In the nature of a substitute.

SA 4804. Mr. REID proposed an amendment to amendment SA 4803 proposed
by Mr. REID to the House amendment numbered 2 to the amendment of the
Senate 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:

Strike all after the word ``TITLE'' on page 2, line 1, and
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.

[[Page S4528]]

Bureau of Alcohol, Tobacco, Firearms and Explosives

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'',
$4,000,000, to remain available until September 30, 2009.

Federal Prison System

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'',
$9,100,000, to remain available until September 30, 2009.

CHAPTER 3

MILITARY CONSTRUCTION

Military Construction, Army

For an additional amount for ``Military Construction,
Army'', $1,170,200,000: Provided, That such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by
law: Provided further, That of the funds made available under
this heading, $1,033,000,000 shall remain available until
September 30, 2009, and $137,200,000 shall remain available
until September 30, 2012: Provided further, That funds made
available under this heading for military construction
projects in Iraq shall not be obligated or expended until the
Secretary of Defense certifies to the Committees on
Appropriations of both Houses of Congress that none of the
funds are to be used for the purpose of providing facilities
for the permanent basing of U.S. military personnel in Iraq.

Military Construction, Navy and Marine Corps

For an additional amount for ``Military Construction, Navy
and Marine Corps'', $300,084,000: Provided, That such funds
may be obligated and expended to carry out planning and
design and military construction projects not otherwise
authorized by law: Provided further, That of the funds made
available under this heading, $270,785,000 shall remain
available until September 30, 2009, and $29,299,000 shall
remain available until September 30, 2012.

Military Construction, Air Force

For an additional amount for ``Military Construction, Air
Force'', $361,900,000: Provided, That such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by
law: Provided further, That of the funds made available under
this heading, $324,300,000 shall remain available until
September 30, 2009, and $37,600,000 shall remain available
until September 30, 2012: Provided further, That funds made
available under this heading for military construction
projects in Iraq shall not be obligated or expended until the
Secretary of Defense certifies to the Committees on
Appropriations of both Houses of Congress that none of the
funds are to be used for the purpose of providing facilities
for the permanent basing of U.S. military personnel in Iraq.

Military Construction, Defense-Wide

For an additional amount for ``Military Construction,
Defense-Wide'', $27,600,000, to remain available until
September 30, 2009: Provided, That such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by
law.

Family Housing Construction, Navy and Marine Corps

For an additional amount for ``Family Housing Construction,
Navy and Marine Corps'', $11,766,000, to remain available
until September 30, 2012: Provided, That such funds may be
obligated or expended for planning and design and military
construction projects not otherwise authorized by law.

Department of Defense Base Closure Account 2005

For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $1,202,886,000, to remain available until
expended.

DEPARTMENT OF VETERANS AFFAIRS

Departmental Administration

GENERAL OPERATING EXPENSES

For an additional amount for ``General Operating
Expenses'', $100,000,000, to remain available until expended.

INFORMATION TECHNOLOGY SYSTEMS

For an additional amount for ``Information Technology
Systems'', $20,000,000, to remain available until expended.

CONSTRUCTION, MAJOR PROJECTS

For an additional amount for ``Construction, Major
Projects'', $437,100,000, to remain available until expended,
which shall be for acceleration and completion of planned
major construction of Level I polytrauma rehabilitation
centers as identified in the Department of Veterans Affairs'
Five Year Capital Plan: Provided, That notwithstanding any
other provision of law, such funds may be obligated and
expended to carry out planning and design and major medical
facility construction not otherwise authorized by law:
Provided further, That within 30 days of enactment of this
Act the Secretary shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this heading.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 1301. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction,
Army'', there is hereby appropriated an additional
$70,600,000, to remain available until September 30, 2012,
for the acceleration and completion of child development
center construction as proposed in the fiscal year 2009
budget request for the Department of the Army: Provided, That
such funds may be obligated and expended to carry out
planning and design and military construction not otherwise
authorized by law.
Sec. 1302. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction,
Navy and Marine Corps'', there is hereby appropriated an
additional $89,820,000, to remain available until September
30, 2012, for the acceleration and completion of child
development and youth center construction as proposed in the
fiscal year 2009 budget request for the Department of the
Navy: Provided, That such funds may be obligated and expended
to carry out planning and design and military construction
not otherwise authorized by law.
Sec. 1303. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction, Air
Force'', there is hereby appropriated an additional
$8,100,000, to remain available until September 30, 2012, for
the acceleration and completion of child development center
construction as proposed in the fiscal year 2009 budget
request for the Department of the Air Force: Provided, That
such funds may be obligated and expended to carry out
planning and design and military construction not otherwise
authorized by law.
Sec. 1304. In addition to amounts otherwise appropriated or
made available under the heading ``Military Construction,
Army'', there is hereby appropriated an additional
$200,000,000, to remain available until September 30, 2012,
to accelerate barracks improvements at Department of the Army
installations: Provided, That such funds may be obligated and
expended to carry out planning and design and barracks
construction not otherwise authorized by law: Provided
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''.

[[Page S4529]]

CHAPTER 4

Subchapter A--Supplemental Appropriations for Fiscal Year 2008

DEPARTMENT OF STATE

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

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

Office Of Inspector General

(Including Transfer of Funds)

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

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

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

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

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

International Organizations

Contributions to International Organizations

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

Contributions for International Peacekeeping Activities

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

RELATED AGENCY

Broadcasting Board of Governors

international broadcasting operations

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

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

International Disaster Assistance

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

Operating Expenses of the United States Agency for International
Development

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

Operating Expenses of the United States Agency for International
Development

OFFICE OF INSPECTOR GENERAL

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

Other Bilateral Economic Assistance

Economic Support Fund

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

Department of State

Democracy Fund

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

International Narcotics Control and Law Enforcement

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

Migration and Refugee Assistance

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

United States Emergency Refugee and Migration Assistance Fund

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

Nonproliferation, Anti-Terrorism, Demining and Related Programs

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

MILITARY ASSISTANCE

Funds Appropriated to the President

Peacekeeping Operations

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

Subchapter B--Bridge Fund Appropriations for Fiscal Year 2009

DEPARTMENT OF STATE

Administration of Foreign Affairs

Diplomatic and Consular Programs

For an additional amount for ``Diplomatic and Consular
Programs'', $652,400,000, which shall become available on
October 1, 2008 and remain available through September 30,
2009: Provided, That of the funds appropriated under this
heading, $78,400,000 is for worldwide security protection and
shall remain available until 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

[[Page S4530]]

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

International Disaster Assistance

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

Operating Expenses of the United States Agency for International
Development

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

Operating Expenses of the United States Agency for International
Development

OFFICE OF INSPECTOR GENERAL

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

Other Bilateral Economic Assistance

Economic Support Fund

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

Department of State

International Narcotics Control and Law Enforcement

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

Migration and Refugee Assistance

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

Nonproliferation, Anti-Terrorism, Demining and Related Programs

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

MILITARY ASSISTANCE

Funds Appropriated to the President

Foreign Military Financing Program

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

Peacekeeping Operations

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

Subchapter C--General Provisions--This Chapter

Extension of Authorities

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

IRAQ

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

[[Page S4531]]

AFGHANISTAN

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

Waiver of Certain Sanctions Against North Korea

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

MEXICO

Sec. 1405. (a) Assistance for Mexico.--Of the funds
appropriated in subchapter A under the heading
``International Narcotics Control and Law Enforcement'', not
more than $350,000,000 may be made available for assistance
for Mexico, only to combat drug trafficking and related
violence and organized crime, and for judicial reform, anti-
corruption, and rule of law activities: Provided, That none
of the funds made available under this section shall be made
available for budget support or as cash payments: Provided
further, That none of the funds made available under this
section shall be available for obligation until the Secretary
of State determines and reports to the Committees on
Appropriations that vetting procedures are in place to ensure
that members and units of the Mexican military and police
forces that receive assistance pursuant to this section have
not been involved in human rights violations or corrupt acts.
(b) Allocation of Funds.--Twenty-five percent of the funds
made available by subchapter A for assistance for Mexico
under the heading ``International Narcotics Control and Law
Enforcement'' may be obligated only after the Secretary of
State determines and reports to the Committees on
Appropriations that:
(1) The Government of Mexico is--
(A) strengthening the legal authority and independence of
the National Human Rights Commission;
(B) establishing police complaints commissions with
authority and independence to receive complaints and carry
out effective investigations;
(C) establishing an independent mechanism, with
representation from civil society, to monitor programs to
combat drug trafficking and related violence and organized
crime, judicial reform, anti-corruption, and rule of law
activities to ensure due process and the protection of
freedoms of expression, association, and assembly, and rights
of privacy, in accordance with Mexican and international law;
(D) is enforcing the prohibition on the use of testimony
obtained through torture or other ill-treatment in violation
of Mexican and international law;
(E) is ensuring that the Mexican military justice system is
transferring all cases involving allegations of human rights
violations by military personnel to civilian prosecutors and
judicial authorities, and that the armed forces are fully
cooperating with civilian prosecutors and judicial
authorities in prosecuting and punishing in civilian courts
members of the armed forces who have been credibly alleged to
have committed such violations; and
(F) is ensuring that federal and state police forces are
fully cooperating with prosecutors and judicial authorities
in prosecuting and punishing members of the police forces who
have been credibly alleged to have committed violations of
human rights.
(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

[[Page S4532]]

Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1).
(f) Spending Plan.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a detailed
spending plan for funds appropriated or otherwise made
available for Mexico in subchapter A, which shall include a
strategy for combating drug trafficking and related violence
and organized crime, judicial reform, preventing corruption,
and strengthening the rule of law, with concrete goals,
actions to be taken, budget proposals, and anticipated
results.
(g) Consultation.--Not later than 90 days after the date of
the enactment of this Act, and every 120 days thereafter
until September 30, 2010, the Secretary of State shall
consult with Mexican and internationally recognized human
rights organizations on progress in meeting the requirements
described in subsection (b).

