[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

122 STAT. 2323

Public Law 110-252
110th Congress

An Act


 
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2008, and for other purposes. [NOTE: June 30,
2008 -  [H.R. 2642]]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [NOTE: Supplemental
Appropriations Act, 2008.]  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.

[[Page 2324]]
122 STAT. 2324

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).

[[Page 2325]]
122 STAT. 2325

CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS

DEPARTMENT OF DEFENSE

Military Construction, Army

For an additional amount for ``Military Construction, Army'',
$1,108,200,000, of which $921,000,000 shall remain available until
September 30, 2009, and of which $187,200,000 for child development
centers and trainee and recruit facilities (including planning and
design) shall remain available until September 30, 2012: Provided, That
notwithstanding any other provision of law, such funds may be obligated
and expended to carry out planning and design and military construction
projects not otherwise authorized by law: Provided further, That of the
funds provided under this heading, not to exceed $73,400,000 shall be
available for study, planning, design, and architect and engineer
services: Provided further, [NOTE: Certification. Iraq.]  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, [NOTE: Certification. Iraq.]  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.

[[Page 2326]]
122 STAT. 2326

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, [NOTE: Deadline. Expenditure plan.]  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.

[[Page 2327]]
122 STAT. 2327

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 [NOTE: Deadline. Expenditure
plan.]  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 [NOTE: President.]  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) [NOTE: Combat Veterans Debt Elimination Act of
2008.]  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) [NOTE: 38 USC 5302A note.]  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

[[Page 2328]]
122 STAT. 2328

(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) [NOTE: Applicability. 38 USC 5302A note.]  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) [NOTE: 38 USC 101 note.]  Short Title.--This section may be
cited as the ``Combat Veterans Debt Elimination Act of 2008''.

CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS

SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

DEPARTMENT OF STATE

Administration of Foreign Affairs

diplomatic and consular programs

For an additional amount for ``Diplomatic and Consular Programs'',
$1,465,700,000, to remain available until September 30, 2009, of which
$210,400,000 is for worldwide security protection and shall remain
available until expended: Provided, That not more than $1,150,000,000 of
the funds appropriated under this heading shall be available for
diplomatic operations in Iraq: Provided further, That of the funds
appropriated under this heading, not more than $30,000,000 shall be made
available to establish and implement a coordinated civilian response
capacity at the United States Department of State.

office of inspector general

(including transfer of funds)

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

embassy security, construction, and maintenance

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

[[Page 2329]]
122 STAT. 2329

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

[[Page 2330]]
122 STAT. 2330

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, [NOTE: Reports.]  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.

[[Page 2331]]
122 STAT. 2331

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

[[Page 2332]]
122 STAT. 2332

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: [NOTE: Deadline. Reports.]  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.

[[Page 2333]]
122 STAT. 2333

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.

[[Page 2334]]
122 STAT. 2334

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 [NOTE: Deadline.]  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 [NOTE: Applicability.]  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) [NOTE: Certification. Reports.]  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 [NOTE: Lists.]  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

[[Page 2335]]
122 STAT. 2335

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) [NOTE: Deadlines.]  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) [NOTE: Deadline.]  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

[[Page 2336]]
122 STAT. 2336

2008. The Secretary shall work expeditiously with the Government
of Iraq to establish an account within its annual budget
sufficient to, at a minimum, match United States contributions
on a dollar-for-dollar basis to organizations and programs for
the purpose of assisting Iraqi refugees.


afghanistan


Sec. 1403.  (a) Assistance for Women and Girls.--Funds appropriated
by this chapter under the heading ``Economic Support Fund'' that are
available for assistance for Afghanistan shall be made available, to the
maximum extent practicable, through local Afghan provincial and
municipal governments and Afghan civil society organizations and in a
manner that emphasizes the participation of Afghan women and directly
improves the economic, social and political status of Afghan women and
girls.
(b) Higher Education.--Of the funds appropriated by this chapter
under the heading ``Economic Support Fund'' that are made available for
education programs in Afghanistan, not less than 50 percent shall be
made available to support higher education and vocational training
programs in law, accounting, engineering, public administration, and
other disciplines necessary to rebuild the country, in which the
participation of women is emphasized.
(c) Post-Operations Assistance.--Of the funds appropriated by this
chapter under the heading ``Economic Support Fund'' that are available
for assistance for Afghanistan, not less than $2,000,000 shall be made
available for a United States contribution to the North Atlantic Treaty
Organization/International Security Assistance Force Post-Operations
Humanitarian Relief Fund.
(d) [NOTE: Deadline. Reports.]  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) [NOTE: Lists.]  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) [NOTE: Certification.]  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 [NOTE: Deadlines. Reports.]  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

[[Page 2337]]
122 STAT. 2337

Appropriations, in classified form if necessary, on the security
strategy of the Palestinian Authority.


waiver of certain sanctions against north korea


Sec. 1405. (a) [NOTE: 22 USC 2799aa-1 note.]  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) [NOTE: Expiration date.]  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 [NOTE: President. Certification.]
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) [NOTE: President. Certification.]  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.

