Text: H.R.2642 — 110th Congress (2007-2008)All Information (Except Text)

Text available as:

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Public Law No: 110-252 (06/30/2008)

 
[110th Congress Public Law 252]
[From the U.S. Government Printing Office]


[DOCID: f:publ252.110]

[[Page 122 STAT. 2323]]

Public Law 110-252
110th Congress

                                 An Act


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Supplemental 
Appropriations Act, 2008.>>  That the following sums are appropriated, 
out of any money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2008, and for other purposes, namely:

TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL AFFAIRS, 
                   AND OTHER SECURITY-RELATED MATTERS

                         CHAPTER 1--AGRICULTURE

                        DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

    For an additional amount for ``Public Law 480 Title II Grants'', 
$850,000,000, to remain available until expended.
    For an additional amount for ``Public Law 480 Title II Grants'', 
$395,000,000, to become available on October 1, 2008, and to remain 
available until expended.

                           CHAPTER 2--JUSTICE

                          DEPARTMENT OF JUSTICE

                       Office of Inspector General

    For an additional amount for ``Office of Inspector General'', 
$4,000,000, to remain available until September 30, 2009.

                            Legal Activities

             salaries and expenses, general legal activities

    For an additional amount for ``Salaries and Expenses, General Legal 
Activities'', $1,648,000, to remain available until September 30, 2009.

[[Page 122 STAT. 2324]]

             salaries and expenses, united states attorneys

    For an additional amount for ``Salaries and Expenses, United States 
Attorneys'', $5,000,000, to remain available until September 30, 2009.

                     United States Marshals Service

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $28,621,000, 
to remain available until September 30, 2009.

                     Federal Bureau of Investigation

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$106,122,000, to remain available until September 30, 2009.
    For an additional amount for ``Salaries and Expenses'', $82,600,000, 
to become available on October 1, 2008, and to remain available until 
September 30, 2009.

                     Drug Enforcement Administration

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $29,861,000, 
to remain available until September 30, 2009.

           Bureau of Alcohol, Tobacco, Firearms and Explosives

                          salaries and expenses

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

                          Federal Prison System

                          salaries and expenses

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

                     GENERAL PROVISION, THIS CHAPTER

    Sec. 1201.  Funds appropriated by this chapter, or made available by 
the transfer of funds in this chapter, for intelligence or intelligence 
related activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security Act of 
1947 (50 U.S.C. 414).

[[Page 122 STAT. 2325]]

          CHAPTER 3--MILITARY CONSTRUCTION AND VETERANS AFFAIRS

                          DEPARTMENT OF DEFENSE

                       Military Construction, Army

     For an additional amount for ``Military Construction, Army'', 
$1,108,200,000, of which $921,000,000 shall remain available until 
September 30, 2009, and of which $187,200,000 for child development 
centers and trainee and recruit facilities (including planning and 
design) shall remain available until September 30, 2012: Provided, That 
notwithstanding any other provision of law, such funds may be obligated 
and expended to carry out planning and design and military construction 
projects not otherwise authorized by law: Provided further, That of the 
funds provided under this heading, not to exceed $73,400,000 shall be 
available for study, planning, design, and architect and engineer 
services: Provided further, <<NOTE: Certification. Iraq.>>  That funds 
provided under this heading for Iraq shall not be obligated or expended 
until the Secretary of Defense certifies to the Committees on 
Appropriations of both Houses of Congress that none of the funds are to 
be used for the purpose of providing facilities for the permanent basing 
of United States military personnel in Iraq.

              Military Construction, Navy and Marine Corps

     For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $355,907,000, of which $295,516,000 shall remain 
available until September 30, 2009, and of which $60,391,000 for child 
development centers and trainee and recruit facilities (including 
planning and design) shall remain available until September 30, 2012: 
Provided, That notwithstanding any other provision of law, such funds 
may be obligated and expended to carry out planning and design and 
military construction projects not otherwise authorized by law: Provided 
further, That of the funds provided under this heading, not to exceed 
$15,843,000 shall be available for study, planning, design, and 
architect and engineer services.

                    Military Construction, Air Force

     For an additional amount for ``Military Construction, Air Force'', 
$399,627,000, of which $361,600,000 shall remain available until 
September 30, 2009, and of which $38,027,000 for child development 
centers (including planning and design) shall remain available until 
September 30, 2012: Provided, That notwithstanding any other provision 
of law, such funds may be obligated and expended to carry out planning 
and design and military construction projects not otherwise authorized 
by law: Provided further, That of the funds provided under this heading, 
not to exceed $36,427,000 shall be available for study, planning, 
design, and architect and engineer services: Provided 
further, <<NOTE: Certification. Iraq.>>  That funds provided under this 
heading for Iraq shall not be obligated or expended until the Secretary 
of Defense certifies to the Committees on Appropriations of both Houses 
of Congress that none of the funds are to be used for the purpose of 
providing facilities for the permanent basing of United States military 
personnel in Iraq.

[[Page 122 STAT. 2326]]

                   Military Construction, Defense-Wide

     For an additional amount for ``Military Construction, Defense-
Wide'', $890,921,000, of which $27,600,000 shall remain available until 
September 30, 2009, and of which $863,321,000 for medical treatment 
facilities (including planning and design) shall remain available until 
September 30, 2012: Provided, That notwithstanding any other provision 
of law, such funds may be obligated and expended to carry out planning 
and design and military construction projects not otherwise authorized 
by law.

           Family Housing Construction, Navy and Marine Corps

     For an additional amount for ``Family Housing Construction, Navy 
and Marine Corps'', $11,766,000, to remain available until September 30, 
2009: Provided, That notwithstanding any other provision of law, such 
funds may be obligated and expended to carry out planning and design and 
military construction projects not otherwise authorized by law.

             Department of Defense Base Closure Account 2005

     For deposit into the Department of Defense Base Closure Account 
2005, established by section 2906A(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $1,278,886,000, to remain 
available until expended: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to carry out 
planning and design and military construction projects not otherwise 
authorized by law.

                     DEPARTMENT OF VETERANS AFFAIRS

                       Departmental Administration

                       general operating expenses

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

                     information technology systems

    For an additional amount for ``Information Technology Systems'', 
$20,000,000, to remain available until September 30, 2009.

                      construction, major projects

    For an additional amount for ``Construction, Major Projects'', 
$396,377,000, to remain available until expended, which shall be for 
acceleration and completion of planned major construction of Level I 
polytrauma rehabilitation centers as identified in the Department of 
Veterans Affairs' Five Year Capital Plan: Provided, That notwithstanding 
any other provision of law, such funds may be obligated and expended to 
carry out planning and design and major medical facility construction 
not otherwise authorized by law: Provided 
further, <<NOTE: Deadline. Expenditure plan.>>  That within 30 days of 
enactment of this Act the Secretary shall submit to the Committees on 
Appropriations of both Houses of Congress an expenditure plan for funds 
provided under this heading.

[[Page 122 STAT. 2327]]

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1301.  In addition to amounts otherwise appropriated or made 
available under the heading ``Military Construction, Army'', there is 
hereby appropriated an additional $200,000,000, to remain available 
until September 30, 2012, to accelerate barracks improvements at 
Department of Army installations: Provided, That notwithstanding any 
other provision of law, such funds may be obligated and expended to 
carry out planning and design and barracks construction not otherwise 
authorized by law: Provided further, That <<NOTE: Deadline. Expenditure 
plan.>>  within 30 days of enactment of this Act the Secretary of the 
Army shall submit to the Committees on Appropriations of both Houses of 
Congress an expenditure plan for barracks construction prior to 
obligation.

    Sec. 1302. None <<NOTE: President.>>  of the funds appropriated in 
this or any other Act may be used to disestablish, reorganize, or 
relocate the Armed Forces Institute of Pathology, except for the Armed 
Forces Medical Examiner, until the President has established, as 
required by section 722 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 199; 10 U.S.C. 176 
note), a Joint Pathology Center.

    Sec. 1303. (a) <<NOTE: Combat Veterans Debt Elimination Act of 
2008.>>  Limitation on Authority.--
            (1) In general.--Chapter 53 of title 38, United States Code, 
        is amended by inserting after section 5302 the following new 
        section:

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

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

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

    (b) <<NOTE: 38 USC 5302A note.>>  Equitable Refund.--In any case 
where all or any part of an indebtedness of a covered individual, as 
described in section 5302A(a) of title 38, United States Code, as added 
by subsection

[[Page 122 STAT. 2328]]

(a)(1), was collected after September 11, 2001, and before the date of 
the enactment of this Act, and the Secretary of Veterans Affairs 
determines that such indebtedness would have been terminated had such 
section been in effect at such time, the Secretary may refund the amount 
so collected if the Secretary determines that the individual is 
equitably entitled to such refund.

    (c) <<NOTE: Applicability. 38 USC 5302A note.>>  Effective Date.--
The amendments made by this section shall take effect on the date of the 
enactment of this Act, and shall apply with respect to collections of 
indebtedness of members of the Armed Forces and veterans who die on or 
after September 11, 2001.

    (d) <<NOTE: 38 USC 101 note.>>  Short Title.--This section may be 
cited as the ``Combat Veterans Debt Elimination Act of 2008''.

          CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS

     SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                    diplomatic and consular programs

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

                       office of inspector general

                      (including transfer of funds)

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

             embassy security, construction, and maintenance

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

[[Page 122 STAT. 2329]]

                       International Organizations

              contributions to international organizations

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

         contributions for international peacekeeping activities

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

                             RELATED AGENCY

                     Broadcasting Board of Governors

                  international broadcasting operations

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

                      BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

                    international disaster assistance

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

    operating expenses of the united states agency for international 
                               development

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

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

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

                   Other Bilateral Economic Assistance

                          economic support fund

     For an additional amount for ``Economic Support Fund'', 
$1,882,500,000, to remain available until September 30, 2009, of which 
not more than $424,000,000 may be made available for

[[Page 122 STAT. 2330]]

assistance for Iraq, $175,000,000 shall be made available for assistance 
for Jordan to meet the needs of Iraqi refugees, and up to $53,000,000 
may be made available for energy-related assistance for North Korea, 
notwithstanding any other provision of law: Provided, That not more than 
$171,000,000 of the funds appropriated under this heading in this 
subchapter shall be made available for assistance for the West Bank and 
Gaza and none of such funds shall be for cash transfer assistance: 
Provided further, That of the funds appropriated under this heading, 
$1,000,000 shall be made available for the Office of the United Nations 
High Commissioner for Human Rights in Mexico: Provided 
further, <<NOTE: Reports.>>  That the funds made available under this 
heading for energy-related assistance for North Korea may be made 
available to support the goals of the Six Party Talks Agreements after 
the Secretary of State determines and reports to the Committees on 
Appropriations that North Korea is continuing to fulfill its commitments 
under such agreements.

                           Department of State

                             democracy fund

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

           international narcotics control and law enforcement

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

                    migration and refugee assistance

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

      united states emergency refugee and migration assistance fund

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

     nonproliferation, anti-terrorism, demining and related programs

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

[[Page 122 STAT. 2331]]

                           MILITARY ASSISTANCE

                   Funds Appropriated to the President

                   foreign military financing program

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

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

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                    diplomatic and consular programs

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

                       office of inspector general

                      (including transfer of funds)

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

             embassy security, construction, and maintenance

     For an additional amount for ``Embassy Security, Construction, and 
Maintenance'', $41,300,000, which shall become available on

[[Page 122 STAT. 2332]]

October 1, 2008, and remain available until expended, for facilities in 
Afghanistan.

                       International Organizations

              contributions to international organizations

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

         contributions for international peacekeeping activities

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

                             RELATED AGENCY

                     Broadcasting Board of Governors

                  international broadcasting operations

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

                      BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

                    global health and child survival

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

                         development assistance

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

[[Page 122 STAT. 2333]]

                    international disaster assistance

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

    operating expenses of the united states agency for international 
                               development

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

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

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

                   Other Bilateral Economic Assistance

                          economic support fund

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

                           Department of State

           international narcotics control and law enforcement

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

                    migration and refugee assistance

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

[[Page 122 STAT. 2334]]

     nonproliferation, anti-terrorism, demining and related programs

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

                           MILITARY ASSISTANCE

                   Funds Appropriated to the President

                   foreign military financing program

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

                         peacekeeping operations

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

             SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER


                        extension of authorities


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


                                  iraq


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

    (b) Anti-Corruption.--Not <<NOTE: Lists.>>  more than 40 percent of 
the funds appropriated by this chapter for rule of law programs in Iraq 
may be made available for assistance for the Government of Iraq

[[Page 122 STAT. 2335]]

until the Secretary of State reports to the Committees on Appropriations 
that a comprehensive anti-corruption strategy has been developed, and is 
being implemented, by the Government of Iraq, and the Secretary of State 
submits a list, in classified form if necessary, to the Committees on 
Appropriations of senior Iraqi officials who the Secretary has credible 
evidence to believe have committed corrupt acts.

    (c) Provincial Reconstruction Teams.--None of the funds appropriated 
by this chapter for the operational or program expenses of Provincial 
Reconstruction Teams (PRTs) in Iraq may be made available until the 
Secretary of State submits a report to the Committees on Appropriations 
detailing--
            (1) the strategy for the eventual winding down and close out 
        of PRTs;
            (2) anticipated costs associated with PRT operations, 
        programs, and eventual winding down and close out, including 
        security for PRT personnel and anticipated Government of Iraq 
        contributions; and
            (3) anticipated placement and cost estimates of future 
        United States Consulates in Iraq.

    (d) Community Stabilization Program.--Not more than 50 percent of 
the funds appropriated by this chapter for the Community Stabilization 
Program in Iraq may be made available until the Secretary of State 
certifies and reports to the Committees on Appropriations that the 
United States Agency for International Development is implementing 
recommendations contained in Office of Inspector General Audit Report 
No. E-267-08-001-P to ensure accountability of funds.
    (e) Matching Requirement.--
            (1) Notwithstanding any other provision of law, funds 
        appropriated by this chapter for assistance for Iraq shall be 
        made available only to the extent that the Government of Iraq 
        matches such assistance on a dollar-for-dollar basis.
            (2) Paragraph (1) shall not apply to funds made available 
        for--
                    (A) grants and cooperative agreements for programs 
                to promote democracy and human rights;
                    (B) the Community Action Program and other 
                assistance through civil society organizations;
                    (C) humanitarian demining; or
                    (D) assistance for refugees, internally displaced 
                persons, and civilian victims of the military 
                operations.
            (3) <<NOTE: Deadlines.>>  The Secretary of State shall 
        certify to the Committees on Appropriations prior to the initial 
        obligation of funds pursuant to this section that the Government 
        of Iraq has committed to obligate matching funds on a dollar-
        for-dollar basis. The Secretary shall submit a report to the 
        Committees on Appropriations not later than September 30, 2008, 
        and 180 days thereafter, detailing the amounts of funds 
        obligated and expended by the Government of Iraq to meet the 
        requirements of this section.
            (4) <<NOTE: Deadline.>>  Not later than 45 days after 
        enactment of this Act, the Secretary of State shall submit a 
        report to the Committees on Appropriations detailing the amounts 
        provided by the Government of Iraq since June 30, 2004, to 
        assist Iraqi refugees in Syria, Jordan, and elsewhere, and the 
        amount of such assistance the Government of Iraq plans to 
        provide in fiscal year

[[Page 122 STAT. 2336]]

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


                               afghanistan


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


                                west bank


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

[[Page 122 STAT. 2337]]

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


             waiver of certain sanctions against north korea


    Sec. 1405. (a) <<NOTE: 22 USC 2799aa-1 note.>>  Waiver Authority.--
            (1) In general.--Except as provided in subsection (b), the 
        President may waive in whole or in part, with respect to North 
        Korea, the application of any sanction contained in subparagraph 
        (A), (B), (D) or (G) under section 102(b)(2) of the Arms Export 
        Control Act (22 U.S.C. 2799aa-1(b)), for the purpose of 
        providing assistance related to--
                    (A) the implementation and verification of the 
                compliance by North Korea with its commitment, 
                undertaken in the Joint Statement of September 19, 2005, 
                to abandon all nuclear weapons and existing nuclear 
                programs as part of the verifiable denuclearization of 
                the Korean Peninsula; and
                    (B) the elimination of the capability of North Korea 
                to develop, deploy, transfer, or maintain weapons of 
                mass destruction and their delivery systems.
            (2) <<NOTE: Expiration date.>>  Limitation.--The authority 
        under paragraph (1) shall expire 5 years after the date of 
        enactment of this Act.

    (b) Exceptions.--
            (1) Limited exception related to certain sanctions and 
        prohibitions.--The <<NOTE: President. Certification.>>  
        authority under subsection (a) shall not apply with respect to a 
        sanction or prohibition under subparagraph (B) or (G) of section 
        102(b)(2) of the Arms Export Control Act, unless the President 
        determines and certifies to the appropriate congressional 
        committees that--
                    (A) all reasonable steps will be taken to assure 
                that the articles or services exported or otherwise 
                provided will not be used to improve the military 
                capabilities of the armed forces of North Korea; and
                    (B) such waiver is in the national security 
                interests of the United States.
            (2) <<NOTE: President. Certification.>>  Limited exception 
        related to certain activities.--Unless the President determines 
        and certifies to the appropriate congressional committees that 
        using the authority under subsection (a) is vital to the 
        national security interests of the United States, such authority 
        shall not apply with respect to--
                    (A) an activity described in subparagraph (A) of 
                section 102(b)(1) of the Arms Export Control Act that 
                occurs after September 19, 2005, and before the date of 
                the enactment of this Act;
                    (B) an activity described in subparagraph (C) of 
                such section that occurs after September 19, 2005; or
                    (C) an activity described in subparagraph (D) of 
                such section that occurs after the date of enactment of 
                this Act.
            (3) Exception related to certain activities occurring after 
        date of enactment.--The authority under subsection (a) shall not 
        apply with respect to an activity described in subparagraph (A) 
        or (B) of section 102(b)(1) of the Arms Export Control Act that 
        occurs after the date of the enactment of this Act.