CENTRAL AMERICA

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

TECHNICAL PROVISIONS

Sec. 1407. (a) Administrative Expenses.--Of the funds
appropriated or otherwise made available under the heading
``Economic Support Fund'' by title III of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161),
up to $7,800,000 may be made available, in addition to
amounts otherwise available for such purposes, for
administrative expenses of the United States Agency for
International Development for alternative development
programs in the Andean region of South America. These funds
may be used to reimburse funds appropriated under the heading
``Operating Expenses of the United States Agency for
International Development'' for obligations incurred for the
purposes provided under this section prior to enactment of
this Act.
(b) Authority.--Funds appropriated or otherwise made
available by title III of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161) under the heading
``Economic Support Fund'' that are available for a
competitively awarded grant for nuclear security initiatives
relating to North Korea shall be made available
notwithstanding any other provision of law.
(c) Extension of Authority.--Not more than $1,350,000 of
the funds appropriated or otherwise made available under the
heading ``Foreign Military Financing Program'' by the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161)
that were previously transferred to and merged with
``Diplomatic and Consular Programs'' may be made available
for any purposes authorized for that account, of which up to
$500,000 shall be made available to increase the capacity of
the United States Embassy in Mexico City to vet members and
units of Mexican military and police forces that receive
assistance made available by this Act and to monitor the uses
of such assistance.
(d) Reimbursements.--Any agreement for the transfer or
allocation of funds appropriated by this Act, or prior Acts,
entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of
the Foreign Assistance Act of 1961 or any comparable
provision of law, shall include the provision of sufficient
funds to fully reimburse the United States Agency for
International Development for the administrative costs,
including the cost of direct hire personnel, incurred in
implementing and managing the programs and activities under
such transfer or allocation. Such funds transferred or
allocated to the United States Agency for International
Development for administrative costs shall be transferred to
and merged with ``Operating Expenses of the United States
Agency for International Development''.
(e) Exception.--Section 8002 of title VIII of this Act
shall not apply to this section.
(f) Spending Authority.--Funds made available by this
chapter may be expended notwithstanding section 699K of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008 (division J of Public Law 110-161).

BUYING POWER MAINTENANCE ACCOUNT

(including transfer of funds)

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

SERBIA

Sec. 1409. (a) Of the funds made available for assistance
for Serbia under the heading ``Assistance for Eastern Europe
and the Baltic States'' 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.

[[Page S4533]]

(b) The requirements of subsection (a) shall not apply if
the Secretary of State certifies to the Committees on
Appropriations that the Government of Serbia has provided
full compensation to the Department of State for damages to
the United States Embassy in Belgrade, Serbia resulting from
the February 21, 2008 attack on such Embassy.
(c) Section 8002 of title VIII of this Act shall not apply
to this section.

Rescissions

(Including Rescissions)

Sec. 1410. (a) World Food Program.--
(1) For an additional amount for a contribution to the
World Food Program to assist farmers in countries affected by
food shortages to increase crop yields, notwithstanding any
other provision of law, $20,000,000, to remain available
until expended.
(2) Of the funds appropriated under the heading ``Andean
Counterdrug Initiative'' in prior acts making appropriations
for foreign operations, export financing, and related
programs, $20,000,000 are rescinded.
(b) Sudan.--
(1) For an additional amount for ``International Narcotics
Control and Law Enforcement'', $10,000,000, for assistance
for Sudan to support formed police units, to remain available
until September 30, 2009, and subject to prior consultation
with the Committees on Appropriations.
(2) Of the funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' in
prior acts making appropriations for foreign operations,
export financing, and related programs, $10,000,000 are
rescinded.
(c) Mexico.--Of the unobligated balances of funds
appropriated for ``Iraq Relief and Reconstruction Fund'' in
prior Acts making appropriations for foreign operations,
export financing, and related programs, $50,000,000 are
rescinded, notwithstanding section 1402(g) of this Act.
(d) Horn of Africa.--
(1) For an additional amount for ``Economic Support Fund'',
$40,000,000 for programs to promote development and counter
extremism in the Horn of Africa, to be administered by the
United States Agency for International Development, and to
remain available until September 30, 2009.
(2) Of the unobligated balances of funds appropriated for
``Iraq Relief and Reconstruction Fund'' in prior Acts making
appropriations for foreign operations, export financing, and
related programs, $40,000,000 are rescinded, notwithstanding
section 1402(g) of this Act.
(e) Exception.--Section 8002 of title VIII of this Act
shall not apply to subsections (a) and (b) of this section.

DARFUR PEACEKEEPING

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

FOOD SECURITY AND CYCLONE NARGIS RELIEF

(INCLUDING RESCISSION OF FUNDS)

Sec. 1412. (a) For an additional amount for ``International
Disaster Assistance'', $225,000,000, to address the
international food crisis globally and for assistance for
Burma to address the effects of Cyclone Nargis: Provided,
That not less than $125,000,000 should be made available for
the local or regional purchase and distribution of food to
address the international food crisis: Provided further, That
notwithstanding any other provision of law, none of the funds
appropriated under this heading may be made available for
assistance for the State Peace and Development Council.
(b) Of the unexpended balances of funds appropriated under
the heading ``Millennium Challenge Corporation'' in prior
Acts making appropriations for foreign operations, export
financing and related programs, $225,000,000 are rescinded.
(c) Section 8002 of title VIII of this Act shall not apply
to this section.

JORDAN

(INCLUDING RESCISSION OF FUNDS)

Sec. 1413. (a) For an additional amount for ``Economic
Support Fund'' for assistance for Jordan, $100,000,000, to
remain available until September 30, 2009.
(b) For an additional amount for ``Foreign Military
Financing Program'' for assistance for Jordan, $200,000,000,
to remain available until September 30, 2009.
(c) Of the unexpended balances of funds appropriated under
the heading ``Millennium Challenge Corporation'' in prior
Acts making appropriations for foreign operations, export
financing, and related programs, $300,000,000 are rescinded.
(d) Section 8002 of title VIII of this Act shall not apply
to this section.

Allocations

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

Reprogramming Authority

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

Spending Plans and Notification Procedures

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

terms and conditions

Sec. 1417. Unless otherwise provided for in this Act, funds
appropriated, or otherwise made available, by this chapter
shall be available under the authorities and conditions
provided in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of
Public Law 110-161).

TITLE II

DOMESTIC MATTERS

CHAPTER 1

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

SALARIES AND EXPENSES

For an additional amount for salaries and expenses of the
Food and Drug Administration, $265,000,000, to remain
available until September 30, 2009: Provided, That of the
amount provided: (1) $119,000,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$48,500,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs; (3) $23,500,000 shall be for the Center
for Biologics Evaluation and Research and related field
activities in the Office of Regulatory Affairs; (4)
$10,700,000 shall be for the Center for Veterinary Medicine
and related field activities in the Office of Regulatory
Affairs; (5) $35,500,000 shall be for the Center for Devices
and Radiological Health and related field activities in the
Office of Regulatory Affairs; (6) $6,000,000 shall be for the
National Center for Toxicological Research; and (7)
$21,800,000 shall be for other activities, including the
Office of the Commissioner, the Office of Scientific and
Medical Programs; the Office of Policy, Planning and
Preparedness; the Office of International and Special
Programs; the Office of Operations; and central services for
these offices.

BUILDINGS AND FACILITIES

For an additional amount for plans, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities of or used by the Food and Drug
Administration, where not otherwise provided, $10,000,000, to
remain available until expended.

CHAPTER 2

DEPARTMENT OF COMMERCE

Bureau of the Census

periodic censuses and programs

For an additional amount for ``Periodic Censuses and
Programs'', $210,000,000, to remain available until expended,
for necessary

[[Page S4534]]

expenses related to the 2010 Decennial Census: Provided, That
not less than $3,000,000 shall be transferred to the ``Office
of Inspector General'' at the Department of Commerce for
necessary expenses associated with oversight activities of
the 2010 Decennial Census: Provided further, That $1,000,000
shall be used only for a reimbursable agreement with the
Defense Contract Management Agency to provide continuing
contract management oversight of the 2010 Decennial Census.

DEPARTMENT OF JUSTICE

United States Marshals Service

Salaries and Expenses

For an additional amount for ``Salaries and Expenses'',
$50,000,000 for the United States Marshals Service to
implement and enforce the Adam Walsh Child Protection and
Safety Act (Public Law 109-248) to track down and arrest non-
compliant sex offenders.

Federal Prison System

SALARIES AND EXPENSES

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

Office of Justice Programs

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For an additional amount for the Edward Byrne Memorial
Justice Assistance Grant program as authorized by subpart 1
of part E of title I of Omnibus Crime Control and Safe Street
Act of 1968 (``1968 Act''), (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
the 1968 Act, shall not apply for purposes of this Act),
$490,000,000, to remain available until September 30, 2008.
For an additional amount for ``State and Local Law
Enforcement Assistance'', $100,000,000 for competitive grants
to provide assistance and equipment to local law enforcement
along the Southern border and in High-Intensity Drug
Trafficking Areas to combat criminal narcotic activity
stemming from the Southern border, of which $10,000,000 shall
be for the ATF Project Gunrunner.

SCIENCE

National Aeronautics and Space Administration

RETURN TO FLIGHT

For necessary expenses, not otherwise provided for, in
carrying out return to flight activities associated with the
space shuttle and activities from which funds were
transferred to accommodate return to flight activities,
$200,000,000.

National Science Foundation

RESEARCH AND RELATED ACTIVITIES

For additional expenses in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), $150,000,000.

