom the entitlement is 
     transferred.
       ``(5) Notwithstanding section 16164(a)(2), a child to whom 
     entitlement is transferred under this section may use the 
     benefit without regard to the 10-year delimiting date, but 
     may not use any entitlement so transferred after attaining 
     the age of 26 years.
       ``(6) The administrative provisions of this chapter shall 
     apply to the use of entitlement transferred under this 
     section, except that the dependent to whom the entitlement is 
     transferred shall be treated as the eligible member for 
     purposes of such provisions.
       ``(7) The purposes for which a dependent to whom 
     entitlement is transferred under this section may use such 
     entitlement shall include the pursuit and completion of the 
     requirements of a secondary school diploma (or equivalency 
     certificate).
       ``(i) Overpayment.--
       ``(1) Joint and several liability.--In the event of an 
     overpayment of basic educational assistance with respect to a 
     dependent to whom entitlement is transferred under this 
     section, the dependent and the member making the transfer 
     shall be jointly and severally liable to the United States 
     for the amount of the overpayment for purposes of section 
     3685 of title 38.
       ``(2) Failure to complete service agreement.--Except as 
     provided in paragraph (3), if an individual transferring 
     entitlement under this section fails to complete the service 
     agreed to by the individual under subsection (b)(1) in 
     accordance with the terms of the agreement of the individual 
     under that subsection, the amount of any transferred 
     entitlement under this section that is used by a dependent of 
     the individual as of the date of such failure shall be 
     treated as an overpayment of educational assistance under 
     paragraph (1).
       ``(3) Paragraph (2) shall not apply in the case of an 
     individual who fails to complete service agreed to by the 
     individual--
       ``(A) by reason of the death of the individual; or
       ``(B) for a reason referred to in section 16133(b).
       ``(j) Regulations.--(1) The Secretary of Defense, in 
     coordination with the Secretary of Veterans Affairs, shall 
     prescribe regulations for purposes of this section.
       ``(2) Such regulations shall specify--
       ``(A) the manner of authorizing the transfer of 
     entitlements under this section;
       ``(B) the eligibility criteria in accordance with 
     subsection (b); and
       ``(C) the manner and effect of an election to modify or 
     revoke a transfer of entitlement under subsection (f)(2).
       ``(k) Secretary Concerned Defined.--For purposes of this 
     section, the term `Secretary concerned' has the meaning given 
     in section 101(a)(9) in the case of a member of the armed 
     forces.''.
       (d) Conforming Amendments.--Section 16133(a) of title 10, 
     United States Code, is amended by striking ``(1)'' and all 
     that follows through the period at the end of the subsection 
     and inserting ``on the date the person is separated from the 
     Selected Reserve.''.
       (e) Clerical Amendments.--(1) The table of sections at the 
     beginning of chapter 30 of title 38, United States Code, is 
     amended by striking the item relating to section 3020 and 
     inserting the following new item:

``3020. Authority to transfer unused education benefits to family 
              members of career service members.''.
       (2) The table of sections at the beginning of chapter 1606 
     of title 10, United States Code, is amended by inserting 
     after the item relating to section 16132 the following new 
     item:

``16132a. Authority to transfer unused education benefits to family 
              members.''.
       (3) The table of sections at the beginning of chapter 1607 
     of such title is amended by inserting after the item relating 
     to section 16163 the following new item:

``16163a. Authority to transfer unused education benefits to family 
              members.''.

  TITLE VI--ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT CONTRACTING

             CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE


                              short title

       Sec. 6101.  This chapter may be cited as the ``Close the 
     Contractor Fraud Loophole Act''.


             revision of the federal acquisition regulation

       Sec. 6102.  The Federal Acquisition Regulation shall be 
     amended within 180 days after the date of the enactment of 
     this Act pursuant to FAR Case 2007-006 (as published at 72 
     Fed Reg. 64019, November 14, 2007) or any follow-on FAR case 
     to include provisions that require timely notification by 
     Federal contractors of violations of Federal criminal law or 
     overpayments in connection with the award or performance of 
     covered contracts or subcontracts, including those performed 
     outside the United States and those for commercial items.


                               definition

       Sec. 6103.  In this chapter, the term ``covered contract'' 
     means any contract in an amount greater than $5,000,000 and 
     more than 120 days in duration.

               CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY


                              short title

       Sec. 6201.  This chapter may be cited as the ``Government 
     Funding Transparency Act of 2008''.


  financial disclosure requirements for certain recipients of federal 
                                 awards

       Sec. 6202.  (a) Disclosure Requirements.--Section 2(b)(1) 
     of the Federal Funding Accountability and Transparency Act 
     (Public Law 109-282; 31 U.S.C. 6101 note) is amended--
       (1) by striking ``and'' at the end of subparagraph (E);
       (2) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (3) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) the names and total compensation of the five most 
     highly compensated officers of the entity if--
       ``(i) the entity in the preceding fiscal year received--

       ``(I) 80 percent or more of its annual gross revenues in 
     Federal awards; and
       ``(II) $25,000,000 or more in annual gross revenues from 
     Federal awards; and

       ``(ii) the public does not have access to information about 
     the compensation of the senior executives of the entity 
     through periodic reports filed under section 13(a) or 15(d) 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 
     78o(d)) or section 6104 of the Internal Revenue Code of 
     1986.''.
       (b) Regulations Required.--The Director of the Office of 
     Management and Budget shall promulgate regulations to 
     implement the amendment made by this chapter. Such 
     regulations shall include a definition of ``total 
     compensation'' that is consistent with regulations of the 
     Securities and Exchange Commission at section 402 of part 229 
     of title 17 of the Code of Federal Regulations (or any 
     subsequent regulation).

                     TITLE VII--MEDICAID PROVISIONS

       Sec. 7001. (a) Moratoria on Certain Medicaid Regulations.--
       (1) Extension of certain moratoria in public law 110-28.--
     Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' 
     Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28) is amended--
       (A) by striking ``prior to the date that is 1 year after 
     the date of enactment of this Act'' and inserting ``prior to 
     April 1, 2009'';
       (B) in subparagraph (A), by inserting after ``Federal 
     Regulations)'' the following: ``or in the final regulation, 
     relating to such parts, published on May 29, 2007 (72 Federal 
     Register 29748) and determined by the United States District 
     Court for the District of Columbia to have been `improperly 
     promulgated', Alameda County Medical Center, et al., v. 
     Leavitt, et al., Civil Action No. 08-0422, Mem. at 4 (D.D.C. 
     May 23, 2008)''; and
       (C) in subparagraph (C), by inserting before the period at 
     the end the following: ``, including the proposed regulation 
     published on May 23, 2007 (72 Federal Register 28930)''.
       (2) Extension of certain moratoria in public law 110-173.--
     Section 206 of the Medicare, Medicaid, and SCHIP Extension 
     Act of 2007 (Public Law 110-173) is amended--
       (A) by striking ``June 30, 2008'' and inserting ``April 1, 
     2009'';
       (B) by inserting ``, including the proposed regulation 
     published on August 13, 2007 (72 Federal Register 45201),'' 
     after ``rehabilitation services''; and
       (C) by inserting ``, including the final regulation 
     published on December 28, 2007 (72 Federal Register 73635),'' 
     after ``school-based transportation''.
       (3) Additional moratoria.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services shall not, 
     prior to April 1, 2009, take any action (through

[[Page 13107]]

     promulgation of regulation, issuance of regulatory guidance, 
     use of Federal payment audit procedures, or other 
     administrative action, policy, or practice, including a 
     Medical Assistance Manual transmittal or letter to State 
     Medicaid directors) to impose any restrictions relating to a 
     provision described in subparagraph (B) or (C) if such 
     restrictions are more restrictive in any aspect than those 
     applied to the respective provision as of the date specified 
     in subparagraph (D) for such provision.
       (B) Portion of interim final regulation relating to 
     medicaid treatment of optional case management services.--
       (i) In general.--Subject to clause (ii), the provision 
     described in this subparagraph is the interim final 
     regulation relating to optional State plan case management 
     services under the Medicaid program published on December 4, 
     2007 (72 Federal Register 68077) in its entirety.
       (ii) Exception.--The provision described in this 
     subparagraph does not include the portion of such regulation 
     as relates directly to implementing section 1915(g)(2)(A)(ii) 
     of the Social Security Act, as amended by section 6052 of the 
     Deficit Reduction Act of 2005 (Public Law 109-171), through 
     the definition of case management services and targeted case 
     management services contained in proposed section 440.169 of 
     title 42, Code of Federal Regulations, but only to the extent 
     that such portion is not more restrictive than the policies 
     set forth in the Dear State Medicaid Director letter on case 
     management issued on January 19, 2001 (SMDL #01-013), and 
     with respect to community transition case management, the 
     Dear State Medicaid Director letter issued on July 25, 2000 
     (Olmstead Update 3).
       (C) Portion of proposed regulation relating to medicaid 
     allowable provider taxes.--
       (i) In general.--Subject to clause (ii), the provision 
     described in this subparagraph is the final regulation 
     relating to health-care-related taxes under the Medicaid 
     program published on February 22, 2008 (73 Federal Register 
     9685) in its entirety.
       (ii) Exception.--The provision described in this 
     subparagraph does not include the portions of such regulation 
     as relate to the following:

       (I) Reduction in threshold.--The reduction from 6 percent 
     to 5.5 percent in the threshold applied under section 
     433.68(f)(3)(i) of title 42, Code of Federal Regulations, for 
     determining whether or not there is an indirect guarantee to 
     hold a taxpayer harmless, as required to carry out section 
     1903(w)(4)(C)(ii) of the Social Security Act, as added by 
     section 403 of the Medicare Improvement and Extension Act of 
     2006 (division B of Public Law 109-432).
       (II) Change in definition of managed care.--The change in 
     the definition of managed care as proposed in the revision of 
     section 433.56(a)(8) of title 42, Code of Federal 
     Regulations, as required to carry out section 
     1903(w)(7)(A)(viii) of the Social Security Act, as amended by 
     section 6051 of the Deficit Reduction Act of 2005 (Public Law 
     109-171).

       (D) Date specified.--The date specified in this 
     subparagraph for the provision described in--
       (i) subparagraph (B) is December 3, 2007; or
       (ii) subparagraph (C) is February 21, 2008.
       (b) Funds to Reduce Medicaid Fraud and Abuse.--
       (1) In general.--For purposes of reducing fraud and abuse 
     in the Medicaid program under title XIX of the Social 
     Security Act--
       (A) there is appropriated to the Office of the Inspector 
     General of the Department of Health and Human Services, out 
     of any money in the Treasury not otherwise appropriated, 
     $25,000,000, for fiscal year 2009; and
       (B) there is authorized to be appropriated to such Office 
     $25,000,000 for fiscal year 2010 and each subsequent fiscal 
     year.