[[Page 2338]]
122 STAT. 2338

(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) [NOTE: President.]  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

[[Page 2339]]
122 STAT. 2339

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, [NOTE: Deadline. Reports.] 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) [NOTE: Reports.]  Allocation of Funds.--Fifteen percent of the
funds made available in this chapter for assistance for Mexico under the
headings ``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' may not be obligated until the
Secretary of State reports in writing to the Committees on
Appropriations that the Government of Mexico is--
(1) improving the transparency and accountability of federal
police forces and working with state and municipal authorities
to improve the transparency and accountability of state and
municipal police forces through mechanisms including
establishing police complaints commissions with authority and
independence to receive complaints and carry out effective
investigations;
(2) establishing a mechanism for regular consultations among
relevant Mexican Government authorities, Mexican human rights
organizations and other relevant Mexican civil society
organizations, to make recommendations concerning implementation
of the Merida Initiative in accordance with Mexican and
international law;
(3) ensuring that civilian prosecutors and judicial
authorities are investigating and prosecuting, in accordance
with Mexican and international law, members of the federal
police and military forces who have been credibly alleged to
have committed violations of human rights, and the federal
police and

[[Page 2340]]
122 STAT. 2340

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 [NOTE: Deadline.]  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, [NOTE: Deadline. Reports.]  That not more than 45 days after
enactment of this Act, the Secretary of State shall report in writing

[[Page 2341]]
122 STAT. 2341

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 [NOTE: Reports.]  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 [NOTE: Deadline.]  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

[[Page 2342]]
122 STAT. 2342

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) [NOTE: 22 USC 6204 note.]  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 [NOTE: Reports.]  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.

[[Page 2343]]
122 STAT. 2343

(d) Exception.--Section 8002 of this Act shall not apply to
subsections (a) and (b) of this section.


darfur peacekeeping


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


tibet


Sec. 1412. (a) [NOTE: Establishment.]  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

[[Page 2344]]
122 STAT. 2344

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 [NOTE: Deadlines. Reports.]  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.

[[Page 2345]]
122 STAT. 2345

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.

[[Page 2346]]
122 STAT. 2346

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.

[[Page 2347]]
122 STAT. 2347

CHAPTER 4--LABOR AND HEALTH AND HUMAN SERVICES

DEPARTMENT OF LABOR

Employment and Training Administration

state unemployment insurance and employment service operations

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

office of the director

(including transfer of funds)

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

CHAPTER 5--LEGISLATIVE BRANCH

HOUSE OF REPRESENTATIVES

Payment to Widows and Heirs of Deceased Members of Congress

For [NOTE: Annette Lantos.]  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.

[[Page 2348]]
122 STAT. 2348

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

[[Page 2349]]
122 STAT. 2349

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: [NOTE: Deadlines. Reports.]
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, [NOTE: Reports. Deadlines.]  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

[[Page 2350]]
122 STAT. 2350

(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 [NOTE: Deadline. Cost estimates.]  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, [NOTE: Deadlines. Reports.]  That beginning not later than 60
days after the date of enactment of this Act, the Chief of Engineers,
acting through the Assistant Secretary of the Army for Civil Works,
shall provide monthly reports to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these funds: Provided further, That any project using
funds appropriated under this heading shall be initiated only after non-
Federal interests have entered into binding agreements with the
Assistant Secretary of the Army for Civil Works requiring the non-
Federal interests to pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs of completed elements and
to hold and save the United States free from damages due to the
construction, operation, and maintenance of the project, except for
damages due to the fault or negligence of the United States or its
contractors: Provided further, That the expenditure of funds as provided
above may be made without regard to individual amounts or purposes
except that any reallocation of funds that is necessary to accomplish
the established goals is authorized subject to the approval of the House
and Senate Committees on Appropriations.

[[Page 2351]]
122 STAT. 2351

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

[[Page 2352]]
122 STAT. 2352

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.): [NOTE: Louisiana.]  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, [NOTE: Waiver authority.]
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: [NOTE: Waiver authority.]  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, [NOTE: Federal Register,
publication. Deadline.]  That the Secretary

[[Page 2353]]
122 STAT. 2353

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, [NOTE: Plans.]  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, [NOTE: Reports. Deadlines.]  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, [NOTE: Notification. Deadline.]  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, [NOTE: Procedures. Reports. Deadlines.]  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''). [NOTE: Deadline. Notice.]  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

[[Page 2354]]
122 STAT. 2354

(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) [NOTE: Applicability.]  the terms and conditions of
the State law which apply to claims for regular compensation and
to the payment thereof shall apply to claims for emergency
unemployment compensation and the payment thereof, except--
(A) that an individual shall not be eligible for
emergency unemployment compensation under this title
unless, in the base period with respect to which the
individual exhausted all rights to regular compensation
under the State law, the individual had 20 weeks of
full-time insured employment or the equivalent in
insured wages, as determined under the provisions of the
State law implementing section 202(a)(5) of the Federal-
State Extended Unemployment Compensation Act of 1970 (26
U.S.C. 3304 note); and
(B) where otherwise inconsistent with the provisions
of this title or with the regulations or operating
instructions of the Secretary promulgated to carry out
this title; and
(3) the maximum amount of emergency unemployment
compensation payable to any individual for whom an emergency
unemployment compensation account is established under section
4002 shall not exceed the amount established in such account for
such individual.