EDUCATION AND HUMAN RESOURCES

For additional expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), $50,000,000.

CHAPTER 3

DEPARTMENT OF ENERGY

Non-Defense Environmental Cleanup

For an additional amount for ``Non-Defense Environmental
Cleanup'', $5,000,000, to remain available until expended.

Uranium Enrichment Decontamination and Decommissioning Fund

For an additional amount for ``Uranium Enrichment
Decontamination and Decommissioning Fund'', $52,000,000, to
remain available until expended.

Science

For an additional amount for ``Science'', $100,000,000, to
remain available until expended.

Environmental and Other Defense Activities

DEFENSE ENVIRONMENTAL CLEANUP

For an additional amount for ``Defense Environmental
Cleanup'', $243,000,000, to remain available until expended.

GENERAL PROVISION--THIS CHAPTER

Sec. 2301. Incentives for Additional Downblending of Highly
Enriched Uranium by the Russian Federation. The USEC
Privatization Act (42 U.S.C. 2297h et seq.) is amended--
(1) in section 3102, by striking ``For purposes'' and
inserting ``Except as provided in section 3112A, for
purposes'';
(2) in section 3112(a), by striking ``The Secretary'' and
inserting ``Except as provided in section 3112A(d), the
Secretary''; and
(3) by inserting after section 3112 the following:

``SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF
HIGHLY ENRICHED URANIUM BY THE RUSSIAN
FEDERATION.

``(a) Definitions.--In this section:
``(1) Completion of the russian heu agreement.--The term
`completion of the Russian HEU Agreement' means the
importation into the United States from the Russian
Federation pursuant to the Russian HEU Agreement of uranium
derived from the downblending of not less than 500 metric
tons of highly enriched uranium of weapons origin.
``(2) Downblending.--The term `downblending' means
processing highly enriched uranium into a uranium product in
any form in which the uranium contains less than 20 percent
uranium-235.
``(3) Highly enriched uranium.--The term `highly enriched
uranium' has the meaning given that term in section 3102(4).
``(4) Highly enriched uranium of weapons origin.--The term
`highly enriched uranium of weapons origin' means highly
enriched uranium that--
``(A) contains 90 percent or more uranium-235; and
``(B) is verified by the Secretary of Energy to be of
weapons origin.
``(5) Low-enriched uranium.--The term `low-enriched
uranium' means a uranium product in any form, including
uranium hexafluoride (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 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

[[Page S4535]]

under paragraph (2)(A) for a calendar year if the Secretary--
``(A) in consultation with the Secretary of Energy,
determines that the available supply of low-enriched uranium
from the Russian Federation and the available stockpiles of
uranium of the Department of Energy are insufficient to meet
demand in the United States in the following calendar year;
and
``(B) notifies Congress of the adjustment not less than 45
days before making the adjustment.
``(6) Equivalent quantities of low-enriched uranium
imports.--
``(A) In general.--The import limitations described in
paragraphs (1) and (2) are expressed in terms of uranium
containing 4.4 percent uranium-235 and a tails assay of 0.3
percent.
``(B) Adjustment for other uranium.--Imports of low-
enriched uranium under paragraphs (1) and (2) shall count
against the import limitations described in such paragraphs
in amounts calculated as the quantity of low-enriched uranium
containing 4.4 percent uranium-235 necessary to equal the
total amount of uranium-235 contained in such imports.
``(7) Downblending of other highly enriched uranium.--
``(A) In general.--The downblending of highly enriched
uranium not of weapons origin may be counted for purposes of
paragraph (2)(B) or (8)(B), subject to verification under
paragraph (10), if the Secretary of Energy determines that
the highly enriched uranium to be downblended poses a risk to
the national security of the United States.
``(B) Equivalent quantities of highly enriched uranium.--
For purposes of determining the additional low-enriched
uranium imports allowed under paragraph (2)(B) and for
purposes of paragraph (8)(B), highly enriched uranium not of
weapons origin downblended pursuant to subparagraph (A) shall
count as downblended highly enriched uranium of weapons
origin in amounts calculated as the quantity of highly
enriched uranium containing 90 percent uranium-235 necessary
to equal the total amount of uranium-235 contained in the
highly enriched uranium not of weapons origin downblended
pursuant to subparagraph (A).
``(8) Termination of import restrictions after downblending
of an additional 300 metric tons of highly enriched
uranium.--The provisions of this subsection shall terminate
on the later of--
``(A) December 31, 2020; or
``(B) the date on which the Secretary of Energy certifies
to Congress that, after the completion of the Russian HEU
Agreement, not less than an additional 300 metric tons of
Russian highly enriched uranium of weapons origin have been
downblended.
``(9) Special rule if importation under russian heu
agreement terminates early.--Notwithstanding any other
provision of law, no low-enriched uranium produced in the
Russian Federation that is not derived from highly enriched
uranium of weapons origin, including low-enriched uranium
obtained under contracts for separative work units, may be
imported into the United States if, before the completion of
the Russian HEU Agreement, the Secretary of Energy determines
that the Russian Federation has taken deliberate action to
disrupt or halt the importation into the United States of
low-enriched uranium under the Russian HEU Agreement.
``(10) Technical verifications by secretary of energy.--
``(A) In general.--The Secretary of Energy shall verify the
origin, quantity, and uranium-235 content of the highly
enriched uranium downblended for purposes of paragraphs
(2)(B), (7), and (8)(B).
``(B) Methods of verification.--In conducting the
verification required under subparagraph (A), the Secretary
of Energy shall employ the transparency measures provided for
in the Russian HEU Agreement for monitoring the downblending
of Russian highly enriched uranium of weapons origin and such
other methods as the Secretary determines appropriate.
``(11) Enforcement of import limitations.--The Secretary of
Commerce shall be responsible for enforcing the import
limitations imposed under this subsection and shall enforce
such import limitations in a manner that imposes a minimal
burden on the commercial nuclear industry.
``(12) Effect on other agreements.--
``(A) Russian heu agreement.--Nothing in this section shall
be construed to modify the terms of the Russian HEU
Agreement, including the provisions of the Agreement relating
to the amount of low-enriched uranium that may be imported
into the United States.
``(B) Other agreements.--If a provision of any agreement
between the United States and the Russian Federation, other
than the Russian HEU Agreement, relating to the importation
of low-enriched uranium into the United States conflicts with
a provision of this section, the provision of this section
shall supersede the provision of the agreement to the extent
of the conflict.
``(d) Downblending of Highly Enriched Uranium in the United
States.--The Secretary of Energy may sell uranium in the
jurisdiction of the Secretary, including downblended highly
enriched uranium, at fair market value to a licensed operator
of a nuclear reactor in the United States--
``(1) in the event of a disruption in the nuclear fuel
supply in the United States; or
``(2) after a determination of the Secretary under
subsection (c)(9) that the Russian Federation has taken
deliberate action to disrupt or halt the importation into the
United States of low-enriched uranium under the Russian HEU
Agreement.''.

CHAPTER 4

GENERAL PROVISION--THIS CHAPTER

Sec. 2401. Veterans Business Resource Centers. There are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2008,
$600,000 for the ``Salaries and Expenses'' account of the
Small Business Administration, for grants in the amount of
$200,000 to veterans business resource centers that received
grants from the National Veterans Business Development
Corporation in fiscal years 2006 and 2007.

CHAPTER 5

GENERAL PROVISION--THIS CHAPTER

Sec. 2501. For fiscal year 2008, there is appropriated
$400,000,000, to remain available until December 31, 2008,
for payments described in sections 101, 102(b)(3), and
103(b)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (Public Law 106-393).

CHAPTER 6

DEPARTMENT OF LABOR

Employment and Training Administration

State Unemployment Insurance and Employment Service Operations

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

DISEASE CONTROL, RESEARCH, AND TRAINING

For an additional amount for ``Disease Control, Research,
and Training'', $26,000,000, for the prevention of and
response to medical errors including research, education and
outreach activities; of which no less than $5,000,000 shall
be for responding to outbreaks of communicable diseases
related to the re-use of syringes in outpatient clinics,
including reimbursement of local health departments for
testing and genetic sequencing of persons potentially
exposed.

National Institutes of Health

OFFICE OF THE DIRECTOR

(including transfer of funds)

For an additional amount for ``Office of the Director,
National Institutes of Health'', $400,000,000.

GENERAL PROVISIONS--THIS CHAPTER

Sec. 2601. In addition to amounts otherwise made available
for fiscal year 2008, there are appropriated, out of any
money in the Treasury not otherwise appropriated,
$1,000,000,000 for fiscal year 2008, for making payments
under the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8623).
Sec. 2602. Report on the Impact of Past and Future Minimum
Wage Increases. (a) In General.--Section 8104 of the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28;
121 Stat. 189) is amended to read as follows:

``SEC. 8104. REPORT ON THE IMPACT OF PAST AND FUTURE MINIMUM
WAGE INCREASES.

