S.Amdt. 4789Senate110th Congress (2007-2009)
In the nature of a substitute.
Sponsored by 
Sen. Harry Reid (D-NV)
Sen. Harry Reid (D-NV)Submitted May 20, 2008
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
SA 4789. Mr. REID proposed an amendment to House amendment numbered 2
to the Senate amendment to the bill H.R. 2642, making appropriations
for military construction, the Department of Veterans Affairs, and
related agencies for the fiscal year ending September 30, 2008, and for
other purposes; as follows:
In lieu of the language proposed to be inserted, insert the
following:
TITLE I
OTHER SECURITY, MILITARY CONSTRUCTION, AND INTERNATIONAL MATTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
PUBLIC LAW 480 TITLE II GRANTS
For an additional amount for ``Public Law 480 Title II
Grants'', $850,000,000, to remain available until expended.
For an additional amount for ``Public Law 480 Title II
Grants'', $395,000,000, to become available on October 1,
2008, and to remain available until expended.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
OFFICE OF INSPECTOR GENERAL
For an additional amount for the Office of the Inspector
General, $4,000,000, to remain available until September 30,
2009.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount for ``Salaries and Expenses,
General Legal Activities'', $1,648,000, to remain available
until September 30, 2009.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ``Salaries and Expenses,
United States Attorneys'', $5,000,000, to remain available
until September 30, 2009.
United States Marshals Service
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$18,621,000, to remain available until September 30, 2009.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$164,965,000, to remain available until September 30, 2009.
For an additional amount for ``Salaries and Expenses'',
$82,600,000 to become available on October 1, 2008 and to
remain available until September 30, 2009.
Drug Enforcement Administration
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$22,666,000, to remain available until September 30, 2009.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$4,000,000, to remain available until September 30, 2009.
Federal Prison System
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$9,100,000, to remain available until September 30, 2009.
CHAPTER 3
MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $1,170,200,000: Provided, That such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by
law: Provided further, That of the funds made available under
this heading, $1,033,000,000 shall remain available until
September 30, 2009, and $137,200,000 shall remain available
until September 30, 2012: Provided further, That funds made
available under this heading for military construction
[[Page S4628]]
projects in Iraq shall not be obligated or expended until the
Secretary of Defense certifies to the Committees on
Appropriations of both Houses of Congress that none of the
funds are to be used for the purpose of providing facilities
for the permanent basing of U.S. military personnel in Iraq.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $300,084,000: Provided, That such funds
may be obligated and expended to carry out planning and
design and military construction projects not otherwise
authorized by law: Provided further, That of the funds made
available under this heading, $270,785,000 shall remain
available until September 30, 2009, and $29,299,000 shall
remain available until September 30, 2012.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $361,900,000: Provided, That such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by
law: Provided further, That of the funds made available under
this heading, $324,300,000 shall remain available until
September 30, 2009, and $37,600,000 shall remain available
until September 30, 2012: Provided further, That funds made
available under this heading for military construction
projects in Iraq shall not be obligated or expended until the
Secretary of Defense certifies to the Committees on
Appropriations of both Houses of Congress that none of the
funds are to be used for the purpose of providing facilities
for the permanent basing of U.S. military personnel in Iraq.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $27,600,000, to remain available until
September 30, 2009: Provided, That such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by
law.
Family Housing Construction, Navy and Marine Corps
For an additional amount for ``Family Housing Construction,
Navy and Marine Corps'', $11,766,000, to remain available
until September 30, 2012: Provided, That such funds may be
obligated or expended for planning and design and military
construction projects not otherwise authorized by law.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $1,202,886,000, to remain available until
expended.
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
GENERAL OPERATING EXPENSES
For an additional amount for ``General Operating
Expenses'', $100,000,000, to remain available until expended.
INFORMATION TECHNOLOGY SYSTEMS
For an additional amount for ``Information Technology
Systems'', $20,000,000, to remain available until expended.
CONSTRUCTION, MAJOR PROJECTS
For an additional amount for ``Construction, Major
Projects'', $437,100,000, to remain available until expended,
which shall be for acceleration and completion of planned
major construction of Level I polytrauma rehabilitation
centers as identified in the Department of Veterans Affairs'
Five Year Capital Plan: Provided, That notwithstanding any
other provision of law, such funds may be obligated and
expended to carry out planning and design and major medical
facility construction not otherwise authorized by law:
Provided further, That within 30 days of enactment of this
Act the Secretary shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this heading.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1301. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction,
Army'', there is hereby appropriated an additional
$70,600,000, to remain available until September 30, 2012,
for the acceleration and completion of child development
center construction as proposed in the fiscal year 2009
budget request for the Department of the Army: Provided, That
such funds may be obligated and expended to carry out
planning and design and military construction not otherwise
authorized by law.
Sec. 1302. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction,
Navy and Marine Corps'', there is hereby appropriated an
additional $89,820,000, to remain available until September
30, 2012, for the acceleration and completion of child
development and youth center construction as proposed in the
fiscal year 2009 budget request for the Department of the
Navy: Provided, That such funds may be obligated and expended
to carry out planning and design and military construction
not otherwise authorized by law.
Sec. 1303. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction, Air
Force'', there is hereby appropriated an additional
$8,100,000, to remain available until September 30, 2012, for
the acceleration and completion of child development center
construction as proposed in the fiscal year 2009 budget
request for the Department of the Air Force: Provided, That
such funds may be obligated and expended to carry out
planning and design and military construction not otherwise
authorized by law.
Sec. 1304. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction,
Army'', there is hereby appropriated an additional
$200,000,000, to remain available until September 30, 2012,
to accelerate barracks improvements at Department of the Army
installations: Provided, That such funds may be obligated and
expended to carry out planning and design and barracks
construction not otherwise authorized by law: Provided
further, That within 30 days of enactment of this Act the
Secretary shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for barracks
construction prior to obligation.
Sec. 1305. Collection of Certain Indebtedness of Members of
the Armed Forces and Veterans Who Die of Injury Incurred or
Aggravated in Service in the Line of Duty in a Combat Zone.
(a) Limitation on Authority.--
(1) In general.--Chapter 53 of title 38, United States
Code, is amended by inserting after section 5302 the
following new section:
``Sec. 5302A. Collection of indebtedness: certain debts of
members of the Armed Forces and veterans who die of injury
incurred or aggravated in the line of duty in a combat zone
``(a) Limitation on Authority.--The Secretary may not
collect all or any part of an amount owed to the United
States by a member of the Armed Forces or veteran described
in subsection (b) under any program under the laws
administered by the Secretary, other than a program referred
to in subsection (c), if the Secretary determines that
termination of collection is in the best interest of the
United States.
``(b) Covered Individuals.--A member of the Armed Forces or
veteran described in this subsection is any member or veteran
who dies as a result of an injury incurred or aggravated in
the line of duty while serving in a theater of combat
operations (as determined by the Secretary in consultation
with the Secretary of Defense) in a war or in combat against
a hostile force during a period of hostilities (as that term
is defined in section 1712A(a)(2)(B) of this title) after
September 11, 2001.
``(c) Inapplicability to Housing and Small Business Benefit
Programs.--The limitation on authority in subsection (a)
shall not apply to any amounts owed the United States under
any program carried out under chapter 37 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by inserting
after the item relating to section 5302 the following new
item:
``5302A. Collection of indebtedness: certain debts of members of the
Armed Forces and veterans who die of injury incurred or
aggravated in the line of duty in a combat zone.''.
(b) Equitable Refund.--In any case where all or any part of
an indebtedness of a covered individual, as described in
section 5302A(a) of title 38, United States Code, as added by
subsection (a)(1), was collected after September 11, 2001,
and before the date of the enactment of this Act, and the
Secretary of Veterans Affairs determines that such
indebtedness would have been terminated had such section been
in effect at such time, the Secretary may refund the amount
so collected if the Secretary determines that the individual
is equitably entitled to such refund.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to collections of indebtedness
of members of the Armed Forces and veterans who die on or
after September 11, 2001.
(d) Short Title.--This section may be cited as the ``Combat
Veterans Debt Elimination Act of 2008''.
CHAPTER 4
Subchapter A--Supplemental Appropriations for Fiscal Year 2008
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ``Diplomatic and Consular
Programs'', $1,413,700,000, to remain available until
September 30, 2009, of which $212,400,000 for worldwide
security protection is available until expended: Provided,
That not more than $1,095,000,000 of the funds appropriated
under this heading shall be available for diplomatic
operations in Iraq: Provided further, That of the funds
appropriated under this heading, not more than $30,000,000
shall be made available to establish and implement a
coordinated civilian response capacity at the United States
Department of State: Provided further, That of the funds
appropriated under this heading, up to $5,000,000 shall be
made available to establish a United States Consulate in
Lhasa, Tibet: Provided further, That the Department of State
shall not consent to the opening of a consular post in the
United States by the People's Republic of China until such
time as a United States Consulate in Lhasa, Tibet is
established.
[[Page S4629]]
Office Of Inspector General
(Including Transfer of Funds)
For an additional amount for ``Office of Inspector
General'', $12,500,000, to remain available until September
30, 2009: Provided, That $2,500,000 shall be transferred to
the Special Inspector General for Iraq Reconstruction for
reconstruction oversight, and up to $5,000,000 may be
transferred to the Special Inspector General for Afghanistan
Reconstruction for reconstruction oversight.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ``Educational and Cultural
Exchange Programs'', $10,000,000, to remain available until
September 30, 2009, of which $5,000,000 shall be for programs
and activities in Africa, and $5,000,000 shall be for
programs and activities in the Western Hemisphere.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $76,700,000, to remain
available until expended, for facilities in Afghanistan.
International Organizations
Contributions to International Organizations
For an additional amount for ``Contributions to
International Organizations'', $66,000,000, to remain
available until September 30, 2009.
Contributions for International Peacekeeping Activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $383,600,000, to
remain available until September 30, 2009, of which
$333,600,000 shall be made available for the United Nations-
African Union Hybrid Mission in Darfur.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $3,000,000, to remain available until September
30, 2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
International Disaster Assistance
For an additional amount for ``International Disaster
Assistance'', $240,000,000, to remain available until
expended.
Operating Expenses of the United States Agency for International
Development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$149,500,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading,
not more than $25,000,000 shall be made available to
establish and implement a coordinated civilian response
capacity at the United States Agency for International
Development.
Operating Expenses of the United States Agency for International
Development
OFFICE OF INSPECTOR GENERAL
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $4,000,000, to remain available until
September 30, 2009.
Other Bilateral Economic Assistance
Economic Support Fund
For an additional amount for ``Economic Support Fund'',
$1,962,500,000, to remain available until September 30, 2009,
of which not more than $398,000,000 may be made available for
assistance for Iraq, $150,000,000 shall be made available for
assistance for Jordan to meet the needs of Iraqi refugees,
and up to $53,000,000 may be made available for energy-
related assistance for North Korea, notwithstanding any other
provision of law: Provided, That not more than $200,000,000
of the funds appropriated under this heading in this
subchapter shall be made available for assistance for the
West Bank: Provided further, That funds made available
pursuant to the previous proviso shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That the funds made
available under this heading for energy-related assistance
for North Korea may be made available to support the goals of
the Six Party Talks Agreements after the Secretary of State
determines and reports to the Committees on Appropriations
that North Korea is continuing to fulfill its commitments
under such agreements.
Department of State
Democracy Fund
For an additional amount for ``Democracy Fund'',
$76,000,000, to remain available until September 30, 2009, of
which $75,000,000 shall be for democracy programs in Iraq and
$1,000,000 shall be for democracy programs in Chad.
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $520,000,000, to remain
available until September 30, 2009, of which not more than
$25,000,000 shall be made available for security assistance
for the West Bank: Provided, That of the funds appropriated
under this heading, $1,000,000 shall be made available for
the Office of the United Nations High Commissioner for Human
Rights in Mexico.
Migration and Refugee Assistance
For an additional amount for ``Migration and Refugee
Assistance'', $330,500,000, to remain available until
expended.
United States Emergency Refugee and Migration Assistance Fund
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $36,608,000, to
remain available until expended.
Nonproliferation, Anti-Terrorism, Demining and Related Programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $10,000,000, to
remain available until September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$10,000,000, to remain available until September 30, 2009.
Subchapter B--Bridge Fund Appropriations for Fiscal Year 2009
DEPARTMENT OF STATE
Administration of Foreign Affairs
Diplomatic and Consular Programs
For an additional amount for ``Diplomatic and Consular
Programs'', $652,400,000, which shall become available on
October 1, 2008 and remain available through September 30,
2009: Provided, That of the funds appropriated under this
heading, $78,400,000 is for worldwide security protection and
shall remain available until expended: Provided further, That
not more than $500,000,000 of the funds appropriated under
this heading shall be available for diplomatic operations in
Iraq.
Office of Inspector General
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $57,000,000, which shall become available on
October 1, 2008 and remain available through September 30,
2009: Provided, That $36,500,000 shall be transferred to the
Special Inspector General for Iraq Reconstruction for
reconstruction oversight and up to $5,000,000 shall be
transferred to the Special Inspector General for Afghanistan
Reconstruction for reconstruction oversight.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $41,300,000, which shall
become available on October 1, 2008 and remain available
until expended, for facilities in Afghanistan.
International Organizations
Contributions to International Organizations
For an additional amount for ``Contributions to
International Organizations'', $75,000,000, which shall
become available on October 1, 2008 and remain available
through September 30, 2009.
Contributions for International Peacekeeping Activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $150,500,000, which
shall become available on October 1, 2008 and remain
available through September 30, 2009.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ``International Broadcasting
Operations'', $6,000,000, which shall become available on
October 1, 2008 and remain available through September 30,
2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Global Health and Child Survival
For an additional amount for ``Global Health and Child
Survival'', $75,000,000, which shall become available on
October 1, 2008 and remain available through September 30,
2009, for programs to combat avian influenza.
Development Assistance
For an additional amount for ``Development Assistance'',
$200,000,000, for assistance for developing countries to
address the international food crisis notwithstanding any
other provision of law, which shall become available on
October 1, 2008 and remain available through September 30,
2010: Provided, That such assistance should be carried out
consistent with the purposes of section 103(a)(1) of the
Foreign Assistance Act of 1961: Provided further, That not
more than $50,000,000 should be made available for local or
regional purchase and distribution of food: Provided further,
That the Secretary of State shall submit to the Committees on
Appropriations not later than 45 days after enactment of this
Act, and prior to the initial obligation of funds
appropriated under this heading, a report on the proposed
uses of such funds to alleviate hunger and malnutrition,
including a list of those countries facing significant food
shortages.
International Disaster Assistance
For an additional amount for ``International Disaster
Assistance'', $200,000,000, which shall become available on
October 1, 2008 and remain available until expended.
Operating Expenses of the United States Agency for International
Development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$93,000,000, which shall become available on October 1, 2008
and remain available through September 30, 2009.
[[Page S4630]]
Operating Expenses of the United States Agency for International
Development
OFFICE OF INSPECTOR GENERAL
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $1,000,000, which shall become available
on October 1, 2008 and remain available through September 30,
2009.
Other Bilateral Economic Assistance
Economic Support Fund
For an additional amount for ``Economic Support Fund'',
$1,132,300,000, which shall become available on October 1,
2008 and remain available through September 30, 2009, of
which not more than $110,000,000 may be made available for
assistance for Iraq, $100,000,000 shall be made available for
assistance for Jordan, not more than $455,000,000 may be made
available for assistance for Afghanistan, not more than
$150,000,000 may be made available for assistance for
Pakistan, not more than $150,000,000 shall be made available
for assistance for the West Bank, and $15,000,000 may be made
available for energy-related assistance for North Korea,
notwithstanding any other provision of law.
Department of State
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $151,000,000, which shall
become available on October 1, 2008 and remain available
through September 30, 2009, of which not more than
$50,000,000 shall be made available for security assistance
for the West Bank.
Migration and Refugee Assistance
For an additional amount for ``Migration and Refugee
Assistance'', $350,000,000, which shall become available on
October 1, 2008 and remain available until expended.
Nonproliferation, Anti-Terrorism, Demining and Related Programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $4,500,000, for
humanitarian demining assistance for Iraq, which shall become
available on October 1, 2008 and remain available through
September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
Foreign Military Financing Program
For an additional amount for ``Foreign Military Financing
Program'', $145,000,000, which shall become available on
October 1, 2008 and remain available through September 30,
2009, of which $100,000,000 shall be made available for
assistance for Jordan: Provided, That section 3802(c) of
title III, chapter 8 of Public of Law 110-28 shall apply to
funds made available under this heading for assistance for
Lebanon.
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$85,000,000, which shall become available on October 1, 2008
and remain available through September 30, 2009.
Subchapter C--General Provisions--This Chapter
Extension of Authorities
Sec. 1401. Funds appropriated by this chapter may be
obligated and expended notwithstanding section 10 of Public
Law 91-672 (22 U.S.C. 2412), section 15 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2680),
section 313 of the Foreign Relations Authorization Act,
Fiscal Year 1994 and 1995 (22 U.S.C. 6212), and section
504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
IRAQ
Sec. 1402. (a) Asset Transfer Agreement.--
(1) None of the funds appropriated by this chapter for
infrastructure maintenance activities in Iraq may be made
available until the Secretary of State certifies and reports
to the Committees on Appropriations that the Governments of
the United States and Iraq have entered into, and are
implementing, an asset transfer agreement that includes
commitments by the Government of Iraq to maintain United
States-funded infrastructure in Iraq.
(2) None of the funds appropriated by this chapter may be
made available for the construction of prison facilities in
Iraq.
(b) Anti-corruption.--None of the funds appropriated by
this chapter for rule of law programs in Iraq may be made
available for assistance for the Government of Iraq until the
Secretary of State certifies and reports to the Committees on
Appropriations that a comprehensive anti-corruption strategy
has been developed, and is being implemented, by the
Government of Iraq, and the Secretary of State submits a
list, in classified form if necessary, to the Committees on
Appropriations of senior Iraqi officials who the Secretary
has credible evidence to believe have committed corrupt acts.
(c) Provincial Reconstruction Teams.--None of the funds
appropriated by this chapter for the operational or program
expenses of Provincial Reconstruction Teams (PRTs) in Iraq
may be made available until the Secretary of State submits a
report to the Committees on Appropriations detailing--
(1) the strategy for the eventual winding down and close
out of PRTs;
(2) anticipated costs associated with PRT operations,
programs, and eventual winding down and close out, including
security for PRT personnel and anticipated Government of Iraq
contributions; and
(3) anticipated placement and cost estimates of future
United States Consulates in Iraq.
(d) Community Stabilization Program.--None of the funds
appropriated by this chapter for the Community Stabilization
Program in Iraq may be made available until the Secretary of
State certifies and reports to the Committees on
Appropriations that the United States Agency for
International Development is implementing recommendations
contained in Office of Inspector General Audit Report No. E-
267-08-001-P to ensure accountability of funds.
(e) Matching Requirement.--
(1) Notwithstanding any other provision of law, funds
appropriated by this chapter for assistance for Iraq shall be
made available only to the extent that the Government of Iraq
matches such assistance on a dollar-for-dollar basis.
(2) Subsection (e)(1) shall not apply to funds made
available for--
(A) grants and cooperative agreements for programs to
promote democracy and human rights;
(B) the Community Action Program and other assistance
through civil society organizations;
(C) humanitarian demining; or
(D) assistance for refugees, internally displaced persons,
and civilian victims of the military operations.
(3) The Secretary of State shall certify to the Committees
on Appropriations prior to the initial obligation of funds
pursuant to this section that the Government of Iraq has
committed to obligate matching funds on a dollar-for-dollar
basis. The Secretary shall submit a report to the Committees
on Appropriations not later than September 30, 2008 and 180
days thereafter, detailing the amounts of funds obligated and
expended by the Government of Iraq to meet the requirements
of this section.
(4) Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the amounts provided by the
Government of Iraq since June 30, 2004, to assist Iraqi
refugees in Syria, Jordan, and elsewhere, and the amount of
such assistance the Government of Iraq plans to provide in
fiscal year 2008. The Secretary shall work expeditiously with
the Government of Iraq to establish an account within its
annual budget sufficient to, at a minimum, match United
States contributions on a dollar-for-dollar basis to
organizations and programs for the purpose of assisting Iraqi
refugees.
(f) Vetting.--Prior to the initial obligation of funds
appropriated for assistance for Iraq in this chapter, the
Secretary of State shall, in consultation with the heads of
other Federal departments and agencies, take appropriate
steps to ensure that such funds are not provided to or
through any individual, private entity, or educational
institution that the Secretary knows or has reason to believe
advocates, plans, sponsors, or engages in, terrorist
activities.
(g) Iraq Relief and Reconstruction Fund.--
(1) Notwithstanding any other provision of law, the expired
balances of funds appropriated or otherwise made available
under the heading ``Iraq Relief and Reconstruction Fund'' in
prior Acts making appropriations for foreign operations,
export financing, and related programs shall be rescinded.
(2) None of the funds made available under the heading
``Iraq Relief and Reconstruction Fund'' in prior Acts making
appropriations for foreign operations, export financing, and
related programs may be reprogrammed for any purpose other
than that previously notified to the Committees on
Appropriations prior to April 30, 2008, and none of such
funds may be made available to initiate any new projects or
activities.
(3) Not later than 30 days after enactment of this Act, the
Secretary of State shall report to the Committees on
Appropriations on the balances of obligated funds referenced
in subsection (g)(1), and estimates of the amount of funds
required to close out ongoing projects or for outstanding
claims.
AFGHANISTAN
Sec. 1403. (a) Assistance for Women and Girls.--Funds
appropriated by this chapter under the heading ``Economic
Support Fund'' that are available for assistance for
Afghanistan shall be made available, to the maximum extent
practicable, through local Afghan provincial and municipal
governments and Afghan civil society organizations and in a
manner that emphasizes the participation of Afghan women and
directly improves the economic, social and political status
of Afghan women and girls.
(b) Higher Education.--Of the funds appropriated by this
chapter under the heading ``Economic Support Fund'' that are
made available for education programs in Afghanistan, not
less than 50 percent shall be made available to support
higher education and vocational training programs in law,
accounting, engineering, public administration, and other
disciplines necessary to rebuild the country, in which the
participation of women is emphasized.
(c) Civilian Assistance.--Of the funds appropriated by this
chapter under the heading ``Economic Support Fund'' that are
available for assistance for Afghanistan, not less than
$10,000,000 shall be made available for continued support of
the United States Agency for International Development's
Afghan Civilian Assistance Program, and not less than
[[Page S4631]]
$2,000,000 shall be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund.
(d) Anti-corruption.--Not later than 90 days after the
enactment of this Act, the Secretary of State shall--
(1) submit a report to the Committees on Appropriations on
actions being taken by the Government of Afghanistan to
combat corruption within the national and provincial
governments, including to remove and prosecute officials who
have committed corrupt acts;
(2) submit a list to the Committees on Appropriations, in
classified form if necessary, of senior Afghan officials who
the Secretary has credible evidence to believe have committed
corrupt acts; and
(3) certify and report to the Committees on Appropriations
that effective mechanisms are in place to ensure that
assistance to national government ministries and provincial
governments will be properly accounted for.
Waiver of Certain Sanctions Against North Korea
Sec. 1404. (a) Annual Waiver Authority.--
(1) In general.--Except as provided in subsection (b), the
President may waive in whole or in part, with respect to
North Korea, the application of any sanction under section
102(b) of the Arms Export Control Act (22 U.S.C. 2799aa-
1(b)), for the purpose of--
(A) assisting in the implementation and verification of the
compliance by North Korea with its commitment, undertaken in
the Joint Statement of September 19, 2005, to abandon all
nuclear weapons and existing nuclear programs as part of the
verifiable denuclearization of the Korean Peninsula; and
(B) promoting the elimination of the capability of North
Korea to develop, deploy, transfer, or maintain weapons of
mass destruction and their delivery systems.
(2) Duration of waiver.--Any waiver issued under this
subsection shall expire at the end of the calendar year in
which it is issued.
(b) Exceptions.--
(1) Limited exception related to certain sanctions and
prohibitions.--The authority under subsection (a) shall not
apply with respect to a sanction or prohibition under
subparagraph (B), (C), or (G) of section 102(b)(2) of the
Arms Export Control Act, unless the President determines and
certifies to the appropriate congressional committees that--
(A) all reasonable steps will be taken to assure that the
articles or services exported or otherwise provided will not
be used to improve the military capabilities of the armed
forces of North Korea; and
(B) such waiver is in the national security interests of
the United States.
(2) Limited exception related to certain activities.--
Unless the President determines and certifies to the
appropriate congressional committees that using the authority
under subsection (a) is vital to the national security
interests of the United States, such authority shall not
apply with respect to--
(A) an activity described in subparagraph (A) of section
102(b)(1) of the Arms Export Control Act that occurs after
September 19, 2005, and before the date of the enactment of
this Act;
(B) an activity described in subparagraph (C) of such
section that occurs after September 19, 2005; or
(C) an activity described in subparagraph (D) of such
section that occurs after the date of enactment of this Act.
(3) Exception related to certain activities occurring after
date of enactment.--The authority under subsection (a) shall
not apply with respect to an activity described in
subparagraph (A) or (B) of section 102(b)(1) of the Arms
Export Control Act that occurs after the date of the
enactment of this Act.
(c) Notifications and Reports.--
(1) Congressional notification.--The President shall notify
the appropriate congressional committees in writing not later
than 15 days before exercising the waiver authority under
subsection (a).
(2) Annual report.--Not later than January 31, 2009, and
annually thereafter, the President shall submit to the
appropriate congressional committees a report that--
(A) lists all waivers issued under subsection (a) during
the preceding year;
(B) describes in detail the progress that is being made in
the implementation of the commitment undertaken by North
Korea, in the Joint Statement of September 19, 2005, to
abandon all nuclear weapons and existing nuclear programs as
part of the verifiable denuclearization of the Korean
Peninsula;
(C) discusses specifically any shortcomings in the
implementation by North Korea of that commitment; and
(D) lists and describes the progress and shortcomings, in
the preceding year, of all other programs promoting the
elimination of the capability of North Korea to develop,
deploy, transfer, or maintain weapons of mass destruction or
their delivery systems.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives.
MEXICO
Sec. 1405. (a) Assistance for Mexico.--Of the funds
appropriated in subchapter A under the heading
``International Narcotics Control and Law Enforcement'', not
more than $350,000,000 may be made available for assistance
for Mexico, only to combat drug trafficking and related
violence and organized crime, and for judicial reform, anti-
corruption, and rule of law activities: Provided, That none
of the funds made available under this section shall be made
available for budget support or as cash payments: Provided
further, That none of the funds made available under this
section shall be available for obligation until the Secretary
of State determines and reports to the Committees on
Appropriations that vetting procedures are in place to ensure
that members and units of the Mexican military and police
forces that receive assistance pursuant to this section have
not been involved in human rights violations or corrupt acts.
(b) Allocation of Funds.--Twenty-five percent of the funds
made available by subchapter A for assistance for Mexico
under the heading ``International Narcotics Control and Law
Enforcement'' may be obligated only after the Secretary of
State determines and reports to the Committees on
Appropriations that:
(1) The Government of Mexico is--
(A) strengthening the legal authority and independence of
the National Human Rights Commission;
(B) establishing police complaints commissions with
authority and independence to receive complaints and carry
out effective investigations;
(C) establishing an independent mechanism, with
representation from civil society, to monitor programs to
combat drug trafficking and related violence and organized
crime, judicial reform, anti-corruption, and rule of law
activities to ensure due process and the protection of
freedoms of expression, association, and assembly, and rights
of privacy, in accordance with Mexican and international law;
(D) is enforcing the prohibition on the use of testimony
obtained through torture or other ill-treatment in violation
of Mexican and international law;
(E) is ensuring that the Mexican military justice system is
transferring all cases involving allegations of human rights
violations by military personnel to civilian prosecutors and
judicial authorities, and that the armed forces are fully
cooperating with civilian prosecutors and judicial
authorities in prosecuting and punishing in civilian courts
members of the armed forces who have been credibly alleged to
have committed such violations; and
(F) is ensuring that federal and state police forces are
fully cooperating with prosecutors and judicial authorities
in prosecuting and punishing members of the police forces who
have been credibly alleged to have committed violations of
human rights.
(2) Civilian prosecutors and judicial authorities are
investigating, prosecuting and punishing members of the
Mexican military and police forces who have been credibly
alleged to have committed human rights violations.
(c) Exception.--Notwithstanding subsection (b), of the
funds made available for assistance for Mexico pursuant to
this section, $3,000,000 shall be made available for
technical and other assistance to enable the Government of
Mexico to implement a unified national registry of federal,
state, and municipal police officers, and $5,000,000 should
be made available to the Bureau of Alcohol, Tobacco, Firearms
and Explosives to deploy special agents in Mexico to support
Mexican law enforcement agencies in tracing seized firearms
and investigating firearms trafficking cases.
(d) Report.--The report required in subsection (b) shall
include a description of actions taken with respect to each
requirement specified in subsection (b) and the cases or
issues brought to the attention of the Secretary of State for
which the response or action taken has been inadequate.
(e) Notification.--Funds made available for Mexico in
subchapter A shall be subject to the regular notification
procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-
1).
(f) Spending Plan.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a detailed
spending plan for funds appropriated or otherwise made
available for Mexico in subchapter A, which shall include a
strategy for combating drug trafficking and related violence
and organized crime, judicial reform, preventing corruption,
and strengthening the rule of law, with concrete goals,
actions to be taken, budget proposals, and anticipated
results.
(g) Consultation.--Not later than 90 days after the date of
the enactment of this Act, and every 120 days thereafter
until September 30, 2010, the Secretary of State shall
consult with Mexican and internationally recognized human
rights organizations on progress in meeting the requirements
described in subsection (b).
CENTRAL AMERICA
Sec. 1406. (a) Assistance for the Countries of Central
America.--Of the funds appropriated in subchapter A under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Economic Support Fund'', not more than
$100,000,000 may be
[[Page S4632]]
made available for assistance for the countries of Central
America, Haiti, and the Dominican Republic only to combat
drug trafficking and related violence and organized crime,
and for judicial reform, anti-corruption, and rule of law
activities: Provided, That of the funds appropriated under
the heading ``Economic Support Fund'', $40,000,000 shall be
made available through the United States Agency for
International Development for an Economic and Social
Development Fund for Central America: Provided further, That
of the funds made available pursuant to this section,
$5,000,000 shall be made available for assistance for Haiti
and $5,000,000 shall be made available for assistance for the
Dominican Republic: Provided further, That of the funds made
available pursuant to this section that are available for
assistance for Guatemala, not less than $1,000,000 shall be
made available for a United States contribution to the
International Commission Against Impunity in Guatemala:
Provided further, That none of the funds shall be made
available for budget support or as cash payments: Provided
further, That, with the exception of the first and third
provisos in this section, none of the funds shall be
available for obligation until the Secretary of State
determines and reports to the Committees on Appropriations
that vetting procedures are in place to ensure that members
and units of the military and police forces of the countries
of Central America, Haiti and the Dominican Republic that
receive assistance pursuant to this section have not been
involved in human rights violations or corrupt acts.
(b) Allocation of Funds.--Twenty-five percent of the funds
made available by subchapter A for assistance for the
countries of Central America, Haiti and the Dominican
Republic under the heading ``International Narcotics Control
and Law Enforcement'' may be obligated only after the
Secretary of State determines and reports to the Committees
on Appropriations that the government of such country is--
(1) establishing a police complaints commission with
authority and independence to receive complaints and carry
out effective investigations;
(2) implementing reforms to improve the capacity and ensure
the independence of the judiciary; and
(3) suspending, prosecuting and punishing members of the
military and police forces who have been credibly alleged to
have committed violations of human rights and corrupt acts.
(c) Report.--The report required in subsection (b) shall
include actions taken with respect to each requirement and
the cases or issues brought to the attention of the Secretary
for which the response or action taken has been inadequate.
(d) Notification.--Funds made available for assistance for
the countries of Central America, Haiti and the Dominican
Republic in subchapter A shall be subject to the regular
notification procedures of the Committees on Appropriations
and section 634A of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1).
(e) Spending Plan.--Not later than 45 days after enactment
of this Act the Secretary of State shall submit to the
Committees on Appropriations a detailed spending plan for
funds appropriated or otherwise made available for the
countries of Central America, Haiti and the Dominican
Republic in subchapter A, which shall include a strategy for
combating drug trafficking and related violence and organized
crime, judicial reform, preventing corruption, and
strengthening the rule of law, with concrete goals, actions
to be taken, budget proposals and anticipated results.
(f) Consultation.--Not later than 90 days after the date of
enactment of this Act and every 120 days thereafter until
September 30, 2010, the Secretary of State shall consult with
internationally recognized human rights organizations, and
human rights organizations in the countries of Central
America, Haiti and the Dominican Republic receiving
assistance pursuant to this section, on progress in meeting
the requirements described in subsection (b).
(g) Definition.--For the purposes of this section, the term
``countries of Central America'' means Belize, Costa Rica, El
Salvador, Guatemala, Honduras, Nicaragua, and Panama.
TECHNICAL PROVISIONS
Sec. 1407. (a) Administrative Expenses.--Of the funds
appropriated or otherwise made available under the heading
``Economic Support Fund'' by title III of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161),
up to $7,800,000 may be made available, in addition to
amounts otherwise available for such purposes, for
administrative expenses of the United States Agency for
International Development for alternative development
programs in the Andean region of South America. These funds
may be used to reimburse funds appropriated under the heading
``Operating Expenses of the United States Agency for
International Development'' for obligations incurred for the
purposes provided under this section prior to enactment of
this Act.
(b) Authority.--Funds appropriated or otherwise made
available by title III of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161) under the heading
``Economic Support Fund'' that are available for a
competitively awarded grant for nuclear security initiatives
relating to North Korea shall be made available
notwithstanding any other provision of law.
(c) Extension of Authority.--Not more than $1,350,000 of
the funds appropriated or otherwise made available under the
heading ``Foreign Military Financing Program'' by the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161)
that were previously transferred to and merged with
``Diplomatic and Consular Programs'' may be made available
for any purposes authorized for that account, of which up to
$500,000 shall be made available to increase the capacity of
the United States Embassy in Mexico City to vet members and
units of Mexican military and police forces that receive
assistance made available by this Act and to monitor the uses
of such assistance.
(d) Reimbursements.--Any agreement for the transfer or
allocation of funds appropriated by this Act, or prior Acts,
entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of
the Foreign Assistance Act of 1961 or any comparable
provision of law, shall include the provision of sufficient
funds to fully reimburse the United States Agency for
International Development for the administrative costs,
including the cost of direct hire personnel, incurred in
implementing and managing the programs and activities under
such transfer or allocation. Such funds transferred or
allocated to the United States Agency for International
Development for administrative costs shall be transferred to
and merged with ``Operating Expenses of the United States
Agency for International Development''.