(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State that is
in an extended benefit period may provide for the payment of emergency
unemployment compensation prior to extended compensation to individuals
who otherwise meet the requirements of this section.
(f) Unauthorized Aliens Ineligible.--A State shall require as a
condition of eligibility for emergency unemployment compensation under
this Act that each alien who receives such compensation must be legally
authorized to work in the United States, as defined for purposes of the
Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.). In determining
whether an alien meets the requirements of this subsection, a State must
follow the procedures provided in section 1137(d) of the Social Security
Act (42 U.S.C. 1320b-7(d)).


emergency unemployment compensation account


Sec. 4002. [NOTE: 26 USC 3304 note.]   (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.--

[[Page 2355]]
122 STAT. 2355

(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) [NOTE: 26 USC 3304 note.]  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) [NOTE: 26 USC 3304 note.]  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

[[Page 2356]]
122 STAT. 2356

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) [NOTE: 26 USC 3304 note.]  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) [NOTE: Waiver authority.]  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

[[Page 2357]]
122 STAT. 2357

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 [NOTE: Notice.]
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 [NOTE: 26 USC 3304 note.]  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) [NOTE: 26 USC 3304 note.]  In General.--Except as
provided in subsection (b), an agreement entered into under this title
shall apply to weeks of unemployment--
(1) beginning [NOTE: Effective date.]  after the date on
which such agreement is entered into; and
(2) ending [NOTE: Termination date.]  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 [NOTE: Post-9/11 Veterans Educational Assistance Act
of 2008. 38 USC 101 note.]  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 [NOTE: 38 USC 3301 note.]  makes the
following findings:

[[Page 2358]]
122 STAT. 2358

(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.

[[Page 2359]]
122 STAT. 2359

``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--

[[Page 2360]]
122 STAT. 2360

``(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

[[Page 2361]]
122 STAT. 2361

``(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

[[Page 2362]]
122 STAT. 2362

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.

[[Page 2363]]
122 STAT. 2363

``(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

[[Page 2364]]
122 STAT. 2364

with respect to such quarter, semester, or term in
the amount equal to--
``(I) $1,000, multiplied by
``(II) the fraction which is the
portion of a complete academic year
under the program of education that such
quarter, semester, or term constitutes.
``(2) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(3),
amounts equal to 90 percent of the amounts that would be payable
to the individual under paragraph (1) for the program of
education if the individual were entitled to amounts for the
program of education under paragraph (1) rather than this
paragraph.
``(3) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(4),
amounts equal to 80 percent of the amounts that would be payable
to the individual under paragraph (1) for the program of
education if the individual were entitled to amounts for the
program of education under paragraph (1) rather than this
paragraph.
``(4) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(5),
amounts equal to 70 percent of the amounts that would be payable
to the individual under paragraph (1) for the program of
education if the individual were entitled to amounts for the
program of education under paragraph (1) rather than this
paragraph.
``(5) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(6),
amounts equal to 60 percent of the amounts that would be payable
to the individual under paragraph (1) for the program of
education if the individual were entitled to amounts for the
program of education under paragraph (1) rather than this
paragraph.
``(6) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(7),
amounts equal to 50 percent of the amounts that would be payable
to the individual under paragraph (1) for the program of
education if the individual were entitled to amounts for the
program of education under paragraph (1) rather than this
paragraph.
``(7) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(8),
amounts equal to 40 percent of the amounts that would be payable
to the individual under paragraph (1) for the program of
education if the individual were entitled to amounts for the
program of education under paragraph (1) rather than this
paragraph.

``(d) Frequency of Payment.--
``(1) Quarter, semester, or term payments.--Payment of the
amounts payable under subsection (c)(1)(A), and of similar
amounts payable under paragraphs (2) through (7) of subsection
(c), for pursuit of a program of education shall be made for the
entire quarter, semester, or term, as applicable, of the program
of education.

[[Page 2365]]
122 STAT. 2365

``(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

[[Page 2366]]
122 STAT. 2366

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--

[[Page 2367]]
122 STAT. 2367

``(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

[[Page 2368]]
122 STAT. 2368

for additional service authorized by subchapter III of chapter
30. The amount so payable shall be payable as an increase in the
monthly amount of educational assistance otherwise payable to
the individual under paragraph (1)(B) of section 3313(c), or
under paragraphs (2) through (7) of such section (as
applicable).
``(2) Eligibility.--Eligibility for supplement educational
assistance under this subsection shall be determined in
accordance with the provisions of subchapter III of chapter 30,
except that any reference in such provisions to eligibility for
basic educational assistance under a provision of subchapter II
of chapter 30 shall be treated as a reference to eligibility for
educational assistance under the appropriate provision of this
chapter.
``(3) Amount.--The amount of supplemental educational
assistance payable under this subsection shall be the amount
equal to the monthly amount of supplemental educational payable
under section 3022.

``(c) Regulations.--The Secretaries concerned shall administer this
section in accordance with such regulations as the Secretary of Defense
shall prescribe.