``(a) Study.--Beginning on the date that is 60 days after
the date of enactment of this Act, and every year thereafter
until the minimum wage in the respective territory is $7.25
per hour, the Government Accountability Office shall conduct
a study to--
``(1) assess the impact of the minimum wage increases that
occurred in American Samoa and the Commonwealth of the
Northern Mariana Islands in 2007 and 2008, as required under
Public Law 110-28, on the rates of employment and the living
standards of workers, with full consideration of the other
factors that impact rates of employment and the living
standards of workers such as inflation in the cost of food,
energy, and other commodities; and
``(2) estimate the impact of any further wage increases on
rates of employment and the living standards of workers in
American Samoa and the Commonwealth of the Northern Mariana
Islands, with full consideration of the other factors that
may impact the rates of employment and the living standards
of workers, including assessing how the profitability of
major private sector firms may be impacted by wage increases
in comparison to other factors such as energy costs and the
value of tax benefits.
``(b) Report.--No earlier than March 15, 2009, and not
later than April 15, 2009, the Government Accountability
Office shall transmit its first report to Congress concerning
the findings of the study required under subsection (a). The
Government Accountability Office shall transmit any
subsequent reports to Congress concerning the findings of a
study required by subsection (a) between March 15 and April
15 of each year.
``(c) Economic Information.--To provide sufficient economic
data for the conduct of the study under subsection (a)--
``(1) the Department of Labor shall include and separately
report on American Samoa

[[Page S4536]]

and the Commonwealth of the Northern Mariana Islands in its
household surveys and establishment surveys;
``(2) the Bureau of Economic Analysis of the Department of
Commerce shall include and separately report on American
Samoa and the Commonwealth of the Northern Mariana Islands in
its gross domestic product data; and
``(3) the Bureau of the Census of the Department of
Commerce shall include and separately report on American
Samoa and the Commonwealth of the Northern Mariana Islands in
its population estimates and demographic profiles from the
American Community Survey,

with the same regularity and to the same extent as the
Department or each Bureau collects and reports such data for
the 50 States. In the event that the inclusion of American
Samoa and the Commonwealth of the Northern Mariana Islands in
such surveys and data compilations requires time to structure
and implement, the Department of Labor, the Bureau of
Economic Analysis, and the Bureau of the Census (as the case
may be) shall in the interim annually report the best
available data that can feasibly be secured with respect to
such territories. Such interim reports shall describe the
steps the Department or the respective Bureau will take to
improve future data collection in the territories to achieve
comparability with the data collected in the United States.
The Department of Labor, the Bureau of Economic Analysis, and
the Bureau of the Census, together with the Department of the
Interior, shall coordinate their efforts to achieve such
improvements.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of enactment of this Act.

CHAPTER 7

RELATED AGENCY

American Battle Monuments Commission

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For an additional amount for ``Foreign Currency
Fluctuations Account'', $10,000,000, to remain available
until expended, for purposes authorized by section 2109 of
title 36, United States Code.

TITLE III

HURRICANES KATRINA AND RITA, AND OTHER NATURAL DISASTERS

CHAPTER 1

DEPARTMENT OF AGRICULTURE

Farm Service Agency

EMERGENCY CONSERVATION PROGRAM

For the purposes of carrying out the Emergency Conservation
Program, there is hereby appropriated $49,413,000, to remain
available until expended.

Natural Resources Conservation Service

WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for ``Watershed and Flood
Prevention Operations'', for emergency recovery operations,
$130,464,000, to remain available until expended.

GENERAL PROVISION--THIS CHAPTER

(including rescission)

Sec. 3101. Of the funds made available in the second
paragraph under the heading ``Rural Utilities Service, Rural
Electrification and Telecommunications Loans Program
Account'' in chapter 1 of division B of the Department of
Defense, Emergency Supplemental Appropriations to Address
Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109-148; 119 Stat. 2746), the Secretary may
use an amount not to exceed $1,000,000 of remaining
unobligated funds for the cost of loan modifications to rural
electric loans made or guaranteed under the Rural
Electrification Act of 1936, to respond to damage caused by
any weather related events since Hurricane Katrina, to remain
available until expended: Provided, That $1,000,000 of the
remaining unobligated funds under such paragraph are
rescinded.

CHAPTER 2

DEPARTMENT OF COMMERCE

Economic Development Administration

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For an additional amount for economic development
assistance as provided by section 3082(a) of the Water
Resources Development Act of 2007 (Public Law 110-114),
$75,000,000.

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to economic
impacts associated with commercial fishery failures, fishery
resource disasters, and regulations on commercial fishing
industries, $75,000,000.

DEPARTMENT OF JUSTICE

Office of Justice Programs

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For an additional amount for ``State and Local Law
Enforcement Assistance'', for discretionary grants authorized
by subpart 2 of part E, of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 as in effect on
September 30, 2006, $75,000,000: Provided, That the amount
made available under this heading shall be for local law
enforcement initiatives in the Gulf Coast region related to
the aftermath of Hurricane Katrina.

CHAPTER 3

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

CONSTRUCTION

For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, and for recovery from
other natural disasters $5,033,345,000, to remain available
until expended: Provided, That the Secretary of the Army is
directed to use $4,362,000,000 of the funds appropriated
under this heading to modify authorized projects in southeast
Louisiana to provide hurricane and storm damage reduction and
flood damage reduction in the greater New Orleans and
surrounding areas to provide the levels of protection
necessary to achieve the certification required for
participation in the National Flood Insurance Program under
the base flood elevations current at the time of this
construction; $1,657,000,000 shall be used for the Lake
Pontchartrain and Vicinity; $1,415,000,000 shall be used for
the West Bank and Vicinity project; and $1,290,000,000 shall
be for elements of the Southeast Louisiana Urban Drainage
project, that are within the geographic perimeter of the West
Bank and Vicinity and Lake Pontchartrain and Vicinity
projects to provide for interior drainage of runoff from
rainfall with a 10 percent annual exceedance probability:
Provided further, That none of this $4,362,000,000 shall
become available for obligation until October 1, 2008:
Provided further, That non-Federal cost allocations for these
projects shall be consistent with the cost-sharing provisions
under which the projects were originally constructed:
Provided further, That the $1,315,000,000 non-Federal cost
share for these projects shall be repaid in accordance with
provisions of section 103(k) of Public Law 99-662 over a
period of 30 years: Provided further, That the expenditure of
funds as provided above may be made without regard to
individual amounts or purposes except that any reallocation
of funds that are necessary to accomplish the established
goals are authorized, subject to the approval of the House
and Senate Committees on Appropriations: Provided further,
That the Secretary of the Army is directed to use
$604,745,000 of the funds appropriated under this heading to
provide hurricane and storm damage reduction, flood damage
reduction and ecosystem restoration along the Gulf Coast of
Mississippi and surrounding areas generally as described in
the Mobile District Engineer's Mississippi Coastal
Improvements Program Comprehensive Plan Report; $173,615,000
shall be used for ecosystem restoration projects; $4,550,000
shall be used for the Moss Point Municipal Relocation
project; $5,000,000 shall be used for the Waveland
Floodproofing project; $150,000 shall be used for the
Mississippi Sound Sub Aquatic Vegetation project; $15,430,000
shall be used for the Coast-wide Dune Restoration 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

[[Page S4537]]

to the House and Senate Committees on Appropriations
detailing the allocation and obligation of these funds,
beginning not later than 60 days after enactment of this Act.

FLOOD CONTROL AND COASTAL EMERGENCIES

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

GENERAL EXPENSES

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

CHAPTER 4

GENERAL PROVISIONS--THIS CHAPTER

Sec. 3401. Notwithstanding any other provision of law, and
not later than 30 days after the date of submission of a
request for a single payment, the Federal Emergency
Management Agency shall provide a single payment for any
eligible costs under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act for any police
station, fire station, or criminal justice facility that was
damaged by Hurricane Katrina of 2005 or Hurricane Rita of
2005: Provided, That nothing in this section may be construed
to alter the appeal or review process relating to assistance
provided under section 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act: Provided further, That
the Federal Emergency Management Agency shall not reduce the
amount of assistance provided under section 406(c)(1) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act for such facilities.
Sec. 3402. Until such time as the updating of flood
insurance rate maps under section 19 of the Flood
Modernization Act of 2007 is completed (as determined by the
district engineer) for all areas located in the St. Louis
District of the Mississippi Valley Division of the Corps of
Engineers, the Administrator of the Federal Emergency
Management Agency shall not adjust the chargeable premium
rate for flood insurance under this section for any type or
class of property located in an area in that District nor
require the purchase of flood insurance for any type or class
of property located in an area in that District not subject
to such purchase requirement prior to the updating of such
national flood insurance program rate map: Provided, That for
purposes of this section, the term ``area'' does not include
any area (or subdivision thereof) that has chosen not to
participate in the flood insurance program under this section
as of the date of enactment of this Act.

CHAPTER 5

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

Wildland Fire Management

(including transfer of funds)

For an additional amount for ``Wildland Fire Management'',
$125,000,000, to remain available until expended, of which
$100,000,000 is for emergency wildland fire suppression
activities, and of which $25,000,000 is for rehabilitation
and restoration of Federal lands: Provided, That emergency
wildland fire suppression funds are also available for
repayment to other appropriations accounts from which funds
were transferred for wildfire suppression.

National Park Service

Historic Preservation Fund

For an additional amount for the ``Historic Preservation
Fund'', for expenses related to the consequences of Hurricane
Katrina, $15,000,000, to remain available until expended:
Provided, That the funds provided under this heading shall be
provided to the Louisiana State Historic Preservation
Officer, after consultation with the National Park Service,
for grants for restoration and rehabilitation at Jackson
Barracks: Provided further, That no more than 5 percent of
funds provided under this heading for disaster relief grants
may be used for administrative expenses.

ENVIRONMENTAL PROTECTION AGENCY

State and Tribal Assistance Grants

For an additional amount for ``State and Tribal Assistance
Grants'', for expenses related to the consequences of
Hurricane Katrina, $5,000,000, to remain available until
expended, for a grant to Cameron Parish, Louisiana, for
construction of drinking water, wastewater and storm water
infrastructure and for water quality protection: Provided,
That for purposes of this grant, the grantee shall contribute
not less than 45 percent of the cost of the project unless
the grantee is approved for a waiver by the Agency.

DEPARTMENT OF AGRICULTURE

Forest Service

Wildland Fire Management

(including transfers of funds)

For an additional amount for ``Wildland Fire Management'',
$325,000,000, to remain available until expended, of which
$250,000,000 shall be available for emergency wildfire
suppression, and of which $75,000,000 shall be available for
rehabilitation and restoration of Federal lands and may be
transferred to other Forest Service accounts as necessary:
Provided, That emergency wildfire suppression funds are also
available for repayment to other appropriations accounts from
which funds were transferred for wildfire suppression.