     Amounts appropriated under this section shall remain 
     available for expenditure until expended and shall be in 
     addition to any other amounts appropriated or made available 
     to such Office for such purposes with respect to the Medicaid 
     program.
       (2) Annual report.--Not later than September 30 of 2009 and 
     of each subsequent year, the Inspector General of the 
     Department of Health and Human Services shall submit to the 
     Committees on Energy and Commerce and Appropriations of the 
     House of Representatives and the Committees on Finance and 
     Appropriations of the Senate a report on the activities (and 
     the results of such activities) funded under paragraph (1) to 
     reduce waste, fraud, and abuse in the Medicaid program under 
     title XIX of the Social Security Act during the previous 12 
     month period, including the amount of funds appropriated 
     under such paragraph for each such activity and an estimate 
     of the savings to the Medicaid program resulting from each 
     such activity.
       (c) Study and Reports to Congress.--
       (1) Secretarial report identifying problems.--Not later 
     than January 1, 2009, the Secretary of Health and Human 
     Services shall submit to the Committee on Energy and Commerce 
     of the House of Representatives and the Committee on Finance 
     of the Senate a report that--
       (A) outlines the specific problems the Medicaid regulations 
     referred to in the amendments made by paragraphs (1) and (2) 
     of subsection (a) were intended to address;
       (B) details how these regulations were designed to address 
     these specific problems; and
       (C) cites the legal authority for such regulations.
       (2) Independent comprehensive study and report.--
       (A) In general.--Not later than January 1, 2009, the 
     Secretary of Health and Human Services shall enter into a 
     contract with an independent organization for the purpose 
     of--
       (i) producing a comprehensive report on the prevalence of 
     the problems outlined in the report submitted under paragraph 
     (1);
       (ii) identifying strategies in existence to address these 
     problems; and
       (iii) assessing the impact of each regulation referred to 
     in such paragraph on each State and the District of Columbia.
       (B) Additional matter.--The report under subparagraph (A) 
     shall also include--
       (i) an identification of which claims for items and 
     services (including administrative activities) under title 
     XIX of the Social Security Act are not processed through 
     systems described in section 1903(r) of such Act;
       (ii) an examination of the reasons why these claims for 
     such items and services are not processed through such 
     systems; and
       (iii) recommendations on actions by the Federal government 
     and the States that can make claims for such items and 
     services more accurate and complete consistent with such 
     title.
       (C) Deadline.--The report under subparagraph (A) shall be 
     submitted to the Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Finance of the 
     Senate not later than September 1, 2009.
       (D) Cooperation of states.--If the Secretary of Health and 
     Human Services determines that a State or the District of 
     Columbia has not cooperated with the independent organization 
     for purposes of the report under this paragraph, the 
     Secretary shall reduce the amount paid to the State or 
     District under section 1903(a) of the Social Security Act (42 
     U.S.C. 1396b(a)) by $25,000 for each day on which the 
     Secretary determines such State or District has not so 
     cooperated. Such reduction shall be made through a process 
     that permits the State or District to challenge the 
     Secretary's determination.
       (3) Funding.--
       (A) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated to the Secretary without further appropriation, 
     $5,000,000 to carry out this subsection.
       (B) Availability; amounts in addition to other amounts 
     appropriated for such activities.--Amounts appropriated 
     pursuant to subparagraph (A) shall--
       (i) remain available until expended; and
       (ii) be in addition to any other amounts appropriated or 
     made available to the Secretary of Health and Human Services 
     with respect to the Medicaid program.
       (d) Asset Verification Through Access to Information Held 
     by Financial Institutions.--
       (1) Addition of authority.--Title XIX of the Social 
     Security Act is amended by inserting after section 1939 the 
     following new section:


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

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

       ``(I) 12.5 percent by the end of fiscal year 2009.

[[Page 13108]]