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

``(a) Establishment of Program.--In instances where the educational
assistance provided pursuant to section 3313(c)(1)(A) does not cover the
full cost of established charges (as specified in section 3313), the
Secretary shall carry out a program under which colleges and
universities can, voluntarily, enter into an agreement with the
Secretary to cover a portion of those established charges not otherwise
covered under section 3313(c)(1)(A), which contributions shall be
matched by equivalent contributions toward such costs by the
Secretary. [NOTE: Applicability.]  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

[[Page 2369]]
122 STAT. 2369

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 [NOTE: Web site. Public information. Lists.]
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

[[Page 2370]]
122 STAT. 2370

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.

[[Page 2371]]
122 STAT. 2371

``(g) Commencement of Use.--A dependent to whom entitlement to
educational assistance is transferred under this section may not
commence the use of the transferred entitlement until--
``(1) in the case of entitlement transferred to a spouse,
the completion by the individual making the transfer of at
least--
``(A) six years of service in the armed forces; or
``(B) the years of service as determined in
regulations pursuant to subsection (j); or
``(2) in the case of entitlement transferred to a child,
both--
``(A) the completion by the individual making the
transfer of at least--
``(i) ten years of service in the armed
forces; or
``(ii) the years of service as determined in
regulations pursuant to subsection (j); and
``(B) either--
``(i) the completion by the child of the
requirements of a secondary school diploma (or
equivalency certificate); or
``(ii) the attainment by the child of 18 years
of age.

``(h) Additional Administrative Matters.--
``(1) Use.--The use of any entitlement to educational
assistance transferred under this section shall be charged
against the entitlement of the individual making the transfer at
the rate of one month for each month of transferred entitlement
that is used.
``(2) Nature of transferred entitlement.--Except as provided
under subsection (e)(2) and subject to paragraphs (5) and (6)--
``(A) in the case of entitlement transferred to a
spouse under this section, the spouse is entitled to
educational assistance under this chapter in the same
manner as the individual from whom the entitlement was
transferred; or
``(B) in the case of entitlement transferred to a
child under this section, the child is entitled to
educational assistance under this chapter in the same
manner as the individual from whom the entitlement was
transferred as if the individual were not on active
duty.
``(3) Rate of payment.--The monthly rate of educational
assistance payable to a dependent to whom entitlement referred
to in paragraph (2) is transferred under this section shall be
payable--
``(A) in the case of a spouse, at the same rate as
such entitlement would otherwise be payable under this
chapter to the individual making the transfer; or
``(B) in the case of a child, at the same rate as
such entitlement would otherwise be payable under this
chapter to the individual making the transfer as if the
individual were not on active duty.
``(4) Death of transferor.--The death of an individual
transferring an entitlement under this section shall not affect
the use of the entitlement by the dependent to whom the
entitlement is transferred.
``(5) Limitation on age of use by child transferees.--A
child to whom entitlement is transferred under this section

[[Page 2372]]
122 STAT. 2372

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) [NOTE: Applicability.]  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.

[[Page 2373]]
122 STAT. 2373

``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

[[Page 2374]]
122 STAT. 2374

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 [NOTE: Applicability.]  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 [NOTE: Regulations.]
Secretary shall provide the information described in paragraph
(2) to each member of the Armed Forces at such times as the
Secretary and the Secretary of Defense shall jointly prescribe
in regulations.
``(2) Description of information.--The information described
in this paragraph is information on benefits, limitations,
procedures, eligibility requirements (including time-in-service
requirements), and other important aspects of educational
assistance under this chapter, including application forms for
such assistance under section 5102.
``(3) To whom provided.--The Secretary of Veterans Affairs
shall furnish the information and forms described in paragraph
(2), and other educational materials on educational assistance
under this chapter, to educational institutions, training
establishments, military education personnel, and such other
persons and entities as the Secretary considers appropriate.

``(c) Regulations.--
``(1) In general.--The Secretary shall prescribe regulations
for the administration of this chapter.

[[Page 2375]]
122 STAT. 2375

``(2) Uniformity.--Any [NOTE: Applicability.]  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) [NOTE: 38 USC 3301 note.]  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--

[[Page 2376]]
122 STAT. 2376

(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) [NOTE: Effective date.]  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