CHAPTER 6

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare and Medicaid Services

For grants to States, consistent with section 6201(a)(4) of
the Deficit Reduction Act of 2005, to make payments as
defined by the Secretary in the methodology used for the
Provider Stabilization grants to those Medicare participating
general acute care hospitals, as defined in section 1886(d)
of the Social Security Act, and currently operating in
Jackson, Forrest, Hancock, and Harrison Counties of
Mississippi and Orleans and Jefferson Parishes of Louisiana
which continue to experience severe financial exigencies and
other economic losses attributable to Hurricane Katrina or
its subsequent flooding, and are in need of supplemental
funding to relieve the financial pressures these hospitals
face resulting from increased wage rates in hiring and
retaining staff in order to stabilize access to patient care,
$350,000,000, to be made available until September 30, 2010.

CHAPTER 7

MILITARY CONSTRUCTION

Military Construction, Army National Guard

(INCLUDING RESCISSION OF FUNDS)

For an additional amount for ``Military Construction, Army
National Guard'',

[[Page S4538]]

$11,503,000, to remain available until September 30, 2012:
Provided, That such funds may be obligated or expended for
planning and design and military construction projects not
otherwise authorized by law: Provided further, That of the
funds appropriated for ``Military Construction, Army National
Guard'' under Public Law 109-234, $7,000,000 are hereby
rescinded.

GENERAL PROVISION--THIS CHAPTER

Sec. 3701. Within the funds available in the Department of
Defense Family Housing Improvement Fund as credited in
accordance with 10 U.S.C. 2883(c), $10,500,000 shall be
available for use at the Naval Construction Battalion Center,
Gulfport, Mississippi, under the terms and conditions
specified by 10 U.S.C. 2883, to remain available until
expended.

CHAPTER 8

DEPARTMENT OF TRANSPORTATION

Federal-aid Highways

EMERGENCY RELIEF PROGRAM

For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, for eligible disasters occurring in fiscal years 2005
to the present, $451,126,383, to remain available until
expended.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Permanent Supportive Housing

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

Project-based Rental Assistance

For an additional amount to areas impacted by Hurricane
Katrina in the State of Mississippi for project-based
vouchers under section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)13)), $20,000,000, to remain
available until expended.

Housing Transition Assistance

For an additional amount to the State of Louisiana for case
management and housing transition services for families in
areas impacted by Hurricanes Katrina and Rita of 2005,
$3,000,000, to remain available until expended.

Community Development Fund

For an additional amount for the ``Community development
fund'' for necessary expenses related to any uncompensated
housing damage directly related to the consequences of
Hurricane Katrina in the State of Alabama, $50,000,000, to
remain available until expended: Provided, That prior to the
obligation of funds the State shall submit a plan to the
Secretary detailing the proposed use of all funds, including
criteria for eligibility and how the use of these funds will
address uncompensated housing damage: Provided further, That
such funds may not be used for activities reimbursable by or
for which funds are made available by the Federal Emergency
Management Agency: Provided further, That the State may use
up to 5 percent of its allocation for administrative costs:
Provided further, That in administering the funds under this
paragraph, the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for, any provision
of any statute or regulation that the Secretary administers
in connection with the obligation by the Secretary or the use
by the recipient of these funds or guarantees (except for
requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a request by the
State that such waiver is required to facilitate the use of
such funds or guarantees, and a finding by the Secretary that
such waiver would not be inconsistent with the overall
purpose of the statute: Provided further, That the Secretary
may waive the requirement that activities benefit persons of
low and moderate income, except that at least 50 percent of
the funds made available under this heading must benefit
primarily persons of low and moderate income unless the
Secretary otherwise makes a finding of compelling need:
Provided further, That the Secretary shall publish in the
Federal Register any waiver of any statute or regulation that
the Secretary administers pursuant to title I of the Housing
and Community Development Act of 1974 no later than 5 days
before the effective date of such waiver.

(RESCISSION)

Of the unobligated balances remaining from funds
appropriated under this heading by section 159 of Public Law
110-116 for the Louisiana Road Home program, $200,000,000 are
rescinded.

TITLE IV--VETERANS EDUCATIONAL ASSISTANCE

SEC. 4001. SHORT TITLE.

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

SEC. 4002. FINDINGS.

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

SEC. 4003. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED
FORCES WHO SERVE AFTER SEPTEMBER 11, 2001.

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

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

``subchapter i--definitions

``Sec.
``3301. Definitions.

``subchapter ii--educational assistance

``3311. Educational assistance for service in the Armed Forces
commencing on or after September 11, 2001: entitlement.
``3312. Educational assistance: duration.
``3313. Educational assistance: amount; payment.
``3314. Tutorial assistance.
``3315. Licensure and certification tests.
``3316. Supplemental educational assistance: members with critical
skills or specialty; members serving additional service.
``3317. Public-private contributions for additional educational
assistance.
``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

[[Page S4539]]

section 3002 of this title, except to the extent otherwise
provided in section 3313 of this title.
``(4) The term `Secretary of Defense' has the meaning given
such term in section 3002 of this title.

``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

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

``(a) Entitlement.--Subject to subsections (d) and (e),
each individual described in subsection (b) is entitled to
educational assistance under this chapter.
``(b) Covered Individuals.--An individual described in this
subsection is any individual as follows:
``(1) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 36 months on active duty in the Armed
Forces (including service on active duty in entry level and
skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty; or
``(ii) is discharged or released from active duty as
described in subsection (c).
``(2) An individual who--
``(A) commencing on or after September 11, 2001, serves at
least 30 continuous days on active duty in the Armed Forces;
and
``(B) after completion of service described in subparagraph
(A), is discharged or released from active duty in the Armed
Forces for a service-connected disability.
``(3) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 30 months, but less than 36 months, on
active duty in the Armed Forces (including service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 36 months; or
``(ii) before completion of service on active duty of an
aggregate of 36 months, is discharged or released from active
duty as described in subsection (c).
``(4) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 24 months, but less than 30 months, on
active duty in the Armed Forces (including service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 30 months; or
``(ii) before completion of service on active duty of an
aggregate of 30 months, is discharged or released from active
duty as described in subsection (c).
``(5) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 18 months, but less than 24 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 24 months; or
``(ii) before completion of service on active duty of an
aggregate of 24 months, is discharged or released from active
duty as described in subsection (c).
``(6) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 12 months, but less than 18 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 18 months; or
``(ii) before completion of service on active duty of an
aggregate of 18 months, is discharged or released from active
duty as described in subsection (c).
``(7) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 6 months, but less than 12 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 12 months; or
``(ii) before completion of service on active duty of an
aggregate of 12 months, is discharged or released from active
duty as described in subsection (c).
``(8) An individual who--
``(A) commencing on or after September 11, 2001, serves an
aggregate of at least 90 days, but less than 6 months, on
active duty in the Armed Forces (excluding service on active
duty in entry level and skill training); and
``(B) after completion of service described in subparagraph
(A)--
``(i) continues on active duty for an aggregate of less
than 6 months; or
``(ii) before completion of service on active duty of an
aggregate of 6 months, is discharged or released from active
duty as described in subsection (c).
``(c) Covered Discharges and Releases.--A discharge or
release from active duty of an individual described in this
subsection is a discharge or release as follows:
``(1) A discharge from active duty in the Armed Forces with
an honorable discharge.
``(2) A release after service on active duty in the Armed
Forces characterized by the Secretary concerned as honorable
service and placement on the retired list, transfer to the
Fleet Reserve or Fleet Marine Corps Reserve, or placement on
the temporary disability retired list.
``(3) A release from active duty in the Armed Forces for
further service in a reserve component of the Armed Forces
after service on active duty characterized by the Secretary
concerned as honorable service.
``(4) A discharge or release from active duty in the Armed
Forces for--
``(A) a medical condition which preexisted the service of
the individual as described in the applicable paragraph of
subsection (b) and which the Secretary determines is not
service-connected;
``(B) hardship; or
``(C) a physical or mental condition that was not
characterized as a disability and did not result from the
individual's own willful misconduct but did interfere with
the individual's performance of duty, as determined by the
Secretary concerned in accordance with regulations prescribed
by the Secretary of Defense.
``(d) Prohibition on Treatment of Certain Service as Period
of Active Duty.--The following periods of service shall not
be considered a part of the period of active duty on which an
individual's entitlement to educational assistance under this
chapter is based:
``(1) A period of service on active duty of an officer
pursuant to an agreement under section 2107(b) of title 10.
``(2) A period of service on active duty of an officer
pursuant to an agreement under section 4348, 6959, or 9348 of
title 10.
``(3) A period of service that is terminated because of a
defective enlistment and induction based on--
``(A) the individual's being a minor for purposes of
service in the Armed Forces;
``(B) an erroneous enlistment or induction; or
``(C) a defective enlistment agreement.
``(e) Treatment of Individuals Entitled Under Multiple
Provisions.--In the event an individual entitled to
educational assistance under this chapter is entitled by
reason of both paragraphs (4) and (5) of subsection (b), the
individual shall be treated as being entitled to educational
assistance under this chapter by reason of paragraph (5) of
such subsection.