[[Page 122 STAT. 2338]]

            (4) Limited exception related to lethal weapons.--The 
        authority under subsection (a) shall not apply with respect to 
        any export of lethal defense articles that would be prevented by 
        the application of section 102(b)(2) of the Arms Export Control 
        Act.

    (c) <<NOTE: President.>>  Notifications and Reports.--
            (1) Congressional notification.--The President shall notify 
        the appropriate congressional committees in writing not later 
        than 15 days before exercising the waiver authority under 
        subsection (a).
            (2) Annual report.--Not later than January 31, 2009, and 
        annually thereafter, the President shall submit to the 
        appropriate congressional committees a report that--
                    (A) lists all waivers issued under subsection (a) 
                during the preceding year;
                    (B) describes in detail the progress that is being 
                made in the implementation of the commitment undertaken 
                by North Korea, in the Joint Statement of September 19, 
                2005, to abandon all nuclear weapons and existing 
                nuclear programs as part of the verifiable 
                denuclearization of the Korean Peninsula;
                    (C) discusses specifically any shortcomings in the 
                implementation by North Korea of that commitment; and
                    (D) lists and describes the progress and 
                shortcomings, in the preceding year, of all other 
                programs promoting the elimination of the capability of 
                North Korea to develop, deploy, transfer, or maintain 
                weapons of mass destruction or their delivery systems.
            (3) Report on verification measures relating to north 
        korea's nuclear programs.--
                    (A) In general.--Not later than 15 days after the 
                date of enactment of this Act, the Secretary of State 
                shall submit to the appropriate congressional committees 
                a report on verification measures relating to North 
                Korea's nuclear programs under the Six-Party Talks 
                Agreement of February 13, 2007, with specific focus on 
                how such verification measures are defined under the 
                Six-Party Talks Agreement and understood by the United 
                States Government.
                    (B) Matters to be included.--The report required 
                under subsection (A) shall include, among other 
                elements, a description of--
                          (i) how the United States will confirm that 
                      North Korea has ``provided a complete and correct 
                      declaration of all of its nuclear programs'';
                          (ii) how the United States will maintain a 
                      high and ongoing level of confidence that North 
                      Korea has fully met the terms of the Six-Party 
                      Talks Agreement relating to its nuclear programs;
                          (iii) any diplomatic agreement with North 
                      Korea regarding verification measures relating to 
                      North Korea's nuclear programs under the Six-Party 
                      Talks Agreement (other than implementing 
                      arrangements made during on-site operations); and
                          (iv) any significant and continuing 
                      disagreement with North Korea regarding 
                      verification measures

[[Page 122 STAT. 2339]]

                      relating to North Korea's nuclear programs under 
                      the Six-Party Talks Agreement.
                    (C) Form.--The report required under subsection (A) 
                shall be submitted in unclassified form, but may include 
                a classified annex.

    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committees on Appropriations, Armed Services, and 
        Foreign Relations of the Senate; and
            (2) the Committees on Appropriations, Armed Services, and 
        Foreign Affairs of the House of Representatives.


                                 mexico


    Sec. 1406.  (a) Assistance for Mexico.--Of the funds appropriated 
under the headings ``International Narcotics Control and Law 
Enforcement'', ``Foreign Military Financing Program'', and ``Economic 
Support Fund'' in this chapter, not more than $352,000,000 of the funds 
appropriated in subchapter A and $48,000,000 of the funds appropriated 
in subchapter B may be made available for assistance for Mexico, only to 
combat drug trafficking and related violence and organized crime, and 
for judicial reform, institution building, anti-corruption, and rule of 
law activities, of which not less than $73,500,000 shall be used for 
judicial reform, institution building, anti-corruption, and rule of law 
activities: Provided, That none of the funds made available under this 
section shall be made available for budget support or as cash payments: 
Provided further, <<NOTE: Deadline. Reports.>> That not more than 45 
days after enactment of this Act, and after consulting with relevant 
Mexican Government authorities, the Secretary of State shall report in 
writing to the Committees on Appropriations on the procedures in place 
to implement section 620J of the Foreign Assistance Act of 1961.

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

[[Page 122 STAT. 2340]]

        military forces are fully cooperating with the investigations; 
        and
            (4) enforcing the prohibition, in accordance with Mexican 
        and international law, on the use of testimony obtained through 
        torture or other ill-treatment.

    (c) Exception.--Notwithstanding subsection (b), of the funds 
appropriated by subchapter A for assistance for Mexico under the heading 
``International Narcotics Control and Law Enforcement'', $3,000,000 
shall be made available for technical and other assistance to enable the 
Government of Mexico to implement a unified national registry of 
federal, state, and municipal police officers.
    (d) Report.--The report required in subsection (b) shall include a 
description of actions taken with respect to each requirement and the 
cases or issues brought to the attention of the Secretary of State for 
which the response or action taken has been inadequate.
    (e) Notification.--Funds made available for Mexico by this chapter 
shall be subject to the regular notification procedures of the 
Committees on Appropriations and section 634A of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2394-1).
    (f) Spending Plan.--Not <<NOTE: Deadline.>>  later than 45 days 
after the date of the enactment of this Act, the Secretary of State 
shall submit to the Committees on Appropriations a detailed spending 
plan for funds appropriated or otherwise made available for Mexico by 
this chapter, which shall include a strategy, developed after consulting 
with relevant Mexican Government authorities, for combating drug 
trafficking and related violence and organized crime, judicial reform, 
institution building, anti-corruption, and rule of law activities, with 
concrete goals, actions to be taken, budget proposals, and anticipated 
results.


                             central america


    Sec. 1407.  (a) Assistance for the Countries of Central America.--Of 
the funds appropriated in subchapter A under the headings 
``International Narcotics Control and Law Enforcement'', ``Foreign 
Military Financing Program'', ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', and ``Economic Support Fund'', 
$65,000,000 may be made available for assistance for the countries of 
Central America, Haiti, and the Dominican Republic only to combat drug 
trafficking and related violence and organized crime, and for judicial 
reform, institution building, anti-corruption, rule of law activities, 
and maritime security: Provided, That of the funds appropriated under 
the heading ``Economic Support Fund'', $25,000,000 shall be made 
available for an Economic and Social Development Fund for Central 
America, of which $20,000,000 shall be made available through the United 
States Agency for International Development and $5,000,000 shall be made 
available through the Department of State for educational exchange 
programs: Provided further, That of the funds appropriated in subchapter 
A under the heading ``International Narcotics Control and Law 
Enforcement'', $2,500,000 shall be made available for assistance for 
Haiti, $2,500,000 shall be made available for assistance for the 
Dominican Republic, and $1,000,000 shall be made available for a United 
States contribution to the International Commission Against Impunity in 
Guatemala: Provided further, That none of the funds shall be made 
available for budget support or as cash payments: Provided 
further, <<NOTE: Deadline. Reports.>>  That not more than 45 days after 
enactment of this Act, the Secretary of State shall report in writing

[[Page 122 STAT. 2341]]

to the Committees on Appropriations on the procedures in place to 
implement section 620J of the Foreign Assistance Act of 1961.

    (b) Allocation of Funds.--Fifteen <<NOTE: Reports.>>  percent of the 
funds made available by this chapter for assistance for the countries of 
Central America, Haiti and the Dominican Republic under the headings 
``International Narcotics Control and Law Enforcement'' and ``Foreign 
Military Financing Program'' may not be obligated until the Secretary of 
State reports in writing to the Committees on Appropriations that the 
government of such country is--
            (1) establishing police complaints commissions with 
        authority and independence to receive complaints and carry out 
        effective investigations;
            (2) implementing reforms to improve the capacity and ensure 
        the independence of the judiciary; and
            (3) investigating and prosecuting members of the federal 
        police and military forces who have been credibly alleged to 
        have committed violations of human rights.

    (c) Report.--The report required in subsection (b) shall include 
actions taken with respect to each requirement and the cases or issues 
brought to the attention of the Secretary of State for which the 
response or action taken has been inadequate.
    (d) Notification.--Funds made available for assistance for the 
countries of Central America, Haiti and the Dominican Republic in 
subchapter A shall be subject to the regular notification procedures of 
the Committees on Appropriations and section 634A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1).
    (e) Spending Plan.--Not <<NOTE: Deadline.>>  later than 45 days 
after enactment of this Act, the Secretary of State shall submit to the 
Committees on Appropriations a detailed spending plan for funds 
appropriated or otherwise made available for the countries of Central 
America, Haiti and the Dominican Republic in subchapter A, which shall 
include a strategy for combating drug trafficking and related violence 
and organized crime, judicial reform, institution building, anti-
corruption, and rule of law activities, with concrete goals, actions to 
be taken, budget proposals and anticipated results.

    (f) Definition.--For the purposes of this section, the term 
``countries of Central America'' means Belize, Costa Rica, El Salvador, 
Guatemala, Honduras, Nicaragua, and Panama.

                    buying power maintenance account

                     (including transfers of funds)

    Sec. 1408. (a) Of the funds appropriated under the heading 
``Diplomatic and Consular Programs'' and allocated by section 3810 of 
the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007 (Public Law 110-28), $26,000,000 
shall be transferred to and merged with funds in the ``Buying Power 
Maintenance Account'': Provided, That of the funds made available by 
this chapter up to an additional $74,000,000 may be transferred to and 
merged with the ``Buying Power Maintenance Account'', subject to the 
regular notification procedures of the Committees on Appropriations and 
in accordance with the procedures in section 34 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2706). Any funds transferred 
pursuant to this section shall be available, without fiscal year

[[Page 122 STAT. 2342]]

limitation, pursuant to section 24 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2696).
    (b) Section 24(b)(7) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2696(b)(7)) is amended by amending subparagraph (D) 
to read as follows:
                    ``(D) The authorities contained in this paragraph 
                may be exercised only with respect to funds appropriated 
                or otherwise made available after fiscal year 2008.''.

    (c) <<NOTE: 22 USC 6204 note.>>  The Broadcasting Board of Governors 
may transfer funds into its Buying Power Maintenance Account, 
notwithstanding the requirement that such funds be provided in advance 
in appropriations Acts. The authority in this subsection may be 
exercised only with respect to funds appropriated or otherwise made 
available after fiscal year 2008.


                                 serbia


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


                               rescissions


    Sec. 1410.  (a) World Food Program.--
            (1) For an additional amount for a contribution to the World 
        Food Program to assist farmers in countries affected by food 
        shortages to increase crop yields, notwithstanding any other 
        provision of law, $20,000,000, to remain available until 
        expended.
            (2) Of the funds appropriated under the heading ``Andean 
        Counterdrug Initiative'' in prior Acts making appropriations for 
        foreign operations, export financing, and related programs, 
        $20,000,000 are rescinded.

    (b) Sudan.--
            (1) For an additional amount for ``International Narcotics 
        Control and Law Enforcement'', $10,000,000, for assistance for 
        Sudan to support formed police units, to remain available until 
        September 30, 2009, and subject to prior consultation with the 
        Committees on Appropriations.
            (2) Of the funds appropriated under the heading 
        ``International Narcotics Control and Law Enforcement'' in prior 
        Acts making appropriations for foreign operations, export 
        financing, and related programs, $10,000,000 are rescinded.

    (c) Rescission.--Of the unobligated balances of funds appropriated 
for ``Iraq Relief and Reconstruction Fund'' in prior Acts making 
appropriations for foreign operations, export financing, and related 
programs, $50,000,000 are rescinded.

[[Page 122 STAT. 2343]]

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


                           darfur peacekeeping


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


                                  tibet


    Sec. 1412. (a) <<NOTE: Establishment.>>  Of the funds appropriated 
by this Act or prior Acts making appropriations for the Department of 
State, foreign operations and related programs under the headings 
``Diplomatic and Consular Programs'' and ``Embassy Security, 
Construction, and Maintenance'', up to $5,000,000 shall be made 
available to establish a United States Consulate in Lhasa, Tibet.

    (b) The Department of State should not consent to opening a consular 
post in the United States by the People's Republic of China until such 
time as the People's Republic of China consents to opening a United 
States consular post in Lhasa, Tibet.

                                 jordan

                     (including rescission of funds)

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


                               allocations


    Sec. 1414.  (a) Funds provided by this chapter for the following 
accounts shall be made available for programs and countries in

[[Page 122 STAT. 2344]]

the amounts contained in the respective tables included in the 
explanatory statement printed in the Congressional Record accompanying 
this Act:
            ``Diplomatic and Consular Programs''
            ``Economic Support Fund''.

    (b) Any proposed increases or decreases to the amounts contained in 
such tables in the explanatory statement printed in the Congressional 
Record accompanying this Act shall be subject to the regular 
notification procedures of the Committees on Appropriations and section 
634A of the Foreign Assistance Act of 1961.


                         reprogramming authority


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


               spending plans and notification procedures


    Sec. 1416.  (a) Subchapter A Spending Plan.--
Not <<NOTE: Deadlines. Reports.>>  later than 45 days after the 
enactment of this Act, the Secretary of State shall submit to the 
Committees on Appropriations a report detailing planned expenditures for 
funds appropriated under the headings in subchapter A, except for funds 
appropriated under the headings ``International Disaster Assistance'', 
``Migration and Refugee Assistance'', and ``United States Emergency 
Refugee and Migration Assistance Fund''.

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


                          terms and conditions


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

[[Page 122 STAT. 2345]]

                       TITLE II--DOMESTIC MATTERS

                 CHAPTER 1--FOOD AND DRUG ADMINISTRATION

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                          salaries and expenses

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

                CHAPTER 2--COMMERCE, JUSTICE, AND SCIENCE

                         DEPARTMENT OF COMMERCE

                          Bureau of the Census

                     periodic censuses and programs

                      (including transfer of funds)

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

[[Page 122 STAT. 2346]]

                          DEPARTMENT OF JUSTICE

                          Federal Prison System

                          salaries and expenses

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

                             OTHER AGENCIES

              National Aeronautics and Space Administration

                  science, aeronautics and exploration

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

                       National Science Foundation

                     research and related activities

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

                      education and human resources

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

                            CHAPTER 3--ENERGY

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                                 Science

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                      Defense Environmental Cleanup

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

[[Page 122 STAT. 2347]]

             CHAPTER 4--LABOR AND HEALTH AND HUMAN SERVICES

                           DEPARTMENT OF LABOR

                 Employment and Training Administration

     state unemployment insurance and employment service operations

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

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      National Institutes of Health

                         office of the director

                      (including transfer of funds)

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

                      CHAPTER 5--LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

       Payment to Widows and Heirs of Deceased Members of Congress

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

[[Page 122 STAT. 2348]]

             TITLE III--NATURAL DISASTER RELIEF AND RECOVERY

                         CHAPTER 1--AGRICULTURE

                        DEPARTMENT OF AGRICULTURE

                           Farm Service Agency

                     emergency conservation program

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

                 Natural Resources Conservation Service

                 emergency watershed protection program

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

                           CHAPTER 2--COMMERCE

                         DEPARTMENT OF COMMERCE

                   Economic Development Administration

                economic development assistance programs

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

                      CHAPTER 3--CORPS OF ENGINEERS

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

                              construction

    For an additional amount for ``Construction'', for necessary 
expenses to address emergency situations at Corps of Engineers projects 
and rehabilitate and repair damages to Corps projects caused by recent 
natural disasters, $61,700,000, to remain available until expended.
    For an additional amount for ``Construction'', for necessary 
expenses related to the consequences of Hurricane Katrina and other 
hurricanes of the 2005 season, $2,835,000,000, to become available on 
October 1, 2008, and to remain available until

[[Page 122 STAT. 2349]]

expended: Provided, That the Secretary of the Army is directed to use 
$1,997,000,000 of the funds provided herein to modify authorized 
projects in southeast Louisiana to provide hurricane, storm and flood 
damage reduction in the greater New Orleans and surrounding areas to the 
levels of protection necessary to achieve the certification required for 
participation in the National Flood Insurance Program under the base 
flood elevations current at the time of enactment of this Act, and shall 
use $1,077,000,000 of those funds for the Lake Pontchartrain and 
Vicinity project and $920,000,000 of those funds for the West Bank and 
Vicinity project: Provided further, That, in addition, $838,000,000 of 
the funds provided herein shall be for elements of Southeast Louisiana 
Urban Drainage project within the geographic perimeter of the West Bank 
and Vicinity and Lake Pontchartrain and Vicinity projects, to provide 
for interior drainage of runoff from rainfall with a ten percent annual 
exceedance probability: Provided further, That the amounts provided 
herein shall be subject to a 65 percent Federal / 35 percent non-Federal 
cost share for the specified purposes: <<NOTE: Deadlines. Reports.>>  
Provided further, That beginning not later than 60 days after the date 
of enactment of this Act, the Chief of Engineers, acting through the 
Assistant Secretary of the Army for Civil Works, shall provide monthly 
reports to the Committees on Appropriations of the House of 
Representatives and the Senate detailing the allocation and obligation 
of these funds: Provided further, That the expenditure of funds as 
provided above may be made without regard to individual amounts or 
purposes except that any reallocation of funds that is necessary to 
accomplish the established goals is authorized subject to the approval 
of the House and Senate Committees on Appropriations.

                    mississippi river and tributaries

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

                        operation and maintenance

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

                  flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses to prepare for flood, hurricane 
and other natural disasters and support emergency operations, repair and 
other activities in response to flood and hurricane emergencies as 
authorized by law, $226,854,800, to remain available until expended.
    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Act of August 18, 1941

[[Page 122 STAT. 2350]]

(33 U.S.C. 701n), for necessary expenses relating to the consequences of 
Hurricane Katrina and other hurricanes of the 2005 season, 
$2,926,000,000, to become available on October 1, 2008, and to remain 
available until expended: Provided, That funds provided herein shall be 
used to reduce the risk of hurricane and storm damages to the greater 
New Orleans metropolitan area, at full Federal expense, for the 
following: $704,000,000 shall be used to modify the 17th Street, Orleans 
Avenue, and London Avenue drainage canals and install pumps and closure 
structures at or near the lakefront; $90,000,000 shall be used for 
storm-proofing interior pump stations to ensure the operability of the 
stations during hurricanes, storms, and high water events; $459,000,000 
shall be used for armoring critical elements of the New Orleans 
hurricane and storm damage reduction system; $53,000,000 shall be used 
to improve protection at the Inner Harbor Navigation Canal; $456,000,000 
shall be used to replace or modify certain non-Federal levees in 
Plaquemines Parish to incorporate the levees into the existing New 
Orleans to Venice hurricane protection project; $412,000,000 shall be 
used for reinforcing or replacing flood walls, as necessary, in the 
existing Lake Pontchartrain and Vicinity project and the existing West 
Bank and Vicinity project to improve the performance of the systems; 
$393,000,000 shall be used for repair and restoration of authorized 
protections and floodwalls; and $359,000,000 shall be to complete the 
authorized protection for the Lake Ponchartrain and Vicinity, West Bank 
and Vicinity, and the New Orleans to Venice projects: Provided further, 
That <<NOTE: Deadline. Cost estimates.>>  the Secretary of the Army, 
within available funds, is directed to continue the NEPA alternative 
evaluation of all options with particular attention to Options 1, 2 and 
2a of the report to Congress, dated August 30, 2007, provided in 
response to the requirements of chapter 3, section 4303 of Public Law 
110-28, and within 90 days of enactment of this Act provide the House 
and Senate Committees on Appropriations cost estimates to implement 
Options 1, 2 and 2a of the above cited report: Provided 
further, <<NOTE: Deadlines. Reports.>>  That beginning not later than 60 
days after the date of enactment of this Act, the Chief of Engineers, 
acting through the Assistant Secretary of the Army for Civil Works, 
shall provide monthly reports to the Committees on Appropriations of the 
House of Representatives and the Senate detailing the allocation and 
obligation of these funds: Provided further, That any project using 
funds appropriated under this heading shall be initiated only after non-
Federal interests have entered into binding agreements with the 
Assistant Secretary of the Army for Civil Works requiring the non-
Federal interests to pay 100 percent of the operation, maintenance, 
repair, replacement, and rehabilitation costs of completed elements and 
to hold and save the United States free from damages due to the 
construction, operation, and maintenance of the project, except for 
damages due to the fault or negligence of the United States or its 
contractors: Provided further, That the expenditure of funds as provided 
above may be made without regard to individual amounts or purposes 
except that any reallocation of funds that is necessary to accomplish 
the established goals is authorized subject to the approval of the House 
and Senate Committees on Appropriations.