[[Page 2377]]
122 STAT. 2377

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,

[[Page 2378]]
122 STAT. 2378

United States Code (as so added), as a monthly stipend
payable under paragraph (1)(B) of section 3313(c) of
such title, or under paragraphs (2) through (7) of that
section (as applicable), shall be the amount otherwise
payable as a monthly stipend under the applicable
paragraph increased by the amount equal to--
(i) the total amount of contributions toward
basic educational assistance made by the
individual under section 3011(b) or 3012(c) of
title 38, United States Code, as of the date of
the election, multiplied by
(ii) the fraction--
(I) the numerator of which is--
(aa) the number of months of
entitlement to basic educational
assistance under chapter 30 of
title 38, United States Code,
remaining to the individual at
the time of the election; plus
(bb) the number of months,
if any, of entitlement under
such chapter 30 revoked by the
individual under paragraph
(3)(A); and
(II) the denominator of which is 36
months.
(B) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by
subparagraph (A) who is described by paragraph
(1)(A)(v), the number of months of entitlement to basic
educational assistance remaining to the individual for
purposes of subparagraph (A)(ii)(I)(aa) shall be 36
months.
(C) Timing of payment.--The amount payable with
respect to an individual under subparagraph (A) shall be
paid to the individual together with the last payment of
the monthly stipend payable to the individual under
paragraph (1)(B) of section 3313(c) of title 38, United
States Code (as so added), or under paragraphs (2)
through (7) of that section (as applicable), before the
exhaustion of the individual's entitlement to
educational assistance under chapter 33 of such title
(as so added).
(7) Continuing Entitlement to Additional Assistance for
Critical Skills or Speciality and Additional Service.--An
individual making an election under paragraph (1)(A) who, at the
time of the election, is entitled to increased educational
assistance under section 3015(d) of title 38, United States
Code, or section 16131(i) of title 10, United States Code, or
supplemental educational assistance under subchapter III of
chapter 30 of title 38, United States Code, shall remain
entitled to such increased educational assistance or
supplemental educational assistance in the utilization of
entitlement to educational assistance under chapter 33 of title
38, United States Code (as so added), in an amount equal to the
quarter, semester, or term, as applicable, equivalent of the
monthly amount of such increased educational assistance or
supplemental educational assistance payable with respect to the
individual at the time of the election.
(8) Irrevocability of Elections.--An election under
paragraph (1) or (3)(A) is irrevocable.

(d) [NOTE: 10 USC 16163 note.]  Effective Date.--This section and
the amendments made by this section shall take effect on August 1, 2009.

[[Page 2379]]
122 STAT. 2379

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) [NOTE: 38 USC 3015 note.]  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.''.

[[Page 2380]]
122 STAT. 2380

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--

[[Page 2381]]
122 STAT. 2381

``(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 [NOTE: Regulations.]  to regulation
prescribed by the Secretary of Defense, the Secretary concerned may
permit a member described in subsection (b) who is entitled to basic
educational assistance under this chapter to elect to transfer to one or
more of the dependents specified in subsection (c) a portion of such
member's entitlement to such assistance, subject to the limitation under
subsection (d).

``(b) Eligible Members.--A member referred to in subsection (a) is a
member of the Selected Reserve of the Ready Reserve who, at the time of
the approval of the member's request to transfer entitlement to basic
educational assistance under this section, has completed--
``(1) at least six years of service in the Selected Reserve
and enters into an agreement to service at least four more years
as a member of the armed forces; or
``(2) the years of service as determined in regulations
pursuant to subsection (j).

``(c) Eligible Dependents.--A member approved to transfer an
entitlement to basic educational assistance under this section may
transfer the member's entitlement as follows:
``(1) To the member's spouse.
``(2) To one or more of the member's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).

``(d) Limitation on Months of Transfer.--The total number of months
of entitlement transferred by a member under this section may not exceed
36 months. The Secretary of Defense may prescribe regulations that would
limit the months of entitlement that may be transferred under this
section to no less than 18 months.
``(e) Designation of Transferee.--A member transferring an
entitlement to basic educational assistance under this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to
be transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).

``(f) Time for Transfer; Revocation and Modification.--(1) Subject
to the time limitation for use of entitlement under section 16133, a
member approved to transfer entitlement to basic

[[Page 2382]]
122 STAT. 2382

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. [NOTE: 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) 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;

[[Page 2383]]
122 STAT. 2383

``(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) [NOTE: Applicability.]  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

[[Page 2384]]
122 STAT. 2384

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. [NOTE: 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) 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--

[[Page 2385]]
122 STAT. 2385

``(A) the completion by the member making the
transfer of at least--
``(i) ten years of service in the armed
forces; or
``(ii) the years of service as determined in
regulations pursuant to subsection (j); and
``(B) either--
``(i) the completion by the child of the
requirements of a secondary school diploma (or
equivalency certificate); or
``(ii) the attainment by the child of 18 years
of age.

``(h) Additional Administrative Matters.--(1) The use of any
entitlement to basic educational assistance transferred under this
section shall be charged against the entitlement of the member making
the transfer at the rate of one month for each month of transferred
entitlement that is used.
``(2) Except as provided under subsection (e)(2) and subject to
paragraphs (5) and (6), a dependent to whom entitlement is transferred
under this section is entitled to basic educational assistance under
this chapter in the same manner as the member from whom the entitlement
was transferred.
``(3) The monthly rate of educational assistance payable to a
dependent to whom entitlement is transferred under this section shall be
the monthly amount payable under sections 16162 and 16162a to the member
making the transfer.
``(4) The death of a member transferring an entitlement under this
section shall not affect the use of the entitlement by the dependent to
whom the entitlement is transferred.
``(5) Notwithstanding section 16164(a)(2), a child to whom
entitlement is transferred under this section may use the benefit
without regard to the 10-year delimiting date, but may not use any
entitlement so transferred after attaining the age of 26 years.
``(6) [NOTE: Applicability.]  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).