``Sec. 3312. Educational assistance: duration

``(a) In General.--Subject to section 3695 of this title
and except as provided in subsections (b) and (c), an
individual entitled to educational assistance under this
chapter is entitled to a number of months of educational
assistance under section 3313 of this title equal to 36
months.
``(b) Continuing Receipt.--The receipt of educational
assistance under section 3313 of this title by an individual
entitled to educational assistance under this chapter is
subject to the provisions of section 3321(b)(2) of this
title.
``(c) Discontinuation of Education for Active Duty.--(1)
Any payment of educational assistance described in paragraph
(2) shall not--
``(A) be charged against any entitlement to educational
assistance of the individual concerned under this chapter; or
``(B) be counted against the aggregate period for which
section 3695 of this title limits the individual's receipt of
educational assistance under this chapter.
``(2) Subject to paragraph (3), the payment of educational
assistance described in this paragraph is the payment of such
assistance to an individual for pursuit of a course or
courses 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.

[[Page S4540]]

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

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

``(2) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(3)
of this title, amounts equal to 90 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(3) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(4)
of this title, amounts equal to 80 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(4) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(5)
of this title, amounts equal to 70 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(5) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(6)
of this title, amounts equal to 60 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(6) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(7)
of this title, amounts equal to 50 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(7) In the case of an individual entitled to educational
assistance under this chapter by reason of section 3311(b)(8)
of this title, amounts equal to 40 percent of the amounts
that would be payable to the individual under paragraph (1)
for the program of education if the individual were entitled
to amounts for the program of education under paragraph (1)
rather than this paragraph.
``(d) Frequency of Payment.--(1) Payment of the amounts
payable under subsection (c)(1)(A), and of similar amounts
payable under paragraphs (2) through (7) of subsection (c),
for pursuit of a program of education shall be made for the
entire quarter, semester, or term, as applicable, of the
program of education.
``(2) Payment of the amount payable under subsection
(c)(1)(B), and of similar amounts payable under paragraphs
(2) through (7) of subsection (c), for pursuit of a program
of education shall be made on a monthly basis.
``(3) The Secretary shall prescribe in regulations methods
for determining the number of months (including fractions
thereof) of entitlement of an individual to educational
assistance this chapter that are chargeable under this
chapter for an advance payment of amounts under paragraphs
(1) and (2) for pursuit of a program of education on a
quarter, semester, term, or other basis.
``(e) Programs of Education Pursued on Active Duty.--(1)
Educational assistance is payable under this chapter for
pursuit of an approved program of education while on active
duty.
``(2) The amount of educational assistance payable under
this chapter to an individual pursuing a program of education
while on active duty is the lesser of--
``(A) the established charges which similarly circumstanced
nonveterans enrolled in the program of education involved
would be required to pay; or
``(B) the amount of the charges of the educational
institution as elected by the individual in the manner
specified in section 3014(b)(1) of this title.
``(3) Payment of the amount payable under paragraph (2) for
pursuit of a program of education shall be made for the
entire quarter, semester, or term, as applicable, of the
program of education.
``(4) For each month (as determined pursuant to the methods
prescribed under subsection (d)(3)) for which amounts are
paid an individual under this subsection, the entitlement of
the individual to educational assistance under this chapter
shall be charged at the rate of one month for each such
month.
``(f) Programs of Education Pursued on Half-Time Basis or
Less.--(1) Educational assistance is payable under this
chapter for pursuit of an approved program of education on
half-time basis or less.
``(2) The educational assistance payable under this chapter
to an individual pursuing a program of education on half-time
basis or less is the amounts as follows:
``(A) The amount equal to the lesser of--
``(i) the established charges which similarly circumstanced
nonveterans enrolled in the program of education involved
would be required to pay; or
``(ii) the maximum amount that would be payable to the
individual for the program of education under paragraph
(1)(A) of subsection (c), or under the provisions of
paragraphs (2) through (7) of subsection (c) applicable to
the individual, for the program of education if the
individual were entitled to amounts for the program of
education under subsection (c) rather than this subsection.
``(B) A stipend in an amount equal to the amount of the
appropriately reduced amount of the lump sum amount for
books, supplies, equipment, and other educational costs
otherwise payable to the individual under subsection (c).
``(3) Payment of the amounts payable to an individual under
paragraph (2) for pursuit of a program of education on half-
time basis or less shall be made for the entire quarter,
semester, or term, as applicable, of the program of
education.
``(4) For each month (as determined pursuant to the methods
prescribed under subsection (d)(3)) for which amounts are
paid an individual under this subsection, the entitlement of
the individual to educational assistance under this chapter
shall be charged at a percentage of a month equal to--
``(A) the number of course hours borne by the individual in
pursuit of the program of education involved, divided by
``(B) the number of course hours for full-time pursuit of
such program of education.
``(g) Payment of Established Charges to Educational
Institutions.--Amounts payable under subsections (c)(1)(A)
(and of similar amounts payable under paragraphs (2) through
(7) of subsection (c)), (e)(2) and (f)(2)(A) shall be 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.

[[Page S4541]]

``(c) Amount.--(1) The amount of benefits described in
subsection (a) that are payable under this section may not
exceed $100 per month, for a maximum of 12 months, or until a
maximum of $1,200 is utilized.
``(2) The amount provided an individual under this
subsection is in addition to the amounts of educational
assistance paid the individual under section 3313 of this
title.
``(d) No Charge Against Entitlement.--Any benefits provided
an individual under subsection (a) are in addition to any
other educational assistance benefits provided the individual
under this chapter.

``Sec. 3315. Licensure and certification tests

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

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

``(a) Increased Assistance for Members With Critical Skills
or Specialty.--(1) In the case of an individual who has a
skill or specialty designated by the Secretary concerned as a
skill or specialty in which there is a critical shortage of
personnel or for which it is difficult to recruit or, in the
case of critical units, retain personnel, the Secretary
concerned may increase the monthly amount of educational
assistance otherwise payable to the individual under
paragraph (1)(B) of section 3313(c) of this title, or under
paragraphs (2) through (7) of such section (as applicable).
``(2) The amount of the increase in educational assistance
authorized by paragraph (1) may not exceed the amount equal
to the monthly amount of increased basic educational
assistance providable under section 3015(d)(1) of this title
at the time of the increase under paragraph (1).
``(b) Supplemental Assistance for Additional Service.--(1)
The Secretary concerned may provide for the payment to an
individual entitled to educational assistance under this
chapter of supplemental educational assistance for additional
service authorized by subchapter III of chapter 30 of this
title. The amount so payable shall be payable as an increase
in the monthly amount of educational assistance otherwise
payable to the individual under paragraph (1)(B) of section
3313(c) of this title, or under paragraphs (2) through (7) of
such section (as applicable).
``(2) Eligibility for supplement educational assistance
under this subsection shall be determined in accordance with
the provisions of subchapter III of chapter 30 of this title,
except that any reference in such provisions to eligibility
for basic educational assistance under a provision of
subchapter II of chapter 30 of this title shall be treated as
a reference to eligibility for educational assistance under
the appropriate provision of this chapter.
``(3) The amount of supplemental educational assistance
payable under this subsection shall be the amount equal to
the monthly amount of supplemental educational payable under
section 3022 of this title.
``(c) Regulations.--The Secretaries concerned shall
administer this section in accordance with such regulations
as the Secretary of Defense shall prescribe.

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

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

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

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

``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

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

``(a) In General.--Except as provided in this section, the
period during which an individual entitled to educational
assistance under this chapter may use such individual's
entitlement expires at the end of the 15-year period
beginning on the date of such individual's last discharge or
release from active duty.
``(b) Exceptions.--(1) Subsections (b), (c), and (d) of
section 3031 of this title shall apply with respect to the
running of the 15-year period described in subsection (a) of
this section in the same manner as such subsections apply
under 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

[[Page S4542]]

under chapter 109 of title 10 may not be counted as a period
of service for entitlement to educational assistance under
this chapter.
``(c) Service in Selected Reserve.--An individual who
serves in the Selected Reserve may receive credit for such
service under only one of this chapter, chapter 30 of this
title, and chapters 1606 and 1607 of title 10, and shall
elect (in such form and manner as the Secretary may
prescribe) under which chapter such service is to be
credited.
``(d) Additional Coordination Matters.--In the case of an
individual entitled to educational assistance under chapter
30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607
of title 10, or the provisions of the Hostage Relief Act of
1980, or making contributions toward entitlement to
educational assistance under chapter 30 of this title, as of
August 1, 2009, coordination of entitlement to educational
assistance under this chapter, on the one hand, and such
chapters or provisions, on the other, shall be governed by
the provisions of section __03(c) of the Post-9/11 Veterans
Educational Assistance Act of 2008.

``Sec. 3323. Administration

``(a) In General.--(1) Except as otherwise provided in this
chapter, the provisions specified in section 3034(a)(1) of
this title shall apply to the provision of educational
assistance under this chapter.
``(2) In applying the provisions referred to in paragraph
(1) to an individual entitled to educational assistance under
this chapter for purposes of this section, the reference in
such provisions to the term `eligible veteran' shall be
deemed to refer to an individual entitled to educational
assistance under this chapter.
``(3) In applying section 3474 of this title to an
individual entitled to educational assistance under this
chapter for purposes of this section, the reference in such
section 3474 to the term `educational assistance allowance'
shall be deemed to refer to educational assistance payable
under section 3313 of this title.
``(4) In applying section 3482(g) of this title to an
individual entitled to educational assistance under this
chapter for purposes of this section--
``(A) the first reference to the term `educational
assistance allowance' in such section 3482(g) shall be deemed
to refer to educational assistance payable under section 3313
of this title; and
``(B) the first sentence of paragraph (1) of such section
3482(g) shall be applied as if such sentence ended with
`equipment'.
``(b) Information on Benefits.--(1) The Secretary of
Veterans Affairs shall provide the information described in
paragraph (2) to each member of the Armed Forces at such
times as the Secretary of Veterans Affairs and the Secretary
of Defense shall jointly prescribe in regulations.
``(2) The information described in this paragraph is
information on benefits, limitations, procedures, eligibility
requirements (including time-in-service requirements), and
other important aspects of educational assistance under this
chapter, including application forms for such assistance
under section 5102 of this title.
``(3) The Secretary of Veterans Affairs shall furnish the
information and forms described in paragraph (2), and other
educational materials on educational assistance under this
chapter, to educational institutions, training
establishments, military education personnel, and such other
persons and entities as the Secretary considers appropriate.
``(c) Regulations.--(1) The Secretary shall prescribe
regulations for the administration of this chapter.
``(2) Any regulations prescribed by the Secretary of
Defense for purposes of this chapter shall apply uniformly
across the Armed Forces.