(e) Exception.--Section 10002 of title X of this Act shall
not apply to this section.
(f) Spending Authority.--Funds made available by this
chapter may be expended notwithstanding section 699K of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161).
BUYING POWER MAINTENANCE ACCOUNT
(including transfer of funds)
Sec. 1408. (a) Of the funds appropriated under the heading
``Diplomatic and Consular Programs'' and allocated by section
3810 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007
(Public Law 110-28), $26,000,000 shall be transferred to and
merged with funds in the ``Buying Power Maintenance
Account'': Provided, That of the funds made available by this
chapter up to an additional $74,000,000 may be transferred to
and merged with the ``Buying Power Maintenance Account'',
subject to the regular notification procedures of the
Committees on Appropriations and in accordance with the
procedures in section 34 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2706). Any funds
transferred pursuant to this section shall be available,
without fiscal year limitation, pursuant to section 24 of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2696).
(b) Section 24(b)(7) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by
amending subparagraph (D) to read as follows:
``(D) The authorities contained in this paragraph may be
exercised only with respect to funds appropriated or
otherwise made available after fiscal year 2008.''.
SERBIA
Sec. 1409. (a) Of the funds made available for assistance
for Serbia under the heading ``Assistance for Eastern Europe
and the Baltic States'' by title III of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161),
an amount equivalent to the costs of damage to the United
States Embassy in Belgrade, Serbia, as estimated by the
Secretary of State, resulting from the February 21, 2008
attack on such Embassy, shall be transferred to, and merged
with, funds provided under the heading ``Embassy Security,
Construction, and Maintenance'' to be used for necessary
repairs or future construction.
(b) The requirements of subsection (a) shall not apply if
the Secretary of State certifies to the Committees on
Appropriations that the Government of Serbia has provided
full compensation to the Department of State for damages to
the United States Embassy in Belgrade, Serbia resulting from
the February 21, 2008 attack on such Embassy.
(c) Section 10002 of title X of this Act shall not apply to
this section.
Rescissions
(Including Rescissions)
Sec. 1410. (a) World Food Program.--
(1) For an additional amount for a contribution to the
World Food Program to assist farmers in countries affected by
food shortages to increase crop yields, notwithstanding any
other provision of law, $20,000,000, to remain available
until expended.
(2) Of the funds appropriated under the heading ``Andean
Counterdrug Initiative'' in prior acts making appropriations
for foreign operations, export financing, and related
programs, $20,000,000 are rescinded.
(b) Sudan.--
(1) For an additional amount for ``International Narcotics
Control and Law Enforcement'', $10,000,000, for assistance
for Sudan to support formed police units, to remain available
until September 30, 2009, and subject to prior consultation
with the Committees on Appropriations.
[[Page S4633]]
(2) Of the funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' in
prior acts making appropriations for foreign operations,
export financing, and related programs, $10,000,000 are
rescinded.
(c) Mexico.--Of the unobligated balances of funds
appropriated for ``Iraq Relief and Reconstruction Fund'' in
prior Acts making appropriations for foreign operations,
export financing, and related programs, $50,000,000 are
rescinded, notwithstanding section 1402(g) of this Act.
(d) Horn of Africa.--
(1) For an additional amount for ``Economic Support Fund'',
$40,000,000 for programs to promote development and counter
extremism in the Horn of Africa, to be administered by the
United States Agency for International Development, and to
remain available until September 30, 2009.
(2) Of the unobligated balances of funds appropriated for
``Iraq Relief and Reconstruction Fund'' in prior Acts making
appropriations for foreign operations, export financing, and
related programs, $40,000,000 are rescinded, notwithstanding
section 1402(g) of this Act.
(e) Exception.--Section 10002 of title X of this Act shall
not apply to subsections (a) and (b) of this section.
DARFUR PEACEKEEPING
Sec. 1411. Funds appropriated under the headings ``Foreign
Military Financing Program'' and ``Peacekeeping Operations''
by the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law
110-161) and by prior Acts making appropriations for foreign
operations, export financing, and related programs may be
used to transfer or lease helicopters necessary to the
operations of the African Union/United Nations peacekeeping
operation in Darfur, Sudan, that was established pursuant to
United Nations Security Council Resolution 1769. The
President may utilize the authority of sections 506 or 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 2321j) or
section 61 of the Arms Export Control Act (22 U.S.C. 2796) in
order to effect such transfer or lease, notwithstanding any
other provision of law except for sections 502B(a)(2), 620A
and 620J of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(a)(2), 2371, 2378d) and section 40A of the Arms Export
Control Act (22 U.S.C. 2780). Any exercise of the authority
of section 506 of the Foreign Assistance Act pursuant to this
section may include the authority to acquire helicopters by
contract.
FOOD SECURITY AND CYCLONE NARGIS RELIEF
(INCLUDING RESCISSION OF FUNDS)
Sec. 1412. (a) For an additional amount for ``International
Disaster Assistance'', $225,000,000, to address the
international food crisis globally and for assistance for
Burma to address the effects of Cyclone Nargis: Provided,
That not less than $125,000,000 should be made available for
the local or regional purchase and distribution of food to
address the international food crisis: Provided further, That
notwithstanding any other provision of law, none of the funds
appropriated under this heading may be made available for
assistance for the State Peace and Development Council.
(b) Of the unexpended balances of funds appropriated under
the heading ``Millennium Challenge Corporation'' in prior
Acts making appropriations for foreign operations, export
financing and related programs, $225,000,000 are rescinded.
(c) Section 10002 of title X of this Act shall not apply to
this section.
SOUTH AFRICA
Sec. 1413. The Secretary of State, after consultation with
the Attorney General and the Secretary of Homeland Security,
may determine, in the Secretary's sole and unreviewable
discretion considering the foreign policy interests of the
United States, that for activities undertaken in opposition
to apartheid rule, subsections (a)(2) and (a)(3)(B) of 8
U.S.C. 1182, as amended, shall not apply.
JORDAN
(INCLUDING RESCISSION OF FUNDS)
Sec. 1414. (a) For an additional amount for ``Economic
Support Fund'' for assistance for Jordan, $100,000,000, to
remain available until September 30, 2009.
(b) For an additional amount for ``Foreign Military
Financing Program'' for assistance for Jordan, $200,000,000,
to remain available until September 30, 2009.
(c) Of the unexpended balances of funds appropriated under
the heading ``Millennium Challenge Corporation'' in prior
Acts making appropriations for foreign operations, export
financing, and related programs, $300,000,000 are rescinded.
(d) Section 10002 of title X of this Act shall not apply to
this section.
Allocations
Sec. 1415. (a) Funds provided by this chapter for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the explanatory statement accompanying this Act:
``Diplomatic and Consular Programs''.
``Economic Support Fund''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the statement accompanying this
Act shall be subject to the regular notification procedures
of the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961.
Reprogramming Authority
Sec. 1416. Notwithstanding any other provision of law, to
include minimum funding requirements or funding directives,
funds made available under the headings ``Development
Assistance'' and ``Economic Support Fund'' in prior Acts
making appropriations for foreign operations, export
financing, and related programs may be made available to
address critical food shortages, subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
Spending Plans and Notification Procedures
Sec. 1417. (a) Subchapter A Spending Plan.--Not later than
45 days after the enactment of this Act the Secretary of
State shall submit to the Committees on Appropriations a
report detailing planned expenditures for funds appropriated
under the headings in subchapter A, except for funds
appropriated under the headings ``International Disaster
Assistance'', ``Migration and Refugee Assistance'', and
``United States Emergency Refugee and Migration Assistance
Fund''.
(b) Subchapter B Spending Plan.--The Secretary of State
shall submit to the Committees on Appropriations not later
than November 1, 2008, and prior to the initial obligation of
funds, a detailed spending plan for funds appropriated or
otherwise made available in subchapter B, except for funds
appropriated under the headings ``International Disaster
Assistance'', ``Migration and Refugee Assistance'', and
``United States Emergency Refugee and Migration Assistance
Fund''.
(c) Notification.--Funds made available in this chapter
shall be subject to the regular notification procedures of
the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961.
terms and conditions
Sec. 1418. Unless otherwise provided for in this Act, funds
appropriated, or otherwise made available, by this chapter
shall be available under the authorities and conditions
provided in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of
Public Law 110-161).
TITLE II
DOMESTIC MATTERS
CHAPTER 1
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For an additional amount for salaries and expenses of the
Food and Drug Administration, $265,000,000, to remain
available until September 30, 2009: Provided, That of the
amount provided: (1) $119,000,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$48,500,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs; (3) $23,500,000 shall be for the Center
for Biologics Evaluation and Research and related field
activities in the Office of Regulatory Affairs; (4)
$10,700,000 shall be for the Center for Veterinary Medicine
and related field activities in the Office of Regulatory
Affairs; (5) $35,500,000 shall be for the Center for Devices
and Radiological Health and related field activities in the
Office of Regulatory Affairs; (6) $6,000,000 shall be for the
National Center for Toxicological Research; and (7)
$21,800,000 shall be for other activities, including the
Office of the Commissioner, the Office of Scientific and
Medical Programs; the Office of Policy, Planning and
Preparedness; the Office of International and Special
Programs; the Office of Operations; and central services for
these offices.
BUILDINGS AND FACILITIES
For an additional amount for plans, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities of or used by the Food and Drug
Administration, where not otherwise provided, $10,000,000, to
remain available until expended.
CHAPTER 2
DEPARTMENT OF COMMERCE
Bureau of the Census
periodic censuses and programs
For an additional amount for ``Periodic Censuses and
Programs'', $210,000,000, to remain available until expended,
for necessary expenses related to the 2010 Decennial Census:
Provided, That not less than $3,000,000 shall be transferred
to the ``Office of Inspector General'' at the Department of
Commerce for necessary expenses associated with oversight
activities of the 2010 Decennial Census: Provided further,
That $1,000,000 shall be used only for a reimbursable
agreement with the Defense Contract Management Agency to
provide continuing contract management oversight of the 2010
Decennial Census.
DEPARTMENT OF JUSTICE
United States Marshals Service
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$50,000,000, to remain available until September 30, 2009,
for the United States Marshals Service to implement and
enforce the Adam Walsh Child Protection and Safety Act
(Public Law 109-248) to track down and arrest non-compliant
sex offenders.
[[Page S4634]]
Federal Prison System
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$178,000,000, to remain available until September 30, 2008.
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for the Edward Byrne Memorial
Justice Assistance Grant program as authorized by subpart 1
of part E of title I of Omnibus Crime Control and Safe Street
Act of 1968 (``1968 Act''), (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
the 1968 Act, shall not apply for purposes of this Act),
$490,000,000, to remain available until September 30, 2008.
For an additional amount for ``State and Local Law
Enforcement Assistance'', $100,000,000 for competitive
grants, to remain available until expended, to provide
assistance and equipment to local law enforcement along the
Southern border and in High-Intensity Drug Trafficking Areas
to combat criminal narcotic activity stemming from the
Southern border, of which $10,000,000 shall be for the ATF
Project Gunrunner.
SCIENCE
National Aeronautics and Space Administration
RETURN TO FLIGHT
For necessary expenses, not otherwise provided for, in
carrying out return to flight activities associated with the
space shuttle and activities from which funds were
transferred to accommodate return to flight activities,
$200,000,000, to remain available until September 30, 2009
with such sums as determined by the Administrator of the
National Aeronautics and Space Administration as available
for transfer to and ``Science, Aeronautics, Exploration'',
and ``Exploration Capabilities'' for restoration of funds
previously reallocated to meet return to flight activities.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
For additional expenses in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), $150,000,000, to remain available until September 30,
2009.
EDUCATION AND HUMAN RESOURCES
For additional expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), $50,000,000, to
remain available until September 30, 2009.
GENERAL PROVISION--THIS CHAPTER
Sec. 2201. (a) Section 3008(a) of the Digital Television
Transition and Public Safety Act of 2005 is amended--
(1) by inserting ``(1) In General.--'' before ``The
Assistant Secretary''; and
(2) by adding at the end thereof the following:
``(2) Use of funds.--As soon as practicable after the date
of enactment of this Act, the Assistant Secretary shall make
a determination, which the Assistant Secretary may adjust
from time to time, with respect to whether the full amount
provided under paragraph (1) will be needed for payments
under that paragraph. If the Assistant Secretary determines
that the full amount will not be needed for payments
authorized by paragraph (1), the Assistant Secretary may use
the remaining amount for consumer education and technical
assistance regarding the digital television transition and
the availability of the digital-to-analog converter box
program (in addition to any amounts expended for such purpose
under 3005(c)(2)(A) of this title), including partnering
with, providing grants to, and contracting with non-profit
organizations or public interest groups in achieving these
efforts. If the Assistant Secretary initiates such an
education program, the Assistant Secretary shall develop a
plan to address the educational and technical assistance
needs of vulnerable populations, such as senior citizens,
individuals residing in rural and remote areas, and
minorities, including, where appropriate, education plans
focusing on the need for analog pass-through digital
converter boxes in areas served by low power or translator
stations, and shall consider the speed with which these
objectives can be accomplished to the greatest public
benefit.''.
(b) Section 3009(a) of the Deficit Reduction Act of 2005
(Public Law 109-171) is amended--
(1) by striking ``fiscal year 2009'' and inserting ``fiscal
years 2009 through 2012''; and
(2) by striking ``no earlier than October 1, 2010'' and
inserting ``on or after February 18, 2009''.
CHAPTER 3
DEPARTMENT OF ENERGY
Non-Defense Environmental Cleanup
For an additional amount for ``Non-Defense Environmental
Cleanup'', $5,000,000, to remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For an additional amount for ``Uranium Enrichment
Decontamination and Decommissioning Fund'', $52,000,000, to
remain available until expended.
Science
For an additional amount for ``Science'', $100,000,000, to
remain available until expended.
Environmental and Other Defense Activities
DEFENSE ENVIRONMENTAL CLEANUP
For an additional amount for ``Defense Environmental
Cleanup'', $243,000,000, to remain available until expended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2301. (a) Subject to subsection (b), the Secretary of
Energy shall continue the cooperative agreement numbered DE-
FC 26-06NT42073, as in effect on the date of enactment of
this Act, through March 30, 2009.
(b) During the period beginning on the date of enactment of
this Act and ending on March 30, 2009--
(1) the agreement described in subsection (a) may not be
terminated except by the mutual consent of the parties to the
agreement; and
(2) funds may be expended under the agreement only to
complete and provide information and documentation to the
Department of Energy.
Sec. 2302. Incentives for Additional Downblending of Highly
Enriched Uranium by the Russian Federation. The USEC
Privatization Act (42 U.S.C. 2297h et seq.) is amended--
(1) in section 3102, by striking ``For purposes'' and
inserting ``Except as provided in section 3112A, for
purposes'';
(2) in section 3112(a), by striking ``The Secretary'' and
inserting ``Except as provided in section 3112A(d), the
Secretary''; and
(3) by inserting after section 3112 the following:
``SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF
HIGHLY ENRICHED URANIUM BY THE RUSSIAN
FEDERATION.
``(a) Definitions.--In this section:
``(1) Completion of the russian heu agreement.--The term
`completion of the Russian HEU Agreement' means the
importation into the United States from the Russian
Federation pursuant to the Russian HEU Agreement of uranium
derived from the downblending of not less than 500 metric
tons of highly enriched uranium of weapons origin.
``(2) Downblending.--The term `downblending' means
processing highly enriched uranium into a uranium product in
any form in which the uranium contains less than 20 percent
uranium-235.
``(3) Highly enriched uranium.--The term `highly enriched
uranium' has the meaning given that term in section 3102(4).
``(4) Highly enriched uranium of weapons origin.--The term
`highly enriched uranium of weapons origin' means highly
enriched uranium that--
``(A) contains 90 percent or more uranium-235; and
``(B) is verified by the Secretary of Energy to be of
weapons origin.
``(5) Low-enriched uranium.--The term `low-enriched
uranium' means a uranium product in any form, including
uranium hexafluoride (UF<inf>6</inf>) and uranium oxide
(UO<inf>2</inf>), in which the uranium contains less than 20
percent uranium-235, without regard to whether the uranium is
incorporated into fuel rods or complete fuel assemblies.
``(6) Russian heu agreement.--The term `Russian HEU
Agreement' has the meaning given that term in section
3102(11).
``(7) Uranium-235.--The term `uranium-235' means the
isotope \235\U.
``(b) Statement of Policy.--It is the policy of the United
States to support the continued downblending of highly
enriched uranium of weapons origin in the Russian Federation
in order to protect the essential security interests of the
United States with respect to the nonproliferation of nuclear
weapons.
``(c) Promotion of Downblending of Russian Highly Enriched
Uranium.--
``(1) Incentives for the completion of the russian heu
agreement.--Prior to the completion of the Russian HEU
Agreement, the importation into the United States of low-
enriched uranium, including low-enriched uranium obtained
under contracts for separative work units, that is produced
in the Russian Federation and is not imported pursuant to the
Russian HEU Agreement may not exceed the following amounts:
``(A) In each of the calendar years 2008 and 2009, not more
than 22,500 kilograms.
``(B) In each of the calendar years 2010 and 2011, not more
than 45,000 kilograms.
``(C) In calendar year 2012 and each calendar year
thereafter through the calendar year of the completion of the
Russian HEU Agreement, not more than 67,500 kilograms.
``(2) Incentives to continue downblending russian highly
enriched uranium after the completion of the russian heu
agreement.--
``(A) In general.--In each calendar year beginning after
the calendar year of the completion of the Russian HEU
Agreement and before the termination date described in
paragraph (8), the importation into the United States of low-
enriched uranium, including low-enriched uranium obtained
under contracts for separative work units, that is produced
in the Russian Federation, whether or not such low-enriched
uranium is derived from highly enriched uranium of weapons
origin, may not exceed 400,000 kilograms.
``(B) Additional imports.--
``(i) In general.--In addition to the amount authorized to
be imported under subparagraph (A) and except as provided in
clause (ii), 20 kilograms of low-enriched uranium, whether or
not such low-enriched uranium is derived from highly enriched
uranium of weapons origin, may be imported for
[[Page S4635]]
every 3 kilograms of Russian highly enriched uranium of
weapons origin that was downblended in the preceding calendar
year, subject to the verification of the Secretary of Energy
under paragraph (10).
``(ii) Maximum annual imports.--Not more than 200,000
kilograms of low-enriched uranium may be imported in a
calendar year under clause (i).
``(3) Exception with respect to initial cores.--The import
limitations described in paragraphs (1) and (2) shall not
apply to low-enriched uranium produced in the Russian
Federation that is imported into the United States for use in
the initial core of a new nuclear reactor.
``(4) Annual adjustment.--
``(A) In general.--Beginning in the second calendar year
after the calendar year of the completion of the Russian HEU
Agreement, the Secretary of Energy shall increase or decrease
the amount of low-enriched uranium that may be imported in a
calendar year under paragraph (2) (including the amount of
low-enriched uranium that may be imported for each kilogram
of highly enriched uranium downblended under paragraph
(2)(B)(i)) by a percentage equal to the percentage increase
or decrease, as the case may be, in the average amount of
uranium loaded into nuclear power reactors in the United
States in the most recent 3-calendar-year period for which
data are available, as reported by the Energy Information
Administration of the Department of Energy, compared to the
average amount of uranium loaded into such reactors during
the 3-calendar-year period beginning on January 1, 2011, as
reported by the Energy Information Administration.
``(B) Publication of adjustments.--As soon as practicable,
but not later than July 31 of each calendar year, the
Secretary of Energy shall publish in the Federal Register the
amount of low-enriched uranium that may be imported in the
current calendar year after the adjustment under subparagraph
(A).
``(5) Authority for additional adjustment.--In addition to
the annual adjustment under paragraph (4), the Secretary of
Commerce may adjust the import limitations under paragraph
(2)(A) for a calendar year if the Secretary--
``(A) in consultation with the Secretary of Energy,
determines that the available supply of low-enriched uranium
from the Russian Federation and the available stockpiles of
uranium of the Department of Energy are insufficient to meet
demand in the United States in the following calendar year;
and
``(B) notifies Congress of the adjustment not less than 45
days before making the adjustment.
``(6) Equivalent quantities of low-enriched uranium
imports.--
``(A) In general.--The import limitations described in
paragraphs (1) and (2) are expressed in terms of uranium
containing 4.4 percent uranium-235 and a tails assay of 0.3
percent.
``(B) Adjustment for other uranium.--Imports of low-
enriched uranium under paragraphs (1) and (2) shall count
against the import limitations described in such paragraphs
in amounts calculated as the quantity of low-enriched uranium
containing 4.4 percent uranium-235 necessary to equal the
total amount of uranium-235 contained in such imports.
``(7) Downblending of other highly enriched uranium.--
``(A) In general.--The downblending of highly enriched
uranium not of weapons origin may be counted for purposes of
paragraph (2)(B) or (8)(B), subject to verification under
paragraph (10), if the Secretary of Energy determines that
the highly enriched uranium to be downblended poses a risk to
the national security of the United States.
``(B) Equivalent quantities of highly enriched uranium.--
For purposes of determining the additional low-enriched
uranium imports allowed under paragraph (2)(B) and for
purposes of paragraph (8)(B), highly enriched uranium not of
weapons origin downblended pursuant to subparagraph (A) shall
count as downblended highly enriched uranium of weapons
origin in amounts calculated as the quantity of highly
enriched uranium containing 90 percent uranium-235 necessary
to equal the total amount of uranium-235 contained in the
highly enriched uranium not of weapons origin downblended
pursuant to subparagraph (A).
``(8) Termination of import restrictions after downblending
of an additional 300 metric tons of highly enriched
uranium.--The provisions of this subsection shall terminate
on the later of--
``(A) December 31, 2020; or
``(B) the date on which the Secretary of Energy certifies
to Congress that, after the completion of the Russian HEU
Agreement, not less than an additional 300 metric tons of
Russian highly enriched uranium of weapons origin have been
downblended.
``(9) Special rule if importation under russian heu
agreement terminates early.--Notwithstanding any other
provision of law, no low-enriched uranium produced in the
Russian Federation that is not derived from highly enriched
uranium of weapons origin, including low-enriched uranium
obtained under contracts for separative work units, may be
imported into the United States if, before the completion of
the Russian HEU Agreement, the Secretary of Energy determines
that the Russian Federation has taken deliberate action to
disrupt or halt the importation into the United States of
low-enriched uranium under the Russian HEU Agreement.
``(10) Technical verifications by secretary of energy.--
``(A) In general.--The Secretary of Energy shall verify the
origin, quantity, and uranium-235 content of the highly
enriched uranium downblended for purposes of paragraphs
(2)(B), (7), and (8)(B).
``(B) Methods of verification.--In conducting the
verification required under subparagraph (A), the Secretary
of Energy shall employ the transparency measures provided for
in the Russian HEU Agreement for monitoring the downblending
of Russian highly enriched uranium of weapons origin and such
other methods as the Secretary determines appropriate.
``(11) Enforcement of import limitations.--The Secretary of
Commerce shall be responsible for enforcing the import
limitations imposed under this subsection and shall enforce
such import limitations in a manner that imposes a minimal
burden on the commercial nuclear industry.
``(12) Effect on other agreements.--
``(A) Russian heu agreement.--Nothing in this section shall
be construed to modify the terms of the Russian HEU
Agreement, including the provisions of the Agreement relating
to the amount of low-enriched uranium that may be imported
into the United States.
``(B) Other agreements.--If a provision of any agreement
between the United States and the Russian Federation, other
than the Russian HEU Agreement, relating to the importation
of low-enriched uranium into the United States conflicts with
a provision of this section, the provision of this section
shall supersede the provision of the agreement to the extent
of the conflict.
``(d) Downblending of Highly Enriched Uranium in the United
States.--The Secretary of Energy may sell uranium in the
jurisdiction of the Secretary, including downblended highly
enriched uranium, at fair market value to a licensed operator
of a nuclear reactor in the United States--
``(1) in the event of a disruption in the nuclear fuel
supply in the United States; or
``(2) after a determination of the Secretary under
subsection (c)(9) that the Russian Federation has taken
deliberate action to disrupt or halt the importation into the
United States of low-enriched uranium under the Russian HEU
Agreement.''.
CHAPTER 4
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2401. Veterans Business Resource Centers. There are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2008,
$600,000 for the ``Salaries and Expenses'' account of the
Small Business Administration, for grants in the amount of
$200,000 to veterans business resource centers that received
grants from the National Veterans Business Development
Corporation in fiscal years 2006 and 2007.
Sec. 2402. (a) In General.--Section 604(a)(5) of title 28,
United States Code, is amended by inserting after ``hold
office during good behavior,'' the following: ``bankruptcy
judges appointed under chapter 6 of title 28; territorial
district court judges appointed under section 24 of the
Organic Act of Guam (48 U.S.C. 1424b), section 1(b) of the
Act of November 8, 1977 (48 U.S.C. 1821), or section 24(a) of
the Revised Organic Act of the Virgin Islands (48 U.S.C.
1614(a)); bankruptcy judges retired under section 377 of
title 28; and judges retired under section 373 of title
28,''.
(b) Construction.--For purposes of construing and applying
chapter 87 of title 5, United States Code, including any
adjustment of insurance rates by regulation or otherwise, the
following categories of judicial officers shall be deemed to
be judges of the United States as described under section
8701 of title 5, United States Code:
(1) Bankruptcy judges appointed under chapter 6 of title
28, United States Code.
(2) Territorial district court judges appointed under
section 24 of the Organic Act of Guam (48 U.S.C. 1424b),
section 1(b) of the Act of November 8, 1977 (48 U.S.C. 1821),
or section 24(a) of the Revised Organic Act of the Virgin
Islands (48 U.S.C. 1614(a)).
(3) Bankruptcy judges retired under section 377 of title
28, United States Code.
(4) Judges retired under section 373 of title 28, United
States Code.
(c) Effective Date.--Subsection (b) and the amendment made
by subsection (a) shall apply with respect to any payment
made on or after the first day of the first applicable pay
period beginning on or after the date of enactment of Public
Law No. 110-177.
Sec. 2403. Life Insurance for Tax Court Judges Age 65 or
Over. (a) In General.--Section 7472 of the Internal Revenue
Code of 1986 is amended by inserting after the word
``imposed'' where it appears in the second sentence the
following phrase: ``after April 24, 1999, that is incurred''.
(b) Effective Date.--This amendment shall take effect as if
included in the amendment made by section 852 of the Pension
Protection Act of 2006.
CHAPTER 5
GENERAL PROVISION--THIS CHAPTER
Sec. 2501. Secure Rural Schools Act Amendment. (a) For
fiscal year 2008, payments shall be made from any revenues,
fees, penalties, or miscellaneous receipts described in
sections 102(b)(3) and 103(b)(2) of the Secure Rural Schools
and Community Self-Determination Act of 2000 (Public Law 106-
393; 16 U.S.C. 500 note), not to exceed
[[Page S4636]]
$100,000,000, and the payments shall be made, to the maximum
extent practicable, in the same amounts, for the same
purposes, and in the same manner as were made to States and
counties in 2006 under that Act.
(b) There is appropriated $400,000,000, to remain available
until December 31, 2008, to be used to cover any shortfall
for payments made under this section from funds not otherwise
appropriated.
(c) Titles II and III of Public Law 106-393 are amended,
effective September 30, 2006, by striking ``2007'' and
``2008'' each place they appear and inserting ``2008'' and
``2009'', respectively.
CHAPTER 6
DEPARTMENT OF LABOR
Employment and Training Administration
State Unemployment Insurance and Employment Service Operations
For an additional amount for ``State Unemployment Insurance
and Employment Service Operations'' for grants to the States
for the administration of State unemployment insurance,
$110,000,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund, to be used for unemployment insurance workloads
experienced by the States through September 30, 2008, which
shall be available for Federal obligation through December
31, 2008.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for ``Disease Control, Research,
and Training'', $26,000,000, for the prevention of and
response to medical errors including research, education and
outreach activities; of which no less than $5,000,000 shall
be for responding to outbreaks of communicable diseases
related to the re-use of syringes in outpatient clinics,
including reimbursement of local health departments for
testing and genetic sequencing of persons potentially
exposed.
National Institutes of Health
OFFICE OF THE DIRECTOR
(including transfer of funds)
For an additional amount for ``Office of the Director,
National Institutes of Health'', $400,000,000, which shall be
used to support additional scientific research in the
Institutes and Centers of the National Institutes of Health:
Provided, That these funds are to be transferred to the
Institutes and Centers on a pro-rata basis: Provided further,
That funds transferred shall be merged with and be available
for the same purposes and for the same time period as the
appropriation or fund to which transferred: Provided further,
That this transfer authority is in addition to any other
transfer authority available to the National Institutes of
Health: Provided further, That none of these funds are to be
transferred to the Buildings and Facilities appropriation,
the Center for Scientific Review, the Center for Information
Technology, the Clinical Center, the Global Fund for HIV/
AIDS, Tuberculosis and Malaria, and the Office of the
Director except for the NIH Common Fund within the Office of
the Director, which shall receive its pro-rata share of the
increase.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2601. (a) In addition to amounts otherwise made
available for fiscal year 2008, there are appropriated, out
of any money in the Treasury not otherwise appropriated--
(1) $500,000,000 for fiscal year 2008, for making payments
under subsections (a) through (d) of section 2604 of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623);
and
(2) $500,000,000 for fiscal year 2008, for making
allotments under section 2604(e) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8623(e)) that are
made in such a manner as to ensure that each State's
allotment percentage is the percentage the State would
receive of funds allotted under section 2604(a) of such Act
(42 U.S.C. 8623(a)), if the total amount appropriated for
fiscal year 2008 and available to carry out such section
2604(a) had been less than $1,975,000,000.
(b) Funds appropriated under subsection (a)(2), and funds
appropriated (but not obligated) prior to the date of
enactment of this Act for making payments under section
2604(e) of such Act (42 U.S.C. 8623(e)), shall be released to
States not later than 30 days after the date of enactment of
this Act.
Sec. 2602. Report on the Impact of Past and Future Minimum
Wage Increases. (a) In General.--Section 8104 of the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28;
121 Stat. 189) is amended to read as follows:
``SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM
WAGE INCREASES.
``(a) Study.--Beginning on the date that is 60 days after
the date of enactment of this Act, and every year thereafter
until the minimum wage in the respective territory is $7.25
per hour, the Government Accountability Office shall conduct
a study to--
``(1) assess the impact of the minimum wage increases that
occurred in American Samoa and the Commonwealth of the
Northern Mariana Islands in 2007 and 2008, as required under
Public Law 110-28, on the rates of employment and the living
standards of workers, with full consideration of the other
factors that impact rates of employment and the living
standards of workers such as inflation in the cost of food,
energy, and other commodities; and
``(2) estimate the impact of any further wage increases on
rates of employment and the living standards of workers in
American Samoa and the Commonwealth of the Northern Mariana
Islands, with full consideration of the other factors that
may impact the rates of employment and the living standards
of workers, including assessing how the profitability of
major private sector firms may be impacted by wage increases
in comparison to other factors such as energy costs and the
value of tax benefits.
``(b) Report.--No earlier than March 15, 2009, and not
later than April 15, 2009, the Government Accountability
Office shall transmit its first report to Congress concerning
the findings of the study required under subsection (a). The
Government Accountability Office shall transmit any
subsequent reports to Congress concerning the findings of a
study required by subsection (a) between March 15 and April
15 of each year.
``(c) Economic Information.--To provide sufficient economic
data for the conduct of the study under subsection (a)--
``(1) the Department of Labor shall include and separately
report on American Samoa and the Commonwealth of the Northern
Mariana Islands in its household surveys and establishment
surveys;
``(2) the Bureau of Economic Analysis of the Department of
Commerce shall include and separately report on American
Samoa and the Commonwealth of the Northern Mariana Islands in
its gross domestic product data; and
``(3) the Bureau of the Census of the Department of
Commerce shall include and separately report on American
Samoa and the Commonwealth of the Northern Mariana Islands in
its population estimates and demographic profiles from the
American Community Survey,
with the same regularity and to the same extent as the
Department or each Bureau collects and reports such data for
the 50 States. In the event that the inclusion of American
Samoa and the Commonwealth of the Northern Mariana Islands in
such surveys and data compilations requires time to structure
and implement, the Department of Labor, the Bureau of
Economic Analysis, and the Bureau of the Census (as the case
may be) shall in the interim annually report the best
available data that can feasibly be secured with respect to
such territories. Such interim reports shall describe the
steps the Department or the respective Bureau will take to
improve future data collection in the territories to achieve
comparability with the data collected in the United States.
The Department of Labor, the Bureau of Economic Analysis, and
the Bureau of the Census, together with the Department of the
Interior, shall coordinate their efforts to achieve such
improvements.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of enactment of this Act.
CHAPTER 7
RELATED AGENCY
American Battle Monuments Commission
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
For an additional amount for ``Foreign Currency
Fluctuations Account'', $10,000,000, to remain available
until expended, for purposes authorized by section 2109 of
title 36, United States Code.
CHAPTER 8
GENERAL PROVISIONS--THIS CHAPTER
Sec. 2801. Until January 1, 2009, an aircraft used by an
air carrier in the operation specified in section 47528(e)(3)
of title 49, United States Code, as of April 1, 2008, may
continue to be operated under the provisions of that section
by an air carrier that purchases or leases that aircraft
after April 1, 2008, for conduct of the same operation.
Operation of that aircraft under section 47528(e)(4) is
authorized for the same time period.
Sec. 2802. Title 49, United States Code, is amended--
(1) by striking ``August 31, 2008,'' in section 44302(f)(1)
and inserting ``August 31, 2009,'';
(2) by striking ``December 31, 2008,'' in section
44302(f)(1) and inserting ``December 31, 2009,''; and
(3) by striking ``December 31, 2008'' in section 44303(b)
and inserting ``December 31, 2009''.
TITLE III
HURRICANES KATRINA AND RITA, AND OTHER NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
EMERGENCY CONSERVATION PROGRAM
For the purposes of carrying out the Emergency Conservation
Program, there is hereby appropriated $49,413,000, to remain
available until expended.
Natural Resources Conservation Service
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ``Watershed and Flood
Prevention Operations'', for emergency recovery operations,
$130,464,000, to remain available until expended.
GENERAL PROVISION--THIS CHAPTER
(including rescission)
Sec. 3101. Of the funds made available in the second
paragraph under the heading ``Rural Utilities Service, Rural
Electrification and Telecommunications Loans Program
Account'' in chapter 1 of division B of
[[Page S4637]]
the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act, 2006 (Public Law 109-148; 119
Stat. 2746), the Secretary may use an amount not to exceed
$1,000,000 of remaining unobligated funds for the cost of
loan modifications to rural electric loans made or guaranteed
under the Rural Electrification Act of 1936, to respond to
damage caused by any weather related events since Hurricane
Katrina, to remain available until expended: Provided, That
$1,000,000 of the remaining unobligated funds under such
paragraph are rescinded.