[[Page 2386]]
122 STAT. 2386

``(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 [NOTE: Close the Contractor Fraud Loophole Act.]  1--CLOSE THE
CONTRACTOR FRAUD LOOPHOLE


short title


Sec. 6101.  This [NOTE: 41 USC 251 note.]  chapter may be cited as
the ``Close the Contractor Fraud Loophole Act''.


revision of the federal acquisition regulation


Sec. 6102.  The [NOTE: Deadline. 41 USC 251 note.]  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.

[[Page 2387]]
122 STAT. 2387

definition


Sec. 6103.  In [NOTE: 41 USC 251 note.]  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 [NOTE: Government Funding Transparency Act of 2008.]  2--
GOVERNMENT FUNDING TRANSPARENCY


short title


Sec. 6201. [NOTE: 31 USC 6101 note.]   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) [NOTE: 31 USC 6101 note.]  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) [NOTE: 121 Stat. 187.]  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'';

[[Page 2388]]
122 STAT. 2388

(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) [NOTE: 121 Stat. 2514.]  is
amended--
(A) by striking ``June 30, 2008'' and inserting
``April 1, 2009'';
(B) by inserting ``, including the proposed
regulation published on August 13, 2007 (72 Federal
Register 45201),'' after ``rehabilitation services'';
and
(C) by inserting ``, including the final regulation
published on December 28, 2007 (72 Federal Register
73635),'' after ``school-based transportation''.
(3) Additional moratoria.--
(A) In general.--Notwithstanding any other provision
of law, the Secretary of Health and Human Services shall
not, prior to April 1, 2009, take any action (through
promulgation of regulation, issuance of regulatory
guidance, use of Federal payment audit procedures, or
other administrative action, policy, or practice,
including a Medical Assistance Manual transmittal or
letter to State Medicaid directors) to impose any
restrictions relating to a provision described in
subparagraph (B) or (C) if such restrictions are more
restrictive in any aspect than those applied to the
respective provision as of the date specified in
subparagraph (D) for such provision.
(B) Portion of interim final regulation relating to
medicaid treatment of optional case management
services.--
(i) In general.--Subject to clause (ii), the
provision described in this subparagraph is the
interim final regulation relating to optional
State plan case management services under the
Medicaid program published on December 4, 2007 (72
Federal Register 68077) in its entirety.
(ii) Exception.--The provision described in
this subparagraph does not include the portion of
such regulation as relates directly to
implementing section 1915(g)(2)(A)(ii) of the
Social Security Act, as amended by section 6052 of
the Deficit Reduction Act of 2005 (Public Law 109-
171), through the definition of case management
services and targeted case management services
contained in proposed section 440.169 of title 42,
Code of Federal Regulations, but only to the
extent that such portion is not more restrictive
than the policies set forth in the Dear State
Medicaid Director letter on case management issued
on January 19, 2001

[[Page 2389]]
122 STAT. 2389

(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) [NOTE: 42 USC 1320a-7g.]  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

[[Page 2390]]
122 STAT. 2390

(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 [NOTE: Contracts.]  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

[[Page 2391]]
122 STAT. 2391

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) [NOTE: 42 USC 1396w.]  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 [NOTE: Deadlines.]  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

[[Page 2392]]
122 STAT. 2392

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 [NOTE: Consultation.]
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

[[Page 2393]]
122 STAT. 2393

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) [NOTE: Notification.]  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.

[[Page 2394]]
122 STAT. 2394

``(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) [NOTE: Deadlines.]  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) [NOTE: Action plan.]  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 [NOTE: 42 USC
1396a note.]  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) [NOTE: 42 USC 1395iii.]  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

[[Page 2395]]
122 STAT. 2395

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) [NOTE: 42 USC 1396w-1.]  Establishment.--The
Secretary shall establish under this title a Medicaid Improvement Fund
(in this section referred to as the `Fund') which shall be available to
the Secretary to improve the management of the Medicaid program by the
Centers for Medicare & Medicaid Services, including oversight of
contracts and contractors and evaluation of demonstration projects.
Payments made for activities under this subsection shall be in addition
to payments that would otherwise be made for such activities.

``(b) Funding.--
``(1) In general.--There shall be available to the Fund, for
expenditures from the Fund--
``(A) for fiscal year 2014, $100,000,000; and
``(B) for fiscal years 2015 through 2018,
$150,000,000.
``(2) Funding limitation.--Amounts in the Fund shall be
available in advance of appropriations but only if the total
amount obligated from the Fund does not exceed the amount
available to the Fund under paragraph
(1). [NOTE: Certification.]  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;

[[Page 2396]]
122 STAT. 2396

(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 2397]]
122 STAT. 2397

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.

[[Page 2398]]
122 STAT. 2398

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, [NOTE: Deadline. Notification.]  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, [NOTE: Reports. Deadlines.]
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

[[Page 2399]]
122 STAT. 2399

available under this heading for the Defense Contract Management
Agency, $52,000,000 shall remain available until September 30,
2009.

Operation and Maintenance, Army Reserve

For an additional amount for ``Operation and Maintenance, Army
Reserve'', $164,839,000.

Operation and Maintenance, Navy Reserve

For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $109,876,000.

Operation and Maintenance, Marine Corps Reserve

For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $70,256,000.

Operation and Maintenance, Air Force Reserve

For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $165,994,000.