[[Page 122 STAT. 2351]]

                                expenses

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

                        CHAPTER 4--SMALL BUSINESS

                      Small Business Administration

                     disaster loans program account

                      (including transfer of funds)

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

                     CHAPTER 5--FEMA DISASTER RELIEF

                     DEPARTMENT OF HOMELAND SECURITY

                   Federal Emergency Management Agency

                             disaster relief

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

                CHAPTER 6--HOUSING AND URBAN DEVELOPMENT

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Permanent Supportive Housing

    For the provision of 3,000 units of permanent supportive housing as 
referenced in the Road Home Program of the Louisiana Recovery Authority 
approved by the Secretary of Housing and Urban Development, $73,000,000, 
to remain available until

[[Page 122 STAT. 2352]]

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

                   Community Planning and Development

                       community development fund

    For an additional amount for ``Community Development Fund'', for 
necessary expenses related to disaster relief, long-term recovery, and 
restoration of infrastructure in areas covered by a declaration of major 
disaster under title IV of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) as a result of recent 
natural disasters, $300,000,000, to remain available until expended, for 
activities authorized under title I of the Housing and Community 
Development Act of 1974 (Public Law 93-383): Provided, That funds 
provided under this heading shall be administered through an entity or 
entities designated by the Governor of each State: Provided further, 
That such funds may not be used for activities reimbursable by or for 
which funds are made available by the Federal Emergency Management 
Agency or the Army Corps of Engineers: Provided further, That funds 
allocated under this heading shall not adversely affect the amount of 
any formula assistance received by a State under this heading: Provided 
further, That each State may use up to five percent of its allocation 
for administrative costs: Provided further, <<NOTE: Waiver authority.>>  
That in administering the funds under this heading, the Secretary of 
Housing and Urban Development shall waive, or specify alternative 
requirements for, any provision of any statute or regulation that the 
Secretary administers in connection with the obligation by the Secretary 
or the use by the recipient of these funds or guarantees (except for 
requirements related to fair housing, nondiscrimination, labor 
standards, and the environment), upon a request by the State that such 
waiver is required to facilitate the use of such funds or guarantees, 
and a finding by the Secretary that such waiver would not be 
inconsistent with the overall purpose of the statute, as 
modified: <<NOTE: Waiver authority.>>  Provided further, That the 
Secretary may waive the requirement that activities benefit persons of 
low and moderate income, except that at least 50 percent of the funds 
made available under this heading must benefit primarily persons of low 
and moderate income unless the Secretary otherwise makes a finding of 
compelling need: Provided further, <<NOTE: Federal Register, 
publication. Deadline.>>  That the Secretary

[[Page 122 STAT. 2353]]

shall publish in the Federal Register any waiver of any statute or 
regulation that the Secretary administers pursuant to title I of the 
Housing and Community Development Act of 1974 no later than 5 days 
before the effective date of such waiver: Provided further, That every 
waiver made by the Secretary must be reconsidered according to the three 
previous provisos on the two-year anniversary of the day the Secretary 
published the waiver in the Federal Register: Provided 
further, <<NOTE: Plans.>>  That prior to the obligation of funds each 
State shall submit a plan to the Secretary detailing the proposed use of 
all funds, including criteria for eligibility and how the use of these 
funds will address long-term recovery and restoration of infrastructure: 
Provided further, <<NOTE: Reports. Deadlines.>>  That each State will 
report quarterly to the Committees on Appropriations on all awards and 
uses of funds made available under this heading, including specifically 
identifying all awards of sole-source contracts and the rationale for 
making the award on a sole-source basis: Provided 
further, <<NOTE: Notification. Deadline.>>  That the Secretary shall 
notify the Committees on Appropriations on any proposed allocation of 
any funds and any related waivers made pursuant to these provisions 
under this heading no later than 5 days before such waiver is made: 
Provided further, <<NOTE: Procedures. Reports. Deadlines.>>  That the 
Secretary shall establish procedures to prevent recipients from 
receiving any duplication of benefits and report quarterly to the 
Committees on Appropriations with regard to all steps taken to prevent 
fraud and abuse of funds made available under this heading including 
duplication of benefits.

              TITLE IV--EMERGENCY UNEMPLOYMENT COMPENSATION


                        federal-state agreements


    Sec. 4001.  (a) In General.--Any State which desires to do so may 
enter into and participate in an agreement under this title with the 
Secretary of Labor (in this title referred to as the 
``Secretary''). <<NOTE: Deadline. Notice.>>  Any State which is a party 
to an agreement under this title may, upon providing 30 days' written 
notice to the Secretary, terminate such agreement.

    (b) Provisions of Agreement.--Any agreement under subsection (a) 
shall provide that the State agency of the State will make payments of 
emergency unemployment compensation to individuals who--
            (1) have exhausted all rights to regular compensation under 
        the State law or under Federal law with respect to a benefit 
        year (excluding any benefit year that ended before May 1, 2007);
            (2) have no rights to regular compensation or extended 
        compensation with respect to a week under such law or any other 
        State unemployment compensation law or to compensation under any 
        other Federal law (except as provided under subsection (e)); and
            (3) are not receiving compensation with respect to such week 
        under the unemployment compensation law of Canada.

    (c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an 
individual shall be deemed to have exhausted such individual's rights to 
regular compensation under a State law when--
            (1) no payments of regular compensation can be made under 
        such law because such individual has received all regular 
        compensation available to such individual based on employment or 
        wages during such individual's base period; or

[[Page 122 STAT. 2354]]

            (2) such individual's rights to such compensation have been 
        terminated by reason of the expiration of the benefit year with 
        respect to which such rights existed.

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

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


               emergency unemployment compensation account


    Sec. 4002. <<NOTE: 26 USC 3304 note.>>   (a) In General.--Any 
agreement under this title shall provide that the State will establish, 
for each eligible individual who files an application for emergency 
unemployment compensation, an emergency unemployment compensation 
account with respect to such individual's benefit year.

    (b) Amount in Account.--

[[Page 122 STAT. 2355]]

            (1) In general.--The amount established in an account under 
        subsection (a) shall be equal to the lesser of--
                    (A) 50 percent of the total amount of regular 
                compensation (including dependents' allowances) payable 
                to the individual during the individual's benefit year 
                under such law, or
                    (B) 13 times the individual's average weekly benefit 
                amount for the benefit year.
            (2) Weekly benefit amount.--For purposes of this subsection, 
        an individual's weekly benefit amount for any week is the amount 
        of regular compensation (including dependents' allowances) under 
        the State law payable to such individual for such week for total 
        unemployment.


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


    Sec. 4003.  (a) <<NOTE: 26 USC 3304 note.>>  General Rule.--There 
shall be paid to each State that has entered into an agreement under 
this title an amount equal to 100 percent of the emergency unemployment 
compensation paid to individuals by the State pursuant to such 
agreement.

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


                          financing provisions


    Sec. 4004.  (a) <<NOTE: 26 USC 3304 note.>>  In General.--Funds in 
the extended unemployment compensation account (as established by 
section 905(a) of the Social Security Act (42 U.S.C. 1105(a)) of the 
Unemployment Trust Fund (as established by section 904(a) of such Act 
(42 U.S.C. 1104(a)) shall be used for the making of payments to States 
having agreements entered into under this title.

    (b) Certification.--The Secretary shall from time to time certify to 
the Secretary of the Treasury for payment to each State the sums payable 
to such State under this title. The Secretary of the Treasury, prior to 
audit or settlement by the Government Accountability Office, shall make 
payments to the State in accordance with such certification, by 
transfers from the extended unemployment compensation account (as so 
established) to the

[[Page 122 STAT. 2356]]

account of such State in the Unemployment Trust Fund (as so 
established).
    (c) Assistance to States.--There are appropriated out of the 
employment security administration account (as established by section 
901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the 
Unemployment Trust Fund, without fiscal year limitation, such funds as 
may be necessary for purposes of assisting States (as provided in title 
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 
costs of administration of agreements under this title.
    (d) Appropriations for Certain Payments.--There are appropriated 
from the general fund of the Treasury, without fiscal year limitation, 
to the extended unemployment compensation account (as so established) of 
the Unemployment Trust Fund (as so established) such sums as the 
Secretary estimates to be necessary to make the payments under this 
section in respect of--
            (1) compensation payable under chapter 85 of title 5, United 
        States Code; and
            (2) compensation payable on the basis of services to which 
        section 3309(a)(1) of the Internal Revenue Code of 1986 applies.

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


                         fraud and overpayments


    Sec. 4005.  (a) <<NOTE: 26 USC 3304 note.>>  In General.--If an 
individual knowingly has made, or caused to be made by another, a false 
statement or representation of a material fact, or knowingly has failed, 
or caused another to fail, to disclose a material fact, and as a result 
of such false statement or representation or of such nondisclosure such 
individual has received an amount of emergency unemployment compensation 
under this title to which such individual was not entitled, such 
individual--
            (1) shall be ineligible for further emergency unemployment 
        compensation under this title in accordance with the provisions 
        of the applicable State unemployment compensation law relating 
        to fraud in connection with a claim for unemployment 
        compensation; and
            (2) shall be subject to prosecution under section 1001 of 
        title 18, United States Code.

    (b) <<NOTE: Waiver authority.>>  Repayment.--In the case of 
individuals who have received amounts of emergency unemployment 
compensation under this title to which they were not entitled, the State 
shall require such individuals to repay the amounts of such emergency 
unemployment compensation to the State agency, except that the State 
agency may waive such repayment if it determines that--
            (1) the payment of such emergency unemployment compensation 
        was without fault on the part of any such individual; and
            (2) such repayment would be contrary to equity and good 
        conscience.

    (c) Recovery by State Agency.--
            (1) In general.--The State agency may recover the amount to 
        be repaid, or any part thereof, by deductions from any emergency 
        unemployment compensation payable to such individual under this 
        title or from any unemployment compensation payable to such 
        individual under any State or Federal unemployment compensation 
        law administered by the State

[[Page 122 STAT. 2357]]

        agency or under any other State or Federal law administered by 
        the State agency which provides for the payment of any 
        assistance or allowance with respect to any week of 
        unemployment, during the 3-year period after the date such 
        individuals received the payment of the emergency unemployment 
        compensation to which they were not entitled, except that no 
        single deduction may exceed 50 percent of the weekly benefit 
        amount from which such deduction is made.
            (2) Opportunity for hearing.--No <<NOTE: Notice.>>  
        repayment shall be required, and no deduction shall be made, 
        until a determination has been made, notice thereof and an 
        opportunity for a fair hearing has been given to the individual, 
        and the determination has become final.

    (d) Review.--Any determination by a State agency under this section 
shall be subject to review in the same manner and to the same extent as 
determinations under the State unemployment compensation law, and only 
in that manner and to that extent.


                               definitions


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


                              applicability


    Sec. 4007.  (a) <<NOTE: 26 USC 3304 note.>>  In General.--Except as 
provided in subsection (b), an agreement entered into under this title 
shall apply to weeks of unemployment--
            (1) beginning <<NOTE: Effective date.>>  after the date on 
        which such agreement is entered into; and
            (2) ending <<NOTE: Termination date.>>  on or before March 
        31, 2009.

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

TITLE V--VETERANS <<NOTE: Post-9/11 Veterans Educational Assistance Act 
of 2008. 38 USC 101 note.>>  EDUCATIONAL ASSISTANCE


                               short title


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


                                findings


    Sec. 5002.  Congress <<NOTE: 38 USC 3301 note.>>  makes the 
following findings:

[[Page 122 STAT. 2358]]

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


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


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

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

                       ``subchapter i--definitions

``Sec.
``3301. Definitions.

                 ``subchapter ii--educational assistance

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

               ``subchapter iii--administrative provisions

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

[[Page 122 STAT. 2359]]

                       ``SUBCHAPTER I--DEFINITIONS

``Sec. 3301. Definitions

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

                 ``SUBCHAPTER II--EDUCATIONAL ASSISTANCE

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

    ``(a) Entitlement.--Subject to subsections (d) and (e), each 
individual described in subsection (b) is entitled to educational 
assistance under this chapter.
    ``(b) Covered Individuals.--An individual described in this 
subsection is any individual as follows:
            ``(1) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 36 months on active duty 
                in the Armed Forces (including service on active duty in 
                entry level and skill training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                          ``(i) continues on active duty; or
                          ``(ii) is discharged or released from active 
                      duty as described in subsection (c).
            ``(2) An individual who--

[[Page 122 STAT. 2360]]

                    ``(A) commencing on or after September 11, 2001, 
                serves at least 30 continuous days on active duty in the 
                Armed Forces; and
                    ``(B) after completion of service described in 
                subparagraph (A), is discharged or released from active 
                duty in the Armed Forces for a service-connected 
                disability.
            ``(3) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 30 months, but less than 
                36 months, on active duty in the Armed Forces (including 
                service on active duty in entry level and skill 
                training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                          ``(i) continues on active duty for an 
                      aggregate of less than 36 months; or
                          ``(ii) before completion of service on active 
                      duty of an aggregate of 36 months, is discharged 
                      or released from active duty as described in 
                      subsection (c).
            ``(4) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 24 months, but less than 
                30 months, on active duty in the Armed Forces (including 
                service on active duty in entry level and skill 
                training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                          ``(i) continues on active duty for an 
                      aggregate of less than 30 months; or
                          ``(ii) before completion of service on active 
                      duty of an aggregate of 30 months, is discharged 
                      or released from active duty as described in 
                      subsection (c).
            ``(5) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 18 months, but less than 
                24 months, on active duty in the Armed Forces (excluding 
                service on active duty in entry level and skill 
                training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                          ``(i) continues on active duty for an 
                      aggregate of less than 24 months; or
                          ``(ii) before completion of service on active 
                      duty of an aggregate of 24 months, is discharged 
                      or released from active duty as described in 
                      subsection (c).
            ``(6) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 12 months, but less than 
                18 months, on active duty in the Armed Forces (excluding 
                service on active duty in entry level and skill 
                training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                          ``(i) continues on active duty for an 
                      aggregate of less than 18 months; or

[[Page 122 STAT. 2361]]

                          ``(ii) before completion of service on active 
                      duty of an aggregate of 18 months, is discharged 
                      or released from active duty as described in 
                      subsection (c).
            ``(7) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 6 months, but less than 
                12 months, on active duty in the Armed Forces (excluding 
                service on active duty in entry level and skill 
                training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                          ``(i) continues on active duty for an 
                      aggregate of less than 12 months; or
                          ``(ii) before completion of service on active 
                      duty of an aggregate of 12 months, is discharged 
                      or released from active duty as described in 
                      subsection (c).
            ``(8) An individual who--
                    ``(A) commencing on or after September 11, 2001, 
                serves an aggregate of at least 90 days, but less than 6 
                months, on active duty in the Armed Forces (excluding 
                service on active duty in entry level and skill 
                training); and
                    ``(B) after completion of service described in 
                subparagraph (A)--
                          ``(i) continues on active duty for an 
                      aggregate of less than 6 months; or
                          ``(ii) before completion of service on active 
                      duty of an aggregate of 6 months, is discharged or 
                      released from active duty as described in 
                      subsection (c).

    ``(c) Covered Discharges and Releases.--A discharge or release from 
active duty of an individual described in this subsection is a discharge 
or release as follows:
            ``(1) A discharge from active duty in the Armed Forces with 
        an honorable discharge.
            ``(2) A release after service on active duty in the Armed 
        Forces characterized by the Secretary concerned as honorable 
        service and placement on the retired list, transfer to the Fleet 
        Reserve or Fleet Marine Corps Reserve, or placement on the 
        temporary disability retired list.
            ``(3) A release from active duty in the Armed Forces for 
        further service in a reserve component of the Armed Forces after 
        service on active duty characterized by the Secretary concerned 
        as honorable service.
            ``(4) A discharge or release from active duty in the Armed 
        Forces for--
                    ``(A) a medical condition which preexisted the 
                service of the individual as described in the applicable 
                paragraph of subsection (b) and which the Secretary 
                determines is not service-connected;
                    ``(B) hardship; or
                    ``(C) a physical or mental condition that was not 
                characterized as a disability and did not result from 
                the individual's own willful misconduct but did 
                interfere with the individual's performance of duty, as 
                determined by the Secretary concerned in accordance with 
                regulations prescribed by the Secretary of Defense.

