S.Amdt. 4789Senate110th Congress (2007-2009)

In the nature of a substitute.

Sponsored by Harry ReidSen. Harry Reid (D-NV)
Submitted May 20, 2008

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 amendments

Offered to this amendment