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance, Army
National Guard'', $685,644,000.

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance, Air
National Guard'', $287,369,000.

Iraq Freedom Fund


(INCLUDING TRANSFER OF FUNDS)


For an additional amount for ``Iraq Freedom Fund'', $50,000,000, to
remain available for transfer until September 30, 2009, notwithstanding
any other provision of law, only for the redevelopment of the Iraqi
industrial sector by identifying, and providing assistance to, factories
and other industrial facilities that are best situated to resume
operations quickly and reemploy the Iraqi workforce:
Provided, [NOTE: Deadline. Notification.]  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.

[[Page 2400]]
122 STAT. 2400

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, [NOTE: Notification.]  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, [NOTE: Deadline. Notification.]
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, [NOTE: Reports. Deadline.]  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.

[[Page 2401]]
122 STAT. 2401

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.

[[Page 2402]]
122 STAT. 2402

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, [NOTE: Deadline. Assessment. Expenditure
plan.]  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.

[[Page 2403]]
122 STAT. 2403

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital Funds'',
$1,837,450,000, to remain available for obligation until expended.

National Defense Sealift Fund

For an additional amount for ``National Defense Sealift Fund'',
$5,110,000, to remain available for obligation until expended.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for ``Defense Health Program'',
$1,413,864,000, of which $957,064,000 shall be for operation and
maintenance; of which $91,900,000 is for procurement, to remain
available until September 30, 2010; of which $364,900,000 shall be for
research, development, test and evaluation, to remain available until
September 30, 2009: Provided, That in addition to amounts otherwise
contained in this paragraph, $75,000,000 is hereby appropriated to the
``Defense Health Program'' for operation and maintenance for
psychological health and traumatic brain injury, to remain available
until September 30, 2009.

Drug Interdiction and Counter-Drug Activities, Defense


(INCLUDING TRANSFER OF FUNDS)


For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $65,317,000, to remain available until September
30, 2009.

Office of the Inspector General

For an additional amount for ``Office of the Inspector General'',
$6,394,000, of which $2,000,000 shall be for research, development, test
and evaluation, to remain available until September 30, 2009.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 9101. Appropriations provided in this chapter are available for
obligation until September 30, 2008, unless otherwise provided in this
chapter.
Sec. 9102. Notwithstanding any other provision of law, funds made
available in this chapter are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2008.


(INCLUDING TRANSFER OF FUNDS)


Sec. 9103. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may
transfer between appropriations up to $2,500,000,000 of the funds made
available to the Department of Defense in this chapter: Provided,
That [NOTE: Notification.]  the Secretary shall notify the Congress
promptly of each transfer made pursuant to the authority in this
section:

[[Page 2404]]
122 STAT. 2404

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) [NOTE: Deadlines. Reports.]  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, [NOTE: Reports.]  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: [NOTE: Reports. Deadlines.]  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

[[Page 2405]]
122 STAT. 2405

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 [NOTE: 121 Stat.
1341.]  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.

[[Page 2406]]
122 STAT. 2406

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, [NOTE: Deadline. Notification.]  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 [NOTE: Reports. Deadlines.] 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.

[[Page 2407]]
122 STAT. 2407

Operation and Maintenance, Marine Corps Reserve

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

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Army National Guard

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

Operation and Maintenance, Air National Guard

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

Afghanistan Security Forces Fund

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

Iraq Security Forces Fund


(INCLUDING TRANSFER OF FUNDS)


For the ``Iraq Security Forces Fund'', $1,000,000,000, to remain
available until September 30, 2009: Provided, That such funds shall be
available to the Secretary of Defense, notwithstanding any other
provision of law, for the purpose of allowing the Commander, Multi-
National Security Transition Command--Iraq, or the Secretary's designee,
to provide assistance, with the concurrence of the Secretary of State,
to the security forces of Iraq, including the provision of equipment,
supplies, services, training, facility and infrastructure repair,
renovation, and construction, and funding: Provided further, That none
of the assistance provided under this heading in the form of funds may
be utilized for the provision of salaries, wages, or bonuses to
personnel of the Iraqi Security Forces: Provided further, That the
authority to provide assistance under this heading is in addition to any
other authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such funds to
appropriations for military personnel; operation and maintenance;
Overseas Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purposes provided herein: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That upon a
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That contributions of funds for the purposes provided herein from any
person, foreign government, or international organization may be
credited to this Fund, and used for such purposes: Provided
further, [NOTE: Notification.]  That the Secretary shall notify the

[[Page 2408]]
122 STAT. 2408

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, [NOTE: Deadline. Notification.]  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: [NOTE: Reports. Deadlines.]  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.