    ``(d) Prohibition on Treatment of Certain Service as Period of 
Active Duty.--The following periods of service shall not be considered a 
part of the period of active duty on which

[[Page 122 STAT. 2362]]

an individual's entitlement to educational assistance under this chapter 
is based:
            ``(1) A period of service on active duty of an officer 
        pursuant to an agreement under section 2107(b) of title 10.
            ``(2) A period of service on active duty of an officer 
        pursuant to an agreement under section 4348, 6959, or 9348 of 
        title 10.
            ``(3) A period of service that is terminated because of a 
        defective enlistment and induction based on--
                    ``(A) the individual's being a minor for purposes of 
                service in the Armed Forces;
                    ``(B) an erroneous enlistment or induction; or
                    ``(C) a defective enlistment agreement.

    ``(e) Treatment of Individuals Entitled Under Multiple Provisions.--
In the event an individual entitled to educational assistance under this 
chapter is entitled by reason of both paragraphs (4) and (5) of 
subsection (b), the individual shall be treated as being entitled to 
educational assistance under this chapter by reason of paragraph (5) of 
subsection (b).

``Sec. 3312. Educational assistance: duration

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

[[Page 122 STAT. 2363]]

            ``(3) Period for which payment not charged.--The period for 
        which, by reason of this subsection, educational assistance is 
        not charged against entitlement or counted toward the applicable 
        aggregate period under section 3695 of this title shall not 
        exceed the portion of the period of enrollment in the course or 
        courses from which the individual failed to receive credit or 
        with respect to which the individual lost training time, as 
        determined under paragraph (2)(B).

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

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

[[Page 122 STAT. 2364]]

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

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

[[Page 122 STAT. 2365]]

            ``(2) Monthly payments.--Payment of the amount payable under 
        subsection (c)(1)(B), and of similar amounts payable under 
        paragraphs (2) through (7) of subsection (c), for pursuit of a 
        program of education shall be made on a monthly basis.
            ``(3) Regulations.--The Secretary shall prescribe in 
        regulations methods for determining the number of months 
        (including fractions thereof) of entitlement of an individual to 
        educational assistance this chapter that are chargeable under 
        this chapter for an advance payment of amounts under paragraphs 
        (1) and (2) for pursuit of a program of education on a quarter, 
        semester, term, or other basis.

    ``(e) Programs of Education Pursued on Active Duty.--
            ``(1) In general.--Educational assistance is payable under 
        this chapter for pursuit of an approved program of education 
        while on active duty.
            ``(2) Amount of assistance.--The amount of educational 
        assistance payable under this chapter to an individual pursuing 
        a program of education while on active duty is the lesser of--
                    ``(A) the established charges which similarly 
                circumstanced nonveterans enrolled in the program of 
                education involved would be required to pay; or
                    ``(B) the amount of the charges of the educational 
                institution as elected by the individual in the manner 
                specified in section 3014(b)(1)
            ``(3) Quarter, semester, or term payments.--Payment of the 
        amount payable under paragraph (2) for pursuit of a program of 
        education shall be made for the entire quarter, semester, or 
        term, as applicable, of the program of education.
            ``(4) Monthly payments.--For each month (as determined 
        pursuant to the methods prescribed under subsection (d)(3)) for 
        which amounts are paid an individual under this subsection, the 
        entitlement of the individual to educational assistance under 
        this chapter shall be charged at the rate of one month for each 
        such month.

    ``(f) Programs of Education Pursued on Half-Time Basis or Less.--
            ``(1) In general.--Educational assistance is payable under 
        this chapter for pursuit of an approved program of education on 
        half-time basis or less.
            ``(2) Amount of assistance.--The educational assistance 
        payable under this chapter to an individual pursuing a program 
        of education on half-time basis or less is the amounts as 
        follows:
                    ``(A) The amount equal to the lesser of--
                          ``(i) the established charges which similarly 
                      circumstanced nonveterans enrolled in the program 
                      of education involved would be required to pay; or
                          ``(ii) the maximum amount that would be 
                      payable to the individual for the program of 
                      education under paragraph (1)(A) of subsection 
                      (c), or under the provisions of paragraphs (2) 
                      through (7) of subsection (c) applicable to the 
                      individual, for the program of education if the 
                      individual were entitled to amounts for the 
                      program of education under subsection (c) rather 
                      than this subsection.
                    ``(B) A stipend in an amount equal to the amount of 
                the appropriately reduced amount of the lump sum

[[Page 122 STAT. 2366]]

                amount for books, supplies, equipment, and other 
                educational costs otherwise payable to the individual 
                under subsection (c).
            ``(3)  Quarter, term, or semester payments.--Payment of the 
        amounts payable to an individual under paragraph (2) for pursuit 
        of a program of education on half-time basis or less shall be 
        made for the entire quarter, semester, or term, as applicable, 
        of the program of education.
            ``(4) Monthly payments.--For each month (as determined 
        pursuant to the methods prescribed under subsection (d)(3)) for 
        which amounts are paid an individual under this subsection, the 
        entitlement of the individual to educational assistance under 
        this chapter shall be charged at a percentage of a month equal 
        to--
                    ``(A) the number of course hours borne by the 
                individual in pursuit of the program of education 
                involved, divided by
                    ``(B) the number of course hours for full-time 
                pursuit of such program of education.

    ``(g) Payment of Established Charges to Educational Institutions.--
Amounts payable under subsections (c)(1)(A) (and of similar amounts 
payable under paragraphs (2) through (7) of subsection (c)), (e)(2), and 
(f)(2)(A) shall be paid directly to the educational institution 
concerned.
    ``(h) Established Charges Defined.--
            ``(1) In general.--In this section, the term `established 
        charges', in the case of a program of education, means the 
        actual charges (as determined pursuant to regulations prescribed 
        by the Secretary) for tuition and fees which similarly 
        circumstanced nonveterans enrolled in the program of education 
        would be required to pay.
            ``(2) Basis of determination.--Established charges shall be 
        determined for purposes of this subsection on the following 
        basis:
                    ``(A) In the case of an individual enrolled in a 
                program of education offered on a term, quarter, or 
                semester basis, the tuition and fees charged the 
                individual for the term, quarter, or semester.
                    ``(B) In the case of an individual enrolled in a 
                program of education not offered on a term, quarter, or 
                semester basis, the tuition and fees charged the 
                individual for the entire program of education.

``Sec. 3314. Tutorial assistance

    ``(a) In General.--Subject to subsection (b), an individual entitled 
to educational assistance under this chapter shall also be entitled to 
benefits provided an eligible veteran under section 3492.
    ``(b) Conditions.--
            ``(1) In general.--The provision of benefits under 
        subsection (a) shall be subject to the conditions applicable to 
        an eligible veteran under section 3492.
            ``(2) Certification.--In addition to the conditions 
        specified in paragraph (1), benefits may not be provided to an 
        individual under subsection (a) unless the professor or other 
        individual teaching, leading, or giving the course for which 
        such benefits are provided certifies that--

[[Page 122 STAT. 2367]]

                    ``(A) such benefits are essential to correct a 
                deficiency of the individual in such course; and
                    ``(B) such course is required as a part of, or is 
                prerequisite or indispensable to the satisfactory 
                pursuit of, an approved program of education.

    ``(c) Amount.--
            ``(1) In general.--The amount of benefits described in 
        subsection (a) that are payable under this section may not 
        exceed $100 per month, for a maximum of 12 months, or until a 
        maximum of $1,200 is utilized.
            ``(2) As additional assistance.--The amount provided an 
        individual under this subsection is in addition to the amounts 
        of educational assistance paid the individual under section 
        3313.

    ``(d) No Charge Against Entitlement.--Any benefits provided an 
individual under subsection (a) are in addition to any other educational 
assistance benefits provided the individual under this chapter.

``Sec. 3315. Licensure and certification tests

    ``(a) In General.--An individual entitled to educational assistance 
under this chapter shall also be entitled to payment for one licensing 
or certification test described in section 3452(b).
    ``(b) Limitation on Amount.--The amount payable under subsection (a) 
for a licensing or certification test may not exceed the lesser of--
            ``(1) $2,000; or
            ``(2) the fee charged for the test.

    ``(c) No Charge Against Entitlement.--Any amount paid an individual 
under subsection (a) is in addition to any other educational assistance 
benefits provided the individual under this chapter.

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

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

    ``(b) Supplemental Assistance for Additional Service.--
            ``(1) In general.--The Secretary concerned may provide for 
        the payment to an individual entitled to educational assistance 
        under this chapter of supplemental educational assistance

[[Page 122 STAT. 2368]]

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

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

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

    ``(a) Establishment of Program.--In instances where the educational 
assistance provided pursuant to section 3313(c)(1)(A) does not cover the 
full cost of established charges (as specified in section 3313), the 
Secretary shall carry out a program under which colleges and 
universities can, voluntarily, enter into an agreement with the 
Secretary to cover a portion of those established charges not otherwise 
covered under section 3313(c)(1)(A), which contributions shall be 
matched by equivalent contributions toward such costs by the 
Secretary. <<NOTE: Applicability.>>  The program shall only apply to 
covered individuals described in paragraphs (1) and (2) of section 
3311(b).

    ``(b) Designation of Program.--The program under this section shall 
be known as the `Yellow Ribbon G.I. Education Enhancement Program'.
    ``(c) Agreements.--The Secretary shall enter into an agreement with 
each college or university seeking to participate in the program under 
this section. Each agreement shall specify the following:
            ``(1) The manner (whether by direct grant, scholarship, or 
        otherwise) of the contributions to be made by the college or 
        university concerned.
            ``(2) The maximum amount of the contribution to be made by 
        the college or university concerned with respect to any 
        particular individual in any given academic year.
            ``(3) The maximum number of individuals for whom the college 
        or university concerned will make contributions in any given 
        academic year.
            ``(4) Such other matters as the Secretary and the college or 
        university concerned jointly consider appropriate.

    ``(d) Matching Contributions.--
            ``(1) In general.--In instances where the educational 
        assistance provided an individual under section 3313(c)(1)(A) 
        does not cover the full cost of tuition and mandatory fees at a 
        college or university, the Secretary shall provide up to 50 
        percent of the remaining costs for tuition and mandatory

[[Page 122 STAT. 2369]]

        fees if the college or university voluntarily enters into an 
        agreement with the Secretary to match an equal percentage of any 
        of the remaining costs for such tuition and fees.
            ``(2) Use of appropriated funds.--Amounts available to the 
        Secretary under section 3324(b) for payment of the costs of this 
        chapter shall be available to the Secretary for purposes of 
        paragraph (1).

    ``(e) Outreach.--The <<NOTE: Website. Public information. Lists.>>  
Secretary shall make available on the Internet website of the Department 
available to the public a current list of the colleges and universities 
participating in the program under this section. The list shall specify, 
for each college or university so listed, appropriate information on the 
agreement between the Secretary and such college or university under 
subsection (c).

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

    ``(a) Additional Assistance.--Each individual described in 
subsection (b) shall be paid additional assistance under this section in 
the amount of $500.
    ``(b) Covered Individuals.--An individual described in this 
subsection is any individual entitled to educational assistance under 
this chapter--
            ``(1) who resides in a county (or similar entity utilized by 
        the Bureau of the Census) with less than seven persons per 
        square mile, according to the most recent decennial Census; and
            ``(2) who--
                    ``(A) physically relocates a distance of at least 
                500 miles in order to pursue a program of education for 
                which the individual utilizes educational assistance 
                under this chapter; or
                    ``(B) travels by air to physically attend an 
                institution of higher education for pursuit of such a 
                program of education because the individual cannot 
                travel to such institution by automobile or other 
                established form of transportation due to an absence of 
                road or other infrastructure.

    ``(c) Proof of Residence.--For purposes of subsection (b)(1), an 
individual may demonstrate the individual's place of residence utilizing 
any of the following:
            ``(1) DD Form 214, Certification of Release or Discharge 
        from Active Duty.
            ``(2) The most recent Federal income tax return.
            ``(3) Such other evidence as the Secretary shall prescribe 
        for purposes of this section.

    ``(d) Single Payment of Assistance.--An individual is entitled to 
only one payment of additional assistance under this section.
    ``(e) No Charge Against Entitlement.--Any amount paid an individual 
under this section is in addition to any other educational assistance 
benefits provided the individual under this chapter.

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

    ``(a) In General.--Subject to the provisions of this section, the 
Secretary of Defense may authorize the Secretary concerned, to promote 
recruitment and retention of members of the Armed Forces, to permit an 
individual described in subsection (b) who

[[Page 122 STAT. 2370]]

is entitled to educational assistance under this chapter to elect to 
transfer to one or more of the dependents specified in subsection (c) a 
portion of such individual's entitlement to such assistance, subject to 
the limitation under subsection (d).
    ``(b) Eligible Individuals.--An individual referred to in subsection 
(a) is any member of the Armed Forces who, at the time of the approval 
of the individual's request to transfer entitlement to educational 
assistance under this section, has completed at least--
            ``(1) six years of service in the armed forces and enters 
        into an agreement to serve at least four more years as a member 
        of the Armed Forces; or
            ``(2) the years of service as determined in regulations 
        pursuant to section (k).

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

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

    ``(f) Time for Transfer; Revocation and Modification.--
            ``(1) Time for transfer.--Subject to the time limitation for 
        use of entitlement under section 3321 an individual approved to 
        transfer entitlement to educational assistance under this 
        section may transfer such entitlement only while serving as a 
        member of the armed forces when the transfer is executed.
            ``(2) Modification or revocation.--
                    ``(A) In general.--An individual transferring 
                entitlement under this section may modify or revoke at 
                any time the transfer of any unused portion of the 
                entitlement so transferred.
                    ``(B) Notice.--The modification or revocation of the 
                transfer of entitlement under this paragraph shall be 
                made by the submittal of written notice of the action to 
                both the Secretary concerned and the Secretary of 
                Veterans Affairs.
            ``(3) Prohibition on treatment of transferred entitlement as 
        marital property.--Entitlement transferred under this section 
        may not be treated as marital property, or the asset of a 
        marital estate, subject to division in a divorce or other civil 
        proceeding.

[[Page 122 STAT. 2371]]

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

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

[[Page 122 STAT. 2372]]

        may use the benefit without regard to the 15-year delimiting 
        date, but may not use any entitlement so transferred after 
        attaining the age of 26 years.
            ``(6) Scope of use by transferees.--The purposes for which a 
        dependent to whom entitlement is transferred under this section 
        may use such entitlement shall include the pursuit and 
        completion of the requirements of a secondary school diploma (or 
        equivalency certificate).
            ``(7) <<NOTE: Applicability.>>  Additional administrative 
        provisions.--The administrative provisions of this chapter shall 
        apply to the use of entitlement transferred under this section, 
        except that the dependent to whom the entitlement is transferred 
        shall be treated as the eligible individual for purposes of such 
        provisions.

    ``(i) Overpayment.--
            ``(1) Joint and several liability.--In the event of an 
        overpayment of educational assistance with respect to a 
        dependent to whom entitlement is transferred under this section, 
        the dependent and the individual making the transfer shall be 
        jointly and severally liable to the United States for the amount 
        of the overpayment for purposes of section 3685.
            ``(2) Failure to complete service agreement.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if an individual transferring 
                entitlement under this section fails to complete the 
                service agreed to by the individual under subsection 
                (b)(1) in accordance with the terms of the agreement of 
                the individual under that subsection, the amount of any 
                transferred entitlement under this section that is used 
                by a dependent of the individual as of the date of such 
                failure shall be treated as an overpayment of 
                educational assistance under paragraph (1).
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                in the case of an individual who fails to complete 
                service agreed to by the individual--
                          ``(i) by reason of the death of the 
                      individual; or
                          ``(ii) for a reason referred to in section 
                      3311(c)(4).

    ``(j) Regulations.--(1) The Secretary of Defense, in coordination 
with the Secretary of Veterans Affairs, shall prescribe regulations for 
purposes of this section.
    ``(2) Such regulations shall specify--
            ``(A) the manner of authorizing the transfer of entitlements 
        under this section;
            ``(B) the eligibility criteria in accordance with subsection 
        (b); and
            ``(C) the manner and effect of an election to modify or 
        revoke a transfer of entitlement under subsection (f)(2).

    ``(k) Secretary Concerned Defined.--Notwithstanding section 101(25), 
in this section, the term `Secretary concerned' means--
            ``(1) the Secretary of the Army with respect to matters 
        concerning the Army;
            ``(2) the Secretary of the Navy with respect to matters 
        concerning the Navy or the Marine Corps;
            ``(3) the Secretary of the Air Force with respect to matters 
        concerning the Air Force; and
            ``(4) the Secretary of Defense with respect to matters 
        concerning the Coast Guard, or the Secretary of Homeland 
        Security when it is not operating as a service in the Navy.

[[Page 122 STAT. 2373]]

               ``SUBCHAPTER III--ADMINISTRATIVE PROVISIONS

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

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

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

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

[[Page 122 STAT. 2374]]

chapter 30 of this title, as of August 1, 2009, coordination of 
entitlement to educational assistance under this chapter, on the one 
hand, and such chapters or provisions, on the other, shall be governed 
by the provisions of section 5003(c) of the Post-9/11 Veterans 
Educational Assistance Act of 2008.

``Sec. 3323. Administration

    ``(a) In General.--
            ``(1) In general.--Except <<NOTE: Applicability.>>  as 
        otherwise provided in this chapter, the provisions specified in 
        section 3034(a)(1) shall apply to the provision of educational 
        assistance under this chapter.
            ``(2) Special rule.--In applying the provisions referred to 
        in paragraph (1) to an individual entitled to educational 
        assistance under this chapter for purposes of this section, the 
        reference in such provisions to the term `eligible veteran' 
        shall be deemed to refer to an individual entitled to 
        educational assistance under this chapter.
            ``(3) Rule for applying section 3474.--In applying section 
        3474 to an individual entitled to educational assistance under 
        this chapter for purposes of this section, the reference in such 
        section 3474 to the term `educational assistance allowance' 
        shall be deemed to refer to educational assistance payable under 
        section 3313.
            ``(4) Rule for applying section 3482.--In applying section 
        3482(g) to an individual entitled to educational assistance 
        under this chapter for purposes of this section--
                    ``(A) the first reference to the term `educational 
                assistance allowance' in such section 3482(g) shall be 
                deemed to refer to educational assistance payable under 
                section 3313; and
                    ``(B) the first sentence of paragraph (1) of such 
                section 3482(g) shall be applied as if such sentence 
                ended with `equipment'.