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

       ``(B) Consideration.--In selecting States under 
     subparagraph (A)(ii), the Secretary shall consult with the 
     States involved and take into account the feasibility of 
     implementing asset verification programs in each such State.
       ``(C) States specified.--The States specified in this 
     subparagraph are California, New York, and New Jersey.
       ``(D) Construction.--Nothing in subparagraph (A)(ii) shall 
     be construed as preventing a State from requesting, and the 
     Secretary from approving, the implementation of an asset 
     verification program in advance of the deadline otherwise 
     established under such subparagraph.
       ``(4) Exemption of territories.--This section shall only 
     apply to the 50 States and the District of Columbia.
       ``(b) Asset Verification Program.--
       ``(1) In general.--For purposes of this section, an asset 
     verification program means a program described in paragraph 
     (2) under which a State--
       ``(A) requires each applicant for, or recipient of, medical 
     assistance under the State plan under this title on the basis 
     of being aged, blind, or disabled to provide authorization by 
     such applicant or recipient (and any other person whose 
     resources are required by law to be disclosed to determine 
     the eligibility of the applicant or recipient for such 
     assistance) for the State to obtain (subject to the cost 
     reimbursement requirements of section 1115(a) of the Right to 
     Financial Privacy Act but at no cost to the applicant or 
     recipient) from any financial institution (within the meaning 
     of section 1101(1) of such Act) any financial record (within 
     the meaning of section 1101(2) of such Act) held by the 
     institution with respect to the applicant or recipient (and 
     such other person, as applicable), whenever the State 
     determines the record is needed in connection with a 
     determination with respect to such eligibility for (or the 
     amount or extent of) such medical assistance; and
       ``(B) uses the authorization provided under subparagraph 
     (A) to verify the financial resources of such applicant or 
     recipient (and such other person, as applicable), in order to 
     determine or redetermine the eligibility of such applicant or 
     recipient for medical assistance under the State plan.
       ``(2) Program described.--A program described in this 
     paragraph is a program for verifying individual assets in a 
     manner consistent with the approach used by the Commissioner 
     of Social Security under section 1631(e)(1)(B)(ii).
       ``(c) Duration of Authorization.--Notwithstanding section 
     1104(a)(1) of the Right to Financial Privacy Act, an 
     authorization provided to a State under subsection (b)(1) 
     shall remain effective until the earliest of--
       ``(1) the rendering of a final adverse decision on the 
     applicant's application for medical assistance under the 
     State's plan under this title;
       ``(2) the cessation of the recipient's eligibility for such 
     medical assistance; or
       ``(3) the express revocation by the applicant or recipient 
     (or such other person described in subsection (b)(1), as 
     applicable) of the authorization, in a written notification 
     to the State.
       ``(d) Treatment of Right to Financial Privacy Act 
     Requirements.--
       ``(1) An authorization obtained by the State under 
     subsection (b)(1) shall be considered to meet the 
     requirements of the Right to Financial Privacy Act for 
     purposes of section 1103(a) of such Act, and need not be 
     furnished to the financial institution, notwithstanding 
     section 1104(a) of such Act.
       ``(2) The certification requirements of section 1103(b) of 
     the Right to Financial Privacy Act shall not apply to 
     requests by the State pursuant to an authorization provided 
     under subsection (b)(1).
       ``(3) A request by the State pursuant to an authorization 
     provided under subsection (b)(1) is deemed to meet the 
     requirements of section 1104(a)(3) of the Right to Financial 
     Privacy Act and of section 1102 of such Act, relating to a 
     reasonable description of financial records.
       ``(e) Required Disclosure.--The State shall inform any 
     person who provides authorization pursuant to subsection 
     (b)(1)(A) of the duration and scope of the authorization.
       ``(f) Refusal or Revocation of Authorization.--If an 
     applicant for, or recipient of, medical assistance under the 
     State plan under this title (or such other person described 
     in subsection (b)(1), as applicable) refuses to provide, or 
     revokes, any authorization made by the applicant or recipient 
     (or such other person, as applicable) under subsection 
     (b)(1)(A) for the State to obtain from any financial 
     institution any financial record, the State may, on that 
     basis, determine that the applicant or recipient is 
     ineligible for medical assistance.
       ``(g) Use of Contractor.--For purposes of implementing an 
     asset verification program under this section, a State may 
     select and enter into a contract with a public or private 
     entity meeting such criteria and qualifications as the State 
     determines appropriate, consistent with requirements in 
     regulations relating to general contracting provisions and 
     with section 1903(i)(2). In carrying out activities under 
     such contract, such an entity shall be subject to the same 
     requirements and limitations on use and disclosure of 
     information as would apply if the State were to carry out 
     such activities directly.
       ``(h) Technical Assistance.--The Secretary shall provide 
     States with technical assistance to aid in implementation of 
     an asset verification program under this section.
       ``(i) Reports.--A State implementing an asset verification 
     program under this section shall furnish to the Secretary 
     such reports concerning the program, at such times, in such 
     format, and containing such information as the Secretary 
     determines appropriate.
       ``(j) Treatment of Program Expenses.--Notwithstanding any 
     other provision of law, reasonable expenses of States in 
     carrying out the program under this section shall be treated, 
     for purposes of section 1903(a), in the same manner as State 
     expenditures specified in paragraph (7) of such section.''.
       (2) State plan requirements.--Section 1902(a) of such Act 
     (42 U.S.C. 1396a(a)) is amended--
       (A) in paragraph (69) by striking ``and'' at the end;
       (B) in paragraph (70) by striking the period at the end and 
     inserting ``; and''; and
       (C) by inserting after paragraph (70), as so amended, the 
     following new paragraph:
       ``(71) provide that the State will implement an asset 
     verification program as required under section 1940.''.
       (3) Withholding of federal matching payments for 
     noncompliant states.--Section 1903(i) of such Act (42 U.S.C. 
     1396b(i)) is amended--
       (A) in paragraph (22) by striking ``or'' at the end;
       (B) in paragraph (23) by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding after paragraph (23) the following new 
     paragraph:
       ``(24) if a State is required to implement an asset 
     verification program under section 1940 and fails to 
     implement such program in accordance with such section, with 
     respect to amounts expended by such State for medical 
     assistance for individuals subject to asset verification 
     under such section, unless--
       ``(A) the State demonstrates to the Secretary's 
     satisfaction that the State made a good faith effort to 
     comply;
       ``(B) not later than 60 days after the date of a finding 
     that the State is in noncompliance, the State submits to the 
     Secretary (and the Secretary approves) a corrective action 
     plan to remedy such noncompliance; and
       ``(C) not later than 12 months after the date of such 
     submission (and approval), the State fulfills the terms of 
     such corrective action plan.''.
       (4) Repeal.--Section 4 of Public Law 110-90 is repealed.
       Sec. 7002. (a) Medicare Improvement Fund.-- Title XVIII of 
     the Social Security Act (42 U.S.C. 1395 et seq.) is amended 
     by adding at the end the following new section:


                      ``medicare improvement fund

       ``Sec. 1898.  (a) Establishment.--The Secretary shall 
     establish under this title a Medicare Improvement Fund (in 
     this section referred to as the `Fund') which shall be 
     available to the Secretary to make improvements under the 
     original fee-for-service program under parts A and B for 
     individuals entitled to, or enrolled for, benefits under part 
     A or enrolled under part B.
       ``(b) Funding.--
       ``(1) In general.--There shall be available to the Fund, 
     for expenditures from the Fund for services furnished during 
     fiscal year 2014, $2,220,000,000.
       ``(2) Payment from trust funds.--The amount specified under 
     paragraph (1) shall be available to the Fund, as expenditures 
     are made from the Fund, from the Federal Hospital Insurance 
     Trust Fund and the Federal Supplementary Medical Insurance 
     Trust Fund in such proportion as the Secretary determines 
     appropriate.
       ``(3) Funding limitation.--Amounts in the Fund shall be 
     available in advance of appropriations but only if the total 
     amount obligated from the Fund does not exceed the amount 
     available to the Fund under paragraph (1). The Secretary may 
     obligate funds from the Fund only if the Secretary determines 
     (and the Chief Actuary of the Centers for Medicare & Medicaid 
     Services and the appropriate budget officer certify) that 
     there are available in the Fund sufficient amounts to cover 
     all such obligations incurred consistent with the previous 
     sentence.''.
       (b) Medicaid Improvement Fund.-- Title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.), as amended by section 
     7001(d), is further amended by adding at the end the 
     following new section:


                      ``medicaid improvement fund

       ``Sec. 1941.  (a) Establishment.--The Secretary shall 
     establish under this title a Medicaid Improvement Fund (in 
     this section referred to as the `Fund') which shall be 
     available to the Secretary to improve the management of the 
     Medicaid program by the

[[Page 13109]]

     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 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

[[Page 13110]]

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.
  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,

[[Page 13111]]

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.
  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

[[Page 13112]]

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. 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 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.

[[Page 13113]]


  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. 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 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

[[Page 13114]]

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

[[Page 13115]]

     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 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

[[Page 13116]]

 
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
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

[[Page 13117]]

 
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 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

[[Page 13118]]

     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:

                                        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.

[[Page 13119]]

       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.
       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

[[Page 13120]]

     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
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............................................

[[Page 13121]]

 
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- 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

[[Page 13122]]

     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 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

[[Page 13123]]

     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 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.

[[Page 13124]]




                    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.


                    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

[[Page 13125]]

     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. 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;

[[Page 13126]]

     $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 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

[[Page 13127]]

     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; 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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[[Page 13142]]



                                                                         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

[[Page 13143]]

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 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

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$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 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

[[Page 13145]]

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 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

[[Page 13146]]