``Sec. 3324. Allocation of administration and costs

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

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

(b) Conforming Amendments.--
(1) Amendments relating to duplication of benefits.--
(A) Section 3033 of title 38, United States Code, is
amended--
(i) in subsection (a)(1), by inserting ``33,'' after
``32,''; and
(ii) in subsection (c), by striking ``both the program
established by this chapter and the program established by
chapter 106 of title 10'' and inserting ``two or more of the
programs established by this chapter, chapter 33 of this
title, and chapters 1606 and 1607 of title 10''.
(B) Paragraph (4) of section 3695(a) of such title is
amended to read as follows:
``(4) Chapters 30, 32, 33, 34, 35, and 36 of this title.''.
(C) Section 16163(e) of title 10, United States Code, is
amended by inserting ``33,'' after ``32,''.
(2) Additional conforming amendments.--
(A) Title 38, United States Code, is further amended by
inserting ``33,'' after ``32,'' each place it appears in the
following provisions:
(i) In subsections (b) and (e)(1) of section 3485.
(ii) In section 3688(b).
(iii) In subsections (a)(1), (c)(1), (c)(1)(G), (d), and
(e)(2) of section 3689.
(iv) In section 3690(b)(3)(A).
(v) In subsections (a) and (b) of section 3692.
(vi) In section 3697(a).
(B) Section 3697A(b)(1) of such title is amended by
striking ``or 32'' and inserting ``32, or 33''.
(c) Applicability to Individuals Under Montgomery GI Bill
Program.--
(1) Individuals eligible to elect participation in post-9/
11 educational assistance.--An individual may elect to
receive educational assistance under chapter 33 of title 38,
United States Code (as added by subsection (a)), if such
individual--
(A) as of August 1, 2009--
(i) is entitled to basic educational assistance under
chapter 30 of title 38, United States Code, and has used, but
retains unused, entitlement under that chapter;
(ii) is entitled to educational assistance under chapter
107, 1606, or 1607 of title 10, United States Code, and has
used, but retains unused, entitlement under the applicable
chapter;
(iii) is entitled to basic educational assistance under
chapter 30 of title 38, United States Code, but has not used
any entitlement under that chapter;
(iv) is entitled to educational assistance under chapter
107, 1606, or 1607 of title 10, United States Code, but has
not used any entitlement under such chapter;
(v) is a member of the Armed Forces who is eligible for
receipt of basic educational assistance under chapter 30 of
title 38, United States Code, and is making contributions
toward such assistance under section 3011(b) or 3012(c) of
such title; or
(vi) is a member of the Armed Forces who is not entitled to
basic educational assistance under chapter 30 of title 38,
United States Code, by reason of an election under section
3011(c)(1) or 3012(d)(1) of such title; and
(B) as of the date of the individual's election under this
paragraph, meets the requirements for entitlement to
educational assistance under chapter 33 of title 38, United
States Code (as so added).
(2) Cessation of contributions toward gi bill.--Effective
as of the first month beginning on or after the date of an
election under paragraph (1) of an individual described by
subparagraph (A)(v) of that paragraph, the obligation of the
individual to make contributions under section 3011(b) or
3012(c) of title 38, United States Code, as applicable, shall
cease, and the requirements of such section shall be deemed
to be no longer applicable to the individual.
(3) Revocation of remaining transferred entitlement.--
(A) Election to revoke.--If, on the date an individual
described in subparagraph (A)(i) or (A)(iii) of paragraph (1)
makes an election under that paragraph, a transfer of the
entitlement of the individual to basic educational assistance
under section 3020 of title 38, United States Code, is in
effect and a number of months of the entitlement so
transferred remain unutilized, the individual may elect to
revoke all or a portion of the entitlement so transferred
that remains unutilized.
(B) Availability of revoked entitlement.--Any entitlement
revoked by an individual under this paragraph shall no longer
be available to the dependent to whom transferred, but shall
be available to the individual instead for educational
assistance under chapter 33 of title 38, United States Code
(as so added), in accordance with the provisions of this
subsection.
(C) Availability of unrevoked entitlement.--Any entitlement
described in subparagraph (A) that is not revoked by an
individual in accordance with that subparagraph shall remain
available to the dependent or dependents concerned in
accordance with the current transfer of such entitlement
under section 3020 of title 38, United States Code.
(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).

[[Page S4543]]

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

(I) the numerator of which is--

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

(II) the denominator of which is 36 months.

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

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

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

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

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

TITLE V--EMERGENCY UNEMPLOYMENT COMPENSATION

federal-state agreements

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

[[Page S4544]]

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

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

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

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

financing provisions

Sec. 5004.  (a) In General.--Funds in the extended
unemployment compensation account (as established by section
905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the
Unemployment Trust Fund (as established by section 904(a) of
such Act (42 U.S.C. 1104(a)) shall be used for the making of
payments to States having agreements entered into under this
title.
(b) Certification.--The Secretary shall from time to time
certify to the Secretary of the Treasury for payment to each
State the sums payable to such State under this title. The
Secretary of the Treasury, prior to audit or settlement by
the Government Accountability Office, shall make payments to
the State in accordance with such certification, by transfers
from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment
Trust Fund (as so established).
(c) Assistance to States.--There are appropriated out of
the employment security administration account (as
established by section 901(a) of the Social Security Act (42
U.S.C. 1101(a)) of the Unemployment Trust Fund, without
fiscal year limitation, such funds as may be necessary for
purposes of assisting States (as provided in title III of the
Social Security Act (42 U.S.C. 501 et seq.)) in meeting the
costs of administration of agreements under this title.
(d) Appropriations for Certain Payments.--There are
appropriated from the general fund of the Treasury, without
fiscal year limitation, to the extended unemployment
compensation account (as so established) of the Unemployment
Trust Fund (as so established) such sums as the Secretary
estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.

Amounts appropriated pursuant to the preceding sentence shall
not be required to be repaid.

fraud and overpayments

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

definitions

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

applicability

Sec. 5007.  (a) In General.--Except as provided in
subsection (b), an agreement entered into under this title
shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before March 31, 2009.
(b) Transition for Amount Remaining in Account.--
(1) In general.--Subject to paragraphs (2) and (3), in the
case of an individual who has amounts remaining in an account
established under section 5002 as of the last day of the last
week (as determined in accordance with the applicable State
law) ending on or before March 31, 2009, emergency
unemployment compensation shall continue to be payable to
such individual from such amounts for any week beginning
after such last day for which the individual meets the
eligibility requirements of this title.
(2) Limit on augmentation.--If the account of an individual
is exhausted after the last day 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

[[Page S4545]]

(1) for any week beginning after June 30, 2009.

TITLE VI--OTHER HEALTH MATTERS

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

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

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

``(IV) An entity that--

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

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

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

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

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

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

``(B) Consideration.--In selecting States under
subparagraph (A)(ii), the Secretary shall consult with the
States involved and take into account the feasibility of
implementing asset verification programs in each such State.
``(C) States specified.--The States specified in this
subparagraph are California, New York, and New Jersey.
``(D) Construction.--Nothing in subparagraph (A)(ii) shall
be construed as preventing a State from requesting, and the
Secretary approving, the implementation of an asset
verification program in advance of the deadline otherwise
established under such subparagraph.
``(4) Exemption of territories.--This section shall only
apply to the 50 States and the District of Columbia.
``(b) Asset Verification Program.--
``(1) In general.--For purposes of this section, an asset
verification program means a program described in paragraph
(2) under which a State--
``(A) requires each applicant for, or recipient of, medical
assistance under the State plan under this title on the basis
of being aged, blind, or disabled to provide authorization by
such applicant or recipient (and any other person whose
resources are required by law to be disclosed to determine
the eligibility of the applicant or recipient for such