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

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

[[Page 122 STAT. 2375]]

            ``(2) Uniformity.--Any <<NOTE: Applicability.>>  regulations 
        prescribed by the Secretary of Defense for purposes of this 
        chapter shall apply uniformly across the Armed Forces.

``Sec. 3324. Allocation of administration and costs

    ``(a) Administration.--Except as otherwise provided in this chapter, 
the Secretary shall administer the provision of educational assistance 
under this chapter.
    ``(b) Costs.--Payments for entitlement to educational assistance 
earned under this chapter shall be made from funds appropriated to, or 
otherwise made available to, the Department for the payment of 
readjustment benefits.''.
            (2) Clerical Amendments.--The tables of chapters at the 
        beginning of title 38, United States Code, and at the beginning 
        of part III of such title, are each amended by inserting after 
        the item relating to chapter 32 the following new item:
``33. Post-9/11 Educational Assistance..........................3301.''.

    (b) Conforming Amendments.--
            (1) Amendments Relating to Duplication of Benefits.--
                    (A) Section 3033 of title 38, United States Code, is 
                amended--
                          (i) in subsection (a)(1) by inserting ``33,'' 
                      after ``32,''; and
                          (ii) in subsection (c) by striking ``both the 
                      program established by this chapter and the 
                      program established by chapter 106 of title 10'' 
                      and inserting ``two or more of the programs 
                      established by this chapter, chapter 33 of this 
                      title, and chapters 1606 and 1607 of title 10''.
                    (B) Paragraph (4) of section 3695(a) of such title 
                is amended to read as follows:
            ``(4) Chapters 30, 32, 33, 34, 35, and 36.''.
                    (C) Section 16163(e) of title 10, United States 
                Code, is amended by inserting ``33,'' after ``32,''.
            (2) Additional Conforming Amendments.--
                    (A) Title 38, United States Code, is further amended 
                by inserting ``33,'' after ``32,'' each place it appears 
                in the following provisions:
                          (i) In subsections (b) and (e)(1) of section 
                      3485.
                          (ii) In section 3688(b).
                          (iii) In subsections (a)(1), (c)(1), 
                      (c)(1)(G), (d), and (e)(2) of section 3689.
                          (iv) In section 3690( b)(3)(A).
                          (v) In subsections (a) and (b) of section 
                      3692.
                          (vi) In section 3697(a).
                    (B) Section 3697A(b)(1) of such title is amended by 
                striking ``or 32'' and inserting ``32, or 33''.

    (c) <<NOTE: 38 USC 3301 note.>>  Applicability to Individuals Under 
Montgomery Gi Bill Program.--
            (1) Individuals Eligible to Elect Participation in Post-9/11 
        Educational Assistance.--An individual may elect to receive 
        educational assistance under chapter 33 of title 38, United 
        States Code (as added by subsection (a)), if such individual--
                    (A) as of August 1, 2009--

[[Page 122 STAT. 2376]]

                          (i) is entitled to basic educational 
                      assistance under chapter 30 of title 38, United 
                      States Code, and has used, but retains unused, 
                      entitlement under that chapter;
                          (ii) is entitled to educational assistance 
                      under chapter 107, 1606, or 1607 of title 10, 
                      United States Code, and has used, but retains 
                      unused, entitlement under the applicable chapter;
                          (iii) is entitled to basic educational 
                      assistance under chapter 30 of title 38, United 
                      States Code, but has not used any entitlement 
                      under that chapter;
                          (iv) is entitled to educational assistance 
                      under chapter 107, 1606, or 1607 of title 10, 
                      United States Code, but has not used any 
                      entitlement under such chapter;
                          (v) is a member of the Armed Forces who is 
                      eligible for receipt of basic educational 
                      assistance under chapter 30 of title 38, United 
                      States Code, and is making contributions toward 
                      such assistance under section 3011(b) or 3012(c) 
                      of such title; or
                          (vi) is a member of the Armed Forces who is 
                      not entitled to basic educational assistance under 
                      chapter 30 of title 38, United States Code, by 
                      reason of an election under section 3011(c)(1) or 
                      3012(d)(1) of such title; and
                    (B) as of the date of the individual's election 
                under this paragraph, meets the requirements for 
                entitlement to educational assistance under chapter 33 
                of title 38, United States Code (as so added).
            (2) <<NOTE: Effective date.>>  Cessation of Contributions 
        Toward Gi Bill.--Effective as of the first month beginning on or 
        after the date of an election under paragraph (1) of an 
        individual described by subparagraph (A)(v) of that paragraph, 
        the obligation of the individual to make contributions under 
        section 3011(b) or 3012(c) of title 38, United States Code, as 
        applicable, shall cease, and the requirements of such section 
        shall be deemed to be no longer applicable to the individual.
            (3) Revocation of Remaining Transferred Entitlement.--
                    (A) Election to revoke.--If, on the date an 
                individual described in subparagraph (A)(i) or (A)(iii) 
                of paragraph (1) makes an election under that paragraph, 
                a transfer of the entitlement of the individual to basic 
                educational assistance under section 3020 of title 38, 
                United States Code, is in effect and a number of months 
                of the entitlement so transferred remain unutilized, the 
                individual may elect to revoke all or a portion of the 
                entitlement so transferred that remains unutilized.
                    (B) Availability of revoked entitlement.--Any 
                entitlement revoked by an individual under this 
                paragraph shall no longer be available to the dependent 
                to whom transferred, but shall be available to the 
                individual instead for educational assistance under 
                chapter 33 of title 38, United States Code (as so 
                added), in accordance with the provisions of this 
                subsection.
                    (C) Availability of unrevoked entitlement.--Any 
                entitlement described in subparagraph (A) that is not

[[Page 122 STAT. 2377]]

                revoked by an individual in accordance with that 
                subparagraph shall remain available to the dependent or 
                dependents concerned in accordance with the current 
                transfer of such entitlement under section 3020 of title 
                38, United States Code.
            (4) Post-9/11 Educational Assistance.--
                    (A) In general.--Subject to subparagraph (B) and 
                except as provided in paragraph (5), an individual 
                making an election under paragraph (1) shall be entitled 
                to educational assistance under chapter 33 of title 38, 
                United States Code (as so added), in accordance with the 
                provisions of such chapter, instead of basic educational 
                assistance under chapter 30 of title 38, United States 
                Code, or educational assistance under chapter 107, 1606, 
                or 1607 of title 10, United States Code, as applicable.
                    (B) Limitation on entitlement for certain 
                individuals.--In the case of an individual making an 
                election under paragraph (1) who is described by 
                subparagraph (A)(i) of that paragraph, the number of 
                months of entitlement of the individual to educational 
                assistance under chapter 33 of title 38, United States 
                Code (as so added), shall be the number of months equal 
                to--
                          (i) the number of months of unused entitlement 
                      of the individual under chapter 30 of title 38, 
                      United States Code, as of the date of the 
                      election, plus
                          (ii) the number of months, if any, of 
                      entitlement revoked by the individual under 
                      paragraph (3)(A).
            (5) Continuing Entitlement to Educational Assistance Not 
        Available Under 9/11 Assistance Program.--
                    (A) In general.--In the event educational assistance 
                to which an individual making an election under 
                paragraph (1) would be entitled under chapter 30 of 
                title 38, United States Code, or chapter 107, 1606, or 
                1607 of title 10, United States Code, as applicable, is 
                not authorized to be available to the individual under 
                the provisions of chapter 33 of title 38, United States 
                Code (as so added), the individual shall remain entitled 
                to such educational assistance in accordance with the 
                provisions of the applicable chapter.
                    (B) Charge for use of entitlement.--The utilization 
                by an individual of entitlement under subparagraph (A) 
                shall be chargeable against the entitlement of the 
                individual to educational assistance under chapter 33 of 
                title 38, United States Code (as so added), at the rate 
                of one month of entitlement under such chapter 33 for 
                each month of entitlement utilized by the individual 
                under subparagraph (A) (as determined as if such 
                entitlement were utilized under the provisions of 
                chapter 30 of title 38, United States Code, or chapter 
                107, 1606, or 1607 of title 10, United States Code, as 
                applicable).
            (6) Additional Post-9/11 Assistance for Members Having Made 
        Contributions Toward Gi Bill.--
                    (A) Additional assistance.--In the case of an 
                individual making an election under paragraph (1) who is 
                described by clause (i), (iii), or (v) of subparagraph 
                (A) of that paragraph, the amount of educational 
                assistance payable to the individual under chapter 33 of 
                title 38,

[[Page 122 STAT. 2378]]

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

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

[[Page 122 STAT. 2379]]

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


    Sec. 5004.  (a) Educational Assistance Based on Three-Year Period of 
Obligated Service.--Subsection (a)(1) of section 3015 of title 38, 
United States Code, is amended--
            (1) by striking subparagraphs (A) through (C) and inserting 
        the following new subparagraph:
            ``(A) for months occurring during the period beginning on 
        August 1, 2008, and ending on the last day of fiscal year 2009, 
        $1,321; and''; and
            (2) by redesignating subparagraph (D) as subparagraph (B).

    (b) Educational Assistance Based on Two-Year Period of Obligated 
Service.--Subsection (b)(1) of such section is amended--
            (1) by striking subparagraphs (A) through (C) and inserting 
        the following new subparagraph:
            ``(A) for months occurring during the period beginning on 
        August 1, 2008, and ending on the last day of fiscal year 2009, 
        $1,073; and''; and
            (2) by redesignating subparagraph (D) as subparagraph (B).

    (c) Modification of Mechanism for Cost-of-Living Adjustments.--
Subsection (h)(1) of such section is amended by striking subparagraphs 
(A) and (B) and inserting the following new subparagraphs:
                    ``(A) the average cost of undergraduate tuition in 
                the United States, as determined by the National Center 
                for Education Statistics, for the last academic year 
                preceding the beginning of the fiscal year for which the 
                increase is made, exceeds
                    ``(B) the average cost of undergraduate tuition in 
                the United States, as so determined, for the academic 
                year preceding the academic year described in 
                subparagraph (A).''.

    (d) <<NOTE: 38 USC 3015 note.>>  Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on August 1, 2008.
            (2) No cost-of-living adjustment for fiscal year 2009.--The 
        adjustment required by subsection (h) of section 3015 of title 
        38, United States Code (as amended by this section), in rates of 
        basic educational assistance payable under subsections (a) and 
        (b) of such section (as so amended) shall not be made for fiscal 
        year 2009.


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


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

[[Page 122 STAT. 2380]]

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


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

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

    ``(a) In General.--Subject to the provisions of this section, the 
Secretary of Defense may authorize the Secretary concerned, to promote 
recruitment and retention of members of the Armed Forces, to permit an 
individual described in subsection (b) who is entitled to basic 
educational assistance under this subchapter to elect to transfer to one 
or more of the dependents specified in subsection (c) the unused portion 
of entitlement to such assistance, subject to the limitation under 
subsection (d).
    ``(b) Eligible Individuals.--An individual referred to in subsection 
(a) is any member of the Armed Forces--
            ``(1) who, while serving on active duty or as a member of 
        the Selected Reserve at the time of the approval by the 
        Secretary concerned of the member's request to transfer 
        entitlement to basic educational assistance under this section, 
        has completed six years of service in the Armed Forces and 
        enters into an agreement to serve at least four more years as a 
        member of the Armed Forces; or
            ``(2) as determined in regulations pursuant to subsection 
        (k).'';
            (2) by striking subsection (d) and inserting the following:

    ``(d) Limitation on Months of Transfer.--(1) An individual approved 
to transfer an entitlement to basic educational assistance under this 
section may transfer any unused entitlement to one or more of the 
dependents specified in subsection (c).
    ``(2) The total number of months of entitlement transferred by an 
individual under this section may not exceed 36 months. The Secretary of 
Defense may prescribe regulations that would limit the months of 
entitlement that may be transferred under this section to no less than 
18 months.'';
            (3) in subsection (f)(1) by striking ``without regard to 
        whether'' and inserting ``only while''; and
            (4) in subsection (f)(2) by inserting ``as long as the 
        individual is serving on active duty or as a member of the 
        Selected Reserve'' after ``so transferred'';
            (5) by adding at the end of subsection (f) the following:

    ``(3) Entitlement transferred under this section may not be treated 
as marital property, or the asset of a marital estate, subject to 
division in a divorce or other civil proceeding.'';
            (6) in subsection (h)(5) by inserting ``may use the benefit 
        without regard to the 10-year delimiting date, but'' after 
        ``under this section''; and
            (7) by striking subsection (k) and inserting the following:

    ``(k) Regulations.--The Secretary of Defense, in coordination with 
the Secretary of Veterans Affairs, shall prescribe regulations for 
purposes of this section. Such regulations shall specify--

[[Page 122 STAT. 2381]]

            ``(1) the manner of authorizing the military departments to 
        offer transfer of entitlements under this section;
            ``(2) the eligibility criteria in accordance with subsection 
        (b);
            ``(3) the limitations on the amount of entitlement eligible 
        to be transferred; and
            ``(4) the manner and effect of an election to modify or 
        revoke a transfer of entitlement under subsection (f)(2).''.

    (b) Authority to Transfer Montgomery GI Bill for the Selected 
Reserve Benefits to a Dependent.--Chapter 1606 of title 10, United 
States Code, is amended by inserting after section 16132 the following:

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

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

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

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

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

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

[[Page 122 STAT. 2382]]

educational assistance under this section may transfer such entitlement 
at any time after the approval of the member's request to transfer such 
entitlement.
    ``(2) A member transferring entitlement under this section may 
modify or revoke at any time the transfer of any unused portion of the 
entitlement so transferred. <<NOTE: Notice.>>  The modification or 
revocation of the transfer of entitlement under this paragraph shall be 
made by the submittal of written notice of the action to both the 
Secretary concerned and the Secretary of Veterans Affairs.

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

    ``(h) Additional Administrative Matters.--(1) The use of any 
entitlement to basic educational assistance transferred under this 
section shall be charged against the entitlement of the member making 
the transfer at the rate of one month for each month of transferred 
entitlement that is used.
    ``(2) Except as provided under subsection (e)(2) and subject to 
paragraphs (5) and (6), a dependent to whom entitlement is transferred 
under this section is entitled to basic educational assistance under 
this chapter in the same manner as the member from whom the entitlement 
was transferred.
    ``(3) The monthly rate of educational assistance payable to a 
dependent to whom entitlement is transferred under this section shall be 
the monthly amount payable under sections 16131 and 16131a to the member 
making the transfer.
    ``(4) The death of a member transferring an entitlement under this 
section shall not affect the use of the entitlement by the dependent to 
whom the entitlement is transferred.
    ``(5) The involuntary separation or retirement of the member--
            ``(A) because of a nondiscretionary provision of law for age 
        or years of service;
            ``(B) because of a policy prescribed by the Secretary 
        concerned mandating such separation or retirement based solely 
        on age or years of service for the prescribed pay grade of an 
        enlisted member;

[[Page 122 STAT. 2383]]

            ``(C) under section 16133(b); or
            ``(D) because of medical disqualification which is not the 
        result of gross negligence or misconduct of the member,

shall not affect the use of entitlement by the dependent to whom the 
entitlement is transferred.
    ``(6) A child to whom entitlement is transferred under this section 
may not use any entitlement so transferred after attaining the age of 26 
years.
    ``(7) <<NOTE: Applicability.>>  The administrative provisions of 
this chapter shall apply to the use of entitlement transferred under 
this section, except that the dependent to whom the entitlement is 
transferred shall be treated as the eligible member for purposes of such 
provisions.

    ``(8) The purposes for which a dependent to whom entitlement is 
transferred under this section may use such entitlement shall include 
the pursuit and completion of the requirements of a secondary school 
diploma (or equivalency certificate).
    ``(i) Overpayment.--(1) In the event of an overpayment of basic 
educational assistance with respect to a dependent to whom entitlement 
is transferred under this section, the dependent and the member making 
the transfer shall be jointly and severally liable to the United States 
for the amount of the overpayment for purposes of section 3685 of title 
38.
    ``(2) Except as provided in paragraph (3), if a member's whose 
eligibility is terminated under section 16134(2), the amount of any 
transferred entitlement under this section that is used by a dependent 
of the member as of the date of such termination shall be treated as an 
overpayment of basic educational assistance under paragraph (1).
    ``(3) Paragraph (2) shall not apply in the case of a member who 
fails to complete service agreed to by the member--
            ``(A) by reason of the death of the member; or
            ``(B) for a reason referred to in section 16133(b).

    ``(j) Regulations.--The Secretary of Defense, in consultation with 
the Secretary of Veterans Affairs, shall prescribe regulations for 
purposes of this section. Such regulations shall specify--
            ``(1) the manner of authorizing the military departments to 
        offer transfer of entitlements under this section;
            ``(2) the eligibility criteria in accordance with subsection 
        (b);
            ``(3) the manner and effect of an election to modify or 
        revoke a transfer of entitlement under subsection (f)(2); and
            ``(4) the manner in which the provisions referred to in 
        subsections (h)(4) and (5) shall be administered with respect to 
        a dependent to whom entitlement is transferred under this 
        section.''.