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 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.
  Mr. PASCRELL. Mr. Speaker, I want to state for the record that my 
vote today against Amendment No. 1 to H.R. 2642, the Supplemental 
Appropriations Act is a vote against further unconditional funding for 
the war in Iraq. However, I would also like to make clear that this is 
not a vote against funding our troops fighting in Afghanistan. In fact, 
I believe that my vote today against amendment No. 1 is indeed a vote 
that supports our mission in Afghanistan because I believe the failed 
war in Iraq has greatly hurt our ability to defeat our enemies who 
attacked our Nation on 9/11.
  I cannot vote to continue funding for the war in Iraq because it has 
not been fought for the purpose that was stated to the American people 
back in 2002 and it has not achieved the goals that were set out by 
this Administration. The war in Iraq has lasted far too long and has 
recklessly put the lives and livelihood of too many American troops in 
danger. With over 4,000 of our brave sons and daughters killed and more 
than 30,000 diagnosed with injuries, it is time they come home. After 5 
years, this war has lasted longer than America's military involvement 
in World War I, World War II, the Korean war and the Civil War. I 
remain fully committed to the withdrawal of America's troops from the 
war in Iraq and am greatly disappointed that a timeline for withdrawal 
has not been included in this emergency funding measure. To be certain, 
a timeline is the only way that the current Iraqi Government will 
understand the dire need to unify and stand together to build their 
nation. Our brave men and women of the Armed Forces can not and should 
not have to hold Iraq together indefinitely. My vote today against this 
amendment is strictly a vote to bring our troops home from Iraq.
  While I strongly oppose continued funding for our war in Iraq I am an 
even stronger supporter for greater funding and resources to win the 
battle against Al Qeada and Taliban extremists in Afghanistan. I have 
stated unequivocally on multiple occasions that Afghanistan is the 
central front in the war on terror. In fact, just 2 months ago I joined 
my colleagues Representatives Capuano and LoBiondo in a congressional 
assignment to Afghanistan and Pakistan. I had the honor to meet our 
troops stationed in Afghanistan and see the battle conditions they 
faced high up in the mountain ranges of the Afghan-Pakistan border. 
Despite the extreme conditions and

[[Page 13147]]