[[Page 2409]]
122 STAT. 2409

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, [NOTE: Deadline. Plans.]  That within 60 days

[[Page 2410]]
122 STAT. 2410

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: [NOTE: Reports. Deadlines.]
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, [NOTE: Deadline. Notification.]  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 [NOTE: Notification.]  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) [NOTE: Deadlines. Reports.]  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

[[Page 2411]]
122 STAT. 2411

and types of ethnic and religious-based hostile
encounters, and progress made in the transition of
responsibility for the security of Iraqi provinces to
the Iraqi Security Forces under the Provincial Iraqi
Control (PIC) process.
(C) An assessment of the estimated strength of the
insurgency in Iraq and the extent to which it is
composed of non-Iraqi fighters.
(D) A description of all militias operating in Iraq,
including the number, size, equipment strength, military
effectiveness, sources of support, legal status, and
efforts to disarm or reintegrate each militia.
(E) Key indicators of economic activity that should
be considered the most important for determining the
prospects of stability in Iraq, including--
(i) unemployment levels;
(ii) electricity, water, and oil production
rates; and
(iii) hunger and poverty levels.
(F) The most recent annual budget for the Government
of Iraq, including a description of amounts budgeted for
support of Iraqi security and police forces and an
assessment of how planned funding will impact the
training, equipping and overall readiness of those
forces.
(G) The criteria the Administration will use to
determine when it is safe to begin withdrawing United
States forces from Iraq.
(2) With respect to the training and performance of security
forces in Iraq, the following:
(A) The training provided Iraqi military and other
Ministry of Defense forces and the equipment used by
such forces.
(B) Key criteria for assessing the capabilities and
readiness of the Iraqi military and other Ministry of
Defense forces, goals for achieving certain capability
and readiness levels (as well as for recruiting,
training, and equipping these forces), and the
milestones and notional timetable for achieving these
goals.
(C) The operational readiness status of the Iraqi
military forces, including the type, number, size, and
organizational structure of Iraq battalions that are--
(i) capable of conducting counterinsurgency
operations independently without any support from
Coalition Forces;
(ii) capable of conducting counterinsurgency
operations with the support of United States or
coalition forces; or
(iii) not ready to conduct counterinsurgency
operations.
(D) The amount and type of support provided by
Coalition Forces to the Iraqi Security Forces at each
level of operational readiness.
(E) The number of Iraqi battalions in the Iraqi Army
currently conducting operations and the type of
operations being conducted.
(F) The rates of absenteeism in the Iraqi military
forces and the extent to which insurgents have
infiltrated such forces.

[[Page 2412]]
122 STAT. 2412

(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

[[Page 2413]]
122 STAT. 2413

1, 2009. [NOTE: Classified information.]  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, [NOTE: Reports. Deadlines.]  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,

[[Page 2414]]
122 STAT. 2414

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) [NOTE: Deadline. Notification.]  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

[[Page 2415]]
122 STAT. 2415

thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations; and
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).

Sec. 9304. (a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense, the
Secretary of State, and the Secretary of Homeland Security, in
coordination with the Chairman of the Joint Chiefs of Staff and the
Director of National Intelligence, shall jointly submit to Congress a
report setting forth the global strategy of the United States to combat
and defeat al Qaeda and its affiliates.
(b) Elements of Strategy.--The strategy set forth in the report
required under subsection (a) shall include the following elements:
(1) An analysis of the global threat posed by al Qaeda and
its affiliates, including an assessment of the relative threat
posed in particular regions or countries.
(2) Recommendations regarding the distribution and
deployment of United States military, intelligence, diplomatic,
and other assets to meet the relative regional and country-
specific threats described in paragraph (1).
(3) Recommendations to ensure that the global deployment of
United States military personnel and equipment best meet the
threat identified and described in paragraph (1) and:
(A) does not undermine the military readiness or
homeland security of the United States;
(B) ensures adequate time between military
deployments for rest and training; and
(C) does not require further extensions of military
deployments to the extent practicable.

(c) Classified Annex.--The report required by subsection (a) shall
be submitted in unclassified form, but shall include a classified annex.
Sec. 9305. [NOTE: Notification.]  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) [NOTE: Ante, p. 300.]  is
amended by striking ``$362,159,000'' and inserting ``$435,259,000''.

Sec. 9307. None of the funds appropriated or otherwise made
available by this title may be obligated or expended to provide award
fees to any defense contractor contrary to the provisions of section 814
of the National Defense Authorization Act, Fiscal Year 2007 (Public Law
109-364).


(RESCISSIONS)


Sec. 9308. (a) Of the funds made available for ``Defense Health
Program'' in Public Law 110-28, $75,000,000 are rescinded.
(b) Of the funds made available for ``Joint Improvised Explosive
Device Defeat Fund'' in division L of the Consolidated Appropriations
Act, 2008 (Public Law 110-161), $71,531,000 are rescinded.

[[Page 2416]]
122 STAT. 2416

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. [NOTE: Certification.]  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.

Approved June 30, 2008.

LEGISLATIVE HISTORY--H.R. 2642 (S. 1645) (S. 2363):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-186 (Comm. on Appropriations).
SENATE REPORTS: No. 110-
185 accompanying S. 1645 (Comm. on Appropriations).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
June 15, considered and passed
House.
Sept. 4-6, considered and passed
Senate, amended.
Vol. 154 (2008):
May 15, House concurred in Senate
amendment with amendments.
May 20, 22, Senate considered and
concurred in House amendments
with amendments.
June 19, House concurred in certain
Senate amendment and in another
with an amendment.
June 26, Senate concurred in House
amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
June 30, Presidential remarks.