    (c) Authority to Transfer Reserve Educational Assistance Program 
Benefits to a Dependent.--Chapter 1607 of such title is amended by 
inserting after section 16163 the following:

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

    ``(a) In General.--Subject to the provisions of this section, the 
Secretary concerned may permit, at such Secretary's sole discretion, a 
member described in subsection (b) who is entitled to basic educational 
assistance under this chapter to elect to transfer to one or more of the 
dependents specified in subsection (c) a portion

[[Page 122 STAT. 2384]]

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

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

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

    ``(f) Time for Transfer; Revocation and Modification.--(1) Subject 
to the time limitation for use of entitlement under section 16164, a 
member approved to transfer entitlement to basic educational assistance 
under this section may transfer such entitlement only while serving as a 
member of the armed forces when the transfer is executed.
    ``(2) A member transferring entitlement under this section may 
modify or revoke at any time the transfer of any unused portion of the 
entitlement so transferred. <<NOTE: Notice.>>  The modification or 
revocation of the transfer of entitlement under this paragraph shall be 
made by the submittal of written notice of the action to both the 
Secretary concerned and the Secretary of Veterans Affairs.

    ``(3) Entitlement transferred under this section may not be treated 
as marital property, or the asset of a marital estate, subject to 
division in a divorce or other civil proceeding.
    ``(g) Commencement of Use.--A dependent to whom entitlement to basic 
educational assistance is transferred under this section may not 
commence the use of the transferred entitlement until--
            ``(1) in the case of entitlement transferred to a spouse, 
        the completion by the member making the transfer of at least--
                    ``(A) six years of service in the armed forces; or
                    ``(B) the years of service as determined in 
                regulations pursuant to subsection (j); or
            ``(2) in the case of entitlement transferred to a child, 
        both--

[[Page 122 STAT. 2385]]

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

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

    ``(7) The purposes for which a dependent to whom entitlement is 
transferred under this section may use such entitlement shall include 
the pursuit and completion of the requirements of a secondary school 
diploma (or equivalency certificate).
    ``(i) Overpayment.--
            ``(1) Joint and several liability.--In the event of an 
        overpayment of basic educational assistance with respect to a 
        dependent to whom entitlement is transferred under this section, 
        the dependent and the member making the transfer shall be 
        jointly and severally liable to the United States for the amount 
        of the overpayment for purposes of section 3685 of title 38.
            ``(2) Failure to complete service agreement.--Except as 
        provided in paragraph (3), if an individual transferring 
        entitlement under this section fails to complete the service 
        agreed to by the individual under subsection (b)(1) in 
        accordance with the terms of the agreement of the individual 
        under that subsection, the amount of any transferred entitlement 
        under this section that is used by a dependent of the individual 
        as of the date of such failure shall be treated as an 
        overpayment of educational assistance under paragraph (1).

[[Page 122 STAT. 2386]]

            ``(3) Paragraph (2) shall not apply in the case of an 
        individual who fails to complete service agreed to by the 
        individual--
                    ``(A) by reason of the death of the individual; or
                    ``(B) for a reason referred to in section 16133(b).

    ``(j) Regulations.--(1) The Secretary of Defense, in coordination 
with the Secretary of Veterans Affairs, shall prescribe regulations for 
purposes of this section.
    ``(2) Such regulations shall specify--
            ``(A) the manner of authorizing the transfer of entitlements 
        under this section;
            ``(B) the eligibility criteria in accordance with subsection 
        (b); and
            ``(C) the manner and effect of an election to modify or 
        revoke a transfer of entitlement under subsection (f)(2).

    ``(k) Secretary Concerned Defined.--For purposes of this section, 
the term `Secretary concerned' has the meaning given in section 
101(a)(9) in the case of a member of the armed forces.''.
    (d) Conforming Amendments.--Section 16133(a) of title 10, United 
States Code, is amended by striking ``(1)'' and all that follows through 
the period at the end of the subsection and inserting ``on the date the 
person is separated from the Selected Reserve.''.
    (e) Clerical Amendments.--(1) The table of sections at the beginning 
of chapter 30 of title 38, United States Code, is amended by striking 
the item relating to section 3020 and inserting the following new item:

``3020. Authority to transfer unused education benefits to family 
           members of career service members.''.

    (2) The table of sections at the beginning of chapter 1606 of title 
10, United States Code, is amended by inserting after the item relating 
to section 16132 the following new item:

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

    (3) The table of sections at the beginning of chapter 1607 of such 
title is amended by inserting after the item relating to section 16163 
the following new item:

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

   TITLE VI--ACCOUNTABILITY AND TRANSPARENCY IN GOVERNMENT CONTRACTING

CHAPTER <<NOTE: Close the Contractor Fraud Loophole Act.>>  1--CLOSE THE 
CONTRACTOR FRAUD LOOPHOLE


                               short title


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


             revision of the federal acquisition regulation


    Sec. 6102.  The <<NOTE: Deadline. 41 USC 251 note.>>  Federal 
Acquisition Regulation shall be amended within 180 days after the date 
of the enactment of this Act pursuant to FAR Case 2007-006 (as published 
at 72 Fed Reg. 64019, November 14, 2007) or any follow-on FAR case to 
include provisions that require timely notification by Federal 
contractors of violations of Federal criminal law or overpayments in 
connection with the award or performance of covered contracts or 
subcontracts, including those performed outside the United States and 
those for commercial items.

[[Page 122 STAT. 2387]]

                               definition


    Sec. 6103.  In <<NOTE: 41 USC 251 note.>>  this chapter, the term 
``covered contract'' means any contract in an amount greater than 
$5,000,000 and more than 120 days in duration.

   CHAPTER <<NOTE: Government Funding Transparency Act of 2008.>>  2--
GOVERNMENT FUNDING TRANSPARENCY


                               short title


    Sec. 6201. <<NOTE: 31 USC 6101 note.>>   This chapter may be cited 
as the ``Government Funding Transparency Act of 2008''.


  financial disclosure requirements for certain recipients of federal 
                                 awards


    Sec. 6202.  (a) Disclosure Requirements.--Section 2(b)(1) of the 
Federal Funding Accountability and Transparency Act (Public Law 109-282; 
31 U.S.C. 6101 note) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F) the names and total compensation of the five 
                most highly compensated officers of the entity if--
                          ``(i) the entity in the preceding fiscal year 
                      received--
                                    ``(I) 80 percent or more of its 
                                annual gross revenues in Federal awards; 
                                and
                                    ``(II) $25,000,000 or more in annual 
                                gross revenues from Federal awards; and
                          ``(ii) the public does not have access to 
                      information about the compensation of the senior 
                      executives of the entity through periodic reports 
                      filed under section 13(a) or 15(d) of the 
                      Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 
                      78o(d)) or section 6104 of the Internal Revenue 
                      Code of 1986.''.

    (b) <<NOTE: 31 USC 6101 note.>>  Regulations Required.--The Director 
of the Office of Management and Budget shall promulgate regulations to 
implement the amendment made by this chapter. Such regulations shall 
include a definition of ``total compensation'' that is consistent with 
regulations of the Securities and Exchange Commission at section 402 of 
part 229 of title 17 of the Code of Federal Regulations (or any 
subsequent regulation).

                     TITLE VII--MEDICAID PROVISIONS

    Sec. 7001. (a) Moratoria on Certain Medicaid Regulations.--
            (1) Extension of certain moratoria in public law 110-28.--
        Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' Care, 
        Katrina Recovery, and Iraq Accountability Appropriations Act, 
        2007 (Public Law 110-28) <<NOTE: 121 Stat. 187.>>  is amended--
                    (A) by striking ``prior to the date that is 1 year 
                after the date of enactment of this Act'' and inserting 
                ``prior to April 1, 2009'';

[[Page 122 STAT. 2388]]

                    (B) in subparagraph (A), by inserting after 
                ``Federal Regulations)'' the following: ``or in the 
                final regulation, relating to such parts, published on 
                May 29, 2007 (72 Federal Register 29748) and determined 
                by the United States District Court for the District of 
                Columbia to have been `improperly promulgated', Alameda 
                County Medical Center, et al., v. Leavitt, et al., Civil 
                Action No. 08-0422, Mem. at 4 (D.D.C. May 23, 2008)''; 
                and
                    (C) in subparagraph (C), by inserting before the 
                period at the end the following: ``, including the 
                proposed regulation published on May 23, 2007 (72 
                Federal Register 28930)''.
            (2) Extension of certain moratoria in public law 110-173.--
        Section 206 of the Medicare, Medicaid, and SCHIP Extension Act 
        of 2007 (Public Law 110-173) <<NOTE: 121 Stat. 2514.>>  is 
        amended--
                    (A) by striking ``June 30, 2008'' and inserting 
                ``April 1, 2009'';
                    (B) by inserting ``, including the proposed 
                regulation published on August 13, 2007 (72 Federal 
                Register 45201),'' after ``rehabilitation services''; 
                and
                    (C) by inserting ``, including the final regulation 
                published on December 28, 2007 (72 Federal Register 
                73635),'' after ``school-based transportation''.
            (3) Additional moratoria.--
                    (A) In general.--Notwithstanding any other provision 
                of law, the Secretary of Health and Human Services shall 
                not, prior to April 1, 2009, take any action (through 
                promulgation of regulation, issuance of regulatory 
                guidance, use of Federal payment audit procedures, or 
                other administrative action, policy, or practice, 
                including a Medical Assistance Manual transmittal or 
                letter to State Medicaid directors) to impose any 
                restrictions relating to a provision described in 
                subparagraph (B) or (C) if such restrictions are more 
                restrictive in any aspect than those applied to the 
                respective provision as of the date specified in 
                subparagraph (D) for such provision.
                    (B) Portion of interim final regulation relating to 
                medicaid treatment of optional case management 
                services.--
                          (i) In general.--Subject to clause (ii), the 
                      provision described in this subparagraph is the 
                      interim final regulation relating to optional 
                      State plan case management services under the 
                      Medicaid program published on December 4, 2007 (72 
                      Federal Register 68077) in its entirety.
                          (ii) Exception.--The provision described in 
                      this subparagraph does not include the portion of 
                      such regulation as relates directly to 
                      implementing section 1915(g)(2)(A)(ii) of the 
                      Social Security Act, as amended by section 6052 of 
                      the Deficit Reduction Act of 2005 (Public Law 109-
                      171), through the definition of case management 
                      services and targeted case management services 
                      contained in proposed section 440.169 of title 42, 
                      Code of Federal Regulations, but only to the 
                      extent that such portion is not more restrictive 
                      than the policies set forth in the Dear State 
                      Medicaid Director letter on case management issued 
                      on January 19, 2001

[[Page 122 STAT. 2389]]

                      (SMDL #01-013), and with respect to community 
                      transition case management, the Dear State 
                      Medicaid Director letter issued on July 25, 2000 
                      (Olmstead Update 3).
                    (C) Portion of proposed regulation relating to 
                medicaid allowable provider taxes.--
                          (i) In general.--Subject to clause (ii), the 
                      provision described in this subparagraph is the 
                      final regulation relating to health-care-related 
                      taxes under the Medicaid program published on 
                      February 22, 2008 (73 Federal Register 9685) in 
                      its entirety.
                          (ii) Exception.--The provision described in 
                      this subparagraph does not include the portions of 
                      such regulation as relate to the following:
                                    (I) Reduction in threshold.--The 
                                reduction from 6 percent to 5.5 percent 
                                in the threshold applied under section 
                                433.68(f)(3)(i) of title 42, Code of 
                                Federal Regulations, for determining 
                                whether or not there is an indirect 
                                guarantee to hold a taxpayer harmless, 
                                as required to carry out section 
                                1903(w)(4)(C)(ii) of the Social Security 
                                Act, as added by section 403 of the 
                                Medicare Improvement and Extension Act 
                                of 2006 (division B of Public Law 109-
                                432).
                                    (II) Change in definition of managed 
                                care.--The change in the definition of 
                                managed care as proposed in the revision 
                                of section 433.56(a)(8) of title 42, 
                                Code of Federal Regulations, as required 
                                to carry out section 1903(w)(7)(A)(viii) 
                                of the Social Security Act, as amended 
                                by section 6051 of the Deficit Reduction 
                                Act of 2005 (Public Law 109-171).
                    (D) Date specified.--The date specified in this 
                subparagraph for the provision described in--
                          (i) subparagraph (B) is December 3, 2007; or
                          (ii) subparagraph (C) is February 21, 2008.

    (b) <<NOTE: 42 USC 1320a-7g.>>  Funds to Reduce Medicaid Fraud and 
Abuse.--
            (1) In general.--For purposes of reducing fraud and abuse in 
        the Medicaid program under title XIX of the Social Security 
        Act--
                    (A) there is appropriated to the Office of the 
                Inspector General of the Department of Health and Human 
                Services, out of any money in the Treasury not otherwise 
                appropriated, $25,000,000, for fiscal year 2009; and
                    (B) there is authorized to be appropriated to such 
                Office $25,000,000 for fiscal year 2010 and each 
                subsequent fiscal year.
        Amounts appropriated under this section shall remain available 
        for expenditure until expended and shall be in addition to any 
        other amounts appropriated or made available to such Office for 
        such purposes with respect to the Medicaid program.
            (2) Annual report.--Not later than September 30 of 2009 and 
        of each subsequent year, the Inspector General of the Department 
        of Health and Human Services shall submit to the Committees on 
        Energy and Commerce and Appropriations of the House of 
        Representatives and the Committees on Finance and Appropriations 
        of the Senate a report on the activities

[[Page 122 STAT. 2390]]

        (and the results of such activities) funded under paragraph (1) 
        to reduce waste, fraud, and abuse in the Medicaid program under 
        title XIX of the Social Security Act during the previous 12 
        month period, including the amount of funds appropriated under 
        such paragraph for each such activity and an estimate of the 
        savings to the Medicaid program resulting from each such 
        activity.

    (c) Study and Reports to Congress.--
            (1) Secretarial report identifying problems.--Not later than 
        January 1, 2009, the Secretary of Health and Human Services 
        shall submit to the Committee on Energy and Commerce of the 
        House of Representatives and the Committee on Finance of the 
        Senate a report that--
                    (A) outlines the specific problems the Medicaid 
                regulations referred to in the amendments made by 
                paragraphs (1) and (2) of subsection (a) were intended 
                to address;
                    (B) details how these regulations were designed to 
                address these specific problems; and
                    (C) cites the legal authority for such regulations.
            (2) Independent comprehensive study and report.--
                    (A) In general.--Not <<NOTE: Contracts.>>  later 
                than January 1, 2009, the Secretary of Health and Human 
                Services shall enter into a contract with an independent 
                organization for the purpose of--
                          (i) producing a comprehensive report on the 
                      prevalence of the problems outlined in the report 
                      submitted under paragraph (1);
                          (ii) identifying strategies in existence to 
                      address these problems; and
                          (iii) assessing the impact of each regulation 
                      referred to in such paragraph on each State and 
                      the District of Columbia.
                    (B) Additional matter.--The report under 
                subparagraph (A) shall also include--
                          (i) an identification of which claims for 
                      items and services (including administrative 
                      activities) under title XIX of the Social Security 
                      Act are not processed through systems described in 
                      section 1903(r) of such Act;
                          (ii) an examination of the reasons why these 
                      claims for such items and services are not 
                      processed through such systems; and
                          (iii) recommendations on actions by the 
                      Federal government and the States that can make 
                      claims for such items and services more accurate 
                      and complete consistent with such title.
                    (C) Deadline.--The report under subparagraph (A) 
                shall be submitted to the Committee on Energy and 
                Commerce of the House of Representatives and the 
                Committee on Finance of the Senate not later than 
                September 1, 2009.
                    (D) Cooperation of states.--If the Secretary of 
                Health and Human Services determines that a State or the 
                District of Columbia has not cooperated with the 
                independent organization for purposes of the report 
                under this paragraph, the Secretary shall reduce the 
                amount paid to the State or District under section 
                1903(a) of the Social

[[Page 122 STAT. 2391]]

                Security Act (42 U.S.C. 1396b(a)) by $25,000 for each 
                day on which the Secretary determines such State or 
                District has not so cooperated. Such reduction shall be 
                made through a process that permits the State or 
                District to challenge the Secretary's determination.
            (3) Funding.--
                    (A) In general.--Out of any money in the Treasury of 
                the United States not otherwise appropriated, there are 
                appropriated to the Secretary without further 
                appropriation, $5,000,000 to carry out this subsection.
                    (B) Availability; amounts in addition to other 
                amounts appropriated for such activities.--Amounts 
                appropriated pursuant to subparagraph (A) shall--
                          (i) remain available until expended; and
                          (ii) be in addition to any other amounts 
                      appropriated or made available to the Secretary of 
                      Health and Human Services with respect to the 
                      Medicaid program.

    (d) Asset Verification Through Access to Information Held by 
Financial Institutions.--
            (1) Addition of authority.--Title XIX of the Social Security 
        Act is amended by inserting after section 1939 the following new 
        section:


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


    ``Sec. 1940.  (a) <<NOTE: 42 USC 1396w.>>  Implementation.--
            ``(1) In general.--Subject to the provisions of this 
        section, each State shall implement an asset verification 
        program described in subsection (b), for purposes of determining 
        or redetermining the eligibility of an individual for medical 
        assistance under the State plan under this title.
            ``(2) Plan submittal.--In <<NOTE: Deadlines.>>  order to 
        meet the requirement of paragraph (1), each State shall--
                    ``(A) submit not later than a deadline specified by 
                the Secretary consistent with paragraph (3), a State 
                plan amendment under this title that describes how the 
                State intends to implement the asset verification 
                program; and
                    ``(B) provide for implementation of such program for 
                eligibility determinations and redeterminations made on 
                or after 6 months after the deadline established for 
                submittal of such plan amendment.
            ``(3) Phase-in.--
                    ``(A) In general.--
                          ``(i) Implementation in current asset 
                      verification demo states.--The Secretary shall 
                      require those States specified in subparagraph (C) 
                      (to which an asset verification program has been 
                      applied before the date of the enactment of this 
                      section) to implement an asset verification 
                      program under this subsection by the end of fiscal 
                      year 2009.
                          ``(ii) Implementation in other states.--The 
                      Secretary shall require other States to submit and 
                      implement an asset verification program under this 
                      subsection in such manner as is designed to result 
                      in the application of such programs, in the 
                      aggregate

[[Page 122 STAT. 2392]]

                      for all such other States, to enrollment of 
                      approximately, but not less than, the following 
                      percentage of enrollees, in the aggregate for all 
                      such other States, by the end of the fiscal year 
                      involved:
                                    ``(I) 12.5 percent by the end of 
                                fiscal year 2009.
                                    ``(II) 25 percent by the end of 
                                fiscal year 2010.
                                    ``(III) 50 percent by the end of 
                                fiscal year 2011.
                                    ``(IV) 75 percent by the end of 
                                fiscal year 2012.
                                    ``(V) 100 percent by the end of 
                                fiscal year 2013.
                    ``(B) Consideration.--In <<NOTE: Consultation.>>  
                selecting States under subparagraph (A)(ii), the 
                Secretary shall consult with the States involved and 
                take into account the feasibility of implementing asset 
                verification programs in each such State.
                    ``(C) States specified.--The States specified in 
                this subparagraph are California, New York, and New 
                Jersey.
                    ``(D) Construction.--Nothing in subparagraph (A)(ii) 
                shall be construed as preventing a State from 
                requesting, and the Secretary from approving, the 
                implementation of an asset verification program in 
                advance of the deadline otherwise established under such 
                subparagraph.
            ``(4) Exemption of territories.--This section shall only 
        apply to the 50 States and the District of Columbia.