dangerous assignments they were engaged in, I was encouraged by the 
troops' morale and unwavering commitment to their mission in 
Afghanistan. I told them I would continue to do everything in my power 
in Congress to provide them with the resources they need to be 
successful in Afghanistan and I believe I am doing so with this vote 
today.
  It is my regret that I do not have the ability today to vote to 
reject continued funding for the war in Iraq and still vote to approve 
greater funding for our efforts in Afghanistan. It is clear to me that 
the central front in the War on Terror in Afghanistan has suffered due 
to the singular focus the administration has had on Iraq. It should be 
deeply disturbing to my colleagues and all Americans that because of 
this focus on Iraq we are seeing a resurgence of the Taliban as 
witnessed in the recent suicide bombing of a prison in Kandahar that 
freed over 400 Taliban inmates. The facts make clear my reasoning as to 
why I am voting today against Amendment No. 1 in support of our brave 
troops fighting in Afghanistan.
  Mrs. MALONEY of New York. Madam Speaker, today we are voting yet 
again on legislation that will provide approximately $165 billion in 
funding for the wars in Iraq and Afghanistan. Unfortunately, the bill 
does not include the necessary language that I and many of my 
colleagues support to ensure that this war funding is not simply a 
blank check. I cannot vote for legislation to fund the administration's 
wrongheaded policies in Iraq without provisions that ensure that 
American troops will be coming home by a date certain.
  However, I will support the amendment that will provide critical 
funding for domestic priorities. This amendment will expand veterans' 
education benefits and extend unemployment insurance by 13 weeks for 
all States. Additionally, this amendment will direct nearly $3 billion 
to efforts to aid those who have been affected by the devastating 
floods in the Midwest.
  It is time for the President to listen to the American people who 
want the war in Iraq to end.
  Mrs. MILLER of Michigan. Mr. Speaker, the Michigan Department of 
Labor and Economic Growth yesterday shocked Michigan when it released 
its unemployment figures. Michigan's unemployment rate has risen from 
6.9 percent in April to 8.5 percent in May. This is the highest rate in 
our State since October of 1992. Regrettably, we are now one month away 
from recording our eighth straight year of payroll job losses.
  It is in this context that my constituents are hearing the news that 
Congress is debating providing additional unemployment benefits which 
are desperately needed by too many working families in my State. Last 
week this House passed H.R. 5749, the Emergency Extended Unemployment 
Compensation Act, with nearly \2/3\ of the Members of the House voting 
in favor. This bill would provide an additional 13 weeks of 
unemployment benefits to unemployed workers in every State. Unemployed 
workers in States with exceptionally high unemployment rates, like 
Michigan, would receive an additional 13 weeks of benefits beyond that. 
Unfortunately, the provision granting workers in States like Michigan 
an additional 13 weeks of benefits, which received very strong 
bipartisan support in the House just last week, is not included in this 
supplemental appropriations bill.
  The unemployment benefits provision in this supplemental provides 
just 13 additional weeks for every State. It does not provide any extra 
help for States that need it the most. States like Michigan where the 
unemployed are having great difficulty finding work because there are 
so few jobs to be had. Workers have little opportunity to move to other 
areas to find work because they can't sell their homes, and they are 
having difficulty driving far distances to try and find a new job 
because of the high cost of gas. Michigan, with the worst unemployment 
rate in the Nation, needs extra help. This supplemental does not 
provide it.
  I will be supporting both sections of the supplemental. It provides 
equipment and pay for our troops in harm's way and educational benefits 
for them when they return home. And the level of aid to the unemployed 
all across the country is a good start. However, I am disappointed we 
have not provided the much needed extra assistance to those who need it 
most. We must continue to work to help the chronically unemployed to 
get that additional safety net that will help support countless 
families in Michigan.
  Mr. TIAHRT. Mr. Speaker, I offer my support for the passage of both 
amendments which constitute H.R. 2642, the Iraq/Afghanistan 
Supplemental Appropriations. Our service personnel serving abroad and 
here at home deserve the full support of this Congress. After months of 
partisan posturing by the Democrat Leadership, this bill finally puts 
the needs of our troops above the needs of politicians.
  This bipartisan agreement provides $161.8 billion for the Department 
of Defense (DoD) to carry out the will of this nation. This funding 
pays the salaries and benefits of military and DoD civilian personnel, 
the fuel for their vehicles, and ammunition for their guns. This 
funding also takes care of their loved ones left behind.
  In addition to providing for our service personnel in combat, this 
important legislation expands the GI education benefits for our 
veterans and extends unemployment insurance, Although unrelated to the 
primary purpose of this legislation, I agree that these are vital 
priorities to the American people.
  In December 1943 when Kansan Harry Colmery wrote the guiding 
principles that would become the GI Bill of Rights, the promise was 
clear. Veterans returning from war would be provided with free 
education and a host of other benefits as a token of America's thanks 
for their service. Today, returning veterans receive many of these same 
benefits, but the value of the educational benefits has fallen due to 
the rapid rise in the cost of higher education.
  The important educational expansion to the GI Bill found in H.R. 2642 
renews the promise first proposed by Harry Colmery. Service members in 
Iraq, Afghanistan, and around the world fighting the Global War on 
Terror deserve our support while in uniform and when their duty is 
complete. As a Kansan, I am proud of the work Mr. Colmery started in 
1943 and the work Congress continues today with the passage of this 
legislation.
  This bill provides increased educational benefits for all members of 
the military who have served on active duty since September 11, 2001. 
The new benefit includes tuition reimbursement equal to the established 
cost regularly charged for in-state tuition at a public institution of 
higher education, a housing allowance, and a stipend for supplies and 
equipment for four academic years. The amount of the benefit is 
determined by the length of time, after September 11, 2001, the service 
member was on active duty. This provision also allows educational 
benefits to be transferred to the spouse or child of a service member.
  As a co-sponsor of H.R. 5740, which provided the base concepts of 
this GI Bill expansion provision, I am very pleased that these benefits 
were included in H.R. 2642. Thankfully these much deserved benefits are 
not linked to a tax increase on small businesses, which was the case on 
an earlier version of the Iraq/Afghanistan Supplemental Appropriations.
  In addition to providing funding for our troops fighting the Global 
War on Terror and valuable educational benefits to our military 
veterans, this legislation includes an extension of unemployment 
insurance for 13 weeks in every state through March 31, 2009. Contrary 
to previous versions that had been considered by this House, this 
provision incorporates a 20-week work requirement in order to qualify 
for benefits. This work requirement is essential to ensure that people 
do not gain unemployment benefits for a longer period of time than they 
worked.
  Mr. Speaker, this is a proud day. I am privileged to support this 
important legislation to honor our commitments to those in uniform and 
our veterans. They deserve nothing less. I hope all my colleagues will 
support both amendments to the H.R. 2642.
  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:

[[Page 13148]]



                             [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)
     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

[[Page 13149]]


     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.

                              {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.

                          ____________________