CHAPTER 2
DEPARTMENT OF COMMERCE
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for economic development
assistance as provided by section 3082(a) of the Water
Resources Development Act of 2007 (Public Law 110-114),
$75,000,000, to remain available until September 30, 2009.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to economic
impacts associated with commercial fishery failures, fishery
resource disasters, and regulations on commercial fishing
industries, $75,000,000, to remain available until September
30, 2009.
DEPARTMENT OF JUSTICE
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For an additional amount for ``State and Local Law
Enforcement Assistance'', for discretionary grants authorized
by subpart 2 of part E, of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 as in effect on
September 30, 2006, notwithstanding the provisions of section
511 of said Act, $75,000,000, to remain available until
September 30, 2009: Provided, That the amount made available
under this heading shall be for local law enforcement
initiatives in the Gulf Coast region related to the aftermath
of Hurricane Katrina.
GENERAL PROVISION--THIS CHAPTER
Sec. 3201. Gulf of Mexico Designations. (a) Notwithstanding
any other provision of law, no funds made available under
this Act or any other Act for fiscal year 2008 or 2009 may be
used to establish a national monument or otherwise convey
protected status to any area in the marine environment of the
Exclusive Economic Zone of the United States under the Act of
June 8, 1906 (16 U.S.C. 431 et seq.).
(b) Not later than 180 days after the date of enactment of
this Act, the Secretary of Commerce may, as applicable, and
in compliance with all requirements under title III of the
National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.)
(including the procedures for designation and implementation
under section 304 of that Act (16 U.S.C. 1434)) with respect
to any proposed protected area, submit to Congress a study of
the proposed protected area.
CHAPTER 3
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
CONSTRUCTION
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, and for recovery from
other natural disasters $5,033,345,000, to remain available
until expended: Provided, That the Secretary of the Army is
directed to use $4,362,000,000 of the funds appropriated
under this heading to modify authorized projects in southeast
Louisiana to provide hurricane and storm damage reduction and
flood damage reduction in the greater New Orleans and
surrounding areas to provide the levels of protection
necessary to achieve the certification required for
participation in the National Flood Insurance Program under
the base flood elevations current at the time of this
construction; $1,657,000,000 shall be used for the Lake
Pontchartrain and Vicinity; $1,415,000,000 shall be used for
the West Bank and Vicinity project; and $1,290,000,000 shall
be for elements of the Southeast Louisiana Urban Drainage
project, that are within the geographic perimeter of the West
Bank and Vicinity and Lake Pontchartrain and Vicinity
projects to provide for interior drainage of runoff from
rainfall with a 10 percent annual exceedance probability:
Provided further, That none of this $4,362,000,000 shall
become available for obligation until October 1, 2008:
Provided further, That non-Federal cost allocations for these
projects shall be consistent with the cost-sharing provisions
under which the projects were originally constructed:
Provided further, That the $1,315,000,000 non-Federal cost
share for these projects shall be repaid in accordance with
provisions of section 103(k) of Public Law 99-662 over a
period of 30 years: Provided further, That the expenditure of
funds as provided above may be made without regard to
individual amounts or purposes except that any reallocation
of funds that are necessary to accomplish the established
goals are authorized, subject to the approval of the House
and Senate Committees on Appropriations: Provided further,
That the Secretary of the Army is directed to use
$604,745,000 of the funds appropriated under this heading to
provide hurricane and storm damage reduction, flood damage
reduction and ecosystem restoration along the Gulf Coast of
Mississippi and surrounding areas generally as described in
the Mobile District Engineer's Mississippi Coastal
Improvements Program Comprehensive Plan Report; $173,615,000
shall be used for ecosystem restoration projects; $4,550,000
shall be used for the Moss Point Municipal Relocation
project; $5,000,000 shall be used for the Waveland
Floodproofing project; $150,000 shall be used for the
Mississippi Sound Sub Aquatic Vegetation project; $15,430,000
shall be used for the Coast-wide Dune Restoration project;
$397,000,000 shall be used for the Homeowners Assistance and
Relocation project; and $9,000,000 shall be used for the
Forrest Heights Hurricane and Storm Damage Reduction project:
Provided further, That none of this $604,745,000 shall become
available for obligation until October 1, 2008: Provided
further, That these projects shall be initiated only after
non-Federal interests have entered into binding agreements
with the Secretary requiring the non-Federal interests to pay
100 percent of the operation, maintenance, repair,
replacement, and rehabilitation costs of the project and to
hold and save the United States free from damages due to the
construction or operation and maintenance of the project,
except for damages due to the fault or negligence of the
United States or its contractors: Provided further, That the
$211,661,000 non-Federal cost share for these projects shall
be repaid in accordance with the provisions of section 103(k)
of Public Law 99-662 over a period of 30 years: Provided
further, That the expenditure of funds as provided above may
be made without regard to individual amounts or purposes
except that any reallocation of funds that are necessary to
accomplish the established goals are authorized, subject to
the approval of the House and Senate Committees on
Appropriations: Provided further, That the Secretary of the
Army is directed to use $66,600,000 of the funds appropriated
under this heading to address emergency situations at Corps
of Engineers projects and rehabilitate and repair damages to
Corps projects caused by recent natural disasters: Provided
further, That the Chief of Engineers, acting through the
Assistant Secretary of the Army for Civil Works, shall
provide a monthly report to the House and Senate Committees
on Appropriations detailing the allocation and obligation of
these funds, beginning not later than 60 days after enactment
of this Act.
MISSISSIPPI RIVER AND TRIBUTARIES
For an additional amount for ``Mississippi River and
Tributaries'' for recovery from natural disasters,
$17,700,000, to remain available until expended to repair
damages to Federal projects caused by recent natural
disasters.
OPERATIONS AND MAINTENANCE
For an additional amount for ``Operations and Maintenance''
to dredge navigation channels and repair other Corps projects
related to natural disasters, $338,800,000, to remain
available until expended: Provided, That the Chief of
Engineers, acting through the Assistant Secretary of the Army
for Civil Works, shall provide a monthly report to the House
and Senate Committees on Appropriations detailing the
allocation and obligation of these funds, beginning not later
than 60 days after enactment of this Act.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses
relating to the consequences of Hurricane Katrina and other
hurricanes, and for recovery from other natural disasters,
$3,368,400,000, to remain available until expended: Provided,
That the Secretary of the Army is directed to use
$2,926,000,000 of the funds appropriated under this heading
to modify, at full Federal expense, authorized projects in
southeast Louisiana to provide hurricane and storm damage
reduction and flood damage reduction in the greater New
Orleans and surrounding areas; $704,000,000 shall be used to
modify the 17th Street, Orleans Avenue, and London Avenue
drainage canals and install pumps and closure structures at
or near the lakefront; $90,000,000 shall be used for storm-
proofing interior pump stations to ensure the operability of
the stations during hurricanes, storms, and high water
events; $459,000,000 shall be used for armoring critical
elements of the New Orleans hurricane and storm damage
reduction system; $53,000,000 shall be used to improve
protection at the Inner Harbor Navigation Canal; $456,000,000
shall be used to replace or modify certain non-Federal levees
in Plaquemines Parish to incorporate the levees into the
existing New Orleans to Venice hurricane protection project;
$412,000,000 shall be used for reinforcing or replacing flood
walls, as necessary, in the existing Lake Pontchartrain and
Vicinity project and the existing West Bank and Vicinity
project to improve the performance of the systems;
$393,000,000 shall be used for repair and restoration of
authorized protections and floodwalls; $359,000,000 shall be
to complete the authorized protection for the Lake
Ponchartrain and Vicinity Project and for the West Bank and
Vicinity Project: Provided further, That none of this
$2,926,000,000 shall become available for obligation until
October 1, 2008: Provided further, That any project using
funds appropriated under this heading shall be initiated only
[[Page S4638]]
after non-Federal interests have entered into binding
agreements with the Secretary requiring the non-Federal
interests to pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs of the project
and to hold and save the United States free from damages due
to the construction or operation and maintenance of the
project, except for damages due to the fault or negligence of
the United States or its contractors: Provided further, That
the Secretary of the Army, within available funds, is
directed to continue the NEPA alternative evaluation of all
options with particular attention to Options 1, 2 and 2a of
the report to Congress, dated August 30, 2007, provided in
response to the requirements of chapter 3, section 4303 of
Public Law 110-28, and within 90 days of enactment of this
Act provide the House and Senate Committees on Appropriations
cost estimates to implement Options 1, 2 and 2a of the above
cited report: Provided further, That the expenditure of funds
as provided above may be made without regard to individual
amounts or purposes except that any reallocation of funds
that are necessary to accomplish the established goals are
authorized, subject to the approval of the House and Senate
Committees on Appropriations: Provided further, That
$348,000,000 of the amount provided under this heading shall
be used for barrier island restoration and ecosystem
restoration to restore historic levels of storm damage
reduction to the Mississippi Gulf Coast: Provided further,
That none of this $348,000,000 shall become available for
obligation until October 1, 2008: Provided further, That this
work shall be carried out at full Federal expense: Provided
further, That the Secretary of the Army is directed to use
$94,400,000 of the funds appropriated under this heading to
support emergency operations, to repair eligible projects
nationwide, and for other activities in response to recent
natural disasters: Provided further, That the Chief of
Engineers, acting through the Assistant Secretary of the Army
for Civil Works, shall provide a monthly report to the House
and Senate Committees on Appropriations detailing the
allocation and obligation of these funds, beginning not later
than 60 days after enactment of this Act.
GENERAL EXPENSES
For an additional amount for ``General Expenses'' for
increased efforts by the Mississippi Valley Division to
oversee emergency response and recovery activities related to
the consequences of hurricanes in the Gulf of Mexico in 2005,
$1,500,000, to remain available until expended.
CHAPTER 4
GENERAL PROVISION--THIS CHAPTER
Sec. 3401. (a) Extension of Participation Term for Victims
of Hurricane Katrina.--
(1) Retroactivity.--If a small business concern, while
participating in any program or activity under the authority
of paragraph (10) of section 7(j) of the Small Business Act
(15 U.S.C. 636(j)), was located in a parish or county
described in paragraph (2) and was affected by Hurricane
Katrina of 2005, the period during which that small business
concern is permitted continuing participation and eligibility
in such program or activity shall be extended for an
additional 24 months.
(2) Parishes and counties covered.--Paragraph (1) applies
to any parish in the State of Louisiana, or any county in the
State of Mississippi or in the State of Alabama, that has
been designated by the Administrator as a disaster area by
reason of Hurricane Katrina of 2005 under disaster
declaration 10176, 10177, 10178, 10179, 10180, or 10181.
(3) Review and compliance.--The Administrator shall ensure
that the eligibility for continuing participation by each
small business concern that was participating in a program or
activity covered by paragraph (1) before the date of
enactment of this Act is reviewed and brought into compliance
with this subsection.
(b) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration; and
(2) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632).
CHAPTER 5
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3501. Notwithstanding any other provision of law, and
not later than 30 days after the date of submission of a
request for a single payment, the Federal Emergency
Management Agency shall provide a single payment for any
eligible costs under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act for any police
station, fire station, or criminal justice facility that was
damaged by Hurricane Katrina of 2005 or Hurricane Rita of
2005: Provided, That nothing in this section may be construed
to alter the appeal or review process relating to assistance
provided under section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act: Provided further, That
the Federal Emergency Management Agency shall not reduce the
amount of assistance provided under section 406(c)(1) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act for such facilities.
Sec. 3502. Until such time as the updating of flood
insurance rate maps under section 19 of the Flood
Modernization Act of 2007 is completed (as determined by the
district engineer) for all areas located in the St. Louis
District of the Mississippi Valley Division of the Corps of
Engineers, the Administrator of the Federal Emergency
Management Agency shall not adjust the chargeable premium
rate for flood insurance under this section for any type or
class of property located in an area in that District nor
require the purchase of flood insurance for any type or class
of property located in an area in that District not subject
to such purchase requirement prior to the updating of such
national flood insurance program rate map: Provided, That for
purposes of this section, the term ``area'' does not include
any area (or subdivision thereof) that has chosen not to
participate in the flood insurance program under this section
as of the date of enactment of this Act.
CHAPTER 6
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Wildland Fire Management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$125,000,000, to remain available until expended, of which
$100,000,000 is for emergency wildland fire suppression
activities, and of which $25,000,000 is for rehabilitation
and restoration of Federal lands: Provided, That emergency
wildland fire suppression funds are also available for
repayment to other appropriations accounts from which funds
were transferred for wildfire suppression.
National Park Service
Historic Preservation Fund
For an additional amount for the ``Historic Preservation
Fund'', for expenses related to the consequences of Hurricane
Katrina, $15,000,000, to remain available until expended:
Provided, That the funds provided under this heading shall be
provided to the Louisiana State Historic Preservation
Officer, after consultation with the National Park Service,
for grants for restoration and rehabilitation at Jackson
Barracks: Provided further, That no more than 5 percent of
funds provided under this heading for disaster relief grants
may be used for administrative expenses.
ENVIRONMENTAL PROTECTION AGENCY
State and Tribal Assistance Grants
For an additional amount for ``State and Tribal Assistance
Grants'', for expenses related to the consequences of
Hurricane Katrina, $5,000,000, to remain available until
expended, for a grant to Cameron Parish, Louisiana, for
construction of drinking water, wastewater and storm water
infrastructure and for water quality protection: Provided,
That for purposes of this grant, the grantee shall contribute
not less than 45 percent of the cost of the project unless
the grantee is approved for a waiver by the Agency.
DEPARTMENT OF AGRICULTURE
Forest Service
Wildland Fire Management
(including transfers of funds)
For an additional amount for ``Wildland Fire Management'',
$325,000,000, to remain available until expended, of which
$250,000,000 shall be available for emergency wildfire
suppression, and of which $75,000,000 shall be available for
rehabilitation and restoration of Federal lands and may be
transferred to other Forest Service accounts as necessary:
Provided, That emergency wildfire suppression funds are also
available for repayment to other appropriations accounts from
which funds were transferred for wildfire suppression.
GENERAL PROVISION--THIS CHAPTER
Sec. 3601. Funds appropriated in section 132 of division F,
Public Law 110-161, shall not be subject to 49 CFR Part 24 or
Departmental policies issues pursuant to such regulations.
CHAPTER 7
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare and Medicaid Services
For grants to States, consistent with section 6201(a)(4) of
the Deficit Reduction Act of 2005, to make payments as
defined by the Secretary in the methodology used for the
Provider Stabilization grants to those Medicare participating
general acute care hospitals, as defined in section 1886(d)
of the Social Security Act, and currently operating in
Jackson, Forrest, Hancock, and Harrison Counties of
Mississippi and Orleans and Jefferson Parishes of Louisiana
which continue to experience severe financial exigencies and
other economic losses attributable to Hurricane Katrina or
its subsequent flooding, and are in need of supplemental
funding to relieve the financial pressures these hospitals
face resulting from increased wage rates in hiring and
retaining staff in order to stabilize access to patient care,
$350,000,000, to be made available until September 30, 2010.
CHAPTER 8
MILITARY CONSTRUCTION
Military Construction, Army National Guard
(INCLUDING RESCISSION OF FUNDS)
For an additional amount for ``Military Construction, Army
National Guard'', $11,503,000, to remain available until
September 30, 2012: Provided, That such funds may be
obligated or expended for planning and design and military
construction projects not otherwise authorized by law:
Provided further, That of the funds appropriated for
``Military Construction, Army National Guard'' under Public
Law 109-234, $7,000,000 are hereby rescinded.
[[Page S4639]]
GENERAL PROVISION--THIS CHAPTER
Sec. 3801. Within the funds available in the Department of
Defense Family Housing Improvement Fund as credited in
accordance with 10 U.S.C. 2883(c), $10,500,000 shall be
available for use at the Naval Construction Battalion Center,
Gulfport, Mississippi, under the terms and conditions
specified by 10 U.S.C. 2883, to remain available until
expended.
CHAPTER 9
DEPARTMENT OF TRANSPORTATION
Federal-aid Highways
EMERGENCY RELIEF PROGRAM
For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, for eligible disasters occurring in fiscal years 2005
to the present, $451,126,383, to remain available until
expended.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Permanent Supportive Housing
For the provision of permanent supportive housing units as
identified in the plan of the Louisiana Recovery Authority
and approved by the Secretary of Housing and Urban
Development, $73,000,000 to remain available until expended,
of which not less than $20,000,000 shall be for project-based
vouchers under section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(13)), not less than
$50,000,000 shall be for grants under the Shelter Plus Care
Program as authorized under subtitle F of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11403 et
seq.), and not more than $3,000,000 shall be for related
administrative expenses of the State of Louisiana or its
designee or designees: Provided, That the Secretary of
Housing and Urban Development shall, upon request, make funds
available under this paragraph to the State of Louisiana or
its designee or designees: Provided further, That
notwithstanding any other provision of law, for the purpose
of administering the amounts provided under this paragraph,
the State of Louisiana or its designee or designees may act
in all respects as a public housing agency as defined in
section 3(b)(6) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(6)): Provided further, That subparagraphs (B)
and (D) of section 8(o)(13) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(13)) shall not apply with respect
to vouchers made available under this paragraph.
Project-based Rental Assistance
For an additional amount to areas impacted by Hurricane
Katrina in the State of Mississippi for project-based
vouchers under section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)13)), $20,000,000, to remain
available until expended.
Housing Transition Assistance
For an additional amount to the State of Louisiana for case
management and housing transition services for families in
areas impacted by Hurricanes Katrina and Rita of 2005,
$3,000,000, to remain available until expended.
Community Development Fund
For an additional amount for the ``Community development
fund'' for necessary expenses related to any uncompensated
housing damage directly related to the consequences of
Hurricane Katrina in the State of Alabama, $50,000,000, to
remain available until expended: Provided, That prior to the
obligation of funds the State shall submit a plan to the
Secretary detailing the proposed use of all funds, including
criteria for eligibility and how the use of these funds will
address uncompensated housing damage: Provided further, That
such funds may not be used for activities reimbursable by or
for which funds are made available by the Federal Emergency
Management Agency: Provided further, That the State may use
up to 5 percent of its allocation for administrative costs:
Provided further, That in administering the funds under this
paragraph, the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for, any provision
of any statute or regulation that the Secretary administers
in connection with the obligation by the Secretary or the use
by the recipient of these funds or guarantees (except for
requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a request by the
State that such waiver is required to facilitate the use of
such funds or guarantees, and a finding by the Secretary that
such waiver would not be inconsistent with the overall
purpose of the statute: Provided further, That the Secretary
may waive the requirement that activities benefit persons of
low and moderate income, except that at least 50 percent of
the funds made available under this heading must benefit
primarily persons of low and moderate income unless the
Secretary otherwise makes a finding of compelling need:
Provided further, That the Secretary shall publish in the
Federal Register any waiver of any statute or regulation that
the Secretary administers pursuant to title I of the Housing
and Community Development Act of 1974 no later than 5 days
before the effective date of such waiver.
(RESCISSION)
Of the unobligated balances remaining from funds
appropriated under this heading by section 159 of Public Law
110-116 for the Louisiana Road Home program, $200,000,000 are
rescinded.
TITLE IV--VETERANS EDUCATIONAL ASSISTANCE
SEC. 4001. SHORT TITLE.
This title may be cited as the ``Post-9/11 Veterans
Educational Assistance Act of 2008''.
SEC. 4002. FINDINGS.
Congress makes the following findings:
(1) On September 11, 2001, terrorists attacked the United
States, and the brave members of the Armed Forces of the
United States were called to the defense of the Nation.
(2) Service on active duty in the Armed Forces has been
especially arduous for the members of the Armed Forces since
September 11, 2001.
(3) The United States has a proud history of offering
educational assistance to millions of veterans, as
demonstrated by the many ``G.I. Bills'' enacted since World
War II. Educational assistance for veterans helps reduce the
costs of war, assist veterans in readjusting to civilian life
after wartime service, and boost the United States economy,
and has a positive effect on recruitment for the Armed
Forces.
(4) The current educational assistance program for veterans
is outmoded and designed for peacetime service in the Armed
Forces.
(5) The people of the United States greatly value military
service and recognize the difficult challenges involved in
readjusting to civilian life after wartime service in the
Armed Forces.
(6) It is in the national interest for the United States to
provide veterans who serve on active duty in the Armed Forces
after September 11, 2001, with enhanced educational
assistance benefits that are worthy of such service and are
commensurate with the educational assistance benefits
provided by a grateful Nation to veterans of World War II.
SEC. 4003. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED
FORCES WHO SERVE AFTER SEPTEMBER 11, 2001.
(a) Educational Assistance Authorized.--
(1) In general.--Part III of title 38, United States Code,
is amended by inserting after chapter 32 the following new
chapter:
``CHAPTER 33--POST-9/11 EDUCATIONAL ASSISTANCE
``subchapter i--definitions
``Sec.
``3301. Definitions.
``subchapter ii--educational assistance
``3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001: entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: amount; payment.
``3314. Tutorial assistance.
``3315. Licensure and certification tests.
``3316. Supplemental educational assistance: members with critical
skills or specialty; members serving additional service.
``3317. Public-private contributions for additional educational
assistance.
``3318. Additional assistance: relocation or travel assistance for
individual relocating or traveling significant distance
for pursuit of a program of education.
``subchapter iii--administrative provisions
``3321. Time limitation for use of and eligibility for entitlement.
``3322. Bar to duplication of educational assistance benefits.
``3323. Administration.
``3324. Allocation of administration and costs.
``SUBCHAPTER I--DEFINITIONS
``Sec. 3301. Definitions
``In this chapter:
``(1) The term `active duty' has the meanings as follows
(subject to the limitations specified in sections 3002(6) and
3311(b) of this title):
``(A) In the case of members of the regular components of
the Armed Forces, the meaning given such term in section
101(21)(A) of this title.
``(B) In the case of members of the reserve components of
the Armed Forces, service on active duty under a call or
order to active duty under section 688, 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10.
``(2) The term `entry level and skill training' means the
following:
``(A) In the case of members of the Army, Basic Combat
Training and Advanced Individual Training.
``(B) In the case of members of the Navy, Recruit Training
(or Boot Camp) and Skill Training (or so-called `A' School).
``(C) In the case of members of the Air Force, Basic
Military Training and Technical Training.
``(D) In the case of members of the Marine Corps, Recruit
Training and Marine Corps Training (or School of Infantry
Training).
``(E) In the case of members of the Coast Guard, Basic
Training.
``(3) The term `program of education' has the meaning the
meaning given such term in section 3002 of this title, except
to the extent otherwise provided in section 3313 of this
title.
``(4) The term `Secretary of Defense' has the meaning given
such term in section 3002 of this title.
[[Page S4640]]
``SUBCHAPTER II--EDUCATIONAL ASSISTANCE
``Sec. 3311. Educational assistance for service in the Armed
Forces commencing on or after September 11, 2001:
entitlement
``(a) Entitlement.--Subject to subsections (d) and (e),
each individual described in subsection (b) is entitled to
educational assistance under this chapter.
``(b) Covered Individuals.--An individual described in this
subsection is any individual as follows:
``(1) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 36 months on active duty in the Armed
Forces (including service on active duty in entry level and
skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty; or
``(ii) is discharged or released from active duty as
described in subsection (c).
``(2) An individual who--
``(A) commencing on or after September 11, 2001, serves at
least 30 continuous days on active duty in the Armed Forces;
and
``(B) after completion of service described in subparagraph
(A), is discharged or released from active duty in the Armed
Forces for a service-connected disability.
``(3) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 30 months, but less than 36 months, on
active duty in the Armed Forces (including service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 36 months; or
``(ii) before completion of service on active duty of an
aggregate of 36 months, is discharged or released from active
duty as described in subsection (c).
``(4) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 24 months, but less than 30 months, on
active duty in the Armed Forces (including service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 30 months; or
``(ii) before completion of service on active duty of an
aggregate of 30 months, is discharged or released from active
duty as described in subsection (c).
``(5) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 18 months, but less than 24 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 24 months; or
``(ii) before completion of service on active duty of an
aggregate of 24 months, is discharged or released from active
duty as described in subsection (c).
``(6) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 12 months, but less than 18 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 18 months; or
``(ii) before completion of service on active duty of an
aggregate of 18 months, is discharged or released from active
duty as described in subsection (c).
``(7) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 6 months, but less than 12 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 12 months; or
``(ii) before completion of service on active duty of an
aggregate of 12 months, is discharged or released from active
duty as described in subsection (c).
``(8) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 90 days, but less than 6 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 6 months; or
``(ii) before completion of service on active duty of an
aggregate of 6 months, is discharged or released from active
duty as described in subsection (c).
``(c) Covered Discharges and Releases.--A discharge or
release from active duty of an individual described in this
subsection is a discharge or release as follows:
``(1) A discharge from active duty in the Armed Forces with
an honorable discharge.
``(2) A release after service on active duty in the Armed
Forces characterized by the Secretary concerned as honorable
service and placement on the retired list, transfer to the
Fleet Reserve or Fleet Marine Corps Reserve, or placement on
the temporary disability retired list.
``(3) A release from active duty in the Armed Forces for
further service in a reserve component of the Armed Forces
after service on active duty characterized by the Secretary
concerned as honorable service.
``(4) A discharge or release from active duty in the Armed
Forces for--
``(A) a medical condition which preexisted the service of
the individual as described in the applicable paragraph of
subsection (b) and which the Secretary determines is not
service-connected;
``(B) hardship; or
``(C) a physical or mental condition that was not
characterized as a disability and did not result from the
individual's own willful misconduct but did interfere with
the individual's performance of duty, as determined by the
Secretary concerned in accordance with regulations prescribed
by the Secretary of Defense.
``(d) Prohibition on Treatment of Certain Service as Period
of Active Duty.--The following periods of service shall not
be considered a part of the period of active duty on which an
individual's entitlement to educational assistance under this
chapter is based:
``(1) A period of service on active duty of an officer
pursuant to an agreement under section 2107(b) of title 10.
``(2) A period of service on active duty of an officer
pursuant to an agreement under section 4348, 6959, or 9348 of
title 10.
``(3) A period of service that is terminated because of a
defective enlistment and induction based on--
``(A) the individual's being a minor for purposes of
service in the Armed Forces;
``(B) an erroneous enlistment or induction; or
``(C) a defective enlistment agreement.
``(e) Treatment of Individuals Entitled Under Multiple
Provisions.--In the event an individual entitled to
educational assistance under this chapter is entitled by
reason of both paragraphs (4) and (5) of subsection (b), the
individual shall be treated as being entitled to educational
assistance under this chapter by reason of paragraph (5) of
such subsection.
``Sec. 3312. Educational assistance: duration
``(a) In General.--Subject to section 3695 of this title
and except as provided in subsections (b) and (c), an
individual entitled to educational assistance under this
chapter is entitled to a number of months of educational
assistance under section 3313 of this title equal to 36
months.
``(b) Continuing Receipt.--The receipt of educational
assistance under section 3313 of this title by an individual
entitled to educational assistance under this chapter is
subject to the provisions of section 3321(b)(2) of this
title.
``(c) Discontinuation of Education for Active Duty.--(1)
Any payment of educational assistance described in paragraph
(2) shall not--
``(A) be charged against any entitlement to educational
assistance of the individual concerned under this chapter; or
``(B) be counted against the aggregate period for which
section 3695 of this title limits the individual's receipt of
educational assistance under this chapter.
``(2) Subject to paragraph (3), the payment of educational
assistance described in this paragraph is the payment of such
assistance to an individual for pursuit of a course or
courses under this chapter if the Secretary finds that the
individual--
``(A)(i) in the case of an individual not serving on active
duty, had to discontinue such course pursuit as a result of
being called or ordered to serve on active duty under section
688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title
10; or
``(ii) in the case of an individual serving on active duty,
had to discontinue such course pursuit as a result of being
ordered to a new duty location or assignment or to perform an
increased amount of work; and
``(B) failed to receive credit or lost training time toward
completion of the individual's approved education,
professional, or vocational objective as a result of having
to discontinue, as described in subparagraph (A), the
individual's course pursuit.
``(3) The period for which, by reason of this subsection,
educational assistance is not charged against entitlement or
counted toward the applicable aggregate period under section
3695 of this title shall not exceed the portion of the period
of enrollment in the course or courses from which the
individual failed to receive credit or with respect to which
the individual lost training time, as determined under
paragraph (2)(B).
``Sec. 3313. Educational assistance: amount; payment
``(a) Payment.--The Secretary shall pay to each individual
entitled to educational assistance under this chapter who is
pursuing an approved program of education (other than a
program covered by subsections (e) and (f)) the amounts
specified in subsection (c) to meet the expenses of such
individual's subsistence, tuition, fees, and other
educational costs for pursuit of such program of education.
``(b) Approved Programs of Education.--A program of
education is an approved program of education for purposes of
this chapter if the program of education is offered by an
institution of higher learning (as that term is defined in
section 3452(f) of this title) and is approved for purposes
of chapter 30 of this title (including approval by the State
approving agency concerned).
[[Page S4641]]
``(c) Amount of Educational Assistance.--The amounts
payable under this subsection for pursuit of an approved
program of education are amounts as follows:
``(1) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(1)
or 3311(b)(2) of this title, amounts as follows:
``(A) An amount equal to the established charges for the
program of education, except that the amount payable under
this subparagraph may not exceed the maximum amount of
established charges regularly charged in-State students for
full-time pursuit of approved programs of education for
undergraduates by the public institution of higher education
offering approved programs of education for undergraduates in
the State in which the individual is enrolled that has the
highest rate of regularly-charged established charges for
such programs of education among all public institutions of
higher education in such State offering such programs of
education.
``(B) A monthly stipend in an amount as follows:
``(i) For each month the individual pursues the program of
education, other than a program of education offered through
distance learning, a monthly housing stipend amount equal to
the monthly amount of the basic allowance for housing payable
under section 403 of title 37 for a member with dependents in
pay grade E-5 residing in the military housing area that
encompasses all or the majority portion of the ZIP code area
in which is located the institution of higher education at
which the individual is enrolled.
``(ii) For the first month of each quarter, semester, or
term, as applicable, of the program of education pursued by
the individual, a lump sum amount for books, supplies,
equipment, and other educational costs with respect to such
quarter, semester, or term in the amount equal to--
``(I) $1,000, multiplied by
``(II) the fraction which is the portion of a complete
academic year under the program of education that such
quarter, semester, or term constitutes.
``(2) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(3)
of this title, amounts equal to 90 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(3) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(4)
of this title, amounts equal to 80 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(4) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(5)
of this title, amounts equal to 70 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(5) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(6)
of this title, amounts equal to 60 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(6) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(7)
of this title, amounts equal to 50 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(7) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(8)
of this title, amounts equal to 40 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(d) Frequency of Payment.--(1) Payment of the amounts
payable under subsection (c)(1)(A), and of similar amounts
payable under paragraphs (2) through (7) of subsection (c),
for pursuit of a program of education shall be made for the
entire quarter, semester, or term, as applicable, of the
program of education.
``(2) Payment of the amount payable under subsection
(c)(1)(B), and of similar amounts payable under paragraphs
(2) through (7) of subsection (c), for pursuit of a program
of education shall be made on a monthly basis.
``(3) The Secretary shall prescribe in regulations methods
for determining the number of months (including fractions
thereof) of entitlement of an individual to educational
assistance this chapter that are chargeable under this
chapter for an advance payment of amounts under paragraphs
(1) and (2) for pursuit of a program of education on a
quarter, semester, term, or other basis.
``(e) Programs of Education Pursued on Active Duty.--(1)
Educational assistance is payable under this chapter for
pursuit of an approved program of education while on active
duty.
``(2) The amount of educational assistance payable under
this chapter to an individual pursuing a program of education
while on active duty is the lesser of--
``(A) the established charges which similarly circumstanced
nonveterans enrolled in the program of education involved
would be required to pay; or
``(B) the amount of the charges of the educational
institution as elected by the individual in the manner
specified in section 3014(b)(1) of this title.
``(3) Payment of the amount payable under paragraph (2) for
pursuit of a program of education shall be made for the
entire quarter, semester, or term, as applicable, of the
program of education.
``(4) For each month (as determined pursuant to the methods
prescribed under subsection (d)(3)) for which amounts are
paid an individual under this subsection, the entitlement of
the individual to educational assistance under this chapter
shall be charged at the rate of one month for each such
month.
``(f) Programs of Education Pursued on Half-Time Basis or
Less.--(1) Educational assistance is payable under this
chapter for pursuit of an approved program of education on
half-time basis or less.
``(2) The educational assistance payable under this chapter
to an individual pursuing a program of education on half-time
basis or less is the amounts as follows:
``(A) The amount equal to the lesser of--
``(i) the established charges which similarly circumstanced
nonveterans enrolled in the program of education involved
would be required to pay; or
``(ii) the maximum amount that would be payable to the
individual for the program of education under paragraph
(1)(A) of subsection (c), or under the provisions of
paragraphs (2) through (7) of subsection (c) applicable to
the individual, for the program of education if the
individual were entitled to amounts for the program of
education under subsection (c) rather than this subsection.
``(B) A stipend in an amount equal to the amount of the
appropriately reduced amount of the lump sum amount for
books, supplies, equipment, and other educational costs
otherwise payable to the individual under subsection (c).
``(3) Payment of the amounts payable to an individual under
paragraph (2) for pursuit of a program of education on half-
time basis or less shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
``(4) For each month (as determined pursuant to the methods
prescribed under subsection (d)(3)) for which amounts are
paid an individual under this subsection, the entitlement of
the individual to educational assistance under this chapter
shall be charged at a percentage of a month equal to--
``(A) the number of course hours borne by the individual in
pursuit of the program of education involved, divided by
``(B) the number of course hours for full-time pursuit of
such program of education.
``(g) Payment of Established Charges to Educational
Institutions.--Amounts payable under subsections (c)(1)(A)
(and of similar amounts payable under paragraphs (2) through
(7) of subsection (c)), (e)(2) and (f)(2)(A) shall be paid
directly to the educational institution concerned.
``(h) Established Charges Defined.--(1) In this section,
the term `established charges', in the case of a program of
education, means the actual charges (as determined pursuant
to regulations prescribed by the Secretary) for tuition and
fees which similarly circumstanced nonveterans enrolled in
the program of education would be required to pay.
``(2) Established charges shall be determined for purposes
of this subsection on the following basis:
``(A) In the case of an individual enrolled in a program of
education offered on a term, quarter, or semester basis, the
tuition and fees charged the individual for the term,
quarter, or semester.
``(B) In the case of an individual enrolled in a program of
education not offered on a term, quarter, or semester basis,
the tuition and fees charged the individual for the entire
program of education.