    ``(b) Asset Verification Program.--
            ``(1) In general.--For purposes of this section, an asset 
        verification program means a program described in paragraph (2) 
        under which a State--
                    ``(A) requires each applicant for, or recipient of, 
                medical assistance under the State plan under this title 
                on the basis of being aged, blind, or disabled to 
                provide authorization by such applicant or recipient 
                (and any other person whose resources are required by 
                law to be disclosed to determine the eligibility of the 
                applicant or recipient for such assistance) for the 
                State to obtain (subject to the cost reimbursement 
                requirements of section 1115(a) of the Right to 
                Financial Privacy Act but at no cost to the applicant or 
                recipient) from any financial institution (within the 
                meaning of section 1101(1) of such Act) any financial 
                record (within the meaning of section 1101(2) of such 
                Act) held by the institution with respect to the 
                applicant or recipient (and such other person, as 
                applicable), whenever the State determines the record is 
                needed in connection with a determination with respect 
                to such eligibility for (or the amount or extent of) 
                such medical assistance; and
                    ``(B) uses the authorization provided under 
                subparagraph (A) to verify the financial resources of 
                such applicant or recipient (and such other person, as 
                applicable), in order to determine or redetermine the 
                eligibility of such applicant or recipient for medical 
                assistance under the State plan.
            ``(2) Program described.--A program described in this 
        paragraph is a program for verifying individual assets in a 
        manner consistent with the approach used by the Commissioner of 
        Social Security under section 1631(e)(1)(B)(ii).

    ``(c) Duration of Authorization.--Notwithstanding section 1104(a)(1) 
of the Right to Financial Privacy Act, an authorization

[[Page 122 STAT. 2393]]

provided to a State under subsection (b)(1) shall remain effective until 
the earliest of--
            ``(1) the rendering of a final adverse decision on the 
        applicant's application for medical assistance under the State's 
        plan under this title;
            ``(2) the cessation of the recipient's eligibility for such 
        medical assistance; or
            ``(3) <<NOTE: Notification.>>  the express revocation by the 
        applicant or recipient (or such other person described in 
        subsection (b)(1), as applicable) of the authorization, in a 
        written notification to the State.

    ``(d) Treatment of Right to Financial Privacy Act Requirements.--
            ``(1) An authorization obtained by the State under 
        subsection (b)(1) shall be considered to meet the requirements 
        of the Right to Financial Privacy Act for purposes of section 
        1103(a) of such Act, and need not be furnished to the financial 
        institution, notwithstanding section 1104(a) of such Act.
            ``(2) The certification requirements of section 1103(b) of 
        the Right to Financial Privacy Act shall not apply to requests 
        by the State pursuant to an authorization provided under 
        subsection (b)(1).
            ``(3) A request by the State pursuant to an authorization 
        provided under subsection (b)(1) is deemed to meet the 
        requirements of section 1104(a)(3) of the Right to Financial 
        Privacy Act and of section 1102 of such Act, relating to a 
        reasonable description of financial records.

    ``(e) Required Disclosure.--The State shall inform any person who 
provides authorization pursuant to subsection (b)(1)(A) of the duration 
and scope of the authorization.
    ``(f) Refusal or Revocation of Authorization.--If an applicant for, 
or recipient of, medical assistance under the State plan under this 
title (or such other person described in subsection (b)(1), as 
applicable) refuses to provide, or revokes, any authorization made by 
the applicant or recipient (or such other person, as applicable) under 
subsection (b)(1)(A) for the State to obtain from any financial 
institution any financial record, the State may, on that basis, 
determine that the applicant or recipient is ineligible for medical 
assistance.
    ``(g) Use of Contractor.--For purposes of implementing an asset 
verification program under this section, a State may select and enter 
into a contract with a public or private entity meeting such criteria 
and qualifications as the State determines appropriate, consistent with 
requirements in regulations relating to general contracting provisions 
and with section 1903(i)(2). In carrying out activities under such 
contract, such an entity shall be subject to the same requirements and 
limitations on use and disclosure of information as would apply if the 
State were to carry out such activities directly.
    ``(h) Technical Assistance.--The Secretary shall provide States with 
technical assistance to aid in implementation of an asset verification 
program under this section.
    ``(i) Reports.--A State implementing an asset verification program 
under this section shall furnish to the Secretary such reports 
concerning the program, at such times, in such format, and containing 
such information as the Secretary determines appropriate.

[[Page 122 STAT. 2394]]

    ``(j) Treatment of Program Expenses.--Notwithstanding any other 
provision of law, reasonable expenses of States in carrying out the 
program under this section shall be treated, for purposes of section 
1903(a), in the same manner as State expenditures specified in paragraph 
(7) of such section.''.
            (2) State plan requirements.--Section 1902(a) of such Act 
        (42 U.S.C. 1396a(a)) is amended--
                    (A) in paragraph (69) by striking ``and'' at the 
                end;
                    (B) in paragraph (70) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by inserting after paragraph (70), as so 
                amended, the following new paragraph:
            ``(71) provide that the State will implement an asset 
        verification program as required under section 1940.''.
            (3) Withholding of federal matching payments for 
        noncompliant states.--Section 1903(i) of such Act (42 U.S.C. 
        1396b(i)) is amended--
                    (A) in paragraph (22) by striking ``or'' at the end;
                    (B) in paragraph (23) by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding after paragraph (23) the following new 
                paragraph:
            ``(24) <<NOTE: Deadlines.>>  if a State is required to 
        implement an asset verification program under section 1940 and 
        fails to implement such program in accordance with such section, 
        with respect to amounts expended by such State for medical 
        assistance for individuals subject to asset verification under 
        such section, unless--
                    ``(A) the State demonstrates to the Secretary's 
                satisfaction that the State made a good faith effort to 
                comply;
                    ``(B) <<NOTE: Action plan.>>  not later than 60 days 
                after the date of a finding that the State is in 
                noncompliance, the State submits to the Secretary (and 
                the Secretary approves) a corrective action plan to 
                remedy such noncompliance; and
                    ``(C) not later than 12 months after the date of 
                such submission (and approval), the State fulfills the 
                terms of such corrective action plan.''.
            (4) Repeal.--Section 4 of Public Law 110-90 <<NOTE: 42 USC 
        1396a note.>>  is repealed.

    Sec. 7002. (a) Medicare Improvement Fund.-- Title XVIII of the 
Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the 
end the following new section:


                       ``medicare improvement fund


    ``Sec. 1898.  (a) <<NOTE: 42 USC 1395iii.>>  Establishment.--The 
Secretary shall establish under this title a Medicare Improvement Fund 
(in this section referred to as the `Fund') which shall be available to 
the Secretary to make improvements under the original fee-for-service 
program under parts A and B for individuals entitled to, or enrolled 
for, benefits under part A or enrolled under part B.

    ``(b) Funding.--
            ``(1) In general.--There shall be available to the Fund, for 
        expenditures from the Fund for services furnished during fiscal 
        year 2014, $2,220,000,000.
            ``(2) Payment from trust funds.--The amount specified under 
        paragraph (1) shall be available to the Fund, as expenditures 
        are made from the Fund, from the Federal Hospital Insurance 
        Trust Fund and the Federal Supplementary Medical

[[Page 122 STAT. 2395]]

        Insurance Trust Fund in such proportion as the Secretary 
        determines appropriate.
            ``(3) Funding limitation.--Amounts in the Fund shall be 
        available in advance of appropriations but only if the total 
        amount obligated from the Fund does not exceed the amount 
        available to the Fund under paragraph (1). The Secretary may 
        obligate funds from the Fund only if the Secretary determines 
        (and the Chief Actuary of the Centers for Medicare & Medicaid 
        Services and the appropriate budget officer certify) that there 
        are available in the Fund sufficient amounts to cover all such 
        obligations incurred consistent with the previous sentence.''.

    (b) Medicaid Improvement Fund.-- Title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.), as amended by section 7001(d), is further 
amended by adding at the end the following new section:


                       ``medicaid improvement fund


    ``Sec. 1941.  (a) <<NOTE: 42 USC 1396w-1.>>  Establishment.--The 
Secretary shall establish under this title a Medicaid Improvement Fund 
(in this section referred to as the `Fund') which shall be available to 
the Secretary to improve the management of the Medicaid program by the 
Centers for Medicare & Medicaid Services, including oversight of 
contracts and contractors and evaluation of demonstration projects. 
Payments made for activities under this subsection shall be in addition 
to payments that would otherwise be made for such activities.

    ``(b) Funding.--
            ``(1) In general.--There shall be available to the Fund, for 
        expenditures from the Fund--
                    ``(A) for fiscal year 2014, $100,000,000; and
                    ``(B) for fiscal years 2015 through 2018, 
                $150,000,000.
            ``(2) Funding limitation.--Amounts in the Fund shall be 
        available in advance of appropriations but only if the total 
        amount obligated from the Fund does not exceed the amount 
        available to the Fund under paragraph 
        (1). <<NOTE: Certification.>>  The Secretary may obligate funds 
        from the Fund only if the Secretary determines (and the Chief 
        Actuary of the Centers for Medicare & Medicaid Services and the 
        appropriate budget officer certify) that there are available in 
        the Fund sufficient amounts to cover all such obligations 
        incurred consistent with the previous sentence.''.

    (c) Adjustment to PAQI Fund.--Section 1848(l)(2) of the Social 
Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by section 101(a)(2) 
of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 
110-173), is amended--
            (1) in subparagraph (A)(i)--
                    (A) in subclause (III), by striking 
                ``$4,960,000,000'' and inserting ``$4,670,000,000''; and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(IV) For expenditures during 2014, 
                                an amount equal to $290,000,000.'';
            (2) in subparagraph (A)(ii), by adding at the end the 
        following new subclause:
                                    ``(IV) 2014.--The amount available 
                                for expenditures during 2014 shall only 
                                be available for an adjustment to the 
                                update of the conversion factor under 
                                subsection (d) for that year.''; and
            (3) in subparagraph (B)--
                    (A) in clause (ii), by striking ``and'' at the end;

[[Page 122 STAT. 2396]]

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

                TITLE VIII--GENERAL PROVISIONS, THIS ACT


                          availability of funds


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


                          emergency designation


    Sec. 8002.  Each amount in each title of this Act is designated as 
an emergency requirement and necessary to meet emergency needs pursuant 
to section 204(a) of S. Con. Res. 21 (110th Congress) and section 
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent 
resolutions on the budget for fiscal years 2008 and 2009.


                      reduction in defense amounts


    Sec. 8003.  Notwithstanding any other provision of this Act, the 
total amount appropriated in chapter 1 of title IX of this Act under the 
headings ``Procurement'', ``Research, Development, Test and 
Evaluation'', and ``Defense Working Capital Funds'' is hereby reduced by 
$3,577,845,000. Such reduction shall be applied proportionally to each 
appropriation account under such headings, and to each program, project, 
and activity within each such appropriation account.


                        joint basing initiatives


    Sec. 8004.  Section 9310 of this Act is amended by inserting ``, 
except funds deposited in the Department of Defense Base Closure Account 
2005,'' after ``None of the funds available to the Department of 
Defense''.


                         defense health program


    Sec. 8005.  Amounts provided for ``Defense Health Program'' in 
Public Law 110-28 for Post Traumatic Stress Disorder and Traumatic Brain 
Injury (TBI) within operation and maintenance which remain available for 
obligation shall be made available for psychological health and 
traumatic brain injury.


                               short title


    Sec. 8006.  This Act may be cited as the ``Supplemental 
Appropriations Act, 2008''.

[[Page 122 STAT. 2397]]

                                TITLE IX

                             DEFENSE MATTERS

                                CHAPTER 1

        DEFENSE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008

                     DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$12,216,715,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$894,185,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$1,826,688,000.

                      Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,355,544,000.

                         Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$304,200,000.

                         Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$72,800,000.

                     Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$16,720,000.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$5,000,000.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$1,369,747,000.

[[Page 122 STAT. 2398]]

                   National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $4,000,000.

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$17,223,512,000.

                     Operation and Maintenance, Navy


                      (INCLUDING TRANSFER OF FUNDS)


    For an additional amount for ``Operation and Maintenance, Navy'', 
$2,977,864,000: Provided, That up to $112,607,000 shall be transferred 
to the Coast Guard ``Operating Expenses'' account.

                 Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $159,900,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $5,972,520,000.

                 Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $3,657,562,000, of which--
            (1) not to exceed $25,000,000 may be used for the Combatant 
        Commander Initiative Fund, to be used in support of Operation 
        Iraqi Freedom and Operation Enduring Freedom;
            (2) not to exceed $800,000,000, to remain available until 
        expended, may be used for payments to reimburse key cooperating 
        nations, for logistical, military, and other support provided to 
        United States military operations, notwithstanding any other 
        provision of law: Provided, That these funds may be used for the 
        purpose of providing specialized training and procuring supplies 
        and specialized equipment and providing such supplies and 
        loaning such equipment on a non-reimbursable basis to coalition 
        forces supporting United States military operations in Iraq and 
        Afghanistan: Provided 
        further, <<NOTE: Deadline. Notification.>>  That such payments 
        may be made in such amounts as the Secretary of Defense, with 
        the concurrence of the Secretary of State, and in consultation 
        with the Director of the Office of Management and Budget, may 
        determine, in his discretion, based on documentation determined 
        by the Secretary of Defense to adequately account for the 
        support provided, and such determination is final and conclusive 
        upon the accounting officers of the United States, and 15 days 
        following notification to the appropriate congressional 
        committees: Provided further, <<NOTE: Reports. Deadlines.>>  
        That the Secretary of Defense shall provide quarterly reports to 
        the congressional defense committees on the use of funds 
        provided in this paragraph: Provided further, That of the amount

[[Page 122 STAT. 2399]]

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

                 Operation and Maintenance, Army Reserve

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

                 Operation and Maintenance, Navy Reserve

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

             Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

              Operation and Maintenance, Air National Guard

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

                            Iraq Freedom Fund


                      (INCLUDING TRANSFER OF FUNDS)


    For an additional amount for ``Iraq Freedom Fund'', $50,000,000, to 
remain available for transfer until September 30, 2009, notwithstanding 
any other provision of law, only for the redevelopment of the Iraqi 
industrial sector by identifying, and providing assistance to, factories 
and other industrial facilities that are best situated to resume 
operations quickly and reemploy the Iraqi workforce: 
Provided, <<NOTE: Deadline. Notification.>>  That the Secretary of 
Defense shall, not fewer than 15 days prior to making transfers from 
this appropriation, notify the congressional defense committees in 
writing of the details of any such transfer.

                    Afghanistan Security Forces Fund

    For an additional amount for the ``Afghanistan Security Forces 
Fund'', $1,400,000,000, to remain available until September 30, 2009.

[[Page 122 STAT. 2400]]

                        Iraq Security Forces Fund


                      (INCLUDING TRANSFER OF FUNDS)


    For an additional amount for the ``Iraq Security Forces Fund'', 
$1,500,000,000, to remain available until September 30, 2009: Provided, 
That such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, for the purpose of allowing 
the Commander, Multi-National Security Transition Command--Iraq, or the 
Secretary's designee, to provide assistance, with the concurrence of the 
Secretary of State, to the security forces of Iraq, including the 
provision of equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction, and funding: 
Provided further, That none of the assistance provided under this 
heading in the form of funds may be utilized for the provision of 
salaries, wages, or bonuses to personnel of the Iraqi Security Forces: 
Provided further, That the authority to provide assistance under this 
heading is in addition to any other authority to provide assistance to 
foreign nations: Provided further, That the Secretary of Defense may 
transfer such funds to appropriations for military personnel; operation 
and maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; and defense 
working capital funds to accomplish the purposes provided herein: 
Provided further, That this transfer authority is in addition to any 
other transfer authority available to the Department of Defense: 
Provided further, That upon a determination that all or part of the 
funds so transferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That contributions of funds for the 
purposes provided herein from any person, foreign government, or 
international organization may be credited to this Fund, and used for 
such purposes: Provided further, <<NOTE: Notification.>>  That the 
Secretary shall notify the congressional defense committees in writing 
upon the receipt and upon the transfer of any contribution delineating 
the sources and amounts of the funds received and the specific use of 
such contributions: Provided further, <<NOTE: Deadline. Notification.>>  
That the Secretary of Defense shall, not fewer than 15 days prior to 
making transfers from this appropriation account, notify the 
congressional defense committees in writing of the details of any such 
transfer: Provided further, <<NOTE: Reports. Deadline.>>  That the 
Secretary shall submit a report no later than 30 days after the end of 
each fiscal quarter to the congressional defense committees summarizing 
the details of the transfer of funds from this appropriation.

                               PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$954,111,000, to remain available for obligation until September 30, 
2010.

                        Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$561,656,000, to remain available for obligation until September 30, 
2010.

[[Page 122 STAT. 2401]]

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $5,463,471,000, to remain available for 
obligation until September 30, 2010.

                     Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$344,900,000, to remain available for obligation until September 30, 
2010.

                         Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$16,337,340,000, to remain available for obligation until September 30, 
2010.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$3,563,254,000, to remain available for obligation until September 30, 
2010.

                        Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$317,456,000, to remain available for obligation until September 30, 
2010.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $304,945,000, to remain available for obligation until 
September 30, 2010.