[[Page S4546]]

assistance) for the State to obtain (subject to the cost
reimbursement requirements of section 1115(a) of the Right to
Financial Privacy Act of 1978 but at no cost to the applicant
or recipient) from any financial institution (within the
meaning of section 1101(1) of such Act) any financial record
(within the meaning of section 1101(2) of such Act) held by
the institution with respect to the applicant or recipient
(and such other person, as applicable), whenever the State
determines the record is needed in connection with a
determination with respect to such eligibility for (or the
amount or extent of) such medical assistance; and
``(B) uses the authorization provided under subparagraph
(A) to verify the financial resources of such applicant or
recipient (and such other person, as applicable), in order to
determine or redetermine the eligibility of such applicant or
recipient for medical assistance under the State plan.
``(2) Program described.--A program described in this
paragraph is a program for verifying individual assets in a
manner consistent with the approach used by the Commissioner
of Social Security under section 1631(e)(1)(B)(ii).
``(c) Duration of Authorization.--Notwithstanding section
1104(a)(1) of the Right to Financial Privacy Act of 1978, an
authorization provided to a State under subsection (b)(1)(A)
shall remain effective until the earliest of--
``(1) the rendering of a final adverse decision on the
applicant's application for medical assistance under the
State's plan under this title;
``(2) the cessation of the recipient's eligibility for such
medical assistance; or
``(3) the express revocation by the applicant or recipient
(or such other person described in subsection (b)(1)(A), as
applicable) of the authorization, in a written notification
to the State.
``(d) Treatment of Right to Financial Privacy Act
Requirements.--
``(1) An authorization obtained by the State under
subsection (b)(1) shall be considered to meet the
requirements of the Right to Financial Privacy Act of 1978
for purposes of section 1103(a) of such Act, and need not be
furnished to the financial institution, notwithstanding
section 1104(a) of such Act.
``(2) The certification requirements of section 1103(b) of
the Right to Financial Privacy Act of 1978 shall not apply to
requests by the State pursuant to an authorization provided
under subsection (b)(1).
``(3) A request by the State pursuant to an authorization
provided under subsection (b)(1) is deemed to meet the
requirements of section 1104(a)(3) of the Right to Financial
Privacy Act of 1978 and of section 1102 of such Act, relating
to a reasonable description of financial records.
``(e) Required Disclosure.--The State shall inform any
person who provides authorization pursuant to subsection
(b)(1)(A) of the duration and scope of the authorization.
``(f) Refusal or Revocation of Authorization.--If an
applicant for, or recipient of, medical assistance under the
State plan under this title (or such other person described
in subsection (b)(1)(A), as applicable) refuses to provide,
or revokes, any authorization made by the applicant or
recipient (or such other person, as applicable) under
subsection (b)(1)(A) for the State to obtain from any
financial institution any financial record, the State may, on
that basis, determine that the applicant or recipient is
ineligible for medical assistance.
``(g) Use of Contractor.--For purposes of implementing an
asset verification program under this section, a State may
select and enter into a contract with a public or private
entity meeting such criteria and qualifications as the State
determines appropriate, consistent with requirements in
regulations relating to general contracting provisions and
with section 1903(i)(2). In carrying out activities under
such contract, such an entity shall be subject to the same
requirements and limitations on use and disclosure of
information as would apply if the State were to carry out
such activities directly.
``(h) Technical Assistance.--The Secretary shall provide
States with technical assistance to aid in implementation of
an asset verification program under this section.
``(i) Reports.--A State implementing an asset verification
program under this section shall furnish to the Secretary
such reports concerning the program, at such times, in such
format, and containing such information as the Secretary
determines appropriate.
``(j) Treatment of Program Expenses.--Notwithstanding any
other provision of law, reasonable expenses of States in
carrying out the program under this section shall be treated,
for purposes of section 1903(a), in the same manner as State
expenditures specified in paragraph (7) of such section.''.
(2) State plan requirements.--Section 1902(a) of such Act
(42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (69) by striking ``and'' at the end;
(B) in paragraph (70) by striking the period at the end and
inserting ``; and''; and
(C) by inserting after paragraph (70), as so amended, the
following new paragraph:
``(71) provide that the State will implement an asset
verification program as required under section 1940.''.
(3) Withholding of federal matching payments for
noncompliant states.--Section 1903(i) of such Act (42 U.S.C.
1396b(i)) is amended--
(A) in paragraph (22) by striking ``or'' at the end;
(B) in paragraph (23) by striking the period at the end and
inserting ``; or''; and
(C) by adding after paragraph (23) the following new
paragraph:
``(24) if a State is required to implement an asset
verification program under section 1940 and fails to
implement such program in accordance with such section, with
respect to amounts expended by such State for medical
assistance for individuals subject to asset verification
under such section, unless--
``(A) the State demonstrates to the Secretary's
satisfaction that the State made a good faith effort to
comply;
``(B) not later than 60 days after the date of a finding
that the State is in noncompliance, the State submits to the
Secretary (and the Secretary approves) a corrective action
plan to remedy such noncompliance; and
``(C) not later than 12 months after the date of such
submission (and approval), the State fulfills the terms of
such corrective action plan.''.
(4) Repeal.--Section 4 of Public Law 110-90 is repealed.
Sec. 6002. Limitation on Medicare Exception to the
Prohibition on Certain Physician Referrals for Hospitals.--
(a) In General.--Section 1877 of the Social Security Act
(42 U.S.C. 1395nn) is amended--
(1) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) in the case where the entity is a hospital, the
hospital meets the requirements of paragraph (3)(D).'';
(2) in subsection (d)(3)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) the hospital meets the requirements described in
subsection (i)(1) not later than 18 months after the date of
the enactment of this subparagraph.''; and
(3) by adding at the end the following new subsection:
``(i) Requirements for Hospitals To Qualify for Hospital
Exception to Ownership or Investment Prohibition.--
``(1) Requirements described.--For purposes of subsection
(d)(3)(D), the requirements described in this paragraph for a
hospital are as follows:
``(A) Provider agreement.--The hospital had--
``(i) physician ownership on September 1, 2008; and
``(ii) a provider agreement under section 1866 in effect on
such date.
``(B) Limitation on expansion of facility capacity.--Except
as provided in paragraph (3), the number of operating rooms,
procedure rooms, and beds of the hospital at any time on or
after the date of the enactment of this subsection are no
greater than the number of operating rooms, procedure rooms,
and beds as of such date.
``(C) Preventing conflicts of interest.--
``(i) The hospital submits to the Secretary an annual
report containing a detailed description of--

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

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

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

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

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

``(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

[[Page S4547]]

individual physician owner or group of physician owners that
is related to acquiring any ownership interest in the
hospital.
``(v) Investment returns are distributed to each investor
in the hospital in an amount that is directly proportional to
the ownership interest of such investor in the hospital.
``(vi) Physician owners do not receive, directly or
indirectly, any guaranteed receipt of or right to purchase
other business interests related to the hospital, including
the purchase or lease of any property under the control of
other investors in the hospital or located near the premises
of the hospital.
``(vii) The hospital does not offer a physician owner the
opportunity to purchase or lease any property under the
control of the hospital or any other investor in the hospital
on more favorable terms than the terms offered to an
individual who is not a physician owner.
``(E) Patient safety.--
``(i) Insofar as the hospital admits a patient and does not
have any physician available on the premises to provide
services during all hours in which the hospital is providing
services to such patient, before admitting the patient--

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

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

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

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

``medicare improvement fund

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

[[Page S4548]]

Sec. 6005. Adjustment to PAQI Fund. Section 1848(l)(2) of
the Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended
by section 101(a)(2) of the Medicare, Medicaid, and SCHIP
Extension Act of 2007 (Public Law 110-173), is amended--
(1) in subparagraph (A)(i)--
(A) in subclause (III), by striking ``$4,960,000,000'' and
inserting ``$3,940,000,000''; and
(B) by adding at the end the following new subclause:

``(IV) For expenditures during 2014, an amount equal to
$3,750,000,000.'';

(2) in subparagraph (A)(ii), by adding at the end the
following new subclause:

``(IV) 2014.--The amount available for expenditures during
2014 shall only be available for an adjustment to the update
of the conversion factor under subsection (d) for that
year.''; and

(3) in subparagraph (B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) 2014 for payment with respect to physicians'
services furnished during 2014.''.

TITLE VII--ACCOUNTABILITY AND COMPETITION IN GOVERNMENT CONTRACTING

CHAPTER 1--CLOSE THE CONTRACTOR FRAUD LOOPHOLE

short title

Sec. 7101.  This chapter may be cited as the ``Close the
Contractor Fraud Loophole Act''.

revision of the federal acquisition regulation

Sec. 7102. The Federal Acquisition Regulation shall be
amended within 180 days after the date of the enactment of
this Act pursuant to FAR Case 2007-006 (as published at 72
Fed Reg. 64019, November 14, 2007) or any follow-on FAR case
to include provisions that require timely notification by
Federal contractors of violations of Federal criminal law or
overpayments in connection with the award or performance of
covered contracts or subcontracts, including those performed
outside the United States and those for commercial items.

definition

Sec. 7103. In this chapter, the term ``covered contract''
means any contract in an amount greater than $5,000,000 and
more than 120 days in duration.

CHAPTER 2--GOVERNMENT FUNDING TRANSPARENCY

short title

Sec. 7201. This chapter may be cited as the ``Government
Funding Transparency Act of 2008''.

financial disclosure requirements for certain recipients of federal
awards

Sec. 7202. (a) Disclosure Requirements.--Section 2(b)(1) of
the Federal Funding Accountability and Transparency Act
(Public Law 109-282; 31 U.S.C. 6101 note) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) the names and total compensation of the five most
highly compensated officers of the entity if--
``(i) the entity in the preceding fiscal year received--

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

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

TITLE VIII

GENERAL PROVISIONS--THIS ACT

availability of funds

Sec. 8001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.

emergency designation

Sec. 8002. Each amount in each title of this Act is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to subsections (a) and (b) of
section 204 of S. Con. Res. 21 (110th Congress), the
concurrent resolution on the budget for fiscal year 2008.

avoidance of u.s. payroll tax contributions

Sec. 8003. None of the funds in this Act may be used by any
Federal agency for a contract with any United States
corporation which hires United States employees through
foreign offshore subsidiaries for purposes of avoiding United
States payroll tax contributions for such employees.

EXPLANATORY STATEMENT

Sec. 8004. The explanatory statement printed in the Senate
section of the Congressional Record on May 19, 2008,
submitted by the Chairman of the Committee on Appropriations
of the Senate regarding the amendments of the Senate to the
House amendments to the Senate amendment to the bill H.R.
2642, making appropriations for military construction, the
Department of Veterans Affairs, and related agencies for the
fiscal year ending September 30, 2008, and for other
purposes, submitted by the Chairman of the Committee on
Appropriations of the Senate, shall have the same effect with
respect to the allocation of funds and implementation of
titles I through XIII of this Act as if it were a report to
the Senate on a bill reported by the Committee on
Appropriations.
This Act shall become effective 2 days after enactment.

short title

Sec. 8005. This Act may be cited as the ``Supplemental
Appropriations Act, 2008''.

____________________