``Sec. 3314. Tutorial assistance
``(a) In General.--Subject to subsection (b), an individual
entitled to educational assistance under this chapter shall
also be entitled to benefits provided an eligible veteran
under section 3492 of this title.
``(b) Conditions.--(1) The provision of benefits under
subsection (a) shall be subject to the conditions applicable
to an eligible veteran under section 3492 of this title.
``(2) In addition to the conditions specified in paragraph
(1), benefits may not be provided to an individual under
subsection (a) unless the professor or other individual
teaching, leading, or giving the course for which such
benefits are provided certifies that--
``(A) such benefits are essential to correct a deficiency
of the individual in such course; and
``(B) such course is required as a part of, or is
prerequisite or indispensable to the satisfactory pursuit of,
an approved program of education.
``(c) Amount.--(1) The amount of benefits described in
subsection (a) that are payable under this section may not
exceed $100 per month, for a maximum of 12 months, or until a
maximum of $1,200 is utilized.
``(2) The amount provided an individual under this
subsection is in addition to the amounts of educational
assistance paid the individual under section 3313 of this
title.
[[Page S4642]]
``(d) No Charge Against Entitlement.--Any benefits provided
an individual under subsection (a) are in addition to any
other educational assistance benefits provided the individual
under this chapter.
``Sec. 3315. Licensure and certification tests
``(a) In General.--An individual entitled to educational
assistance under this chapter shall also be entitled to
payment for one licensing or certification test described in
section 3452(b) of this title.
``(b) Limitation on Amount.--The amount payable under
subsection (a) for a licensing or certification test may not
exceed the lesser of--
``(1) $2,000; or
``(2) the fee charged for the test.
``(c) No Charge Against Entitlement.--Any amount paid an
individual under subsection (a) is in addition to any other
educational assistance benefits provided the individual under
this chapter.
``Sec. 3316. Supplemental educational assistance: members
with critical skills or specialty; members serving
additional service
``(a) Increased Assistance for Members With Critical Skills
or Specialty.--(1) In the case of an individual who has a
skill or specialty designated by the Secretary concerned as a
skill or specialty in which there is a critical shortage of
personnel or for which it is difficult to recruit or, in the
case of critical units, retain personnel, the Secretary
concerned may increase the monthly amount of educational
assistance otherwise payable to the individual under
paragraph (1)(B) of section 3313(c) of this title, or under
paragraphs (2) through (7) of such section (as applicable).
``(2) The amount of the increase in educational assistance
authorized by paragraph (1) may not exceed the amount equal
to the monthly amount of increased basic educational
assistance providable under section 3015(d)(1) of this title
at the time of the increase under paragraph (1).
``(b) Supplemental Assistance for Additional Service.--(1)
The Secretary concerned may provide for the payment to an
individual entitled to educational assistance under this
chapter of supplemental educational assistance for additional
service authorized by subchapter III of chapter 30 of this
title. The amount so payable shall be payable as an increase
in the monthly amount of educational assistance otherwise
payable to the individual under paragraph (1)(B) of section
3313(c) of this title, or under paragraphs (2) through (7) of
such section (as applicable).
``(2) Eligibility for supplement educational assistance
under this subsection shall be determined in accordance with
the provisions of subchapter III of chapter 30 of this title,
except that any reference in such provisions to eligibility
for basic educational assistance under a provision of
subchapter II of chapter 30 of this title shall be treated as
a reference to eligibility for educational assistance under
the appropriate provision of this chapter.
``(3) The amount of supplemental educational assistance
payable under this subsection shall be the amount equal to
the monthly amount of supplemental educational payable under
section 3022 of this title.
``(c) Regulations.--The Secretaries concerned shall
administer this section in accordance with such regulations
as the Secretary of Defense shall prescribe.
``Sec. 3317. Public-private contributions for additional
educational assistance
``(a) Establishment of Program.--In instances where the
educational assistance provided pursuant to section
3313(c)(1)(A) does not cover the full cost of established
charges (as specified in section 3313 of this title), the
Secretary shall carry out a program under which colleges and
universities can, voluntarily, enter into an agreement with
the Secretary to cover a portion of those established charges
not otherwise covered under section 3313(c)(1)(A), which
contributions shall be matched by equivalent contributions
toward such costs by the Secretary. The program shall only
apply to covered individuals described in paragraphs (1) and
(2) of section 3311(b).
``(b) Designation of Program.--The program under this
section shall be known as the `Yellow Ribbon G.I. Education
Enhancement Program'.
``(c) Agreements.--The Secretary shall enter into an
agreement with each college or university seeking to
participate in the program under this section. Each agreement
shall specify the following:
``(1) The manner (whether by direct grant, scholarship, or
otherwise) of the contributions to be made by the college or
university concerned.
``(2) The maximum amount of the contribution to be made by
the college or university concerned with respect to any
particular individual in any given academic year.
``(3) The maximum number of individuals for whom the
college or university concerned will make contributions in
any given academic year.
``(4) Such other matters as the Secretary and the college
or university concerned jointly consider appropriate.
``(d) Matching Contributions.--(1) In instances where the
educational assistance provided an individual under section
3313(c)(1)(A) of this title does not cover the full cost of
tuition and mandatory fees at a college or university, the
Secretary shall provide up to 50 percent of the remaining
costs for tuition and mandatory fees if the college or
university voluntarily enters into an agreement with the
Secretary to match an equal percentage of any of the
remaining costs for such tuition and fees.
``(2) Amounts available to the Secretary under section
3324(b) of this title for payment of the costs of this
chapter shall be available to the Secretary for purposes of
paragraph (1).
``(e) Outreach.--The Secretary shall make available on the
Internet website of the Department available to the public a
current list of the colleges and universities participating
in the program under this section. The list shall specify,
for each college or university so listed, appropriate
information on the agreement between the Secretary and such
college or university under subsection (c).
``Sec. 3318. Additional assistance: relocation or travel
assistance for individual relocating or traveling
significant distance for pursuit of a program of education
``(a) Additional Assistance.--Each individual described in
subsection (b) shall be paid additional assistance under this
section in the amount of $500.
``(b) Covered Individuals.--An individual described in this
subsection is any individual entitled to educational
assistance under this chapter--
``(1) who resides in a highly rural area (as determined by
the Bureau of the Census); and
``(2) who--
``(A) physically relocates a distance of at least 500 miles
in order to pursue a program of education for which the
individual utilizes educational assistance under this
chapter; or
``(B) travels by air to physically attend an institution of
higher education for pursuit of such a program of education
because the individual cannot travel to such institution by
automobile or other established form of transportation due to
an absence of road or other infrastructure.
``(c) Proof of Residence.--For purposes of subsection
(b)(1), an individual may demonstrate the individual's place
of residence utilizing any of the following:
``(1) DD Form 214, Certification of Release or Discharge
from Active Duty.
``(2) The most recent Federal income tax return.
``(3) Such other evidence as the Secretary shall prescribe
for purposes of this section.
``(d) Single Payment of Assistance.--An individual is
entitled to only one payment of additional assistance under
this section.
``(e) No Charge Against Entitlement.--Any amount paid an
individual under this section is in addition to any other
educational assistance benefits provided the individual under
this chapter.''.
``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS
``Sec. 3321. Time limitation for use of and eligibility for
entitlement
``(a) In General.--Except as provided in this section, the
period during which an individual entitled to educational
assistance under this chapter may use such individual's
entitlement expires at the end of the 15-year period
beginning on the date of such individual's last discharge or
release from active duty.
``(b) Exceptions.--(1) Subsections (b), (c), and (d) of
section 3031 of this title shall apply with respect to the
running of the 15-year period described in subsection (a) of
this section in the same manner as such subsections apply
under section 3031 of this title with respect to the running
of the 10-year period described in section 3031(a) of this
title.
``(2) Section 3031(f) of this title shall apply with
respect to the termination of an individual's entitlement to
educational assistance under this chapter in the same manner
as such section applies to the termination of an individual's
entitlement to educational assistance under chapter 30 of
this title, except that, in the administration of such
section for purposes of this chapter, the reference to
section 3013 of this title shall be deemed to be a reference
to 3312 of this title.
``(3) For purposes of subsection (a), an individual's last
discharge or release from active duty shall not include any
discharge or release from a period of active duty of less
than 90 days of continuous service, unless the individual is
discharged or released as described in section 3311(b)(2) of
this title.
``Sec. 3322. Bar to duplication of educational assistance
benefits
``(a) In General.--An individual entitled to educational
assistance under this chapter who is also eligible for
educational assistance under chapter 30, 31, 32, or 35 of
this title, chapter 107, 1606, or 1607 of title 10, or the
provisions of the Hostage Relief Act of 1980 (Public Law 96-
449; 5 U.S.C. 5561 note) may not receive assistance under two
or more such programs concurrently, but shall elect (in such
form and manner as the Secretary may prescribe) under which
chapter or provisions to receive educational assistance.
``(b) Inapplicability of Service Treated Under Educational
Loan Repayment Programs.--A period of service counted for
purposes of repayment of an education loan under chapter 109
of title 10 may not be counted as a period of service for
entitlement to educational assistance under this chapter.
``(c) Service in Selected Reserve.--An individual who
serves in the Selected Reserve may receive credit for such
service under
[[Page S4643]]
only one of this chapter, chapter 30 of this title, and
chapters 1606 and 1607 of title 10, and shall elect (in such
form and manner as the Secretary may prescribe) under which
chapter such service is to be credited.
``(d) Additional Coordination Matters.--In the case of an
individual entitled to educational assistance under chapter
30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607
of title 10, or the provisions of the Hostage Relief Act of
1980, or making contributions toward entitlement to
educational assistance under chapter 30 of this title, as of
August 1, 2009, coordination of entitlement to educational
assistance under this chapter, on the one hand, and such
chapters or provisions, on the other, shall be governed by
the provisions of section __03(c) of the Post-9/11 Veterans
Educational Assistance Act of 2008.
``Sec. 3323. Administration
``(a) In General.--(1) Except as otherwise provided in this
chapter, the provisions specified in section 3034(a)(1) of
this title shall apply to the provision of educational
assistance under this chapter.
``(2) In applying the provisions referred to in paragraph
(1) to an individual entitled to educational assistance under
this chapter for purposes of this section, the reference in
such provisions to the term `eligible veteran' shall be
deemed to refer to an individual entitled to educational
assistance under this chapter.
``(3) In applying section 3474 of this title to an
individual entitled to educational assistance under this
chapter for purposes of this section, the reference in such
section 3474 to the term `educational assistance allowance'
shall be deemed to refer to educational assistance payable
under section 3313 of this title.
``(4) In applying section 3482(g) of this title to an
individual entitled to educational assistance under this
chapter for purposes of this section--
``(A) the first reference to the term `educational
assistance allowance' in such section 3482(g) shall be deemed
to refer to educational assistance payable under section 3313
of this title; and
``(B) the first sentence of paragraph (1) of such section
3482(g) shall be applied as if such sentence ended with
`equipment'.
``(b) Information on Benefits.--(1) The Secretary of
Veterans Affairs shall provide the information described in
paragraph (2) to each member of the Armed Forces at such
times as the Secretary of Veterans Affairs and the Secretary
of Defense shall jointly prescribe in regulations.
``(2) The information described in this paragraph is
information on benefits, limitations, procedures, eligibility
requirements (including time-in-service requirements), and
other important aspects of educational assistance under this
chapter, including application forms for such assistance
under section 5102 of this title.
``(3) The Secretary of Veterans Affairs shall furnish the
information and forms described in paragraph (2), and other
educational materials on educational assistance under this
chapter, to educational institutions, training
establishments, military education personnel, and such other
persons and entities as the Secretary considers appropriate.
``(c) Regulations.--(1) The Secretary shall prescribe
regulations for the administration of this chapter.
``(2) Any regulations prescribed by the Secretary of
Defense for purposes of this chapter shall apply uniformly
across the Armed Forces.
``Sec. 3324. Allocation of administration and costs
``(a) Administration.--Except as otherwise provided in this
chapter, the Secretary shall administer the provision of
educational assistance under this chapter.
``(b) Costs.--Payments for entitlement to educational
assistance earned under this chapter shall be made from funds
appropriated to, or otherwise made available to, the
Department of Veterans Affairs for the payment of
readjustment benefits.''.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 38, United States Code, and at the
beginning of part III of such title, are each amended by
inserting after the item relating to chapter 32 the following
new item:
``33. Post-9/11 Educational Assistance......................3301''.....
(b) Conforming Amendments.--
(1) Amendments relating to duplication of benefits.--
(A) Section 3033 of title 38, United States Code, is
amended--
(i) in subsection (a)(1), by inserting ``33,'' after
``32,''; and
(ii) in subsection (c), by striking ``both the program
established by this chapter and the program established by
chapter 106 of title 10'' and inserting ``two or more of the
programs established by this chapter, chapter 33 of this
title, and chapters 1606 and 1607 of title 10''.
(B) Paragraph (4) of section 3695(a) of such title is
amended to read as follows:
``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
(C) Section 16163(e) of title 10, United States Code, is
amended by inserting ``33,'' after ``32,''.
(2) Additional conforming amendments.--
(A) Title 38, United States Code, is further amended by
inserting ``33,'' after ``32,'' each place it appears in the
following provisions:
(i) In subsections (b) and (e)(1) of section 3485.
(ii) In section 3688(b).
(iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and
(e)(2) of section 3689.
(iv) In section 3690(b)(3)(A).
(v) In subsections (a) and (b) of section 3692.
(vi) In section 3697(a).
(B) Section 3697A(b)(1) of such title is amended by
striking ``or 32'' and inserting ``32, or 33''.
(c) Applicability to Individuals Under Montgomery GI Bill
Program.--
(1) Individuals eligible to elect participation in post-9/
11 educational assistance.--An individual may elect to
receive educational assistance under chapter 33 of title 38,
United States Code (as added by subsection (a)), if such
individual--
(A) as of August 1, 2009--
(i) is entitled to basic educational assistance under
chapter 30 of title 38, United States Code, and has used, but
retains unused, entitlement under that chapter;
(ii) is entitled to educational assistance under chapter
107, 1606, or 1607 of title 10, United States Code, and has
used, but retains unused, entitlement under the applicable
chapter;
(iii) is entitled to basic educational assistance under
chapter 30 of title 38, United States Code, but has not used
any entitlement under that chapter;
(iv) is entitled to educational assistance under chapter
107, 1606, or 1607 of title 10, United States Code, but has
not used any entitlement under such chapter;
(v) is a member of the Armed Forces who is eligible for
receipt of basic educational assistance under chapter 30 of
title 38, United States Code, and is making contributions
toward such assistance under section 3011(b) or 3012(c) of
such title; or
(vi) is a member of the Armed Forces who is not entitled to
basic educational assistance under chapter 30 of title 38,
United States Code, by reason of an election under section
3011(c)(1) or 3012(d)(1) of such title; and
(B) as of the date of the individual's election under this
paragraph, meets the requirements for entitlement to
educational assistance under chapter 33 of title 38, United
States Code (as so added).
(2) Cessation of contributions toward gi bill.--Effective
as of the first month beginning on or after the date of an
election under paragraph (1) of an individual described by
subparagraph (A)(v) of that paragraph, the obligation of the
individual to make contributions under section 3011(b) or
3012(c) of title 38, United States Code, as applicable, shall
cease, and the requirements of such section shall be deemed
to be no longer applicable to the individual.
(3) Revocation of remaining transferred entitlement.--
(A) Election to revoke.--If, on the date an individual
described in subparagraph (A)(i) or (A)(iii) of paragraph (1)
makes an election under that paragraph, a transfer of the
entitlement of the individual to basic educational assistance
under section 3020 of title 38, United States Code, is in
effect and a number of months of the entitlement so
transferred remain unutilized, the individual may elect to
revoke all or a portion of the entitlement so transferred
that remains unutilized.
(B) Availability of revoked entitlement.--Any entitlement
revoked by an individual under this paragraph shall no longer
be available to the dependent to whom transferred, but shall
be available to the individual instead for educational
assistance under chapter 33 of title 38, United States Code
(as so added), in accordance with the provisions of this
subsection.
(C) Availability of unrevoked entitlement.--Any entitlement
described in subparagraph (A) that is not revoked by an
individual in accordance with that subparagraph shall remain
available to the dependent or dependents concerned in
accordance with the current transfer of such entitlement
under section 3020 of title 38, United States Code.
(4) Post-9/11 educational assistance.--
(A) In general.--Subject to subparagraph (B) and except as
provided in paragraph (5), an individual making an election
under paragraph (1) shall be entitled to educational
assistance under chapter 33 of title 38, United States Code
(as so added), in accordance with the provisions of such
chapter, instead of basic educational assistance under
chapter 30 of title 38, United States Code, or educational
assistance under chapter 107, 1606, or 1607 of title 10,
United States Code, as applicable.
(B) Limitation on entitlement for certain individuals.--In
the case of an individual making an election under paragraph
(1) who is described by subparagraph (A)(i) of that
paragraph, the number of months of entitlement of the
individual to educational assistance under chapter 33 of
title 38, United States Code (as so added), shall be the
number of months equal to--
(i) the number of months of unused entitlement of the
individual under chapter 30 of title 38, United States Code,
as of the date of the election, plus
(ii) the number of months, if any, of entitlement revoked
by the individual under paragraph (3)(A).
(5) Continuing entitlement to educational assistance not
available under 9/11 assistance program.--
(A) In general.--In the event educational assistance to
which an individual making an election under paragraph (1)
would be entitled under chapter 30 of title 38, United States
Code, or chapter 107, 1606, or 1607 of title 10, United
States Code, as applicable, is
[[Page S4644]]
not authorized to be available to the individual under the
provisions of chapter 33 of title 38, United States Code (as
so added), the individual shall remain entitled to such
educational assistance in accordance with the provisions of
the applicable chapter.
(B) Charge for use of entitlement.--The utilization by an
individual of entitlement under subparagraph (A) shall be
chargeable against the entitlement of the individual to
educational assistance under chapter 33 of title 38, United
States Code (as so added), at the rate of one month of
entitlement under such chapter 33 for each month of
entitlement utilized by the individual under subparagraph (A)
(as determined as if such entitlement were utilized under the
provisions of chapter 30 of title 38, United States Code, or
chapter 107, 1606, or 1607 of title 10, United States Code,
as applicable).
(6) Additional post-9/11 assistance for members having made
contributions toward gi bill.--
(A) Additional assistance.--In the case of an individual
making an election under paragraph (1) who is described by
clause (i), (iii), or (v) of subparagraph (A) of that
paragraph, the amount of educational assistance payable to
the individual under chapter 33 of title 38, United States
Code (as so added), as a monthly stipend payable under
paragraph (1)(B) of section 3313(c) of such title (as so
added), or under paragraphs (2) through (7) of that section
(as applicable), shall be the amount otherwise payable as a
monthly stipend under the applicable paragraph increased by
the amount equal to--
(i) the total amount of contributions toward basic
educational assistance made by the individual under section
3011(b) or 3012(c) of title 38, United States Code, as of the
date of the election, multiplied by
(ii) the fraction--
(I) the numerator of which is--
(aa) the number of months of entitlement to basic
educational assistance under chapter 30 of title 38, United
States Code, remaining to the individual at the time of the
election; plus
(bb) the number of months, if any, of entitlement under
such chapter 30 revoked by the individual under paragraph
(3)(A); and
(II) the denominator of which is 36 months.
(B) Months of remaining entitlement for certain
individuals.--In the case of an individual covered by
subparagraph (A) who is described by paragraph (1)(A)(v), the
number of months of entitlement to basic educational
assistance remaining to the individual for purposes of
subparagraph (A)(ii)(I)(aa) shall be 36 months.
(C) Timing of payment.--The amount payable with respect to
an individual under subparagraph (A) shall be paid to the
individual together with the last payment of the monthly
stipend payable to the individual under paragraph (1)(B) of
section 3313(c) of title 38, United States Code (as so
added), or under paragraphs (2) through (7) of that section
(as applicable), before the exhaustion of the individual's
entitlement to educational assistance under chapter 33 of
such title (as so added).
(7) Continuing entitlement to additional assistance for
critical skills or speciality and additional service.--An
individual making an election under paragraph (1)(A) who, at
the time of the election, is entitled to increased
educational assistance under section 3015(d) of title 38,
United States Code, or section 16131(i) of title 10, United
States Code, or supplemental educational assistance under
subchapter III of chapter 30 of title 38, United States Code,
shall remain entitled to such increased educational
assistance or supplemental educational assistance in the
utilization of entitlement to educational assistance under
chapter 33 of title 38, United States Code (as so added), in
an amount equal to the quarter, semester, or term, as
applicable, equivalent of the monthly amount of such
increased educational assistance or supplemental educational
assistance payable with respect to the individual at the time
of the election.
(8) Irrevocability of elections.--An election under
paragraph (1) or (3)(A) is irrevocable.
(d) Effective Date.--This section and the amendments made
by this section shall take effect on August 1, 2009.
SEC. 4004. INCREASE IN AMOUNTS OF BASIC EDUCATIONAL
ASSISTANCE UNDER THE MONTGOMERY GI BILL.
(a) Educational Assistance Based on Three-Year Period of
Obligated Service.--Subsection (a)(1) of section 3015 of
title 38, United States Code, is amended--
(1) by striking subparagraphs (A) through (C) and inserting
the following new subparagraph:
``(A) for months occurring during the period beginning on
August 1, 2008, and ending on the last day of fiscal year
2009, $1,321; and''; and
(2) by redesignating subparagraph (D) as subparagraph (B).
(b) Educational Assistance Based on Two-Year Period of
Obligated Service.--Subsection (b)(1) of such section is
amended--
(1) by striking subparagraphs (A) through (C) and inserting
the following new subparagraph:
``(A) for months occurring during the period beginning on
August 1, 2008, and ending on the last day of fiscal year
2009, $1,073; and''; and
(2) by redesignating subparagraph (D) as subparagraph (B).
(c) Modification of Mechanism for Cost-of-Living
Adjustments.--Subsection (h)(1) of such section is amended by
striking subparagraphs (A) and (B) and inserting the
following new subparagraphs:
``(A) the average cost of undergraduate tuition in the
United States, as determined by the National Center for
Education Statistics, for the last academic year preceding
the beginning of the fiscal year for which the increase is
made, exceeds
``(B) the average cost of undergraduate tuition in the
United States, as so determined, for the academic year
preceding the academic year described in subparagraph (A).''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on August 1, 2008.
(2) No cost-of-living adjustment for fiscal year 2009.--The
adjustment required by subsection (h) of section 3015 of
title 38, United States Code (as amended by this section), in
rates of basic educational assistance payable under
subsections (a) and (b) of such section (as so amended) shall
not be made for fiscal year 2009.
SEC. 4005. MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSEMENT
OF STATE AND LOCAL AGENCIES ADMINISTERING
VETERANS EDUCATION BENEFITS.
Section 3674(a)(4) of title 38, United States Code, is
amended by striking ``may not exceed'' and all that follows
through the end and inserting ``shall be $19,000,000.''.
TITLE V--EMERGENCY UNEMPLOYMENT COMPENSATION
federal-state agreements
Sec. 5001. (a) In General.--Any State which desires to do
so may enter into and participate in an agreement under this
title with the Secretary of Labor (in this title referred to
as the ``Secretary''). Any State which is a party to an
agreement under this title may, upon providing 30 days
written notice to the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under
subsection (a) shall provide that the State agency of the
State will make payments of emergency unemployment
compensation to individuals who--
(1) have exhausted all rights to regular compensation under
the State law or under Federal law with respect to a benefit
year (excluding any benefit year that ended before May 1,
2007);
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any
other State unemployment compensation law or to compensation
under any other Federal law (except as provided under
subsection (e)); and
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada.
(c) Exhaustion of Benefits.--For purposes of subsection
(b)(1), an individual shall be deemed to have exhausted such
individual's rights to regular compensation under a State law
when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year
with respect to which such rights existed.
(d) Weekly Benefit Amount, Etc.--For purposes of any
agreement under this title--
(1) the amount of emergency unemployment compensation which
shall be payable to any individual for any week of total
unemployment shall be equal to the amount of the regular
compensation (including dependents' allowances) payable to
such individual during such individual's benefit year under
the State law for a week of total unemployment;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for emergency unemployment compensation
and the payment thereof, except where otherwise inconsistent
with the provisions of this title or with the regulations or
operating instructions of the Secretary promulgated to carry
out this title; and
(3) the maximum amount of emergency unemployment
compensation payable to any individual for whom an emergency
unemployment compensation account is established under
section 5002 shall not exceed the amount established in such
account for such individual.
(e) Election by States.--Notwithstanding any other
provision of Federal law (and if State law permits), the
Governor of a State that is in an extended benefit period may
provide for the payment of emergency unemployment
compensation prior to extended compensation to individuals
who otherwise meet the requirements of this section.
emergency unemployment compensation account
Sec. 5002. (a) In General.--Any agreement under this title
shall provide that the State will establish, for each
eligible individual who files an application for emergency
unemployment compensation, an emergency unemployment
compensation account with respect to such individual's
benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to the lesser of--
[[Page S4645]]
(A) 50 percent of the total amount of regular compensation
(including dependents' allowances) payable to the individual
during the individual's benefit year under such law, or
(B) 13 times the individual's average weekly benefit amount
for the benefit year.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any
week is the amount of regular compensation (including
dependents' allowances) under the State law payable to such
individual for such week for total unemployment.
(c) Special Rule.--
(1) In general.--Notwithstanding any other provision of
this section, if, at the time that the individual's account
is exhausted or at any time thereafter, such individual's
State is in an extended benefit period (as determined under
paragraph (2)), then, such account shall be augmented by an
amount equal to the amount originally established in such
account (as determined under subsection (b)(1)).
(2) Extended benefit period.--For purposes of paragraph
(1), a State shall be considered to be in an extended benefit
period, as of any given time, if--
(A) such a period is then in effect for such State under
the Federal-State Extended Unemployment Compensation Act of
1970;
(B) such a period would then be in effect for such State
under such Act if section 203(d) of such Act--
(i) were applied by substituting ``4'' for ``5'' each place
it appears; and
(ii) did not include the requirement under paragraph
(1)(A); or
(C) such a period would then be in effect for such State
under such Act if--
(i) section 203(f) of such Act were applied to such State
(regardless of whether the State by law had provided for such
application); and
(ii) such section 203(f)--
(I) were applied by substituting ``6.0'' for ``6.5'' in
paragraph (1)(A)(i); and
(II) did not include the requirement under paragraph
(1)(A)(ii).
payments to states having agreements for the payment of emergency
unemployment compensation
Sec. 5003. (a) General Rule.--There shall be paid to each
State that has entered into an agreement under this title an
amount equal to 100 percent of the emergency unemployment
compensation paid to individuals by the State pursuant to
such agreement.
(b) Treatment of Reimbursable Compensation.--No payment
shall be made to any State under this section in respect of
any compensation to the extent the State is entitled to
reimbursement in respect of such compensation under the
provisions of any Federal law other than this title or
chapter 85 of title 5, United States Code. A State shall not
be entitled to any reimbursement under such chapter 85 in
respect of any compensation to the extent the State is
entitled to reimbursement under this title in respect of such
compensation.
(c) Determination of Amount.--Sums payable to any State by
reason of such State having an agreement under this title
shall be payable, either in advance or by way of
reimbursement (as may be determined by the Secretary), in
such amounts as the Secretary estimates the State will be
entitled to receive under this title for each calendar month,
reduced or increased, as the case may be, by any amount by
which the Secretary finds that the Secretary's estimates for
any prior calendar month were greater or less than the
amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical,
sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
financing provisions
Sec. 5004. (a) In General.--Funds in the extended
unemployment compensation account (as established by section
905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section 904(a) of
such Act (42 U.S.C. 1104(a)) shall be used for the making of
payments to States having agreements entered into under this
title.
(b) Certification.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this title. The
Secretary of the Treasury, prior to audit or settlement by
the Government Accountability Office, shall make payments to
the State in accordance with such certification, by transfers
from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment
Trust Fund (as so established).
(c) Assistance to States.--There are appropriated out of
the employment security administration account (as
established by section 901(a) of the Social Security Act (42
U.S.C. 1101(a)) of the Unemployment Trust Fund, without
fiscal year limitation, such funds as may be necessary for
purposes of assisting States (as provided in title III of the
Social Security Act (42 U.S.C. 501 et seq.)) in meeting the
costs of administration of agreements under this title.
(d) Appropriations for Certain Payments.--There are
appropriated from the general fund of the Treasury, without
fiscal year limitation, to the extended unemployment
compensation account (as so established) of the Unemployment
Trust Fund (as so established) such sums as the Secretary
estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall
not be required to be repaid.
fraud and overpayments
Sec. 5005. (a) In General.--If an individual knowingly has
made, or caused to be made by another, a false statement or
representation of a material fact, or knowingly has failed,
or caused another to fail, to disclose a material fact, and
as a result of such false statement or representation or of
such nondisclosure such individual has received an amount of
emergency unemployment compensation under this title to which
such individual was not entitled, such individual--
(1) shall be ineligible for further emergency unemployment
compensation under this title in accordance with the
provisions of the applicable State unemployment compensation
law relating to fraud in connection with a claim for
unemployment compensation; and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have
received amounts of emergency unemployment compensation under
this title to which they were not entitled, the State shall
require such individuals to repay the amounts of such
emergency unemployment compensation to the State agency,
except that the State agency may waive such repayment if it
determines that--
(1) the payment of such emergency unemployment compensation
was without fault on the part of any such individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
emergency unemployment compensation payable to such
individual under this title or from any unemployment
compensation payable to such individual under any State or
Federal unemployment compensation law administered by the
State agency or under any other State or Federal law
administered by the State agency which provides for the
payment of any assistance or allowance with respect to any
week of unemployment, during the 3-year period after the date
such individuals received the payment of the emergency
unemployment compensation to which they were not entitled,
except that no single deduction may exceed 50 percent of the
weekly benefit amount from which such deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a
determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the
individual, and the determination has become final.
(d) Review.--Any determination by a State agency under this
section shall be subject to review in the same manner and to
the same extent as determinations under the State
unemployment compensation law, and only in that manner and to
that extent.
definitions
Sec. 5006. In this title, the terms ``compensation'',
``regular compensation'', ``extended compensation'',
``benefit year'', ``base period'', ``State'', ``State
agency'', ``State law'', and ``week'' have the respective
meanings given such terms under section 205 of the Federal-
State Extended Unemployment Compensation Act of 1970 (26
U.S.C. 3304 note).
applicability
Sec. 5007. (a) In General.--Except as provided in
subsection (b), an agreement entered into under this title
shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before March 31, 2009.
(b) Transition for Amount Remaining in Account.--
(1) In general.--Subject to paragraphs (2) and (3), in the
case of an individual who has amounts remaining in an account
established under section 5002 as of the last day of the last
week (as determined in accordance with the applicable State
law) ending on or before March 31, 2009, emergency
unemployment compensation shall continue to be payable to
such individual from such amounts for any week beginning
after such last day for which the individual meets the
eligibility requirements of this title.
(2) Limit on augmentation.--If the account of an individual
is exhausted after the last day of such last week (as so
determined), then section 5002(c) shall not apply and such
account shall not be augmented under such section, regardless
of whether such individual's State is in an extended benefit
period (as determined under paragraph (2) of such section).
(3) Limit on compensation.--No compensation shall be
payable by reason of paragraph (1) for any week beginning
after June 30, 2009.
TITLE VI--OTHER HEALTH MATTERS
Sec. 6001. (a) Moratoria on Certain Medicaid Regulations.--
(1) Extension of certain moratoria in public law 110-28.--
Section 7002(a)(1) of the
[[Page S4646]]
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28) is amended--
(A) by striking ``prior to the date that is 1 year after
the date of enactment of this Act'' and inserting ``prior to
April 1, 2009'';
(B) in subparagraph (A), by inserting after ``Federal
Regulations)'' the following: ``or in the final regulation,
relating to such parts, published on May 29, 2007 (72 Federal
Register 29748)''; and
(C) in subparagraph (C), by inserting before the period at
the end the following: ``, including the proposed regulation
published on May 23, 2007 (72 Federal Register 28930)''.
(2) Extension of certain moratoria in public law 110-173.--
Section 206 of the Medicare, Medicaid, and SCHIP Extension
Act of 2007 (Public Law 110-173) is amended--
(A) by striking ``June 30, 2008'' and inserting ``April 1,
2009'';
(B) by inserting ``, including the proposed regulation
published on August 13, 2007 (72 Federal Register 45201),''
after ``rehabilitation services''; and
(C) by inserting ``, including the final regulation
published on December 28, 2007 (72 Federal Register 73635),''
after ``school-based transportation''.
(3) Moratorium on interim final medicaid regulation
relating to optional case management and targeted case
management services.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services shall not,
prior to April 1, 2009, finalize, implement, enforce, or
otherwise take any action (through promulgation of
regulation, issuance of regulatory guidance, use of Federal
payment audit procedures, or other administrative action,
policy, or practice, including a Medical Assistance Manual
transmittal or letter to State Medicaid directors) to impose
any restrictions relating to the interim final regulation
relating to optional State plan case management services and
targeted case management services under the Medicaid program
published on December 4, 2007 (72 Federal Register 68077) in
its entirety.
(4) Additional moratoria.--
(A) In general.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services shall not,
prior to April 1, 2009, take any action (through promulgation
of regulation, issuance of regulatory guidance, use of
Federal payment audit procedures, or other administrative
action, policy, or practice, including a Medical Assistance
Manual transmittal or letter to State Medicaid directors) to
impose any restrictions relating to a provision described in
subparagraph (B) or (C) if such restrictions are more
restrictive in any aspect than those applied to the
respective provision as of the date specified in subparagraph
(D) for such provision.
(B) Proposed regulation relating to redefinition of
medicaid outpatient hospital services.--The provision
described in this subparagraph is the proposed regulation
relating to clarification of outpatient clinic and hospital
facility services definition and upper payment limit under
the Medicaid program published on September 28, 2007 (72
Federal Register 55158) in its entirety.
(C) Portion of proposed regulation relating to medicaid
allowable provider taxes.--
(i) In general.--Subject to clause (ii), the provision
described in this subparagraph is the final regulation
relating to health-care-related taxes under the Medicaid
program published on February 22, 2008 (73 Federal Register
9685) in its entirety.
(ii) Exception.--The provision described in this
subparagraph does not include the portions of such regulation
as relate to the following:
(I) Reduction in threshold.--The reduction from 6 percent
to 5.5 percent in the threshold applied under section
433.68(f)(3)(i) of title 42, Code of Federal Regulations, for
determining whether or not there is an indirect guarantee to
hold a taxpayer harmless, as required to carry out section
1903(w)(4)(C)(ii) of the Social Security Act, as added by
section 403 of the Medicare Improvement and Extension Act of
2006 (division B of Public Law 109-432).
(II) Change in definition of managed care.--The change in
the definition of managed care as proposed in the revision of
section 433.56(a)(8) of title 42, Code of Federal
Regulations, as required to carry out section
1903(w)(7)(A)(viii) of the Social Security Act, as amended by
section 6051 of the Deficit Reduction Act of 2005 (Public Law
109-171).
(D) Date specified.--The date specified in this
subparagraph for the provision described in--
(i) subparagraph (B) is September 27, 2007; or
(ii) subparagraph (C) is February 21, 2008.
(b) Restoration of Access to Nominal Drug Pricing for
Certain Clinics and Health Centers.--
(1) In general.--Section 1927(c)(1)(D) of the Social
Security Act (42 U.S.C. Sec. 1396r-8(c)(1)(D)), as added by
section 6001(d)(2) of the Deficit Reduction Act of 2005
(Public Law 109-171), is amended--
(A) in clause (i)--
(i) by redesignating subclause (IV) as subclause (VI); and
(ii) by inserting after subclause (III) the following:
``(IV) An entity that--
``(aa) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Act or is State-owned or operated; and
``(bb) would be a covered entity described in section
340(B)(a)(4) of the Public Health Service Act insofar as the
entity provides the same type of services to the same type of
populations as a covered entity described in such section
provides, but does not receive funding under a provision of
law referred to in such section.
``(V) A public or nonprofit entity, or an entity based at
an institution of higher learning whose primary purpose is to
provide health care services to students of that institution,
that provides a service or services described under section
1001(a) of the Public Health Service Act.''; and
(B) by adding at the end the following new clause:
``(iv) Rule of construction.--Nothing in this subparagraph
shall be construed to alter any existing statutory or
regulatory prohibition on services with respect to an entity
described in subclause (IV) or (V) of clause (i), including
the prohibition set forth in section 1008 of the Public
Health Service Act.''.
(2) Effective date.--The amendments made by this subsection
shall take effect as if included in the amendment made by
section 6001(d)(2) of the Deficit Reduction Act of 2005.
(c) Asset Verification Through Access to Information Held
by Financial Institutions.--
(1) Addition of authority.--Title XIX of the Social
Security Act is amended by inserting after section 1939 the
following new section:
``asset verification through access to information held by financial
institutions
``Sec. 1940. (a) Implementation.--
``(1) In general.--Subject to the provisions of this
section, each State shall implement an asset verification
program described in subsection (b), for purposes of
determining or redetermining the eligibility of an individual
for medical assistance under the State plan under this title.
``(2) Plan submittal.--In order to meet the requirement of
paragraph (1), each State shall--
``(A) submit not later than a deadline specified by the
Secretary consistent with paragraph (3), a State plan
amendment under this title that describes how the State
intends to implement the asset verification program; and
``(B) provide for implementation of such program for
eligibility determinations and redeterminations made on or
after 6 months after the deadline established for submittal
of such plan amendment.
``(3) Phase-in.--
``(A) In general.--
``(i) Implementation in current asset verification demo
states.--The Secretary shall require those States specified
in subparagraph (C) (to which an asset verification program
has been applied before the date of the enactment of this
section) to implement an asset verification program under
this subsection by the end of fiscal year 2009.
``(ii) Implementation in other states.--The Secretary shall
require other States to submit and implement an asset
verification program under this subsection in such manner as
is designed to result in the application of such programs, in
the aggregate for all such other States, to enrollment of
approximately, but not less than, the following percentage of
enrollees, in the aggregate for all such other States, by the
end of the fiscal year involved:
``(I) 12.5 percent by the end of fiscal year 2009.
``(II) 25 percent by the end of fiscal year 2010.
``(III) 50 percent by the end of fiscal year 2011.
``(IV) 75 percent by the end of fiscal year 2012.
``(V) 100 percent by the end of fiscal year 2013.
``(B) Consideration.--In selecting States under
subparagraph (A)(ii), the Secretary shall consult with the
States involved and take into account the feasibility of
implementing asset verification programs in each such State.
``(C) States specified.--The States specified in this
subparagraph are California, New York, and New Jersey.
``(D) Construction.--Nothing in subparagraph (A)(ii) shall
be construed as preventing a State from requesting, and the
Secretary approving, the implementation of an asset
verification program in advance of the deadline otherwise
established under such subparagraph.
``(4) Exemption of territories.--This section shall only
apply to the 50 States and the District of Columbia.
``(b) Asset Verification Program.--
``(1) In general.--For purposes of this section, an asset
verification program means a program described in paragraph
(2) under which a State--
``(A) requires each applicant for, or recipient of, medical
assistance under the State plan under this title on the basis
of being aged, blind, or disabled to provide authorization by
such applicant or recipient (and any other person whose
resources are required by law to be disclosed to determine
the eligibility of the applicant or recipient for such
assistance) for the State to obtain (subject to the cost
reimbursement requirements of section 1115(a) of the Right to
Financial Privacy Act of 1978 but at no cost to the applicant
or recipient) from any financial institution (within the
meaning of section 1101(1) of such Act) any financial record
(within the
[[Page S4647]]
meaning of section 1101(2) of such Act) held by the
institution with respect to the applicant or recipient (and
such other person, as applicable), whenever the State
determines the record is needed in connection with a
determination with respect to such eligibility for (or the
amount or extent of) such medical assistance; and
``(B) uses the authorization provided under subparagraph
(A) to verify the financial resources of such applicant or
recipient (and such other person, as applicable), in order to
determine or redetermine the eligibility of such applicant or
recipient for medical assistance under the State plan.
``(2) Program described.--A program described in this
paragraph is a program for verifying individual assets in a
manner consistent with the approach used by the Commissioner
of Social Security under section 1631(e)(1)(B)(ii).
``(c) Duration of Authorization.--Notwithstanding section
1104(a)(1) of the Right to Financial Privacy Act of 1978, an
authorization provided to a State under subsection (b)(1)(A)
shall remain effective until the earliest of--
``(1) the rendering of a final adverse decision on the
applicant's application for medical assistance under the
State's plan under this title;
``(2) the cessation of the recipient's eligibility for such
medical assistance; or
``(3) the express revocation by the applicant or recipient
(or such other person described in subsection (b)(1)(A), as
applicable) of the authorization, in a written notification
to the State.
``(d) Treatment of Right to Financial Privacy Act
Requirements.--
``(1) An authorization obtained by the State under
subsection (b)(1) shall be considered to meet the
requirements of the Right to Financial Privacy Act of 1978
for purposes of section 1103(a) of such Act, and need not be
furnished to the financial institution, notwithstanding
section 1104(a) of such Act.
``(2) The certification requirements of section 1103(b) of
the Right to Financial Privacy Act of 1978 shall not apply to
requests by the State pursuant to an authorization provided
under subsection (b)(1).
``(3) A request by the State pursuant to an authorization
provided under subsection (b)(1) is deemed to meet the
requirements of section 1104(a)(3) of the Right to Financial
Privacy Act of 1978 and of section 1102 of such Act, relating
to a reasonable description of financial records.
``(e) Required Disclosure.--The State shall inform any
person who provides authorization pursuant to subsection
(b)(1)(A) of the duration and scope of the authorization.
``(f) Refusal or Revocation of Authorization.--If an
applicant for, or recipient of, medical assistance under the
State plan under this title (or such other person described
in subsection (b)(1)(A), as applicable) refuses to provide,
or revokes, any authorization made by the applicant or
recipient (or such other person, as applicable) under
subsection (b)(1)(A) for the State to obtain from any
financial institution any financial record, the State may, on
that basis, determine that the applicant or recipient is
ineligible for medical assistance.
``(g) Use of Contractor.--For purposes of implementing an
asset verification program under this section, a State may
select and enter into a contract with a public or private
entity meeting such criteria and qualifications as the State
determines appropriate, consistent with requirements in
regulations relating to general contracting provisions and
with section 1903(i)(2). In carrying out activities under
such contract, such an entity shall be subject to the same
requirements and limitations on use and disclosure of
information as would apply if the State were to carry out
such activities directly.
``(h) Technical Assistance.--The Secretary shall provide
States with technical assistance to aid in implementation of
an asset verification program under this section.
``(i) Reports.--A State implementing an asset verification
program under this section shall furnish to the Secretary
such reports concerning the program, at such times, in such
format, and containing such information as the Secretary
determines appropriate.
``(j) Treatment of Program Expenses.--Notwithstanding any
other provision of law, reasonable expenses of States in
carrying out the program under this section shall be treated,
for purposes of section 1903(a), in the same manner as State
expenditures specified in paragraph (7) of such section.''.
(2) State plan requirements.--Section 1902(a) of such Act
(42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (69) by striking ``and'' at the end;
(B) in paragraph (70) by striking the period at the end and
inserting ``; and''; and
(C) by inserting after paragraph (70), as so amended, the
following new paragraph:
``(71) provide that the State will implement an asset
verification program as required under section 1940.''.
(3) Withholding of federal matching payments for
noncompliant states.--Section 1903(i) of such Act (42 U.S.C.
1396b(i)) is amended--
(A) in paragraph (22) by striking ``or'' at the end;
(B) in paragraph (23) by striking the period at the end and
inserting ``; or''; and
(C) by adding after paragraph (23) the following new
paragraph:
``(24) if a State is required to implement an asset
verification program under section 1940 and fails to
implement such program in accordance with such section, with
respect to amounts expended by such State for medical
assistance for individuals subject to asset verification
under such section, unless--
``(A) the State demonstrates to the Secretary's
satisfaction that the State made a good faith effort to
comply;
``(B) not later than 60 days after the date of a finding
that the State is in noncompliance, the State submits to the
Secretary (and the Secretary approves) a corrective action
plan to remedy such noncompliance; and
``(C) not later than 12 months after the date of such
submission (and approval), the State fulfills the terms of
such corrective action plan.''.
(4) Repeal.--Section 4 of Public Law 110-90 is repealed.
Sec. 6002. Limitation on Medicare Exception to the
Prohibition on Certain Physician Referrals for Hospitals.--
(a) In General.--Section 1877 of the Social Security Act
(42 U.S.C. 1395nn) is amended--
(1) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) in the case where the entity is a hospital, the
hospital meets the requirements of paragraph (3)(D).'';
(2) in subsection (d)(3)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) the hospital meets the requirements described in
subsection (i)(1) not later than 18 months after the date of
the enactment of this subparagraph.''; and
(3) by adding at the end the following new subsection:
``(i) Requirements for Hospitals To Qualify for Hospital
Exception to Ownership or Investment Prohibition.--
``(1) Requirements described.--For purposes of subsection
(d)(3)(D), the requirements described in this paragraph for a
hospital are as follows:
``(A) Provider agreement.--The hospital had--
``(i) physician ownership on September 1, 2008; and
``(ii) a provider agreement under section 1866 in effect on
such date.
``(B) Limitation on expansion of facility capacity.--Except
as provided in paragraph (3), the number of operating rooms,
procedure rooms, and beds of the hospital at any time on or
after the date of the enactment of this subsection are no
greater than the number of operating rooms, procedure rooms,
and beds as of such date.
``(C) Preventing conflicts of interest.--
``(i) The hospital submits to the Secretary an annual
report containing a detailed description of--
``(I) the identity of each physician owner and any other
owners of the hospital; and
``(II) the nature and extent of all ownership interests in
the hospital.
``(ii) The hospital has procedures in place to require that
any referring physician owner discloses to the patient being
referred, by a time that permits the patient to make a
meaningful decision regarding the receipt of care, as
determined by the Secretary--
``(I) the ownership interest of such referring physician in
the hospital; and
``(II) if applicable, any such ownership interest of the
treating physician.
``(iii) The hospital does not condition any physician
ownership interests either directly or indirectly on the
physician owner making or influencing referrals to the
hospital or otherwise generating business for the hospital.
``(iv) The hospital discloses the fact that the hospital is
partially owned by physicians--
``(I) on any public website for the hospital; and
``(II) in any public advertising for the hospital.
``(D) Ensuring bona fide investment.--
``(i) Physician owners in the aggregate do not own more
than the greater of--
``(I) 40 percent of the total value of the investment
interests held in the hospital or in an entity whose assets
include the hospital; or
``(II) the percentage of such total value determined on the
date of enactment of this subsection.
``(ii) Any ownership or investment interests that the
hospital offers to a physician owner are not offered on more
favorable terms than the terms offered to a person who is not
a physician owner.
``(iii) The hospital (or any investors in the hospital)
does not directly or indirectly provide loans or financing
for any physician owner investments in the hospital.
``(iv) The hospital (or any investors in the hospital) does
not directly or indirectly guarantee a loan, make a payment
toward a loan, or otherwise subsidize a loan, for any
individual physician owner or group of physician owners that
is related to acquiring any ownership interest in the
hospital.
``(v) Investment returns are distributed to each investor
in the hospital in an amount that is directly proportional to
the ownership interest of such investor in the hospital.
``(vi) Physician owners do not receive, directly or
indirectly, any guaranteed receipt
[[Page S4648]]
of or right to purchase other business interests related to
the hospital, including the purchase or lease of any property
under the control of other investors in the hospital or
located near the premises of the hospital.
``(vii) The hospital does not offer a physician owner the
opportunity to purchase or lease any property under the
control of the hospital or any other investor in the hospital
on more favorable terms than the terms offered to an
individual who is not a physician owner.
``(E) Patient safety.--
``(i) Insofar as the hospital admits a patient and does not
have any physician available on the premises to provide
services during all hours in which the hospital is providing
services to such patient, before admitting the patient--
``(I) the hospital discloses such fact to a patient; and
``(II) following such disclosure, the hospital receives
from the patient a signed acknowledgment that the patient
understands such fact.
``(ii) The hospital has the capacity to--
``(I) provide assessment and initial treatment for
patients; and
``(II) refer and transfer patients to hospitals with the
capability to treat the needs of the patient involved.
``(F) Limitation on application to certain converted
facilities.--The hospital was not converted from an
ambulatory surgical center to a hospital on or after the date
of enactment of this subsection.
``(2) Publication of information reported.--The Secretary
shall publish, and update on an annual basis, the information
submitted by hospitals under paragraph (1)(C)(i) on the
public Internet website of the Centers for Medicare &
Medicaid Services.
``(3) Exception to prohibition on expansion of facility
capacity.--
``(A) Process.--
``(i) Establishment.--The Secretary shall establish and
implement a process under which an applicable hospital (as
defined in subparagraph (E)) may apply for an exception from
the requirement under paragraph (1)(B).
``(ii) Opportunity for community input.--The process under
clause (i) shall provide individuals and entities in the
community that the applicable hospital applying for an
exception is located with the opportunity to provide input
with respect to the application.
``(iii) Timing for implementation.--The Secretary shall
implement the process under clause (i) on November 1, 2009.
``(iv) Regulations.--Not later than November 1, 2009, the
Secretary shall promulgate regulations to carry out the
process under clause (i).
``(B) Frequency.--The process described in subparagraph (A)
shall permit an applicable hospital to apply for an exception
up to once every 2 years.
``(C) Permitted increase.--
``(i) In general.--Subject to clause (ii) and subparagraph
(D), an applicable hospital granted an exception under the
process described in subparagraph (A) may increase the number
of operating rooms, procedure rooms, and beds of the
applicable hospital above the baseline number of operating
rooms, procedure rooms, and beds of the applicable hospital
(or, if the applicable hospital has been granted a previous
exception under this paragraph, above the number of operating
rooms, procedure rooms, and beds of the hospital after the
application of the most recent increase under such an
exception).
``(ii) Lifetime 100 percent increase limitation.--The
Secretary shall not permit an increase in the number of
operating rooms, procedure rooms, and beds of an applicable
hospital under clause (i) to the extent such increase would
result in the number of operating rooms, procedure rooms, and
beds of the applicable hospital exceeding 200 percent of the
baseline number of operating rooms, procedure rooms, and beds
of the applicable hospital.
``(iii) Baseline number of operating rooms, procedure
rooms, and beds.--In this paragraph, the term `baseline
number of operating rooms, procedure rooms, and beds' means
the number of operating rooms, procedure rooms, and beds of
the applicable hospital as of the date of enactment of this
subsection.
``(D) Increase limited to facilities on the main campus of
the hospital.--Any increase in the number of operating rooms,
procedure rooms, and beds of an applicable hospital pursuant
to this paragraph may only occur in facilities on the main
campus of the applicable hospital.
``(E) Applicable hospital.--In this paragraph, the term
``applicable hospital'' means a hospital--
``(i) that is located in a county in which the percentage
increase in the population during the most recent 5-year
period (as of the date of the application under subparagraph
(A)) is at least 150 percent of the percentage increase in
the population growth of the State in which the hospital is
located during that period, as estimated by Bureau of the
Census;
``(ii) whose annual percent of total inpatient admissions
that represent inpatient admissions under the program under
title XIX is equal to or greater than the average percent
with respect to such admissions for all hospitals located in
the county in which the hospital is located;
``(iii) that does not discriminate against beneficiaries of
Federal health care programs and does not permit physicians
practicing at the hospital to discriminate against such
beneficiaries;
``(iv) that is located in a State in which the average bed
capacity in the State is less than the national average bed
capacity; and
``(v) that has an average bed occupancy rate that is
greater than the average bed occupancy rate in the State in
which the hospital is located.
``(F) Procedure rooms.--In this subsection, the term
`procedure rooms' includes rooms in which catheterizations,
angiographies, angiograms, and endoscopies are performed,
except such term shall not include emergency rooms or
departments (exclusive of rooms in which catheterizations,
angiographies, angiograms, and endoscopies are performed).
``(G) Publication of final decisions.--Not later than 60
days after receiving a complete application under this
paragraph, the Secretary shall publish in the Federal
Register the final decision with respect to such application.
``(H) Limitation on review.--There shall be no
administrative or judicial review under section 1869, section
1878, or otherwise of the process under this paragraph
(including the establishment of such process).
``(4) Collection of ownership and investment information.--
For purposes of subparagraphs (A)(i) and (D)(i) of paragraph
(1), the Secretary shall collect physician ownership and
investment information for each hospital.
``(5) Physician owner defined.--For purposes of this
subsection, the term `physician owner' means a physician (or
an immediate family member of such physician) with a direct
or an indirect ownership interest in the hospital.''.
(b) Enforcement.--
(1) Ensuring compliance.--The Secretary of Health and Human
Services shall establish policies and procedures to ensure
compliance with the requirements described in subsection
(i)(1) of section 1877 of the Social Security Act, as added
by subsection (a)(3), beginning on the date such requirements
first apply. Such policies and procedures may include
unannounced site reviews of hospitals.
(2) Audits.--Beginning not later than January 1, 2010, the
Secretary of Health and Human Services shall conduct audits
to determine if hospitals violate the requirements referred
to in paragraph (1).
Sec. 6003. Medicare Improvement Fund.--
Title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) is amended by adding at the end the following new
section:
``medicare improvement fund
``Sec. 1898. (a) Establishment.--The Secretary shall
establish under this title a Medicare Improvement Fund (in
this section referred to as the `Fund') which shall be
available to the Secretary to make improvements under the
original fee-for-service program under parts A and B for
individuals entitled to, or enrolled for, benefits under part
A or enrolled under part B.
``(b) Funding.--
``(1) In general.--There shall be available to the Fund,
for expenditures from the Fund for services furnished during
fiscal year 2014, $3,340,000,000.
``(2) Payment from trust funds.--The amount specified under
paragraph (1) shall be available to the Fund, as expenditures
are made from the Fund, from the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund in such proportion as the Secretary determines
appropriate.
``(3) Funding limitation.--Amounts in the Fund shall be
available in advance of appropriations but only if the total
amount obligated from the Fund does not exceed the amount
available to the Fund under paragraph (1). The Secretary may
obligate funds from the Fund only if the Secretary determines
(and the Chief Actuary of the Centers for Medicare & Medicaid
Services and the appropriate budget officer certify) that
there are available in the Fund sufficient amounts to cover
all such obligations incurred consistent with the previous
sentence.''.
Sec. 6004. Moratorium on August 17, 2007 CMS Directive.
Notwithstanding any other provision of law, the Secretary of
Health and Human Services shall not, prior to April 1, 2009,
finalize, implement, enforce, or otherwise take any action to
give effect to any or all components of the State Health
Official Letter 07-001, dated August 17, 2007, issued by the
Director of the Center for Medicaid and State Operations in
the Centers for Medicare & Medicaid Services regarding
certain requirements under the State Children's Health
Insurance Program (CHIP) relating to the prevention of the
substitution of health benefits coverage for children
(commonly referred to as ``crowd-out'') and the enforcement
of medical support orders (or to any similar administrative
actions that reflect the same or similar policies set forth
in such letter). Any change made on or after August 17, 2007,
to a Medicaid or CHIP State plan or waiver to implement,
conform to, or otherwise adhere to the requirements or
policies in such letter shall not apply prior to April 1,
2009.
Sec. 6005. Adjustment to PAQI Fund. Section 1848(l)(2) of
the Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended
by section 101(a)(2) of the Medicare, Medicaid, and SCHIP
Extension Act of 2007 (Public Law 110-173), is amended--
(1) in subparagraph (A)(i)--
[[Page S4649]]
(A) in subclause (III), by striking ``$4,960,000,000'' and
inserting ``$3,940,000,000''; and
(B) by adding at the end the following new subclause:
``(IV) For expenditures during 2014, an amount equal to
$3,750,000,000.'';
(2) in subparagraph (A)(ii), by adding at the end the
following new subclause:
``(IV) 2014.--The amount available for expenditures during
2014 shall only be available for an adjustment to the update
of the conversion factor under subsection (d) for that
year.''; and
(3) in subparagraph (B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) 2014 for payment with respect to physicians'
services furnished during 2014.''.
TITLE VII--ACCOUNTABILITY AND COMPETITION IN GOVERNMENT CONTRACTING
CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE
short title
Sec. 7101. This chapter may be cited as the ``Close the
Contractor Fraud Loophole Act''.
revision of the federal acquisition regulation
Sec. 7102. The Federal Acquisition Regulation shall be
amended within 180 days after the date of the enactment of
this Act pursuant to FAR Case 2007-006 (as published at 72
Fed Reg. 64019, November 14, 2007) or any follow-on FAR case
to include provisions that require timely notification by
Federal contractors of violations of Federal criminal law or
overpayments in connection with the award or performance of
covered contracts or subcontracts, including those performed
outside the United States and those for commercial items.
definition
Sec. 7103. In this chapter, the term ``covered contract''
means any contract in an amount greater than $5,000,000 and
more than 120 days in duration.
CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY
short title
Sec. 7201. This chapter may be cited as the ``Government
Funding Transparency Act of 2008''.
financial disclosure requirements for certain recipients of federal
awards
Sec. 7202. (a) Disclosure Requirements.--Section 2(b)(1) of
the Federal Funding Accountability and Transparency Act
(Public Law 109-282; 31 U.S.C. 6101 note) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) the names and total compensation of the five most
highly compensated officers of the entity if--
``(i) the entity in the preceding fiscal year received--
``(I) 80 percent or more of its annual gross revenues in
Federal awards; and
``(II) $25,000,000 or more in annual gross revenues from
Federal awards; and
``(ii) the public does not have access to information about
the compensation of the senior executives of the entity
through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or section 6104 of the Internal Revenue Code of
1986.''.
(b) Regulations Required.--The Director of the Office of
Management and Budget shall promulgate regulations to
implement the amendment made by this chapter. Such
regulations shall include a definition of ``total
compensation'' that is consistent with regulations of the
Securities and Exchange Commission at section 402 of part 229
of title 17 of the Code of Federal Regulations (or any
subsequent regulation).
TITLE VIII--EMERGENCY AGRICULTURE RELIEF
SEC. 8001. DEFINITIONS.
In this title:
(1) Agricultural employment.--The term ``agricultural
employment'' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 or the performance of agricultural labor or services
described in section 101(a)(15)(H)(ii)(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Emergency agricultural worker status.--The term
``emergency agricultural worker status'' means the status of
an alien who has been lawfully admitted into the United
States for temporary residence under section 8011(a).
(4) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
(6) Work day.--The term ``work day'' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.
SEC. 8002. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
title shall take effect on the date of the enactment of this
Act.
(b) Exception.--Sections 8021 and 8031 shall take effect on
the date that is 1 year after the date of the enactment of
this Act.
Subtitle A--Emergency Agricultural Workers
SEC. 8011. REQUIREMENTS FOR EMERGENCY AGRICULTURAL WORKER
STATUS.
(a) Requirement to Grant Emergency Agricultural Worker
Status.--Notwithstanding any other provision of law, the
Secretary shall, pursuant to the requirements of this
section, grant emergency agricultural worker status to an
alien who qualifies under this section if the Secretary
determines that the alien--
(1) during the 48-month period ending on December 31,
2007--
(A) performed agricultural employment in the United States
for at least 863 hours or 150 work days; or
(B) earned at least $7,000 from agricultural employment;
(2) applied for emergency agricultural worker status during
the 18-month application period beginning on the first day of
the seventh month that begins after the date of the enactment
of this Act;
(3) is otherwise admissible to the United States under
section 212 of the Immigration and Nationality Act (8 U.S.C.
1182), except as otherwise provided under section 8014; and
(4) has not been convicted of any felony or a misdemeanor,
an element of which involves bodily injury, threat of serious
bodily injury, or damage to property in excess of $500.
(b) Authorized Travel.--An alien who is granted emergency
agricultural worker status is authorized to travel outside
the United States (including commuting to the United States
from a residence in a foreign country) in the same manner as
an alien lawfully admitted for permanent residence.
(c) Authorized Employment.--The Secretary shall provide an
alien who is granted emergency agricultural worker status an
employment authorized endorsement or other appropriate work
permit, in the same manner as an alien lawfully admitted for
permanent residence.
(d) Termination of Emergency Agricultural Worker Status.--
The Secretary shall terminate emergency agricultural worker
status if--
(1) the Secretary determines that the alien is deportable;
(2) the Secretary finds, by a preponderance of the
evidence, that the adjustment to emergency agricultural
worker status was the result of fraud or willful
misrepresentation (as described in section 212(a)(6)(C)(i) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(C)(i)));
(3) the alien--
(A) commits an act that makes the alien inadmissible to the
United States as an immigrant, except as provided under
section 8014;
(B) is convicted of a felony or at least 3 misdemeanors
committed in the United States;
(C) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily injury, or
harm to property in excess of $500; or
(D) fails to pay any applicable Federal tax liability
pursuant to section 8012(d); or
(4) the Secretary determines that the alien has not
fulfilled the work requirement described in subsection (e)
during any 1-year period in which the alien was in such
status and the Secretary has not waived such requirement
under subsection (e)(3).
(e) Work Requirement.--
(1) In general.--An alien shall perform at least 100 work
days of agricultural employment per year to maintain
emergency agricultural worker status under this section.
(2) Proof.--An alien may demonstrate compliance with the
requirement under paragraph (1) by submitting--
(A) the record of employment described in paragraph (4); or
(B) the documentation described in section 8013(c)(1).
(3) Waiver for extraordinary circumstances.--
(A) In general.--The Secretary may waive the requirement
under paragraph (1) for any year in which the alien was
unable to work in agricultural employment due to--
(i) pregnancy, injury, or disease, if the alien can
establish such pregnancy, disabling injury, or disease
through medical records;
(ii) illness, disease, or other special needs of a minor
child, if the alien can establish such illness, disease, or
special needs through medical records;
(iii) severe weather conditions that prevented the alien
from engaging in agricultural employment for a significant
period of time; or
(iv) termination from agricultural employment without just
cause, if the alien establishes that he or she was unable to
find alternative agricultural employment after a reasonable
job search.
(B) Limitation.--A waiver granted under subparagraph
(A)(iv) shall not be conclusive, binding, or admissible in a
separate or subsequent action or proceeding between the
employee and the employee's current or prior employer.
(4) Record of employment.--
[[Page S4650]]
(A) Requirement.--Each employer of an alien granted
emergency agricultural worker status shall annually provide--
(i) a written record of employment to the alien; and
(ii) a copy of such record to the Secretary.
(B) Civil penalties.--
(i) In general.--If the Secretary finds, after notice and
opportunity for a hearing, that an employer of an alien
granted emergency agricultural worker status has failed to
provide the record of employment required under subparagraph
(A) or has provided a false statement of material fact in
such a record, the employer shall be subject to a civil money
penalty in an amount not to exceed $1,000 per violation.
(ii) Limitation.--The penalty applicable under clause (i)
for failure to provide records shall not apply unless the
alien has provided the employer with evidence of employment
authorization granted under this section.
(f) Required Features of Identity Card.--The Secretary
shall provide each alien granted emergency agricultural
worker status, and the spouse and any child of each such
alien residing in the United States, with a card that
contains--
(1) an encrypted, machine-readable, electronic
identification strip that is unique to the alien to whom the
card is issued;
(2) biometric identifiers, including fingerprints and a
digital photograph; and
(3) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes.
(g) Fine.--An alien granted emergency agricultural worker
status shall pay a fine of $250 to the Secretary.
(h) Maximum Number.--The Secretary may not issue more than
1,350,000 emergency agricultural worker cards during the 5-
year period beginning on the date of the enactment of this
Act.
(i) Maximum Length of Emergency Agricultural Worker
Status.--Emergency agricultural worker status granted under
this section shall continue until the earlier of--
(1) the date on which such status is terminated pursuant to
subsection (d); or
(2) 5 years after the date on which such status is granted.
SEC. 8012. TREATMENT OF ALIENS GRANTED EMERGENCY AGRICULTURAL
WORKER STATUS.
(a) In General.--Except as otherwise provided under this
section, an alien granted emergency agricultural worker
status (including a spouse or child granted derivative
status) shall be considered to be an alien lawfully admitted
for permanent residence for purposes of any law other than
any provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
(b) Ineligibility for Certain Federal Public Benefits.--An
alien granted emergency agricultural worker status (including
a spouse or child granted derivative status) shall not be
eligible, by reason of such status, for any form of
assistance or benefit described in section 403(a) of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1613(a)) while in such status.
(c) Federal Tax Liability Applies.--
(1) In general.--An alien granted emergency agricultural
worker status shall pay any applicable Federal tax liability,
including penalties and interest, owed for any year during
the period of employment required under section 8011(e) for
which the statutory period for assessment of any deficiency
for such taxes has not expired.
(2) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to an alien
upon request to establish the payment of all taxes required
under this subsection.
(d) Treatment of Spouses and Minor Children.--
(1) Granting of status and removal.--The Secretary shall
grant derivative status to the alien spouse and any minor
child residing in the United States of an alien granted
emergency agricultural worker status and shall not remove
such derivative spouse or child during the period in which
the principal alien maintains such status, except as provided
in paragraph (4). A grant of derivative status to such a
spouse or child under this subparagraph shall not decrease
the number of aliens who may receive emergency agricultural
worker status under section 8011(h).
(2) Travel.--The derivative spouse and any minor child of
an alien granted emergency agricultural worker status may
travel outside the United States in the same manner as an
alien lawfully admitted for permanent residence.
(3) Employment.--The derivative spouse of an alien granted
emergency agricultural worker status may apply to the
Secretary for a work permit to authorize such spouse to
engage in any lawful employment in the United States while
such alien maintains emergency agricultural worker status.
(4) Grounds for denial of adjustment of status and
removal.--The Secretary shall deny an alien spouse or child
adjustment of status under paragraph (1) and shall remove
such spouse or child under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(A) commits an act that makes the alien spouse or child
inadmissible to the United States under section 212 of such
Act (8 U.S.C. 1182), except as provided under section 8014;
(B) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
(C) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily injury, or
harm to property in excess of $500.
(e) Adjustment of Status.--Nothing in this Act may be
construed to prevent an alien from seeking adjustment of
status in accordance with any other provision of law if the
alien is otherwise eligible for such adjustment of status.
SEC. 8013. APPLICATIONS.
(a) Submission.--Applications for emergency agricultural
worker status may be submitted to--
(1) the Secretary, if the applicant is represented by an
attorney or a nonprofit religious, charitable, social
service, or similar organization recognized by the Board of
Immigration Appeals under section 292.2 of title 8, Code of
Federal Regulations; or
(2) a qualified designated entity if the applicant consents
to the forwarding of the application to the Secretary.
(b) Qualified Designated Entity Defined.--In this section,
the term ``qualified designated entity'' means--
(1) a qualified farm labor organization or an association
of employers designated by the Secretary; or
(2) any such other person designated by the Secretary if
the Secretary determines such person is qualified and has
substantial experience, demonstrated competence, and a
history of long-term involvement in the preparation and
submission of applications for adjustment of status under
section 209, 210, or 245 of the Immigration and Nationality
Act (8 U.S.C. 1159, 1160, and 1255), the Act entitled ``An
Act to adjust the status of Cuban refugees to that of lawful
permanent residents of the United States, and for other
purposes'', approved November 2, 1966 (Public Law 89-732; 8
U.S.C. 1255 note), Public Law 95-145 (8 U.S.C. 1255 note), or
the Immigration Reform and Control Act of 1986 (Public Law
99-603; 100 Stat. 3359) or any amendment made by that Act.
(c) Proof of Eligibility.--
(1) In general.--An alien may establish that the alien
meets the requirement of subsections (a)(1) and (e)(1) of
section 8011 through government employment records or records
supplied by employers or collective bargaining organizations,
and such other reliable documentation as the alien may
provide. The Secretary shall establish special procedures to
properly credit work in cases in which an alien was employed
under an assumed name.
(2) Documentation of work history.--
(A) Burden of proof.--An alien applying for emergency
agricultural worker status has the burden of proving by a
preponderance of the evidence that the alien has worked the
requisite number of hours or days required under section
8011(a)(1).
(B) Timely production of records.--If an employer or farm
labor contractor employing such an alien has kept proper and
adequate records respecting such employment, the alien's
burden of proof under subparagraph (A) may be met by securing
timely production of those records under regulations to be
promulgated by the Secretary.
(C) Sufficient evidence.--An alien may meet the burden of
proof under subparagraph (A) to establish that the alien has
performed the days or hours of work required under section
8011(a)(1) by producing sufficient evidence to show the
extent of that employment as a matter of just and reasonable
inference.
(d) Applications Submitted to Qualified Designated
Entities.--
(1) Requirements.--Each qualified designated entity shall
agree--
(A) to forward to the Secretary an application submitted to
that entity pursuant to subsection (a)(2) if the applicant
has consented to such forwarding;
(B) not to forward to the Secretary any such application if
the applicant has not consented to such forwarding; and
(C) to assist an alien in obtaining documentation of the
alien's work history, if the alien requests such assistance.
(2) No authority to make determinations.--No qualified
designated entity may make a determination required under
this title to be made by the Secretary.
(e) Limitation on Access to Information.--Files and records
collected or compiled by a qualified designated entity for
the purposes of this section are confidential and the
Secretary shall not have access to such a file or record
relating to an alien without the consent of the alien, except
as allowed by a court order issued pursuant to subsection
(f).
(f) Confidentiality of Information.--
(1) In general.--Except as otherwise provided in this
section, the Secretary or any other official or employee of
the Department or a bureau or agency of the Department is
prohibited from--
(A) using information furnished by the applicant pursuant
to an application filed under this title, the information
provided by an applicant to a qualified designated entity, or
any information provided by an employer or former employer
for any purpose other than to make a determination on the
application or for imposing the penalties described in
subsection (g);
(B) making any publication in which the information
furnished by any particular individual can be identified; or
(C) permitting a person other than a sworn officer or
employee of the Department or a bureau or agency of the
Department or, with respect to applications filed with a
qualified
[[Page S4651]]
designated entity, that qualified designated entity, to
examine individual applications.
(2) Required disclosures.--The Secretary shall provide the
information furnished under this title or any other
information derived from such furnished information to--
(A) a duly recognized law enforcement entity in connection
with a criminal investigation or prosecution, if such
information is requested in writing by such entity; and
(B) an official coroner, for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
(3) Construction.--
(A) In general.--Nothing in this subsection shall be
construed to limit the use, or release, for immigration
enforcement purposes or law enforcement purposes, of
information contained in files or records of the Department
pertaining to an application filed under this section, other
than information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
(B) Criminal convictions.--Notwithstanding any other
provision of this subsection, information concerning whether
the alien applying for emergency agricultural worker status
has been convicted of a crime at any time may be used or
released for immigration enforcement or law enforcement
purposes.
(4) Crime.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
subsection shall be subject to a fine in an amount not to
exceed $10,000.
(g) Penalties for False Statements in Applications.--
(1) Criminal penalty.--Any person who--
(A) files an application for emergency agricultural worker
status and knowingly and willfully falsifies, conceals, or
covers up a material fact or makes any false, fictitious, or
fraudulent statements or representations, or makes or uses
any false writing or document knowing the same to contain any
false, fictitious, or fraudulent statement or entry, or
(B) creates or supplies a false writing or document for use
in making such an application,
shall be fined in accordance with title 18, United States
Code, imprisoned not more than 5 years, or both.
(2) Inadmissibility.--An alien who is convicted of a crime
under paragraph (1) shall be considered to be inadmissible to
the United States on the ground described in section
212(a)(6)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)).
(h) Eligibility for Legal Services.--Section 504(a)(11) of
Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be
construed to prevent a recipient of funds under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.) from
providing legal assistance directly related to an application
for emergency agricultural worker status.
(i) Application Fees.--
(1) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
(A) shall be charged for the filing of an application for
emergency agricultural worker status; and
(B) may be charged by qualified designated entities to help
defray the costs of services provided to such applicants.
(2) Prohibition on excess fees by qualified designated
entities.--A qualified designated entity may not charge any
fee in excess of, or in addition to, the fees authorized
under paragraph (1)(B) for services provided to applicants.
(3) Disposition of fees.--
(A) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the ``Agricultural Worker Immigration Status Adjustment
Account''. Notwithstanding any other provision of law, there
shall be deposited as offsetting receipts into the account
all fees collected under paragraph (1)(A).
(B) Use of fees for application processing.--Amounts
deposited in the ``Agricultural Worker Immigration Status
Adjustment Account'' shall remain available to the Secretary
until expended for processing applications for emergency
agricultural worker status.
SEC. 8014. WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN
GROUNDS FOR INADMISSIBILITY.
(a) Waiver of Certain Grounds of Inadmissibility.--In the
determination of an alien's eligibility for emergency
agricultural worker status, the following rules shall apply:
(1) Grounds of exclusion not applicable.--The provisions of
paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(2) Waiver of other grounds.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary may waive any other provision of such section
212(a) in the case of individual aliens for humanitarian
purposes, to ensure family unity, or if otherwise in the
public interest.
(B) Grounds that may not be waived.--Paragraphs (2)(A),
(2)(B), (2)(C), (2)(D), (2)(G), (2)(H), (2)(I), (3), and (4)
of such section 212(a) may not be waived by the Secretary
under subparagraph (A).
(C) Construction.--Nothing in this paragraph shall be
construed as affecting the authority of the Secretary other
than under this subparagraph to waive provisions of such
section 212(a).
(3) Special rule for determination of public charge.--An
alien is not ineligible for emergency agricultural worker
status by reason of a ground of inadmissibility under section
212(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4)) if the alien demonstrates a history of employment
in the United States evidencing self-support without reliance
on public cash assistance.
(b) Temporary Stay of Removal and Work Authorization for
Certain Applicants.--
(1) Before application period.--Effective on the date of
the enactment of this Act, an alien who is apprehended before
the beginning of the application period described in section
8011(a)(2) and who can establish a nonfrivolous case of
eligibility for emergency agricultural worker status (but for
the fact that the alien may not apply for such status until
the beginning of such period)--
(A) may not be removed until the alien has had the
opportunity during the first 30 days of the application
period to complete the filing of an application for such
status; and
(B) shall be granted authorization to engage in employment
in the United States and be provided an employment authorized
endorsement or other appropriate work permit for such
purpose.
(2) During application period.--An alien who presents a
nonfrivolous application for emergency agricultural worker
status during the application period described in section
8011(a)(2), including an alien who files such an application
not later than 30 days after the alien's apprehension--
(A) may not be removed until a final determination on the
application has been made in accordance with this section;
and
(B) shall be granted authorization to engage in employment
in the United States and be provided an employment authorized
endorsement or other appropriate work permit for such
purpose.
SEC. 8015. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) In General.--There shall be no administrative or
judicial review of a determination respecting an application
for emergency agricultural worker status under this title.
(b) Administrative Review.--
(1) Single level of administrative appellate review.--The
Secretary shall establish an appellate authority to provide
for a single level of administrative appellate review of such
a determination.
(2) Standard for review.--Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination on the
application and upon such additional or newly discovered
evidence as may not have been available at the time of the
determination.
(c) Judicial Review.--
(1) Limitation to review of removal.--There shall be
judicial review of such a determination only in the judicial
review of an order of removal under section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
(2) Standard for judicial review.--Such judicial review
shall be based solely upon the administrative record
established at the time of the review by the appellate
authority and the findings of fact and determinations
contained in such record shall be conclusive unless the
applicant can establish abuse of discretion or that the
findings are directly contrary to clear and convincing facts
contained in the record considered as a whole.
SEC. 8016. DISSEMINATION OF INFORMATION.
Beginning not later than the first day of the application
period described in section 8011(a)(2), the Secretary, in
cooperation with qualified designated entities (as that term
is defined in section 8013(b)), shall broadly disseminate
information respecting the benefits that aliens may receive
under this title and the requirements that an alien is
required to meet to receive such benefits.
SEC. 8017. RULEMAKING; EFFECTIVE DATE; AUTHORIZATION OF
APPROPRIATIONS.
(a) Rulemaking.--The Secretary shall issue regulations to
implement this title not later than the first day of the
seventh month that begins after the date of the enactment of
this Act.
(b) Effective Date.--Except as otherwise provided, this
title shall take effect on the date that regulations required
under subsection (a) are issued, regardless of whether such
regulations are issued on an interim basis or on any other
basis.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for fiscal years 2008 and
2009 such sums as may be necessary to implement this title.
SEC. 8018. PRECLUSION OF SOCIAL SECURITY CREDITS FOR PERIODS
WITHOUT WORK AUTHORIZATION.
(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by adding at the end the
following:
``(d)(1) Except as provided in paragraph (2), for purposes
of subsections (a) and (b), no quarter of coverage shall be
credited for any calendar year beginning on or after January
1, 2004, with respect to an individual granted emergency
agricultural worker status under section 8011 of the
Emergency Agriculture Relief Act of 2008, unless the
Commissioner of Social Security determines, on the basis of
information provided to the Commissioner in accordance with
an agreement under subsection (e) or otherwise, that the
individual was authorized to be employed in the United States
during such quarter.
``(2) Paragraph (1) shall not apply to an individual who
was assigned a social security account number before January
1, 2004.
[[Page S4652]]
``(e) Not later than 180 days after the date of the
enactment of this subsection, the Secretary of Homeland
Security shall enter into an agreement with the Commissioner
of Social Security to provide such information as the
Commissioner determines necessary to carry out the limitation
on crediting quarters of coverage under subsection (d).''.
(b) Benefit Computation.--Section 215(e) of the Social
Security Act (42 U.S.C. 415(e)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) in computing the average indexed monthly earnings of
an individual, wages or self-employment income shall not be
counted for any year for which no quarter of coverage may be
credited to such individual pursuant to section 214(d).''.
(c) Effective Date.--The amendments made by this section
shall apply to benefit applications filed on or after the
date that is 180 days after the date of the enactment of this
Act based on the wages or self-employment income of an
individual with respect to whom a primary insurance amount
has not been determined under title II of the Social Security
Act (42 U.S.C. 401 et seq.) before such date.
SEC. 8019. CORRECTION OF SOCIAL SECURITY RECORDS.
(a) In General.--Section 208(e)(1) of the Social Security
Act (42 U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted emergency agricultural worker status
under the Emergency Agriculture Relief Act of 2008,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred before the date on which
the alien was granted emergency agricultural worker
status.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the seventh month that
begins after the date of the enactment of this Act.
Subtitle B--H-2A Worker Program
SEC. 8021. REFORM OF H-2A WORKER PROGRAM.
(a) In General.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by
striking section 218 and inserting the following:
``SEC. 218. H-2A EMPLOYER APPLICATIONS.
``(a) Applications to the Secretary of Labor.--
``(1) In general.--No alien may be admitted to the United
States as an H-2A worker, or otherwise provided status as an
H-2A worker, unless the employer has filed with the Secretary
of Labor an application containing--
``(A) the assurances described in subsection (b);
``(B) a description of the nature and location of the work
to be performed;
``(C) the anticipated period (expected beginning and ending
dates) for which the workers will be needed; and
``(D) the number of job opportunities in which the employer
seeks to employ the workers.
``(2) Accompanied by job offer.--Each application filed
under paragraph (1) shall be accompanied by a copy of the job
offer describing the wages and other terms and conditions of
employment and the bona fide occupational qualifications that
shall be possessed by a worker to be employed in the job
opportunity in question.
``(b) Assurances for Inclusion in Applications.--The
assurances referred to in subsection (a)(1) are the
following:
``(1) Job opportunities covered by collective bargaining
agreements.--With respect to a job opportunity that is
covered under a collective bargaining agreement:
``(A) Union contract described.--The job opportunity is
covered by a union contract which was negotiated at arm's
length between a bona fide union and the employer.
``(B) Strike or lockout.--The specific job opportunity for
which the employer is requesting an H-2A worker is not vacant
because the former occupant is on strike or being locked out
in the course of a labor dispute.
``(C) Notification of bargaining representatives.--The
employer, at the time of filing the application, has provided
notice of the filing under this paragraph to the bargaining
representative of the employer's employees in the
occupational classification at the place or places of
employment for which aliens are sought.
``(D) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(E) Offers to united states workers.--The employer has
offered or will offer the job to any eligible United States
worker who applies and is equally or better qualified for the
job for which the nonimmigrant is, or the nonimmigrants are,
sought and who will be available at the time and place of
need.
``(F) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of, and in the course
of, the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(2) Job opportunities not covered by collective
bargaining agreements.--With respect to a job opportunity
that is not covered under a collective bargaining agreement:
``(A) Strike or lockout.--The specific job opportunity for
which the employer has applied for an H-2A worker is not
vacant because the former occupant is on strike or being
locked out in the course of a labor dispute.
``(B) Temporary or seasonal job opportunities.--The job
opportunity is temporary or seasonal.
``(C) Benefit, wage, and working conditions.--The employer
will provide, at a minimum, the benefits, wages, and working
conditions required by section 218A to all workers employed
in the job opportunities for which the employer has applied
for an H-2A worker under subsection (a) and to all other
workers in the same occupation at the place of employment.
``(D) Nondisplacement of united states workers.--The
employer did not displace and will not displace a United
States worker employed by the employer during the period of
employment and for a period of 30 days preceding the period
of employment in the occupation at the place of employment
for which the employer has applied for an H-2A worker.
``(E) Requirements for placement of the nonimmigrant with
other employers.--The employer will not place the
nonimmigrant with another employer unless--
``(i) the nonimmigrant performs duties in whole or in part
at 1 or more worksites owned, operated, or controlled by such
other employer;
``(ii) there are indicia of an employment relationship
between the nonimmigrant and such other employer; and
``(iii) the employer has inquired of the other employer as
to whether, and has no actual knowledge or notice that,
during the period of employment and for a period of 30 days
preceding the period of employment, the other employer has
displaced or intends to displace a United States worker
employed by the other employer in the occupation at the place
of employment for which the employer seeks approval to employ
H-2A workers.
``(F) Statement of liability.--The application form shall
include a clear statement explaining the liability under
subparagraph (E) of an employer if the other employer
described in such subparagraph displaces a United States
worker as described in such subparagraph.
``(G) Provision of insurance.--If the job opportunity is
not covered by the State workers' compensation law, the
employer will provide, at no cost to the worker, insurance
covering injury and disease arising out of and in the course
of the worker's employment which will provide benefits at
least equal to those provided under the State's workers'
compensation law for comparable employment.
``(H) Employment of united states workers.--
``(i) Recruitment.--The employer has taken or will take the
following steps to recruit United States workers for the job
opportunities for which the H-2A nonimmigrant is, or H-2A
nonimmigrants are, sought:
``(I) Contacting former workers.--The employer shall make
reasonable efforts through the sending of a letter by United
States Postal Service mail, or otherwise, to contact any
United States worker the employer employed during the
previous season in the occupation at the place of intended
employment for which the employer is applying for workers and
has made the availability of the employer's job opportunities
in the occupation at the place of intended employment known
to such previous workers, unless the worker was terminated
from employment by the employer for a lawful job-related
reason or abandoned the job before the worker completed the
period of employment of the job opportunity for which the
worker was hired.
``(II) Filing a job offer with the local office of the
state employment security agency.--Not later than 28 days
before the date on which the employer desires to employ an H-
2A worker in a temporary or seasonal agricultural job
opportunity, the employer shall submit a copy of the job
offer described in subsection (a)(2) to the local office of
the State employment security agency which serves the area of
intended employment and authorize the posting of the job
opportunity on `America's Job Bank' or other electronic job
registry, except that nothing in this subclause shall require
the employer to file an interstate job order under section
653 of title 20, Code of Federal Regulations.
``(III) Advertising of job opportunities.--Not later than
14 days before the date on which the employer desires to
employ an H-2A worker in a temporary or seasonal agricultural
job opportunity, the employer shall advertise the
availability of the job opportunities for which the employer
is seeking workers in a publication in the local labor market
that is likely to be patronized by potential farm workers.
``(IV) Emergency procedures.--The Secretary of Labor shall,
by regulation, provide a procedure for acceptance and
approval of applications in which the employer has not
[[Page S4653]]
complied with the provisions of this subparagraph because the
employer's need for H-2A workers could not reasonably have
been foreseen.
``(ii) Job offers.--The employer has offered or will offer
the job to any eligible United States worker who applies and
is equally or better qualified for the job for which the
nonimmigrant is, or nonimmigrants are, sought and who will be
available at the time and place of need.
``(iii) Period of employment.--The employer will provide
employment to any qualified United States worker who applies
to the employer during the period beginning on the date on
which the H-2A worker departs for the employer's place of
employment and ending on the date on which 50 percent of the
period of employment for which the H-2A worker who is in the
job was hired has elapsed, subject to the following
requirements:
``(I) Prohibition.--No person or entity shall willfully and
knowingly withhold United States workers before the arrival
of H-2A workers in order to force the hiring of United States
workers under this clause.
``(II) Complaints.--Upon receipt of a complaint by an
employer that a violation of subclause (I) has occurred, the
Secretary of Labor shall immediately investigate. The
Secretary of Labor shall, within 36 hours of the receipt of
the complaint, issue findings concerning the alleged
violation. If the Secretary of Labor finds that a violation
has occurred, the Secretary of Labor shall immediately
suspend the application of this clause with respect to that
certification for that date of need.
``(III) Placement of united states workers.--Before
referring a United States worker to an employer during the
period described in the matter preceding subclause (I), the
Secretary of Labor shall make all reasonable efforts to place
the United States worker in an open job acceptable to the
worker, if there are other job offers pending with the job
service that offer similar job opportunities in the area of
intended employment.
``(iv) Statutory construction.--Nothing in this
subparagraph shall be construed to prohibit an employer from
using such legitimate selection criteria relevant to the type
of job that are normal or customary to the type of job
involved so long as such criteria are not applied in a
discriminatory manner.
``(c) Applications by Associations on Behalf of Employer
Members.--
``(1) In general.--An agricultural association may file an
application under subsection (a) on behalf of 1 or more of
its employer members that the association certifies in its
application has or have agreed in writing to comply with the
requirements of this section and sections 218A, 218B, and
218C.
``(2) Treatment of associations acting as employers.--If an
association filing an application under paragraph (1) is a
joint or sole employer of the temporary or seasonal
agricultural workers requested on the application, the
certifications granted under subsection (e)(2)(B) to the
association may be used for the certified job opportunities
of any of its producer members named on the application, and
such workers may be transferred among such producer members
to perform the agricultural services of a temporary or
seasonal nature for which the certifications were granted.
``(d) Withdrawal of Applications.--
``(1) In general.--An employer may withdraw an application
filed pursuant to subsection (a), except that if the employer
is an agricultural association, the association may withdraw
an application filed pursuant to subsection (a) with respect
to 1 or more of its members. To withdraw an application, the
employer or association shall notify the Secretary of Labor
in writing, and the Secretary of Labor shall acknowledge in
writing the receipt of such withdrawal notice. An employer
who withdraws an application under subsection (a), or on
whose behalf an application is withdrawn, is relieved of the
obligations undertaken in the application.
``(2) Limitation.--An application may not be withdrawn
while any alien provided status under section
101(a)(15)(H)(ii)(a) pursuant to such application is employed
by the employer.
``(3) Obligations under other statutes.--Any obligation
incurred by an employer under any other law or regulation as
a result of the recruitment of United States workers or H-2A
workers under an offer of terms and conditions of employment
required as a result of making an application under
subsection (a) is unaffected by withdrawal of such
application.
``(e) Review and Approval of Applications.--
``(1) Responsibility of employers.--The employer shall make
available for public examination, within 1 working day after
the date on which an application under subsection (a) is
filed, at the employer's principal place of business or
worksite, a copy of each such application (and such
accompanying documents as are necessary).
``(2) Responsibility of the secretary of labor.--
``(A) Compilation of list.--The Secretary of Labor shall
compile, on a current basis, a list (by employer and by
occupational classification) of the applications filed under
subsection (a). Such list shall include the wage rate, number
of workers sought, period of intended employment, and date of
need. The Secretary of Labor shall make such list available
for examination in the District of Columbia.
``(B) Review of applications.--The Secretary of Labor shall
review such an application only for completeness and obvious
inaccuracies. Unless the Secretary of Labor finds that the
application is incomplete or obviously inaccurate, the
Secretary of Labor shall certify that the intending employer
has filed with the Secretary of Labor an application as
described in subsection (a). Such certification shall be
provided within 7 days of the filing of the application.''
``SEC. 218A. H-2A WORKER EMPLOYMENT REQUIREMENTS.
``(a) Preferential Treatment of Aliens Prohibited.--
Employers seeking to hire United States workers shall offer
the United States workers no less than the same benefits,
wages, and working conditions that the employer is offering,
intends to offer, or will provide to H-2A workers.
Conversely, no job offer may impose on United States workers
any restrictions or obligations which will not be imposed on
the employer's H-2A workers.
``(b) Minimum Benefits, Wages, and Working Conditions.--
Except in cases where higher benefits, wages, or working
conditions are required by the provisions of subsection (a),
in order to protect similarly employed United States workers
from adverse effects with respect to benefits, wages, and
working conditions, every job offer which shall accompany an
application under section 218(b)(2) shall include each of the
following benefit, wage, and working condition provisions:
``(1) Requirement to provide housing or a housing
allowance.--
``(A) In general.--An employer applying under section
218(a) for H-2A workers shall offer to provide housing at no
cost to all workers in job opportunities for which the
employer has applied under that section and to all other
workers in the same occupation at the place of employment,
whose place of residence is beyond normal commuting distance.
``(B) Type of housing.--In complying with subparagraph (A),
an employer may, at the employer's election, provide housing
that meets applicable Federal standards for temporary labor
camps or secure housing that meets applicable local standards
for rental or public accommodation housing or other
substantially similar class of habitation, or in the absence
of applicable local standards, State standards for rental or
public accommodation housing or other substantially similar
class of habitation. In the absence of applicable local or
State standards, Federal temporary labor camp standards shall
apply.
``(C) Family housing.--If it is the prevailing practice in
the occupation and area of intended employment to provide
family housing, family housing shall be provided to workers
with families who request it.
``(D) Workers engaged in the range production of
livestock.--The Secretary of Labor shall issue regulations
that address the specific requirements for the provision of
housing to workers engaged in the range production of
livestock.
``(E) Limitation.--Nothing in this paragraph shall be
construed to require an employer to provide or secure housing
for persons who were not entitled to such housing under the
temporary labor certification regulations in effect on June
1, 1986.
``(F) Charges for housing.--
``(i) Charges for public housing.--If public housing
provided for migrant agricultural workers under the auspices
of a local, county, or State government is secured by an
employer, and use of the public housing unit normally
requires charges from migrant workers, such charges shall be
paid by the employer directly to the appropriate individual
or entity affiliated with the housing's management.
``(ii) Deposit charges.--Charges in the form of deposits
for bedding or other similar incidentals related to housing
shall not be levied upon workers by employers who provide
housing for their workers. An employer may require a worker
found to have been responsible for damage to such housing
which is not the result of normal wear and tear related to
habitation to reimburse the employer for the reasonable cost
of repair of such damage.
``(G) Housing allowance as alternative.--
``(i) In general.--If the requirement set out in clause
(ii) is satisfied, the employer may provide a reasonable
housing allowance instead of offering housing under
subparagraph (A). Upon the request of a worker seeking
assistance in locating housing, the employer shall make a
good faith effort to assist the worker in identifying and
locating housing in the area of intended employment. An
employer who offers a housing allowance to a worker, or
assists a worker in locating housing which the worker
occupies, pursuant to this clause shall not be deemed a
housing provider under section 203 of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823)
solely by virtue of providing such housing allowance. No
housing allowance may be used for housing which is owned or
controlled by the employer.
``(ii) Certification.--The requirement of this clause is
satisfied if the Governor of the State certifies to the
Secretary of Labor that there is adequate housing available
in the area of intended employment for migrant farm workers
and H-2A workers who are seeking temporary housing while
employed in agricultural work. Such certification shall
expire after 3 years unless renewed by the Governor of the
State.
[[Page S4654]]
``(iii) Amount of allowance.--
``(I) Nonmetropolitan counties.--If the place of employment
of the workers provided an allowance under this subparagraph
is a nonmetropolitan county, the amount of the housing
allowance under this subparagraph shall be equal to the
statewide average fair market rental for existing housing for
nonmetropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an
assumption of 2 persons per bedroom.
``(II) Metropolitan counties.--If the place of employment
of the workers provided an allowance under this paragraph is
in a metropolitan county, the amount of the housing allowance
under this subparagraph shall be equal to the statewide
average fair market rental for existing housing for
metropolitan counties for the State, as established by the
Secretary of Housing and Urban Development pursuant to
section 8(c) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an
assumption of 2 persons per bedroom.
``(2) Reimbursement of transportation.--
``(A) To place of employment.--A worker who completes 50
percent of the period of employment of the job opportunity
for which the worker was hired shall be reimbursed by the
employer for the cost of the worker's transportation and
subsistence from the place from which the worker came to work
for the employer (or place of last employment, if the worker
traveled from such place) to the place of employment.
``(B) From place of employment.--A worker who completes the
period of employment for the job opportunity involved shall
be reimbursed by the employer for the cost of the worker's
transportation and subsistence from the place of employment
to the place from which the worker, disregarding intervening
employment, came to work for the employer, or to the place of
next employment, if the worker has contracted with a
subsequent employer who has not agreed to provide or pay for
the worker's transportation and subsistence to such
subsequent employer's place of employment.
``(C) Limitation.--
``(i) Amount of reimbursement.--Except as provided in
clause (ii), the amount of reimbursement provided under
subparagraph (A) or (B) to a worker or alien shall not exceed
the lesser of--
``(I) the actual cost to the worker or alien of the
transportation and subsistence involved; or
``(II) the most economical and reasonable common carrier
transportation charges and subsistence costs for the distance
involved.
``(ii) Distance traveled.--No reimbursement under
subparagraph (A) or (B) shall be required if the distance
traveled is 100 miles or less, or the worker is not residing
in employer-provided housing or housing secured through an
allowance as provided in paragraph (1)(G).
``(D) Early termination.--If the worker is laid off or
employment is terminated for contract impossibility (as
described in paragraph (4)(D)) before the anticipated ending
date of employment, the employer shall provide the
transportation and subsistence required by subparagraph (B)
and, notwithstanding whether the worker has completed 50
percent of the period of employment, shall provide the
transportation reimbursement required by subparagraph (A).
``(E) Transportation between living quarters and
worksite.--The employer shall provide transportation between
the worker's living quarters and the employer's worksite
without cost to the worker, and such transportation will be
in accordance with applicable laws and regulations.
``(3) Required wages.--
``(A) In general.--An employer applying for workers under
section 218(a) shall offer to pay, and shall pay, all workers
in the occupation for which the employer has applied for
workers, not less (and is not required to pay more) than the
greater of the prevailing wage in the occupation in the area
of intended employment or the adverse effect wage rate. No
worker shall be paid less than the greater of the hourly wage
prescribed under section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State
minimum wage.
``(B) Limitation.--Effective on the date of the enactment
of the Emergency Agriculture Relief Act of 2008 and
continuing for 3 years thereafter, no adverse effect wage
rate for a State may be more than the adverse effect wage
rate for that State in effect on January 1, 2008, as
established by section 655.107 of title 20, Code of Federal
Regulations.
``(C) Required wages after 3-year freeze.--If Congress does
not set a new wage standard applicable to this section before
March 1, 2012, the adverse effect wage rate for each State
beginning on March 1, 2012 shall be the wage rate that would
have resulted under the methodology in effect on January 1,
2008.
``(D) Deductions.--The employer shall make only those
deductions from the worker's wages that are authorized by law
or are reasonable and customary in the occupation and area of
employment. The job offer shall specify all deductions not
required by law which the employer will make from the
worker's wages.
``(E) Frequency of pay.--The employer shall pay the worker
not less frequently than twice monthly, or in accordance with
the prevailing practice in the area of employment, whichever
is more frequent.
``(F) Hours and earnings statements.--The employer shall
furnish to the worker, on or before each payday, in 1 or more
written statements--
``(i) the worker's total earnings for the pay period;
``(ii) the worker's hourly rate of pay, piece rate of pay,
or both;
``(iii) the hours of employment which have been offered to
the worker (broken out by hours offered in accordance with
and over and above the \3/4\ guarantee described in paragraph
(4);
``(iv) the hours actually worked by the worker;
``(v) an itemization of the deductions made from the
worker's wages; and
``(vi) if piece rates of pay are used, the units produced
daily.
``(G) Report on wage protections.--Not later than December
31, 2010, the Comptroller General of the United States shall
prepare and transmit to the Secretary of Labor, the Committee
on the Judiciary of the Senate, and Committee on the
Judiciary of the House of Representatives, a report that
addresses--
``(i) whether the employment of H-2A or unauthorized aliens
in the United States agricultural workforce has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(ii) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(iii) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(iv) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage; and
``(v) recommendations for future wage protection under this
section.
``(H) Commission on wage standards.--
``(i) Establishment.--There is established the Commission
on Agricultural Wage Standards under the H-2A program (in
this subparagraph referred to as the `Commission').
``(ii) Composition.--The Commission shall consist of 10
members as follows:
``(I) Four representatives of agricultural employers and 1
representative of the Department of Agriculture, each
appointed by the Secretary of Agriculture.
``(II) Four representatives of agricultural workers and 1
representative of the Department of Labor, each appointed by
the Secretary of Labor.
``(iii) Functions.--The Commission shall conduct a study
that shall address--
``(I) whether the employment of H-2A or unauthorized aliens
in the United States agricultural workforce has depressed
United States farm worker wages below the levels that would
otherwise have prevailed if alien farm workers had not been
employed in the United States;
``(II) whether an adverse effect wage rate is necessary to
prevent wages of United States farm workers in occupations in
which H-2A workers are employed from falling below the wage
levels that would have prevailed in the absence of the
employment of H-2A workers in those occupations;
``(III) whether alternative wage standards, such as a
prevailing wage standard, would be sufficient to prevent
wages in occupations in which H-2A workers are employed from
falling below the wage level that would have prevailed in the
absence of H-2A employment;
``(IV) whether any changes are warranted in the current
methodologies for calculating the adverse effect wage rate
and the prevailing wage rate; and
``(V) recommendations for future wage protection under this
section.
``(iv) Final report.--Not later than December 31, 2010, the
Commission shall submit a report to the Congress setting
forth the findings of the study conducted under clause (iii).
``(v) Termination date.--The Commission shall terminate
upon submitting its final report.
``(4) Guarantee of employment.--
``(A) Offer to worker.--The employer shall guarantee to
offer the worker employment for the hourly equivalent of at
least \3/4\ of the work days of the total period of
employment, beginning with the first work day after the
arrival of the worker at the place of employment and ending
on the expiration date specified in the job offer. For
purposes of this subparagraph, the hourly equivalent means
the number of hours in the work days as stated in the job
offer and shall exclude the worker's Sabbath and Federal
holidays. If the employer affords the United States or H-2A
worker less employment than that required under this
paragraph, the employer shall pay such worker the amount
which the worker would have earned had the worker, in fact,
worked for the guaranteed number of hours.
``(B) Failure to work.--Any hours which the worker fails to
work, up to a maximum of the number of hours specified in the
job offer for a work day, when the worker has
[[Page S4655]]
been offered an opportunity to do so, and all hours of work
actually performed (including voluntary work in excess of the
number of hours specified in the job offer in a work day, on
the worker's Sabbath, or on Federal holidays) may be counted
by the employer in calculating whether the period of
guaranteed employment has been met.
``(C) Abandonment of employment, termination for cause.--If
the worker voluntarily abandons employment before the end of
the contract period, or is terminated for cause, the worker
is not entitled to the `\3/4\ guarantee' described in
subparagraph (A).
``(D) Contract impossibility.--If, before the expiration of
the period of employment specified in the job offer, the
services of the worker are no longer required for reasons
beyond the control of the employer due to any form of natural
disaster, including a flood, hurricane, freeze, earthquake,
fire, drought, plant or animal disease or pest infestation,
or regulatory drought, before the guarantee in subparagraph
(A) is fulfilled, the employer may terminate the worker's
employment. In the event of such termination, the employer
shall fulfill the employment guarantee in subparagraph (A)
for the work days that have elapsed from the first work day
after the arrival of the worker to the termination of
employment. In such cases, the employer will make efforts to
transfer the United States worker to other comparable
employment acceptable to the worker. If such transfer is not
effected, the employer shall provide the return
transportation required in paragraph (2)(D).
``(5) Motor vehicle safety.--
``(A) Mode of transportation subject to coverage.--
``(i) In general.--Except as provided in clauses (iii) and
(iv), this subsection applies to any H-2A employer that uses
or causes to be used any vehicle to transport an H-2A worker
within the United States.
``(ii) Defined term.--In this paragraph, the term `uses or
causes to be used'--
``(I) applies only to transportation provided by an H-2A
employer to an H-2A worker, or by a farm labor contractor to
an H-2A worker at the request or direction of an H-2A
employer; and
``(II) does not apply to--
``(aa) transportation provided, or transportation
arrangements made, by an H-2A worker, unless the employer
specifically requested or arranged such transportation; or
``(bb) car pooling arrangements made by H-2A workers
themselves, using 1 of the workers' own vehicles, unless
specifically requested by the employer directly or through a
farm labor contractor.
``(iii) Clarification.--Providing a job offer to an H-2A
worker that causes the worker to travel to or from the place
of employment, or the payment or reimbursement of the
transportation costs of an H-2A worker by an H-2A employer,
shall not constitute an arrangement of, or participation in,
such transportation.
``(iv) Agricultural machinery and equipment excluded.--This
subsection does not apply to the transportation of an H-2A
worker on a tractor, combine, harvester, picker, or other
similar machinery or equipment while such worker is actually
engaged in the planting, cultivating, or harvesting of
agricultural commodities or the care of livestock or poultry
or engaged in transportation incidental thereto.
``(v) Common carriers excluded.--This subsection does not
apply to common carrier motor vehicle transportation in which
the provider holds itself out to the general public as
engaging in the transportation of passengers for hire and
holds a valid certification of authorization for such
purposes from an appropriate Federal, State, or local agency.
``(B) Applicability of standards, licensing, and insurance
requirements.--
``(i) In general.--When using, or causing to be used, any
vehicle for the purpose of providing transportation to which
this subparagraph applies, each employer shall--
``(I) ensure that each such vehicle conforms to the
standards prescribed by the Secretary of Labor under section
401(b) of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1841(b)) and other applicable
Federal and State safety standards;
``(II) ensure that each driver has a valid and appropriate
license, as provided by State law, to operate the vehicle;
and
``(III) have an insurance policy or a liability bond that
is in effect which insures the employer against liability for
damage to persons or property arising from the ownership,
operation, or causing to be operated, of any vehicle used to
transport any H-2A worker.
``(ii) Amount of insurance required.--The level of
insurance required shall be determined by the Secretary of
Labor pursuant to regulations to be issued under this
subsection.
``(iii) Effect of workers' compensation coverage.--If the
employer of any H-2A worker provides workers' compensation
coverage for such worker in the case of bodily injury or
death as provided by State law, the following adjustments in
the requirements of subparagraph (B)(i)(III) relating to
having an insurance policy or liability bond apply:
``(I) No insurance policy or liability bond shall be
required of the employer, if such workers are transported
only under circumstances for which there is coverage under
such State law.
``(II) An insurance policy or liability bond shall be
required of the employer for circumstances under which
coverage for the transportation of such workers is not
provided under such State law.
``(c) Compliance With Labor Laws.--An employer shall assure
that, except as otherwise provided in this section, the
employer will comply with all applicable Federal, State, and
local labor laws, including laws affecting migrant and
seasonal agricultural workers, with respect to all United
States workers and alien workers employed by the employer,
except that a violation of this assurance shall not
constitute a violation of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
``(d) Copy of Job Offer.--The employer shall provide to the
worker, not later than the day the work commences, a copy of
the employer's application and job offer described in section
218(a), or, if the employer will require the worker to enter
into a separate employment contract covering the employment
in question, such separate employment contract.
``(e) Range Production of Livestock.--Nothing in this
section, section 218, or section 218B shall preclude the
Secretary of Labor and the Secretary from continuing to apply
special procedures and requirements to the admission and
employment of aliens in occupations involving the range
production of livestock.
``SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF
H-2A WORKERS.
``(a) Petitioning for Admission.--An employer, or an
association acting as an agent or joint employer for its
members, that seeks the admission into the United States of
an H-2A worker may file a petition with the Secretary. The
petition shall be accompanied by an accepted and currently
valid certification provided by the Secretary of Labor under
section 218(e)(2)(B) covering the petitioner.
``(b) Expedited Adjudication by the Secretary.--The
Secretary shall establish a procedure for expedited
adjudication of petitions filed under subsection (a) and
within 7 working days shall, by fax, cable, or other means
assuring expedited delivery, transmit a copy of notice of
action on the petition to the petitioner and, in the case of
approved petitions, to the appropriate immigration officer at
the port of entry or United States consulate (as the case may
be) where the petitioner has indicated that the alien
beneficiary (or beneficiaries) will apply for a visa or
admission to the United States.
``(c) Criteria for Admissibility.--
``(1) In general.--An H-2A worker shall be considered
admissible to the United States if the alien is otherwise
admissible under this section, section 218, and section 218A,
and the alien is not ineligible under paragraph (2).
``(2) Disqualification.--An alien shall be considered
inadmissible to the United States and ineligible for
nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the
alien has, at any time during the past 5 years--
``(A) violated a material provision of this section,
including the requirement to promptly depart the United
States when the alien's authorized period of admission under
this section has expired; or
``(B) otherwise violated a term or condition of admission
into the United States as a nonimmigrant, including
overstaying the period of authorized admission as such a
nonimmigrant.
``(3) Waiver of ineligibility for unlawful presence.--
``(A) In general.--An alien who has not previously been
admitted into the United States pursuant to this section, and
who is otherwise eligible for admission in accordance with
paragraphs (1) and (2), shall not be deemed inadmissible by
virtue of section 212(a)(9)(B). If an alien described in the
preceding sentence is present in the United States, the alien
may apply from abroad for H-2A status, but may not be granted
that status in the United States.
``(B) Maintenance of waiver.--An alien provided an initial
waiver of ineligibility pursuant to subparagraph (A) shall
remain eligible for such waiver unless the alien violates the
terms of this section or again becomes ineligible under
section 212(a)(9)(B) by virtue of unlawful presence in the
United States after the date of the initial waiver of
ineligibility pursuant to subparagraph (A).
``(d) Period of Admission.--
``(1) In general.--The alien shall be admitted for the
period of employment in the application certified by the
Secretary of Labor pursuant to section 218(e)(2)(B), not to
exceed 10 months, supplemented by a period of not more than 1
week before the beginning of the period of employment for the
purpose of travel to the worksite and a period of 14 days
following the period of employment for the purpose of
departure or extension based on a subsequent offer of
employment, except that--
``(A) the alien is not authorized to be employed during
such 14-day period except in the employment for which the
alien was previously authorized; and
``(B) the total period of employment, including such 14-day
period, may not exceed 10 months.
``(2) Construction.--Nothing in this subsection shall limit
the authority of the Secretary to extend the stay of the
alien under any other provision of this Act.
``(e) Abandonment of Employment.--
``(1) In general.--An alien admitted or provided status
under section
[[Page S4656]]
101(a)(15)(H)(ii)(a) who abandons the employment which was
the basis for such admission or status shall be considered to
have failed to maintain nonimmigrant status as an H-2A worker
and shall depart the United States or be subject to removal
under section 237(a)(1)(C)(i).
``(2) Report by employer.--The employer, or association
acting as agent for the employer, shall notify the Secretary
not later than 7 days after an H-2A worker prematurely
abandons employment.
``(3) Removal by the secretary.--The Secretary shall
promptly remove from the United States any H-2A worker who
violates any term or condition of the worker's nonimmigrant
status.
``(4) Voluntary termination.--Notwithstanding paragraph
(1), an alien may voluntarily terminate his or her employment
if the alien promptly departs the United States upon
termination of such employment.
``(f) Replacement of Alien.--
``(1) In general.--Upon presentation of the notice to the
Secretary required by subsection (e)(2), the Secretary of
State shall promptly issue a visa to, and the Secretary shall
admit into the United States, an eligible alien designated by
the employer to replace an H-2A worker--
``(A) who abandons or prematurely terminates employment; or
``(B) whose employment is terminated after a United States
worker is employed pursuant to section 218(b)(2)(H)(iii), if
the United States worker voluntarily departs before the end
of the period of intended employment or if the employment
termination is for a lawful job-related reason.
``(2) Construction.--Nothing in this subsection is intended
to limit any preference required to be accorded United States
workers under any other provision of this Act.
``(g) Identification Document.--
``(1) In general.--Each alien authorized to be admitted
under section 101(a)(15)(H)(ii)(a) shall be provided an
identification and employment eligibility document to verify
eligibility for employment in the United States and verify
the alien's identity.
``(2) Requirements.--No identification and employment
eligibility document may be issued which does not meet the
following requirements:
``(A) The document shall be capable of reliably determining
whether--
``(i) the individual with the identification and employment
eligibility document whose eligibility is being verified is
in fact eligible for employment;
``(ii) the individual whose eligibility is being verified
is claiming the identity of another person; and
``(iii) the individual whose eligibility is being verified
is authorized to be admitted into, and employed in, the
United States as an H-2A worker.
``(B) The document shall be in a form that is resistant to
counterfeiting and to tampering.
``(C) The document shall--
``(i) be compatible with other databases of the Secretary
for the purpose of excluding aliens from benefits for which
they are not eligible and determining whether the alien is
unlawfully present in the United States; and
``(ii) be compatible with law enforcement databases to
determine if the alien has been convicted of criminal
offenses.
``(h) Extension of Stay of H-2A Aliens in the United
States.--
``(1) Extension of stay.--If an employer seeks approval to
employ an H-2A alien who is lawfully present in the United
States, the petition filed by the employer or an association
pursuant to subsection (a), shall request an extension of the
alien's stay and a change in the alien's employment.
``(2) Limitation on filing a petition for extension of
stay.--A petition may not be filed for an extension of an
alien's stay--
``(A) for a period of more than 10 months; or
``(B) to a date that is more than 3 years after the date of
the alien's last admission to the United States under this
section.
``(3) Work authorization upon filing a petition for
extension of stay.--
``(A) In general.--An alien who is lawfully present in the
United States may commence the employment described in a
petition under paragraph (1) on the date on which the
petition is filed.
``(B) Definition.--For purposes of subparagraph (A), the
term `file' means sending the petition by certified mail via
the United States Postal Service, return receipt requested,
or delivered by guaranteed commercial delivery which will
provide the employer with a documented acknowledgment of the
date of receipt of the petition.
``(C) Handling of petition.--The employer shall provide a
copy of the employer's petition to the alien, who shall keep
the petition with the alien's identification and employment
eligibility document as evidence that the petition has been
filed and that the alien is authorized to work in the United
States.
``(D) Approval of petition.--Upon approval of a petition
for an extension of stay or change in the alien's authorized
employment, the Secretary shall provide a new or updated
employment eligibility document to the alien indicating the
new validity date, after which the alien is not required to
retain a copy of the petition.
``(4) Limitation on employment authorization of aliens
without valid identification and employment eligibility
document.--An expired identification and employment
eligibility document, together with a copy of a petition for
extension of stay or change in the alien's authorized
employment that complies with the requirements of paragraph
(1), shall constitute a valid work authorization document for
a period of not more than 60 days beginning on the date on
which such petition is filed, after which time only a
currently valid identification and employment eligibility
document shall be acceptable.
``(5) Limitation on an individual's stay in status.--
``(A) Maximum period.--The maximum continuous period of
authorized status as an H-2A worker (including any
extensions) is 3 years.
``(B) Requirement to remain outside the united states.--
``(i) In general.--Subject to clause (ii), in the case of
an alien outside the United States whose period of authorized
status as an H-2A worker (including any extensions) has
expired, the alien may not again apply for admission to the
United States as an H-2A worker unless the alien has remained
outside the United States for a continuous period equal to at
least \1/5\ the duration of the alien's previous period of
authorized status as an H-2A worker (including any
extensions).
``(ii) Exception.--Clause (i) shall not apply in the case
of an alien if the alien's period of authorized status as an
H-2A worker (including any extensions) was for a period of
not more than 10 months and such alien has been outside the
United States for at least 2 months during the 12 months
preceding the date the alien again is applying for admission
to the United States as an H-2A worker.
``(i) Special Rules for Aliens Employed as Sheepherders,
Goat Herders, Dairy Workers, or Horse Workers.--
Notwithstanding any provision of the Emergency Agriculture
Relief Act of 2008, an alien admitted under section
101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat
herder, dairy worker, or horse worker--
``(1) may be admitted for an initial period of 12 months;
``(2) subject to subsection (j)(5), may have such initial
period of admission extended for a period of up to 3 years;
and
``(3) shall not be subject to the requirements of
subsection (h)(5) (relating to periods of absence from the
United States).
``(j) Adjustment to Lawful Permanent Resident Status for
Aliens Employed as Sheepherders, Goat Herders, Dairy Workers,
or Horse Workers.--
``(1) Eligible alien.--For purposes of this subsection, the
term `eligible alien' means an alien--
``(A) having nonimmigrant status under section
101(a)(15)(H)(ii)(a) based on employment as a sheepherder,
goat herder, dairy worker, or horse worker;
``(B) who has maintained such nonimmigrant status in the
United States for a cumulative total of 36 months (excluding
any period of absence from the United States); and
``(C) who is seeking to receive an immigrant visa under
section 203(b)(3)(A)(iii).
``(2) Classification petition.--In the case of an eligible
alien, the petition under section 204 for classification
under section 203(b)(3)(A)(iii) may be filed by--
``(A) the alien's employer on behalf of the eligible alien;
or
``(B) the eligible alien.
``(3) No labor certification required.--Notwithstanding
section 203(b)(3)(C), no determination under section
212(a)(5)(A) is required with respect to an immigrant visa
described in paragraph (1)(C) for an eligible alien.
``(4) Effect of petition.--The filing of a petition
described in paragraph (2) or an application for adjustment
of status based on the approval of such a petition shall not
constitute evidence of an alien's ineligibility for
nonimmigrant status under section 101(a)(15)(H)(ii)(a).
``(5) Extension of stay.--The Secretary shall extend the
stay of an eligible alien having a pending or approved
classification petition described in paragraph (2) in 1-year
increments until a final determination is made on the alien's
eligibility for adjustment of status to that of an alien
lawfully admitted for permanent residence.
``(6) Construction.--Nothing in this subsection shall be
construed to prevent an eligible alien from seeking
adjustment of status in accordance with any other provision
of law.
``SEC. 218C. WORKER PROTECTIONS AND LABOR STANDARDS
ENFORCEMENT.
``(a) Enforcement Authority.--
``(1) Investigation of complaints.--
``(A) Aggrieved person or third-party complaints.--The
Secretary of Labor shall establish a process for the receipt,
investigation, and disposition of complaints respecting a
petitioner's failure to meet a condition specified in section
218(b), or an employer's misrepresentation of material facts
in an application under section 218(a). Complaints may be
filed by any aggrieved person or organization (including
bargaining representatives). No investigation or hearing
shall be conducted on a complaint concerning such a failure
or misrepresentation unless the complaint was filed not later
than 12 months after the date of the failure, or
misrepresentation, respectively. The Secretary of Labor shall
conduct an investigation under this subparagraph if there is
reasonable cause to believe that such a failure or
misrepresentation has occurred.
``(B) Determination on complaint.--Under such process, the
Secretary of Labor shall provide, within 30 days after the
date such a
[[Page S4657]]
complaint is filed, for a determination as to whether or not
a reasonable basis exists to make a finding described in
subparagraph (C), (D), (E), or (G). If the Secretary of Labor
determines that such a reasonable basis exists, the Secretary
of Labor shall provide for notice of such determination to
the interested parties and an opportunity for a hearing on
the complaint, in accordance with section 556 of title 5,
United States Code, within 60 days after the date of the
determination. If such a hearing is requested, the Secretary
of Labor shall make a finding concerning the matter not later
than 60 days after the date of the hearing. In the case of
similar complaints respecting the same applicant, the
Secretary of Labor may consolidate the hearings under this
subparagraph on such complaints.
``(C) Failures to meet conditions.--If the Secretary of
Labor finds, after notice and opportunity for a hearing, a
failure to meet a condition of paragraph (1)(A), (1)(B),
(1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b),
a substantial failure to meet a condition of paragraph
(1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section
218(b), or a material misrepresentation of fact in an
application under section 218(a)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $1,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of aliens described in section
101(a)(15)(H)(ii)(a) for a period of 1 year.
``(D) Willful failures and willful misrepresentations.--If
the Secretary of Labor finds, after notice and opportunity
for hearing, a willful failure to meet a condition of section
218(b), a willful misrepresentation of a material fact in an
application under section 218(a), or a violation of
subsection (d)(1)--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $5,000 per violation) as the
Secretary of Labor determines to be appropriate;
``(ii) the Secretary of Labor may seek appropriate legal or
equitable relief to effectuate the purposes of subsection
(d)(1); and
``(iii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 2 years.
``(E) Displacement of united states workers.--If the
Secretary of Labor finds, after notice and opportunity for
hearing, a willful failure to meet a condition of section
218(b) or a willful misrepresentation of a material fact in
an application under section 218(a), in the course of which
failure or misrepresentation the employer displaced a United
States worker employed by the employer during the period of
employment on the employer's application under section 218(a)
or during the period of 30 days preceding such period of
employment--
``(i) the Secretary of Labor shall notify the Secretary of
such finding and may, in addition, impose such other
administrative remedies (including civil money penalties in
an amount not to exceed $15,000 per violation) as the
Secretary of Labor determines to be appropriate; and
``(ii) the Secretary may disqualify the employer from the
employment of H-2A workers for a period of 3 years.
``(F) Limitations on civil money penalties.--The Secretary
of Labor shall not impose total civil money penalties with
respect to an application under section 218(a) in excess of
$90,000.
``(G) Failures to pay wages or required benefits.--If the
Secretary of Labor finds, after notice and opportunity for a
hearing, that the employer has failed to pay the wages, or
provide the housing allowance, transportation, subsistence
reimbursement, or guarantee of employment, required under
section 218A(b), the Secretary of Labor shall assess payment
of back wages, or other required benefits, due any United
States worker or H-2A worker employed by the employer in the
specific employment in question. The back wages or other
required benefits under section 218A(b) shall be equal to the
difference between the amount that should have been paid and
the amount that actually was paid to such worker.
``(2) Statutory construction.--Nothing in this section
shall be construed as limiting the authority of the Secretary
of Labor to conduct any compliance investigation under any
other labor law, including any law affecting migrant and
seasonal agricultural workers, or, in the absence of a
complaint under this section, under section 218 or 218A.
``(b) Rights Enforceable by Private Right of Action.--H-2A
workers may enforce the following rights through the private
right of action provided in subsection (c), and no other
right of action shall exist under Federal or State law to
enforce such rights:
``(1) The providing of housing or a housing allowance as
required under section 218A(b)(1).
``(2) The reimbursement of transportation as required under
section 218A(b)(2).
``(3) The payment of wages required under section
218A(b)(3) when due.
``(4) The benefits and material terms and conditions of
employment expressly provided in the job offer described in
section 218(a)(2), not including the assurance to comply with
other Federal, State, and local labor laws described in
section 218A(c), compliance with which shall be governed by
the provisions of such laws.
``(5) The guarantee of employment required under section
218A(b)(4).
``(6) The motor vehicle safety requirements under section
218A(b)(5).
``(7) The prohibition of discrimination under subsection
(d)(2).
``(c) Private Right of Action.--
``(1) Mediation.--Upon the filing of a complaint by an H-2A
worker aggrieved by a violation of rights enforceable under
subsection (b), and within 60 days of the filing of proof of
service of the complaint, a party to the action may file a
request with the Federal Mediation and Conciliation Service
to assist the parties in reaching a satisfactory resolution
of all issues involving all parties to the dispute. Upon a
filing of such request and giving of notice to the parties,
the parties shall attempt mediation within the period
specified in subparagraph (B).
``(A) Mediation services.--The Federal Mediation and
Conciliation Service shall be available to assist in
resolving disputes arising under subsection (b) between H-2A
workers and agricultural employers without charge to the
parties.
``(B) 90-day limit.--The Federal Mediation and Conciliation
Service may conduct mediation or other nonbinding dispute
resolution activities for a period not to exceed 90 days
beginning on the date on which the Federal Mediation and
Conciliation Service receives the request for assistance
unless the parties agree to an extension of this period of
time.
``(C) Authorization.--
``(i) In general.--Subject to clause (ii), there are
authorized to be appropriated to the Federal Mediation and
Conciliation Service $500,000 for each fiscal year to carry
out this section.
``(ii) Mediation.--Notwithstanding any other provision of
law, the Director of the Federal Mediation and Conciliation
Service is authorized to conduct the mediation or other
dispute resolution activities from any other appropriated
funds available to the Director and to reimburse such
appropriated funds when the funds are appropriated pursuant
to this authorization, such reimbursement to be credited to
appropriations currently available at the time of receipt.
``(2) Maintenance of civil action in district court by
aggrieved person.--An H-2A worker aggrieved by a violation of
rights enforceable under subsection (b) by an agricultural
employer or other person may file suit in any district court
of the United States having jurisdiction over the parties,
without regard to the amount in controversy, without regard
to the citizenship of the parties, and without regard to the
exhaustion of any alternative administrative remedies under
this Act, not later than 3 years after the date the violation
occurs.
``(3) Election.--An H-2A worker who has filed an
administrative complaint with the Secretary of Labor may not
maintain a civil action under paragraph (2) unless a
complaint based on the same violation filed with the
Secretary of Labor under subsection (a)(1) is withdrawn
before the filing of such action, in which case the rights
and remedies available under this subsection shall be
exclusive.
``(4) Preemption of state contract rights.--Nothing in this
Act shall be construed to diminish the rights and remedies of
an H-2A worker under any other Federal or State law or
regulation or under any collective bargaining agreement,
except that no court or administrative action shall be
available under any State contract law to enforce the rights
created by this Act.
``(5) Waiver of rights prohibited.--Agreements by employees
purporting to waive or modify their rights under this Act
shall be void as contrary to public policy, except that a
waiver or modification of the rights or obligations in favor
of the Secretary of Labor shall be valid for purposes of the
enforcement of this Act. The preceding sentence may not be
construed to prohibit agreements to settle private disputes
or litigation.
``(6) Award of damages or other equitable relief.--
``(A) If the court finds that the respondent has
intentionally violated any of the rights enforceable under
subsection (b), it shall award actual damages, if any, or
equitable relief.
``(B) Any civil action brought under this section shall be
subject to appeal as provided in chapter 83 of title 28,
United States Code.
``(7) Workers' compensation benefits; exclusive remedy.--
``(A) Notwithstanding any other provision of this section,
where a State's workers' compensation law is applicable and
coverage is provided for an H-2A worker, the workers'
compensation benefits shall be the exclusive remedy for the
loss of such worker under this section in the case of bodily
injury or death in accordance with such State's workers'
compensation law.
``(B) The exclusive remedy prescribed in subparagraph (A)
precludes the recovery under paragraph (6) of actual damages
for loss from an injury or death but does not preclude other
equitable relief, except that such relief shall not include
back or front pay or in any manner, directly or indirectly,
expand or otherwise alter or affect--
``(i) a recovery under a State workers' compensation law;
or
``(ii) rights conferred under a State workers' compensation
law.
[[Page S4658]]
``(8) Tolling of statute of limitations.--If it is
determined under a State workers' compensation law that the
workers' compensation law is not applicable to a claim for
bodily injury or death of an H-2A worker, the statute of
limitations for bringing an action for actual damages for
such injury or death under subsection (c) shall be tolled for
the period during which the claim for such injury or death
under such State workers' compensation law was pending. The
statute of limitations for an action for actual damages or
other equitable relief arising out of the same transaction or
occurrence as the injury or death of the H-2A worker shall be
tolled for the period during which the claim for such injury
or death was pending under the State workers' compensation
law.
``(9) Preclusive effect.--Any settlement by an H-2A worker
and an H-2A employer or any person reached through the
mediation process required under subsection (c)(1) shall
preclude any right of action arising out of the same facts
between the parties in any Federal or State court or
administrative proceeding, unless specifically provided
otherwise in the settlement agreement.
``(10) Settlements.--Any settlement by the Secretary of
Labor with an H-2A employer on behalf of an H-2A worker of a
complaint filed with the Secretary of Labor under this
section or any finding by the Secretary of Labor under
subsection (a)(1)(B) shall preclude any right of action
arising out of the same facts between the parties under any
Federal or State court or administrative proceeding, unless
specifically provided otherwise in the settlement agreement.
``(d) Discrimination Prohibited.--
``(1) In general.--It is a violation of this subsection for
any person who has filed an application under section 218(a),
to intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any other manner discriminate against an
employee (which term, for purposes of this subsection,
includes a former employee and an applicant for employment)
because the employee has disclosed information to the
employer, or to any other person, that the employee
reasonably believes evidences a violation of section 218 or
218A or any rule or regulation pertaining to section 218 or
218A, or because the employee cooperates or seeks to
cooperate in an investigation or other proceeding concerning
the employer's compliance with the requirements of section
218 or 218A or any rule or regulation pertaining to either of
such sections.
``(2) Discrimination against h-2a workers.--It is a
violation of this subsection for any person who has filed an
application under section 218(a), to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any manner
discriminate against an H-2A employee because such worker
has, with just cause, filed a complaint with the Secretary of
Labor regarding a denial of the rights enumerated and
enforceable under subsection (b) or instituted, or caused to
be instituted, a private right of action under subsection (c)
regarding the denial of the rights enumerated under
subsection (b), or has testified or is about to testify in
any court proceeding brought under subsection (c).
``(e) Authorization To Seek Other Appropriate Employment.--
The Secretary of Labor and the Secretary shall establish a
process under which an H-2A worker who files a complaint
regarding a violation of subsection (d) and is otherwise
eligible to remain and work in the United States may be
allowed to seek other appropriate employment in the United
States for a period not to exceed the maximum period of stay
authorized for such nonimmigrant classification.
``(f) Role of Associations.--
``(1) Violation by a member of an association.--An employer
on whose behalf an application is filed by an association
acting as its agent is fully responsible for such
application, and for complying with the terms and conditions
of sections 218 and 218A, as though the employer had filed
the application itself. If such an employer is determined,
under this section, to have committed a violation, the
penalty for such violation shall apply only to that member of
the association unless the Secretary of Labor determines that
the association or other member participated in, had
knowledge, or reason to know, of the violation, in which case
the penalty shall be invoked against the association or other
association member as well.
``(2) Violations by an association acting as an employer.--
If an association filing an application as a sole or joint
employer is determined to have committed a violation under
this section, the penalty for such violation shall apply only
to the association unless the Secretary of Labor determines
that an association member or members participated in or had
knowledge, or reason to know of the violation, in which case
the penalty shall be invoked against the association member
or members as well.
``SEC. 218D. DEFINITIONS.
``For purposes of this section and section 218, 218A, 218B,
and 218C:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 or the performance of agricultural labor or services
described in section 101(a)(15)(H)(ii)(a).
``(2) Bona fide union.--The term `bona fide union' means
any organization in which employees participate and which
exists for the purpose of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment, or other terms and conditions of work for
agricultural employees. Such term does not include an
organization formed, created, administered, supported,
dominated, financed, or controlled by an employer or employer
association or its agents or representatives.
``(3) Displace.--The term `displace', in the case of an
application with respect to 1 or more H-2A workers by an
employer, means laying off a United States worker from a job
for which the H-2A worker or workers is or are sought.
``(4) Eligible.--The term `eligible', when used with
respect to an individual, means an individual who is not an
unauthorized alien (as defined in section 274A).
``(5) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
``(6) H-2A employer.--The term `H-2A employer' means an
employer who seeks to hire 1 or more nonimmigrant aliens
described in section 101(a)(15)(H)(ii)(a).
``(7) H-2A worker.--The term `H-2A worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(a).
``(8) Job opportunity.--The term `job opportunity' means a
job opening for temporary or seasonal full-time employment at
a place in the United States to which United States workers
can be referred.
``(9) Laying off.--
``(A) In general.--The term `laying off', with respect to a
worker--
``(i) means to cause the worker's loss of employment, other
than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, contract impossibility (as described in
section 218A(b)(4)(D)), or temporary suspension of employment
due to weather, markets, or other temporary conditions; but
``(ii) does not include any situation in which the worker
is offered, as an alternative to such loss of employment, a
similar employment opportunity with the same employer (or, in
the case of a placement of a worker with another employer
under section 218(b)(2)(E), with either employer described in
such section) at equivalent or higher compensation and
benefits than the position from which the employee was
discharged, regardless of whether or not the employee accepts
the offer.
``(B) Statutory construction.--Nothing in this paragraph is
intended to limit an employee's rights under a collective
bargaining agreement or other employment contract.
``(10) Regulatory drought.--The term `regulatory drought'
means a decision subsequent to the filing of the application
under section 218 by an entity not under the control of the
employer making such filing which restricts the employer's
access to water for irrigation purposes and reduces or limits
the employer's ability to produce an agricultural commodity,
thereby reducing the need for labor.
``(11) Seasonal.--Labor is performed on a `seasonal' basis
if--
``(A) ordinarily, it pertains to or is of the kind
exclusively performed at certain seasons or periods of the
year; and
``(B) from its nature, it may not be continuous or carried
on throughout the year.
``(12) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(13) Temporary.--A worker is employed on a `temporary'
basis where the employment is intended not to exceed 10
months.
``(14) United states worker.--The term `United States
worker' means any worker, whether a national of the United
States, an alien lawfully admitted for permanent residence,
or any other alien, who is authorized to work in the job
opportunity within the United States, except an alien
admitted or otherwise provided status under section
101(a)(15)(H)(ii)(a).''.
(b) Table of Contents.--The table of contents of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by striking the item relating to section 218 and
inserting the following:
``Sec. 218. H-2A employer applications.
``Sec. 218A. H-2A worker employment requirements.
``Sec. 218B. Procedure for admission and extension of stay of H-2A
workers.
``Sec. 218C. Worker protections and labor standards enforcement.
``Sec. 218D. Definitions.''.
(c) Sunset.--The amendments made by this section shall be
effective during the 5-year period beginning on the date that
is 1 year after the date of the enactment of this Act. Any
immigration benefit provided pursuant to such amendments
shall expire at the end of such 5-year period.
Subtitle C--Miscellaneous Provisions
SEC. 8031. DETERMINATION AND USE OF USER FEES.
(a) Schedule of Fees.--The Secretary shall establish and
periodically adjust a schedule of fees for the employment of
aliens pursuant to the amendment made by section 8021(a) and
a collection process for such fees from employers. Such fees
shall be the only fees chargeable to employers for services
provided under such amendment.
(b) Determination of Schedule.--
[[Page S4659]]
(1) In general.--The schedule under subsection (a) shall
reflect a fee rate based on the number of job opportunities
indicated in the employer's application under section 218 of
the Immigration and Nationality Act, as amended by section
8021, and sufficient to provide for the direct costs of
providing services related to an employer's authorization to
employ aliens pursuant to the amendment made by section
8021(a), to include the certification of eligible employers,
the issuance of documentation, and the admission of eligible
aliens.
(2) Procedure.--
(A) In general.--In establishing and adjusting such a
schedule, the Secretary shall comply with Federal cost
accounting and fee setting standards.
(B) Publication and comment.--The Secretary shall publish
in the Federal Register an initial fee schedule and
associated collection process and the cost data or estimates
upon which such fee schedule is based, and any subsequent
amendments thereto, pursuant to which public comment shall be
sought and a final rule issued.
(c) Use of Proceeds.--Notwithstanding any other provision
of law, all proceeds resulting from the payment of the fees
pursuant to the amendment made by section 8021(a) shall be
available without further appropriation and shall remain
available without fiscal year limitation to reimburse the
Secretary, the Secretary of State, and the Secretary of Labor
for the costs of carrying out sections 218 and 218B of the
Immigration and Nationality Act, as amended and added,
respectively, by section 8021, and the provisions of this
title.
SEC. 8032. RULEMAKING.
(a) Requirement for the Secretary To Consult.--The
Secretary shall consult with the Secretary of Labor and the
Secretary of Agriculture during the promulgation of all
regulations to implement the duties of the Secretary under
this title and the amendments made by this title.
(b) Requirement for the Secretary of State To Consult.--The
Secretary of State shall consult with the Secretary, the
Secretary of Labor, and the Secretary of Agriculture on all
regulations to implement the duties of the Secretary of State
under this title and the amendments made by this title.
(c) Requirement for the Secretary of Labor To Consult.--The
Secretary of Labor shall consult with the Secretary of
Agriculture and the Secretary on all regulations to implement
the duties of the Secretary of Labor under this title and the
amendments made by this title.
(d) Deadline for Issuance of Regulations.--All regulations
to implement the duties of the Secretary, the Secretary of
State, and the Secretary of Labor created under sections 218,
218A, 218B, 218C, and 218D of the Immigration and Nationality
Act, as amended or added by section 8021, shall take effect
on the effective date of section 8021 and shall be issued not
later than 1 year after the date of enactment of this Act.
SEC. 8033. REPORTS TO CONGRESS.
(a) Annual Report.--Not later than September 30 of each
year, the Secretary shall submit a report to Congress that
identifies, for the previous year--
(1) the number of job opportunities approved for employment
of aliens admitted under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)), and the number of workers actually
admitted, disaggregated by State and by occupation;
(2) the number of such aliens reported to have abandoned
employment pursuant to subsection 218B(e)(2) of such Act;
(3) the number of such aliens who departed the United
States within the period specified in subsection 218B(d) of
such Act;
(4) the number of aliens who applied for adjustment of
status pursuant to section 8011(a); and
(5) the number of such aliens whose status was adjusted
under section 8011(a).
(b) Implementation Report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
prepare and submit to Congress a report that describes the
measures being taken and the progress made in implementing
this title.
TITLE IX
TELEWORK ENHANCEMENT ACT OF 2008
SECTION 9001. SHORT TITLE.
This Act may be cited as the ``Telework Enhancement Act of
2008''.
SEC. 9002. DEFINITIONS.
In this Act:
(1) Employee.--The term ``employee'' has the meaning given
that term by section 2105 of title 5, United States Code.
(2) Executive agency.--The term ``executive agency'' has
the meaning given that term by section 105 of title 5, United
States Code.
(3) Noncompliant.--The term ``noncompliant'' means not
conforming to the requirements under this Act.
(4) Telework.--The term ``telework'' means a work
arrangement in which an employee regularly performs
officially assigned duties at home or other worksites
geographically convenient to the residence of the employee
during at least 20 percent of each pay period that the
employee is performing officially assigned duties.
SEC. 9003. EXECUTIVE AGENCIES TELEWORK REQUIREMENT.
(a) Telework Eligibility.--Not later than 180 days after
the date of enactment of this Act, the head of each executive
agency shall--
(1) establish a policy under which eligible employees of
the agency may be authorized to telework;
(2) determine the eligibility for all employees of the
agency to participate in telework; and
(3) notify all employees of the agency of their eligibility
to telework.
(b) Participation.--The policy described under subsection
(a) shall--
(1) ensure that telework does not diminish employee
performance or agency operations;
(2) require a written agreement between an agency manager
and an employee authorized to telework in order for that
employee to participate in telework;
(3) provide that an employee may not be authorized to
telework if the performance of that employee does not comply
with the terms of the written agreement between the agency
manager and that employee;
(4) except in emergency situations as determined by an
agency head, not apply to any employee of the agency whose
official duties require daily physical presence for activity
with equipment or handling of secure materials; and
(5) determine the use of telework as part of the continuity
of operations plans the agency in the event of an emergency.
SEC. 9004. TRAINING AND MONITORING.
The head of each executive agency shall ensure that--
(1) an interactive telework training program is provided
to--
(A) employees eligible to participate in the telework
program of the agency; and
(B) all managers of teleworkers;
(2) no distinction is made between teleworkers and
nonteleworkers for the purposes of performance appraisals;
and
(3) when determining what constitutes diminished employee
performance, the agency shall consult the established
performance management guidelines of the Office of Personnel
Management.
SEC. 9005. POLICY AND SUPPORT.
(a) Agency Consultation With the Office of Personnel
Management.--Each executive agency shall consult with the
Office of Personnel Management in developing telework
policies.
(b) Guidance and Consultation.--The Office of Personnel
Management shall--
(1) provide policy and policy guidance for telework in the
areas of pay and leave, agency closure, performance
management, official worksite, recruitment and retention, and
accommodations for employees with disabilities; and
(2) consult with--
(A) the Federal Emergency Management Agency on policy and
policy guidance for telework in the areas of continuation of
operations and long-term emergencies; and
(B) the General Services Administration on policy and
policy guidance for telework in the areas of telework
centers, travel, technology, and equipment.
(c) Continuity of Operations Plans.--During any period that
an agency is operating under a continuity of operations plan,
that plan shall supersede any telework policy.
(d) Telework Website.--The Office of Personnel Management
shall--
(1) maintain a central telework website; and
(2) include on that website related--
(A) telework links;
(B) announcements;
(C) guidance developed by the Office of Personnel
Management; and
(D) guidance submitted by the Federal Emergency Management
Agency, and the General Services Administration to the Office
of Personnel Management not later than 10 business days after
the date of submission.
SEC. 9006. TELEWORK MANAGING OFFICER.
(a) In General.--
(1) Appointment.--The head of each executive agency shall
appoint an employee of the agency as the Telework Managing
Officer. The Telework Managing Officer shall be established
within the Office of the Chief Human Capital Officer or a
comparable office with similar functions.
(2) Telework coordinators.--
(A) Appropriations act, 2004.--Section 627 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (Public Law
108-199; 118 Stat. 99) is amended by striking ``designate a
`Telework Coordinator' to be'' and inserting ``appoint a
Telework Managing Officer to be''.
(B) Appropriations act, 2005.--Section 622 of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 2919) is amended by striking ``designate a
`Telework Coordinator' to be'' and inserting ``appoint a
Telework Managing Officer to be''.
(b) Duties.--The Telework Managing Officer shall--
(1) be devoted to policy development and implementation
related to agency telework programs;
(2) serve as--
(A) an advisor for agency leadership, including the Chief
Human Capital Officer;
(B) a resource for managers and employees; and
(C) a primary agency point of contact for the Office of
Personnel Management on telework matters; and
(3) perform other duties as the applicable appointing
authority may assign.
SEC. 9007. ANNUAL REPORT TO CONGRESS.
(a) Submission of Reports.--Not later than 18 months after
the date of enactment
[[Page S4660]]
of this Act and on an annual basis thereafter, the Director
of the Office of Personnel Management shall--
(1) submit a report addressing the telework programs of
each executive agency to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Oversight and Government Reform of the
House of Representatives; and
(2) transmit a copy of the report to the Comptroller
General and the Office of Management and Budget.
(b) Contents.--Each report submitted under this section
shall include--
(1) the telework policy, the measures in place to carry out
the policy, and an analysis of employee telework
participation during the preceding 12-month period provided
by each executive agency;
(2) an assessment of the progress of each agency in
maximizing telework opportunities for employees of that
agency without diminishing employee performance or agency
operations;
(3) the definition of telework and telework policies and
any modifications to such definitions;
(4) the degree of participation by employees of each agency
in teleworking during the period covered by the evaluation,
including--
(A) the number and percent of the employees in the agency
who are eligible to telework;
(B) the number and percent of employees who engage in
telework;
(C) the number and percent of eligible employees in each
agency who have declined the opportunity to telework; and
(D) the number of employees who were not authorized,
willing, or able to telework and the reason;
(5) the extent to which barriers to maximize telework
opportunities have been identified and eliminated; and
(6) best practices in agency telework programs.
SEC. 9008. COMPLIANCE OF EXECUTIVE AGENCIES.
(a) Executive Agencies.--An executive agency shall be in
compliance with this Act if each employee of that agency
participating in telework regularly performs officially
assigned duties at home or other worksites geographically
convenient to the residence of the employee during at least
20 percent of each pay period that the employee is performing
officially assigned duties.
(b) Agency Manager Reports.--Not later than 180 days after
the establishment of a policy described under section 9003,
and annually thereafter, each agency manager shall submit a
report to the Chief Human Capital Officer and Telework
Managing Officer of that agency that contains a summary of--
(1) efforts to promote telework opportunities for employees
supervised by that manager; and
(2) any obstacles which hinder the ability of that manager
to promote telework opportunities.
(c) Chief Human Capital Officer Reports.--
(1) In general.--Each year the Chief Human Capital Officer
of each agency, in consultation with the Telework Managing
Officer of that agency, shall submit a report to the Chair
and Vice Chair of the Chief Human Capital Offices Council on
agency management efforts to promote telework.
(2) Review and inclusion of relevant information.--The
Chair and Vice Chair of the Chief Human Capital Offices
Council shall--
(A) review the reports submitted under paragraph (1);
(B) include relevant information from the submitted reports
in the annual report to Congress required under section
9007(b)(2); and
(C) use that relevant information for other purposes
related to the strategic management of human capital.
(d) Compliance Reports.--Not later than 90 days after the
date of submission of each report under section 9007, the
Office of Management and Budget shall submit a report to
Congress that--
(1) identifies and recommends corrective actions and time
frames for each executive agency that the Office of
Management and Budget determines is noncompliant; and
(2) describes progress of noncompliant executive agencies,
justifications of any continuing noncompliance, and any
recommendations for corrective actions planned by the Office
of Management and Budget or the executive agency to eliminate
noncompliance.
SEC. 9009. EXTENSION OF TRAVEL EXPENSES TEST PROGRAMS.
(a) In General.--Section 5710 of title 5, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``for a period not to
exceed 24 months''; and
(2) in subsection (e), by striking ``7 years'' and
inserting ``16 years''.
(b) Effective Date.--The amendments made by this section
shall take effect as though enacted as part of the Travel and
Transportation Reform Act of 1998 (Public Law 105-264; 112
Stat. 2350).
TITLE X
GENERAL PROVISIONS--THIS ACT
availability of funds
Sec. 10001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
emergency designation
Sec. 10002. Each amount in each title of this Act is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to subsections (a) and (b) of
section 204 of S. Con. Res. 21 (110th Congress), the
concurrent resolution on the budget for fiscal year 2008.
avoidance of u.s. payroll tax contributions
Sec. 10003. None of the funds in this Act may be used by
any Federal agency for a contract with any United States
corporation which hires United States employees through
foreign offshore subsidiaries for purposes of avoiding United
States payroll tax contributions for such employees.
extension of eb-5 regional center pilot program
Sec. 10004. Section 610(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by
striking ``for 15 years'' and inserting ``for 20 years''.
Interim Relief for Skilled Immigrant Workers
Sec. 10005. (a) Recapture of Unused Employment-Based Visa
Numbers.--Subsection (d) of section 106 of the American
Competitiveness in the Twenty-first Century Act of 2000
(Public Law 106-313; 8 U.S.C. 1153 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``1994, 1996, 1997, 1998,'' after
``available in fiscal year'';
(B) by striking ``or 2004'' and inserting ``2004, or
2006''; and
(C) by striking ``shall be available'' and all that follows
through the end and inserting ``shall be available only to--
``(A) an employment-based immigrant under paragraph (1),
(2), (3)(A)(i), or (3)(A)(ii) of section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)), except
for employment-based immigrants whose petitions are or have
been approved based on Schedule A, Group I as defined in
section 656.5 of title 20, Code of Federal Regulations; or
``(B) a spouse or child accompanying or following to join
such an employment-based immigrant under section 203(d) of
such Act (8 U.S.C. 1153(d)).'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``years 1999 through
2004'' and inserting ``year 1994 and each subsequent fiscal
year''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``(i)''; and
(ii) by striking clause (ii); and
(3) by adding at the end the following new paragraph:
``(4) Employment-based visa recapture fee.--A fee shall be
paid in connection with any petition seeking an employment-
based immigrant visa number recaptured under paragraph (1),
known as the Employment-Based Visa Recapture Fee, in the
amount of $1500. Such Fee may not be charged for a dependent
accompanying or following to join such employment-based
immigrant.''.
(b) Disposition of Fees.--
(1) Immigration examination fee account.--The fees
described in paragraph (2) shall be treated as adjudication
fees and deposited as offsetting receipts into the
Immigration Examinations Fee Account in the Treasury of the
United States under section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)).
(2) Fees described.--The fees described in this paragraph
are the following:
(A) Any Employment-Based Visa Recapture Fee collected
pursuant to paragraph (4) of section 106(d) of the American
Competitiveness in the Twenty-first Century Act of 2000, as
added by subsection (a)(3).
(B) Any Supplemental Adjustment of Status Application Fee
collected pursuant to paragraph (3) of subsection (n) of
section 245 of the Immigration and Nationality Act, as added
by subsection (c)(1).
(c) Retaining Green Card Applicants Working in the United
States.--
(1) In general.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended by adding at the
end the following:
``(n) Adjustment of Status for Employment-Based
Immigrants.--
``(1) Eligibility.--The Secretary of Homeland Security
shall provide for the filing of an adjustment application by
an alien (and any eligible dependents of such alien) who has
an approved or pending petition under subparagraph (E) or (F)
of section 204(a)(1), regardless of whether an immigrant visa
is immediately available at the time the application is
filed.
``(2) Visa availability.--An application filed pursuant to
paragraph (1) shall not be approved until an immigrant visa
becomes available.
``(3) Fees.--If an application is filed pursuant to
paragraph (1) at a time at which a visa is not immediately
available, a fee, known as the Supplemental Adjustment of
Status Application Fee, in the amount of $1500 shall be paid
on behalf of the beneficiary of such petition. Such Fee may
not be charged for a dependent accompanying or following to
join such beneficiary.''.
(2) Report.--Not later than 4 years after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit to Congress a report on the implementation of
subsection (n) of section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255), as added by paragraph (1).
(3) Repeal.--Unless a law is enacted that repeals this
paragraph, the amendments made by paragraph (1) shall be
repealed on
[[Page S4661]]
the date that is 5 years after the date of the enactment of
this Act.
Sec. 10006. Nursing Shortage Relief. (a) Increasing Visa
Numbers.--Section 106 of the American Competitiveness in the
Twenty-first Century Act of 2000 (Public Law 106-313; 8
U.S.C. 1153 note) is amended by adding at the end the
following:
``(e) Visa Shortage Relief for Nurses and Physical
Therapists.--
``(1) In general.--Subject to paragraph (2), for petitions
filed during the period beginning on the date of the
enactment of the Emergency Nursing Supply Relief Act and
ending on September 30, 2011, for employment-based immigrants
(and their family members accompanying or following to join
under section 203(d) of the Immigration and Nationality Act
(8 U.S.C. 1153(d)), which are or have been approved based on
Schedule A, Group I as defined in section 656.5 of title 20,
Code of Federal Regulations, as promulgated by the Secretary
of Labor, the numerical limitations set forth in sections
201(d) and 202(a) of such Act (8 U.S.C. 1151(d) and 1152(a))
shall not apply.
``(2) Limitation on number of visas.--The Secretary of
State may not issue more than 20,000 immigrant visa numbers
in any one fiscal year (plus any available visa numbers under
this paragraph not used during the preceding fiscal year) to
principal beneficiaries of petitions pursuant to paragraph
(1).
``(3) Expedited review.--The Secretary of Homeland Security
shall provide a process for reviewing and acting upon
petitions with respect to immigrants described in paragraph
(1) not later than 30 days after the date on which a
completed petition has been filed.
``(f) Fee for Use of Visas Under Subsection (a).--
``(1) In general.--The Secretary of Homeland Security shall
impose a fee upon each petitioning employer who uses a visa
provided under subsection (e) to provide employment for an
alien as a professional nurse, except that--
``(A) such fee shall be in the amount of $1,500 for each
such alien nurse (but not for dependents accompanying or
following to join who are not professional nurses); and
``(B) no fee shall be imposed for the use of such visas if
the employer demonstrates to the Secretary that--
``(i) the employer is a health care facility that is
located in a county or parish that received individual and
public assistance pursuant to Major Disaster Declaration
number 1603 or 1607; or
``(ii) the employer is a health care facility that has been
designated as a Health Professional Shortage Area facility by
the Secretary of Health and Human Services as defined in
section 332 of the Public Health Service Act (42 U.S.C.
254e).
``(2) Fee collection.--A fee imposed by the Secretary of
Homeland Security pursuant to paragraph (1) shall be
collected by the Secretary as a condition of approval of an
application for adjustment of status by the beneficiary of a
petition or by the Secretary of State as a condition of
issuance of a visa to such beneficiary.''.
(b) Capitation Grants To Increase the Number of Nursing
Faculty and Students; Domestic Nursing Enhancement Account.--
Part D of title VIII of the Public Health Service Act (42
U.S.C. 296p et seq.) is amended by adding at the end the
following:
``SEC. 832. CAPITATION GRANTS.
``(a) In General.--For the purpose described in subsection
(b), the Secretary, acting through the Health Resources and
Services Administration, shall award a grant each fiscal year
in an amount determined in accordance with subsection (c) to
each eligible school of nursing that submits an application
in accordance with this section.
``(b) Purpose.--A funding agreement for a grant under this
section is that the eligible school of nursing involved will
expend the grant to increase the number of nursing faculty
and students at the school, including by hiring new faculty,
retaining current faculty, purchasing educational equipment
and audiovisual laboratories, enhancing clinical
laboratories, repairing and expanding infrastructure, or
recruiting students.
``(c) Grant Computation.--
``(1) Amount per student.--Subject to paragraph (2), the
amount of a grant to an eligible school of nursing under this
section for a fiscal year shall be the total of the
following:
``(A) $1,800 for each full-time or part-time student who is
enrolled at the school in a graduate program in nursing
that--
``(i) leads to a master's degree, a doctoral degree, or an
equivalent degree; and
``(ii) prepares individuals to serve as faculty through
additional course work in education and ensuring competency
in an advanced practice area.
``(B) $1,405 for each full-time or part-time student who--
``(i) is enrolled at the school in a program in nursing
leading to a bachelor of science degree, a bachelor of
nursing degree, a graduate degree in nursing if such program
does not meet the requirements of subparagraph (A), or an
equivalent degree; and
``(ii) has not more than 3 years of academic credits
remaining in the program.
``(C) $966 for each full-time or part-time student who is
enrolled at the school in a program in nursing leading to an
associate degree in nursing or an equivalent degree.
``(2) Limitation.--In calculating the amount of a grant to
a school under paragraph (1), the Secretary may not make a
payment with respect to a particular student--
``(A) for more than 2 fiscal years in the case of a student
described in paragraph (1)(A) who is enrolled in a graduate
program in nursing leading to a master's degree or an
equivalent degree;
``(B) for more than 4 fiscal years in the case of a student
described in paragraph (1)(A) who is enrolled in a graduate
program in nursing leading to a doctoral degree or an
equivalent degree;
``(C) for more than 3 fiscal years in the case of a student
described in paragraph (1)(B); or
``(D) for more than 2 fiscal years in the case of a student
described in paragraph (1)(C).
``(d) Eligibility.--In this section, the term `eligible
school of nursing' means a school of nursing that--
``(1) is accredited by a nursing accrediting agency
recognized by the Secretary of Education;
``(2) has a passage rate on the National Council Licensure
Examination for Registered Nurses of not less than 80 percent
for each of the 3 academic years preceding submission of the
grant application; and
``(3) has a graduation rate (based on the number of
students in a class who graduate relative to, for a
baccalaureate program, the number of students who were
enrolled in the class at the beginning of junior year or, for
an associate degree program, the number of students who were
enrolled in the class at the end of the first year) of not
less than 80 percent for each of the 3 academic years
preceding submission of the grant application.
``(e) Requirements.--The Secretary may award a grant under
this section to an eligible school of nursing only if the
school gives assurances satisfactory to the Secretary that,
for each academic year for which the grant is awarded, the
school will comply with the following:
``(1) The school will maintain a passage rate on the
National Council Licensure Examination for Registered Nurses
of not less than 80 percent.
``(2) The school will maintain a graduation rate (as
described in subsection (d)(3)) of not less than 80 percent.
``(3)(A) Subject to subparagraphs (B) and (C), the first-
year enrollment of full-time nursing students in the school
will exceed such enrollment for the preceding academic year
by 5 percent or 5 students, whichever is greater.
``(B) Subparagraph (A) shall not apply to the first
academic year for which a school receives a grant under this
section.
``(C) With respect to any academic year, the Secretary may
waive application of subparagraph (A) if--
``(i) the physical facilities at the school involved limit
the school from enrolling additional students; or
``(ii) the school has increased enrollment in the school
(as described in subparagraph (A)) for each of the 2
preceding academic years.
``(4) Not later than 1 year after receiving a grant under
this section, the school will formulate and implement a plan
to accomplish at least 2 of the following:
``(A) Establishing or significantly expanding an
accelerated baccalaureate degree nursing program designed to
graduate new nurses in 12 to 18 months.
``(B) Establishing cooperative intradisciplinary education
among schools of nursing with a view toward shared use of
technological resources, including information technology.
``(C) Establishing cooperative interdisciplinary training
between schools of nursing and schools of allied health,
medicine, dentistry, osteopathy, optometry, podiatry,
pharmacy, public health, or veterinary medicine, including
training for the use of the interdisciplinary team approach
to the delivery of health services.
``(D) Integrating core competencies on evidence-based
practice, quality improvements, and patient-centered care.
``(E) Increasing admissions, enrollment, and retention of
qualified individuals who are financially disadvantaged.
``(F) Increasing enrollment of minority and diverse student
populations.
``(G) Increasing enrollment of new graduate baccalaureate
nursing students in graduate programs that educate nurse
faculty members.
``(H) Developing post-baccalaureate residency programs to
prepare nurses for practice in specialty areas where nursing
shortages are most severe.
``(I) Increasing integration of geriatric content into the
core curriculum.
``(J) Partnering with economically disadvantaged
communities to provide nursing education.
``(K) Expanding the ability of nurse managed health centers
to provide clinical education training sites to nursing
students.
``(5) The school will submit an annual report to the
Secretary that includes updated information on the school
with respect to student enrollment, student retention,
graduation rates, passage rates on the National Council
Licensure Examination for Registered Nurses, the number of
graduates employed as nursing faculty or nursing care
providers within 12 months of graduation, and the number of
students who are accepted into graduate programs for further
nursing education.
``(6) The school will allow the Secretary to make on-site
inspections, and will comply
[[Page S4662]]
with the Secretary's requests for information, to determine
the extent to which the school is complying with the
requirements of this section.
``(f) Reports to Congress.--The Secretary shall evaluate
the results of grants under this section and submit to
Congress--
``(1) not later than 18 months after the date of the
enactment of this section, an interim report on such results;
and
``(2) not later than September 30, 2010, a final report on
such results.
``(g) Application.--An eligible school of nursing seeking a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require.
``(h) Authorization of Appropriations.--In addition to the
amounts in the Domestic Nursing Enhancement Account,
established under section 833, there are authorized to be
appropriated such sums as may be necessary to carry out this
section.
``SEC. 833. DOMESTIC NURSING ENHANCEMENT ACCOUNT.
``(a) Establishment.--There is established in the general
fund of the Treasury a separate account which shall be known
as the `Domestic Nursing Enhancement Account.'
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees
collected under section 106(f) of the American
Competitiveness in the Twenty-first Century Act of 2000
(Public Law 106-313; 8 U.S.C. 1153 note). Nothing in this
subsection shall prohibit the depositing of other moneys into
the account established under this section.
``(b) Use of Funds.--Amounts collected under section 106(f)
of the American Competitiveness in the Twenty-first Century
Act of 2000, and deposited into the account established under
subsection (a) shall be used by the Secretary of Health and
Human Services to carry out section 832. Such amounts shall
be available for obligation only to the extent, and in the
amount, provided in advance in appropriations Acts. Such
amounts are authorized to remain available until expended.''.
(c) Global Health Care Cooperation.--
(1) In general.--Title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.) is amended by
inserting after section 317 the following:
``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH
CARE IN DEVELOPING COUNTRIES.
``(a) In General.--Notwithstanding any other provision of
this Act, the Secretary of Homeland Security shall allow an
eligible alien and the spouse or child of such alien to
reside in a candidate country during the period that the
eligible alien is working as a physician or other health care
worker in a candidate country. During such period the
eligible alien and such spouse or child shall be considered--
``(1) to be physically present and residing in the United
States for purposes of naturalization under section 316(a);
and
``(2) to meet the continuous residency requirements under
section 316(b).
``(b) Definitions.--In this section:
``(1) Candidate country.--The term `candidate country'
means a country that the Secretary of State determines to
be--
``(A) eligible for assistance from the International
Development Association, in which the per capita income of
the country is equal to or less than the historical ceiling
of the International Development Association for the
applicable fiscal year, as defined by the International Bank
for Reconstruction and Development;
``(B) classified as a lower middle income country in the
then most recent edition of the World Development Report for
Reconstruction and Development published by the International
Bank for Reconstruction and Development and having an income
greater than the historical ceiling for International
Development Association eligibility for the applicable fiscal
year; or
``(C) qualified to be a candidate country due to special
circumstances, including natural disasters or public health
emergencies.
``(2) Eligible alien.--The term `eligible alien' means an
alien who--
``(A) has been lawfully admitted to the United States for
permanent residence; and
``(B) is a physician or other healthcare worker.
``(c) Consultation.--The Secretary of Homeland Security
shall consult with the Secretary of State in carrying out
this section.
``(d) Publication.--The Secretary of State shall publish--
``(1) not later than 180 days after the date of the
enactment of this section, a list of candidate countries;
``(2) an updated version of the list required by paragraph
(1) not less often than once each year; and
``(3) an amendment to the list required by paragraph (1) at
the time any country qualifies as a candidate country due to
special circumstances under subsection (b)(1)(C).''.
(2) Rulemaking.--
(A) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall promulgate regulations to carry out the amendments made
by this subsection.
(B) Content.--The regulations promulgated pursuant to
paragraph (1) shall--
(i) permit an eligible alien (as defined in section 317A of
the Immigration and Nationality Act, as added by paragraph
(1)) and the spouse or child of the eligible alien to reside
in a foreign country to work as a physician or other
healthcare worker as described in subsection (a) of such
section 317A for not less than a 12-month period and not more
than a 24-month period, and shall permit the Secretary to
extend such period for an additional period not to exceed 12
months, if the Secretary determines that such country has a
continuing need for such a physician or other healthcare
worker;
(ii) provide for the issuance of documents by the Secretary
to such eligible alien, and such spouse or child, if
appropriate, to demonstrate that such eligible alien, and
such spouse or child, if appropriate, is authorized to reside
in such country under such section 317A; and
(iii) provide for an expedited process through which the
Secretary shall review applications for such an eligible
alien to reside in a foreign country pursuant to subsection
(a) of such section 317A if the Secretary of State determines
a country is a candidate country pursuant to subsection
(b)(1)(C) of such section 317A.
(3) Technical and conforming amendments.--
(A) Definition.--Section 101(a)(13)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii))
is amended by adding at the end the following: ``except in
the case of an eligible alien, or the spouse or child of such
alien, who is authorized to be absent from the United States
under section 317A,''.
(B) Documentary requirements.--Section 211(b) of such Act
(8 U.S.C. 1181(b)) is amended by inserting ``, including an
eligible alien authorized to reside in a foreign country
under section 317A and the spouse or child of such eligible
alien, if appropriate,'' after ``1101(a)(27)(A),''.
(C) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) of such
Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting
``other than an eligible alien authorized to reside in a
foreign country under section 317A and the spouse or child of
such eligible alien, if appropriate,'' after ``Act,''.
(D) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
317 the following:
``Sec. 317A. Temporary absence of aliens providing health care in
developing countries.''.
(4) Authorization of appropriations.--There are authorized
to be appropriated to U.S. Citizenship and Immigration
Services such sums as may be necessary to carry out this
subsection and the amendments made by this subsection.
(d) Attestation by Health Care Workers.--
(1) Attestation requirement.--Section 212(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is
amended by adding at the end the following:
``(E) Health care workers with other obligations.--
``(i) In general.--An alien who seeks to enter the United
States for the purpose of performing labor as a physician or
other health care worker is inadmissible unless the alien
submits to the Secretary of Homeland Security or the
Secretary of State, as appropriate, an attestation that the
alien is not seeking to enter the United States for such
purpose during any period in which the alien has an
outstanding obligation to the government of the alien's
country of origin or the alien's country of residence.
``(ii) Obligation defined.--In this subparagraph, the term
`obligation' means an obligation incurred as part of a valid,
voluntary individual agreement in which the alien received
financial assistance to defray the costs of education or
training to qualify as a physician or other health care
worker in consideration for a commitment to work as a
physician or other health care worker in the alien's country
of origin or the alien's country of residence.
``(iii) Waiver.--The Secretary of Homeland Security may
waive a finding of inadmissibility under clause (i) if the
Secretary determines that--
``(I) the obligation was incurred by coercion or other
improper means;
``(II) the alien and the government of the country to which
the alien has an outstanding obligation have reached a valid,
voluntary agreement, pursuant to which the alien's obligation
has been deemed satisfied, or the alien has shown to the
satisfaction of the Secretary that the alien has been unable
to reach such an agreement because of coercion or other
improper means; or
``(III) the obligation should not be enforced due to other
extraordinary circumstances, including undue hardship that
would be suffered by the alien in the absence of a waiver.''.
(2) Effective date; application.--
(A) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
(B) Application by the secretary.--Not later than the
effective date described in subparagraph (A), the Secretary
of Homeland Security shall begin to carry out subparagraph
(E) of section 212(a)(5) of the Immigration and Nationality
Act, as added by paragraph (1), including the requirement for
the attestation and the granting of a waiver described in
clause (iii) of such subparagraph (E), regardless of whether
regulations to implement such subparagraph have been
promulgated.
Sec. 10007. Nurse Training And Retention Demonstration
Grants. (a) Findings.--Congress makes the following findings:
[[Page S4663]]
(1) America's healthcare system depends on an adequate
supply of trained nurses to deliver quality patient care.
(2) Over the next 15 years, this shortage is expected to
grow significantly. The Health Resources and Services
Administration has projected that by 2020, there will be a
shortage of nurses in every State and that overall only 64
percent of the demand for nurses will be satisfied, with a
shortage of 1,016,900 nurses nationally.
(3) To avert such a shortage, today's network of healthcare
workers should have access to education and support from
their employers to participate in educational and training
opportunities.
(4) With the appropriate education and support, incumbent
healthcare workers and incumbent bedside nurses are untapped
sources which can meet these needs and address the nursing
shortage and provide quality care as the American population
ages.
(b) Purposes of Grant Program.--It is the purpose of this
section to authorize grants to--
(1) address the projected shortage of nurses by funding
comprehensive programs to create a career ladder to nursing
(including Certified Nurse Assistants, Licensed Practical
Nurses, Licensed Vocational Nurses, and Registered Nurses)
for incumbent ancillary healthcare workers;
(2) increase the capacity for educating nurses by
increasing both nurse faculty and clinical opportunities
through collaborative programs between staff nurse
organizations, healthcare providers, and accredited schools
of nursing; and
(3) provide training programs through education and
training organizations jointly administered by healthcare
providers and healthcare labor organizations or other
organizations representing staff nurses and frontline
healthcare workers, working in collaboration with accredited
schools of nursing and academic institutions.
(c) Grants.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Labor (referred to in
this section as the ``Secretary'') shall establish a
partnership grant program to award grants to eligible
entities to carry out comprehensive programs to provide
education to nurses and create a pipeline to nursing for
incumbent ancillary healthcare workers who wish to advance
their careers, and to otherwise carry out the purposes of
this section.
(d) Eligible Entities.--To be eligible to receive a grant
under this section an entity shall--
(1) be--
(A) a healthcare entity that is jointly administered by a
healthcare employer and a labor union representing the
healthcare employees of the employer and that carries out
activities using labor management training funds as provided
for under section 302 of the Labor-Management Relations Act,
1947 (18 U.S.C. 186(c)(6));
(B) an entity that operates a training program that is
jointly administered by--
(i) one or more healthcare providers or facilities, or a
trade association of healthcare providers; and
(ii) one or more organizations which represent the
interests of direct care healthcare workers or staff nurses
and in which the direct care healthcare workers or staff
nurses have direct input as to the leadership of the
organization; or
(C) a State training partnership program that consists of
non-profit organizations that include equal participation
from industry, including public or private employers, and
labor organizations including joint labor-management training
programs, and which may include representatives from local
governments, worker investment agency one-stop career
centers, community based organizations, community colleges,
and accredited schools of nursing; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(e) Additional Requirements for Healthcare Employer
Described in Subsection (d).--To be eligible for a grant
under this section, a healthcare employer described in
subsection (d) shall demonstrate--
(1) an established program within their facility to
encourage the retention of existing nurses;
(2) it provides wages and benefits to its nurses that are
competitive for its market or that have been collectively
bargained with a labor organization; and
(3) support for programs funded under this section through
1 or more of the following:
(A) The provision of paid leave time and continued health
coverage to incumbent healthcare workers to allow their
participation in nursing career ladder programs, including
Certified Nurse Assistants, Licensed Practical Nurses,
Licensed Vocational Nurses, and Registered Nurses.
(B) Contributions to a joint labor-management or other
jointly administered training fund which administers the
program involved.
(C) The provision of paid release time, incentive
compensation, or continued health coverage to staff nurses
who desire to work full- or part-time in a faculty position.
(D) The provision of paid release time for staff nurses to
enable them to obtain a bachelor of science in nursing
degree, other advanced nursing degrees, specialty training,
or certification program.
(E) The payment of tuition assistance to incumbent
healthcare workers.
(f) Other Requirements.--
(1) Matching requirement.--
(A) In general.--The Secretary may not make a grant under
this section unless the applicant involved agrees, with
respect to the costs to be incurred by the applicant in
carrying out the program under the grant, to make available
non-Federal contributions (in cash or in kind under
subparagraph (B)) toward such costs in an amount equal to not
less than $1 for each $1 of Federal funds provided in the
grant. Such contributions may be made directly or through
donations from public or private entities, or may be provided
through the cash equivalent of paid release time provided to
incumbent worker students.
(B) Determination of amount of non-federal contribution.--
Non-Federal contributions required in subparagraph (A) may be
in cash or in kind (including paid release time), fairly
evaluated, including equipment or services (and excluding
indirect or overhead costs).
(C) Supplement, not supplant.--Funds made available under
this section shall supplement, and not supplant, resources
dedicated by an entity, or other Federal, State, or local
funds available to carry out activities described in this
section.
(2) Required collaboration.--Entities carrying out or
overseeing programs carried out with assistance provided
under this section shall demonstrate collaboration with
accredited schools of nursing which may include community
colleges and other academic institutions providing associate,
bachelor's, or advanced nursing degree programs or specialty
training or certification programs.
(g) Activities.--Amounts awarded to an entity under a grant
under this section shall be used for the following:
(1) To carry out programs that provide education and
training to establish nursing career ladders to educate
incumbent healthcare workers to become nurses (including
Certified Nurse Assistants, Licensed Practical Nurses,
Licensed Vocational Nurses, and Registered Nurses). Such
programs shall include one or more of the following:
(A) Preparing incumbent workers to return to the classroom
through English as a second language education, GED
education, precollege counseling, college preparation
classes, and support with entry level college classes that
are a prerequisite to nursing.
(B) Providing tuition assistance with preference for
dedicated cohort classes in community colleges, universities,
accredited schools of nursing with supportive services
including tutoring and counseling.
(C) Providing assistance in preparing for and meeting all
nursing licensure tests and requirements.
(D) Carrying out orientation and mentorship programs that
assist newly graduated nurses in adjusting to working at the
bedside to ensure their retention post graduation, and
ongoing programs to support nurse retention.
(E) Providing stipends for release time and continued
healthcare coverage to enable incumbent healthcare workers to
participate in these programs.
(2) To carry out programs that assist nurses in obtaining
advanced degrees and completing specialty training or
certification programs and to establish incentives for nurses
to assume nurse faculty positions on a part-time or full-time
basis. Such programs shall include one or more of the
following:
(A) Increasing the pool of nurses with advanced degrees who
are interested in teaching by funding programs that enable
incumbent nurses to return to school.
(B) Establishing incentives for advanced degree bedside
nurses who wish to teach in nursing programs so they can
obtain a leave from their bedside position to assume a full-
or part-time position as adjunct or full time faculty without
the loss of salary or benefits.
(C) Collaboration with accredited schools of nursing which
may include community colleges and other academic
institutions providing associate, bachelor's, or advanced
nursing degree programs, or specialty training or
certification programs, for nurses to carry out innovative
nursing programs which meet the needs of bedside nursing and
healthcare providers.
(h) Preference.--In awarding grants under this section the
Secretary shall give preference to programs that--
(1) provide for improving nurse retention;
(2) provide for improving the diversity of the new nurse
graduates to reflect changes in the demographics of the
patient population;
(3) provide for improving the quality of nursing education
to improve patient care and safety;
(4) have demonstrated success in upgrading incumbent
healthcare workers to become nurses or which have established
effective programs or pilots to increase nurse faculty; or
(5) are modeled after or affiliated with such programs
described in paragraph (4).
(i) Evaluation.--
(1) Program evaluations.--An entity that receives a grant
under this section shall annually evaluate, and submit to the
Secretary a report on, the activities carried out under the
grant and the outcomes of such activities. Such outcomes may
include--
(A) an increased number of incumbent workers entering an
accredited school of nursing and in the pipeline for nursing
programs;
[[Page S4664]]
(B) an increasing number of graduating nurses and improved
nurse graduation and licensure rates;
(C) improved nurse retention;
(D) an increase in the number of staff nurses at the
healthcare facility involved;
(E) an increase in the number of nurses with advanced
degrees in nursing;
(F) an increase in the number of nurse faculty;
(G) improved measures of patient quality as determined by
the Secretary; and
(H) an increase in the diversity of new nurse graduates
relative to the patient population.
(2) General report.--Not later than September 30, 2011, the
Secretary of Labor shall, using data and information from the
reports received under paragraph (1), submit to Congress a
report concerning the overall effectiveness of the grant
program carried out under this section.
(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section for fiscal years
2010, 2011, and 2012, such sums as may be necessary. Funds
appropriated under this subsection shall remain available
until expended without fiscal year limitation.
EXPLANATORY STATEMENT
Sec. 10008. The explanatory statement printed in the Senate
section of the Congressional Record on May 19, 2008,
submitted by the Chairman of the Committee on Appropriations
of the Senate regarding the amendments of the Senate to the
House amendments to the Senate amendment to the bill H.R.
2642, making appropriations for military construction, the
Department of Veterans Affairs, and related agencies for the
fiscal year ending September 30, 2008, and for other
purposes, submitted by the Chairman of the Committee on
Appropriations of the Senate, shall have the same effect with
respect to the allocation of funds and implementation of
titles I through XIII of this Act as if it were a report to
the Senate on a bill reported by the Committee on
Appropriations.
short title
Sec. 10009. This Act may be cited as the ``Supplemental
Appropriations Act, 2008''.
______Legislative Activity
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Senate amendment submitted
May 20, 2008
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Floor
Senate amendment submitted
May 20, 2008
Floor
Senate amendment proposed (on the floor): Amendment SA 4789 proposed by Senator Reid.(consideration: CR S4460)
May 20, 2008
Floor
Amendment SA 4789 proposed by Senator Reid. (consideration: CR S4460) In the nature of a substitute.
May 20, 2008
Floor
Amendment SA 4789 (contained in the Reid motion to concur in the House amendment No. 2 to the Senate amendment) ruled out of order by the chair.
May 20, 2008
Amendments
8 amendmentsOffered to this amendment
Amendments
8 amendmentsOffered to this amendment
No matches
S.Amdt. 47902nd degreeMay 20, 2008
In the nature of a substitute.
Rewrites subparagraph (A) through subparagraph (C) · +48 more changes
SA 4790 fell when SA 4789 ruled out of order. · Sponsored by Harry Reid · Amends S.Amdt. 4789
S.Amdt. 48022nd degreeMay 20, 2008
Sponsored by Wayne Allard · Amends S.Amdt. 4789
S.Amdt. 48012nd degreeMay 20, 2008
Sponsored by Wayne Allard · Amends S.Amdt. 4789
S.Amdt. 47992nd degreeMay 20, 2008
Replaces “$73,000,000” with “$70,000,000” · +2 more changes
Sponsored by Mary L. Landrieu · Amends S.Amdt. 4789
S.Amdt. 47952nd degreeMay 20, 2008
Strikes title VIII
Sponsored by David Vitter · Amends S.Amdt. 4789
S.Amdt. 47942nd degreeMay 20, 2008
Adds SEC. ___. USE OF FUNDS FOR CONSTRUCTION wherever appropriate
Sponsored by David Vitter · Amends S.Amdt. 4789
S.Amdt. 47932nd degreeMay 20, 2008
Adds DIVISION _--IMMIGRATION ENFORCEMENT wherever appropriate
Sponsored by David Vitter · Amends S.Amdt. 4789
S.Amdt. 47922nd degreeMay 20, 2008
Strikes section 8021
Sponsored by David Vitter · Amends S.Amdt. 4789