                         Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$1,399,135,000, to remain available for obligation until September 30, 
2010.

                        Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$2,197,390,000, to remain available for obligation until September 30, 
2010.

                     Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$7,103,923,000, to remain available for obligation until September 30, 
2010.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$66,943,000, to remain available for obligation until September 30, 
2010.

[[Page 122 STAT. 2402]]

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $205,455,000, to remain available for obligation until 
September 30, 2010.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$1,953,167,000, to remain available for obligation until September 30, 
2010.

                        Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$408,209,000, to remain available for obligation until September 30, 
2010.

                  National Guard and Reserve Equipment

    For an additional amount for ``National Guard and Reserve 
Equipment'', $825,000,000, to remain available for obligation until 
September 30, 2010: Provided, <<NOTE: Deadline. Assessment. Expenditure 
plan.>>  That the Chiefs of the National Guard and Reserve components 
shall, prior to the expenditure of funds, and not later than 30 days 
after the enactment of this Act, individually submit to the 
congressional defense committees an equipment modernization priority 
assessment with a detailed plan for the expenditure of funds for their 
respective National Guard and Reserve components.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $162,958,000, to remain available until September 
30, 2009.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $366,110,000, to remain available until September 
30, 2009.

          Research, Development, Test And Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $399,817,000, to remain available until 
September 30, 2009.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $816,598,000, to remain available until 
September 30, 2009.

[[Page 122 STAT. 2403]]

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

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

                      National Defense Sealift Fund

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

         Drug Interdiction and Counter-Drug Activities, Defense


                      (INCLUDING TRANSFER OF FUNDS)


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

                     Office of the Inspector General

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

                    GENERAL PROVISIONS--THIS CHAPTER

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


                      (INCLUDING TRANSFER OF FUNDS)


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

[[Page 122 STAT. 2404]]

Provided further, That the authority provided in this section is in 
addition to any other transfer authority available to the Department of 
Defense and is subject to the same terms and conditions as the authority 
provided in section 8005 of Public Law 110-116, except for the fourth 
proviso.

    Sec. 9104. (a) From funds made available for operation and 
maintenance in this chapter to the Department of Defense, not to exceed 
$1,226,841,000 may be used, notwithstanding any other provision of law, 
to fund the Commander's Emergency Response Program, for the purpose of 
enabling military commanders in Iraq, Afghanistan, and the Philippines 
to respond to urgent humanitarian relief and reconstruction requirements 
within their areas of responsibility by carrying out programs that will 
immediately assist the Iraqi, Afghan, and Filipino people.
    (b) <<NOTE: Deadlines. Reports.>>  Not later than 15 days after the 
end of each fiscal year quarter, the Secretary of Defense shall submit 
to the congressional defense committees a report regarding the source of 
funds and the allocation and use of funds during that quarter that were 
made available pursuant to the authority provided in this section or 
under any other provision of law for the purposes of the programs under 
subsection (a).


                      (INCLUDING TRANSFER OF FUNDS)


    Sec. 9105. During fiscal year 2008, the Secretary of Defense may 
transfer not to exceed $6,500,000 of the amounts in or credited to the 
Defense Cooperation Account, pursuant to 10 U.S.C. 2608, to such 
appropriations or funds of the Department of Defense as the Secretary 
shall determine for use consistent with the purposes for which such 
funds were contributed and accepted: Provided, That such amounts shall 
be available for the same time period as the appropriation to which 
transferred: Provided further, <<NOTE: Reports.>>  That the Secretary 
shall report to the Congress all transfers made pursuant to this 
authority.

    Sec. 9106. Of the amount appropriated by this chapter under the 
heading ``Drug Interdiction and Counter-Drug Activities, Defense'', not 
to exceed $20,000,000 may be used for the provision of support for 
counter-drug activities of the Governments of Afghanistan, Kazakhstan, 
Kyrgyzstan, Pakistan, Tajikistan, and Turkmenistan, as specified in 
section 1033 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85, as amended by Public Laws 106-398, 108-136, 
109-364, and 110-181): Provided, That such support shall be in addition 
to support provided under any other provision of the law.
    Sec. 9107. Amounts provided in this chapter for operations in Iraq 
and Afghanistan may be used by the Department of Defense for the 
purchase of up to 20 heavy and light armored vehicles for force 
protection purposes, notwithstanding price or other limitations 
specified elsewhere in the Department of Defense Appropriations Act, 
2008 (Public Law 110-116), or any other provision of law: Provided, That 
notwithstanding any other provision of law, funds provided in Public Law 
110-116 and Public Law 110-161 under the heading ``Other Procurement, 
Navy'' may be used for the purchase of 21 vehicles required for physical 
security of personnel, notwithstanding price limitations applicable to 
passenger vehicles but not to exceed $255,000 per 
vehicle: <<NOTE: Reports. Deadlines.>>  Provided further, That the 
Secretary of Defense shall submit a report in writing no later than 30 
days after the end of each fiscal quarter notifying

[[Page 122 STAT. 2405]]

the congressional defense committees of any purchase described in this 
section, including cost, purposes, and quantities of vehicles purchased.


                      (INCLUDING TRANSFER OF FUNDS)


    Sec. 9108. Section 8122(c) of Public Law 110-116 <<NOTE: 121 Stat. 
1341.>>  is amended by adding at the end the following:
            ``(4) Upon a determination that all or part of the funds 
        transferred under paragraph (1) are not necessary to accomplish 
        the purposes specified in subsection (b), such amounts may be 
        transferred back to the `Mine Resistant Ambush Protected Vehicle 
        Fund'.''.

    Sec. 9109. Notwithstanding any other provision of law, not to exceed 
$150,000,000 of funds made available in this chapter may be obligated to 
conduct or support a program to build the capacity of a foreign 
country's national military forces in order for that country to conduct 
counterterrorist operations or participate in or support military and 
stability operations in which the U.S. Armed Forces are a participant: 
Provided, That funds available pursuant to the authority in this section 
shall be subject to the same restrictions, limitations, and reporting 
requirements as funds available pursuant to section 1206 of Public Law 
109-163 as amended.

                                CHAPTER 2

         DEFENSE BRIDGE FUND APPROPRIATIONS FOR FISCAL YEAR 2009

                     DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                      Military Personnel, Air Force

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

                     National Guard Personnel, Army

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

[[Page 122 STAT. 2406]]

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

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

                     Operation and Maintenance, Navy


                      (INCLUDING TRANSFER OF FUNDS)


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

                 Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                 Operation and Maintenance, Defense-Wide

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

                 Operation and Maintenance, Army Reserve

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

                 Operation and Maintenance, Navy Reserve

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

[[Page 122 STAT. 2407]]

             Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

              Operation and Maintenance, Air National Guard

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

                    Afghanistan Security Forces Fund

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

                        Iraq Security Forces Fund


                      (INCLUDING TRANSFER OF FUNDS)


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

[[Page 122 STAT. 2408]]

congressional defense committees in writing upon the receipt and upon 
the transfer of any contribution delineating the sources and amounts of 
the funds received and the specific use of such contributions: Provided 
further, <<NOTE: Deadline. Notification.>>  That the Secretary of 
Defense shall, not fewer than 15 days prior to making transfers from 
this appropriation account, notify the congressional defense committees 
in writing of the details of any such 
transfer: <<NOTE: Reports. Deadlines.>>  Provided further, That the 
Secretary shall submit a report no later than 30 days after the end of 
each fiscal quarter to the congressional defense committees summarizing 
the details of the transfer of funds from this appropriation.

                               PROCUREMENT

                       Aircraft Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                     Procurement of Ammunition, Army

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

                         Other Procurement, Army

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

                         Other Procurement, Navy

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

                        Procurement, Marine Corps

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

                     Aircraft Procurement, Air Force

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

[[Page 122 STAT. 2409]]

                      Other Procurement, Air Force

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

                        Procurement, Defense-Wide

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Navy

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

          Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

         Drug Interdiction and Counter-Drug Activities, Defense


                      (INCLUDING TRANSFER OF FUNDS)


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

              Joint Improvised Explosive Device Defeat Fund


                      (INCLUDING TRANSFER OF FUNDS)


    For an additional amount for ``Joint Improvised Explosive Device 
Defeat Fund'', $2,000,000,000, to remain available until September 30, 
2011: Provided, That such funds shall be available to the Secretary of 
Defense, notwithstanding any other provision of law, for the purpose of 
allowing the Director of the Joint Improvised Explosive Device Defeat 
Organization to investigate, develop and provide equipment, supplies, 
services, training, facilities, personnel and funds to assist United 
States forces in the defeat of improvised explosive devices: Provided 
further, <<NOTE: Deadline. Plans.>>  That within 60 days

[[Page 122 STAT. 2410]]

of the enactment of this Act, a plan for the intended management and use 
of the amounts provided under this heading shall be submitted to the 
congressional defense committees: <<NOTE: Reports. Deadlines.>>  
Provided further, That the Secretary of Defense shall submit a report 
not later than 60 days after the end of each fiscal quarter to the 
congressional defense committees providing assessments of the evolving 
threats, individual service requirements to counter the threats, the 
current strategy for predeployment training of members of the Armed 
Forces on improvised explosive devices, and details on the execution of 
the Fund: Provided further, That the Secretary of Defense may transfer 
funds provided herein to appropriations for operation and maintenance; 
procurement; research, development, test and evaluation; and defense 
working capital funds to accomplish the purpose provided herein: 
Provided further, That this transfer authority is in addition to any 
other transfer authority available to the Department of Defense: 
Provided further, <<NOTE: Deadline. Notification.>>  That the Secretary 
of Defense shall, not fewer than 15 days prior to making transfers from 
this appropriation, notify the congressional defense committees in 
writing of the details of any such transfer.

                    GENERAL PROVISIONS--THIS CHAPTER

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


                      (INCLUDING TRANSFER OF FUNDS)


    Sec. 9203. Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may 
transfer between appropriations up to $4,000,000,000 of the funds made 
available to the Department of Defense in this chapter: Provided, 
That <<NOTE: Notification.>>  the Secretary shall notify the Congress 
promptly of each transfer made pursuant to the authority in this 
section: Provided further, That the authority provided in this section 
is in addition to any other transfer authority available to the 
Department of Defense and is subject to the same terms and conditions as 
the authority provided in section 8005 of Public Law 110-116, except for 
the fourth proviso.

    Sec. 9204. (a) <<NOTE: Deadlines. Reports.>>  Not later than 
December 5, 2008 and every 90 days thereafter through the end of fiscal 
year 2009, the Secretary of Defense shall set forth in a report to 
Congress a comprehensive set of performance indicators and measures for 
progress toward military and political stability in Iraq.

    (b) The report shall include performance standards and goals for 
security, economic, and security force training objectives in Iraq 
together with a notional timetable for achieving these goals.
    (c) In specific, the report requires, at a minimum, the following:
            (1) With respect to stability and security in Iraq, the 
        following:
                    (A) Key measures of political stability, including 
                the important political milestones that must be achieved 
                over the next several years.
                    (B) The primary indicators of a stable security 
                environment in Iraq, such as number of engagements per 
                day, numbers of trained Iraqi forces, trends relating to 
                numbers

[[Page 122 STAT. 2411]]

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

[[Page 122 STAT. 2412]]

                    (G) The training provided Iraqi police and other 
                Ministry of Interior forces and the equipment used by 
                such forces.
                    (H) The level and effectiveness of the Iraqi 
                Security Forces under the Ministry of Defense in 
                provinces where the United States has formally 
                transferred responsibility for the security of the 
                province to the Iraqi Security Forces under the 
                Provincial Iraqi Control (PIC) process.
                    (I) Key criteria for assessing the capabilities and 
                readiness of the Iraqi police and other Ministry of 
                Interior forces, goals for achieving certain capability 
                and readiness levels (as well as for recruiting, 
                training, and equipping), and the milestones and 
                notional timetable for achieving these goals, 
                including--
                          (i) the number of police recruits that have 
                      received classroom training and the duration of 
                      such instruction;
                          (ii) the number of veteran police officers who 
                      have received classroom instruction and the 
                      duration of such instruction;
                          (iii) the number of police candidates screened 
                      by the Iraqi Police Screening Service, the number 
                      of candidates derived from other entry procedures, 
                      and the success rates of those groups of 
                      candidates;
                          (iv) the number of Iraqi police forces who 
                      have received field training by international 
                      police trainers and the duration of such 
                      instruction;
                          (v) attrition rates and measures of 
                      absenteeism and infiltration by insurgents; and
                          (vi) the level and effectiveness of the Iraqi 
                      Police and other Ministry of Interior Forces in 
                      provinces where the United States has formally 
                      transferred responsibility for the security of the 
                      province to the Iraqi Security Forces under the 
                      Provincial Iraqi Control (PIC) process.
                    (J) The estimated total number of Iraqi battalions 
                needed for the Iraqi security forces to perform duties 
                now being undertaken by coalition forces, including 
                defending the borders of Iraq and providing adequate 
                levels of law and order throughout Iraq.
                    (K) The effectiveness of the Iraqi military and 
                police officer cadres and the chain of command.
                    (L) The number of United States and coalition 
                advisors needed to support the Iraqi security forces and 
                associated ministries.
                    (M) An assessment, in a classified annex if 
                necessary, of United States military requirements, 
                including planned force rotations, through the end of 
                calendar year 2009.

    Sec. 9205. (a) Report by Secretary of Defense.--Not later than 30 
days after the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense committees a report 
that contains individual transition readiness assessments by unit of 
Iraq and Afghan security forces. The Secretary of Defense shall submit 
to the congressional defense committees updates of the report required 
by this subsection every 90 days after the date of the submission of the 
report until October

[[Page 122 STAT. 2413]]

1, 2009. <<NOTE: Classified information.>>  The report and updates of 
the report required by this subsection shall be submitted in classified 
form.

    (b) Report by OMB.--
            (1) The Director of the Office of Management and Budget, in 
        consultation with the Secretary of Defense; the Commander, 
        Multi-National Security Transition Command--Iraq; and the 
        Commander, Combined Security Transition Command--Afghanistan, 
        shall submit to the congressional defense committees not later 
        than 120 days after the date of the enactment of this Act and 
        every 90 days thereafter a report on the proposed use of all 
        funds under each of the headings ``Iraq Security Forces Fund'' 
        and ``Afghanistan Security Forces Fund'' on a project-by-project 
        basis, for which the obligation of funds is anticipated during 
        the 3-month period from such date, including estimates by the 
        commanders referred to in this paragraph of the costs required 
        to complete each such project.
            (2) The report required by this subsection shall include the 
        following:
                    (A) The use of all funds on a project-by-project 
                basis for which funds appropriated under the headings 
                referred to in paragraph (1) were obligated prior to the 
                submission of the report, including estimates by the 
                commanders referred to in paragraph (1) of the costs to 
                complete each project.
                    (B) The use of all funds on a project-by-project 
                basis for which funds were appropriated under the 
                headings referred to in paragraph (1) in prior 
                appropriations Acts, or for which funds were made 
                available by transfer, reprogramming, or allocation from 
                other headings in prior appropriations Acts, including 
                estimates by the commanders referred to in paragraph (1) 
                of the costs to complete each project.
                    (C) An estimated total cost to train and equip the 
                Iraq and Afghan security forces, disaggregated by major 
                program and sub-elements by force, arrayed by fiscal 
                year.

    (c) Notification.--The Secretary of Defense shall notify the 
congressional defense committees of any proposed new projects or 
transfers of funds between sub-activity groups in excess of $15,000,000 
using funds appropriated by this Act under the headings ``Iraq Security 
Forces Fund'' and ``Afghanistan Security Forces Fund''.
    Sec. 9206. Funds available to the Department of Defense for 
operation and maintenance provided in this chapter may be used, 
notwithstanding any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and other 
logistical support to coalition forces supporting military and stability 
operations in Iraq and Afghanistan: 
Provided, <<NOTE: Reports. Deadlines.>>  That the Secretary of Defense 
shall provide quarterly reports to the congressional defense committees 
regarding support provided under this section.

    Sec. 9207. Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance, ``Afghanistan Security Forces Fund'' or ``Iraq Security 
Forces Fund'' provided in this chapter, and executed in direct support 
of the Global War on Terrorism only in Iraq and Afghanistan, may be 
obligated at the time a construction contract is awarded: Provided, That 
for the purpose of this section,

[[Page 122 STAT. 2414]]

supervision and administration costs include all in-house Government 
costs.


                      (INCLUDING TRANSFER OF FUNDS)


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

    Sec. 9209. For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.

                                CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9301. Each amount in this title is designated as an emergency 
requirement and necessary to meet emergency needs pursuant to 
subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th 
Congress), the concurrent resolution on the budget for fiscal year 2008.
    Sec. 9302. Funds appropriated by this title, or made available by 
the transfer of funds in this title, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes of 
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
414(a)(1)).
    Sec. 9303. None of the funds made available in this Act may be used 
in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code;
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 112 
        Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed

[[Page 122 STAT. 2415]]

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

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

    (c) Classified Annex.--The report required by subsection (a) shall 
be submitted in unclassified form, but shall include a classified annex.
    Sec. 9305. <<NOTE: Notification.>>  None of the funds provided in 
this title may be used to finance programs or activities denied by 
Congress in fiscal years 2007 or 2008 appropriations to the Department 
of Defense or to initiate a procurement or research, development, test 
and evaluation new start program without prior written notification to 
the congressional defense committees.

    Sec. 9306. Section 1002(c)(2) of the National Defense Authorization 
Act, Fiscal Year 2008 (Public Law 110-181) <<NOTE: Ante, p. 300.>>  is 
amended by striking ``$362,159,000'' and inserting ``$435,259,000''.

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


                              (RESCISSIONS)


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

[[Page 122 STAT. 2416]]

    Sec. 9309. Of the funds appropriated in the U.S. Troop Readiness, 
Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations 
Act, 2007 (Public Law 110-28) which remain available for obligation 
under the ``Iraq Freedom Fund'', $150,000,000 is only for the Joint 
Rapid Acquisition Cell, and $10,000,000 is only for the transportation 
of fallen service members.
    Sec. 9310. <<NOTE: Certification.>>  None of the funds available to 
the Department of Defense may be obligated or expended to implement any 
final action on joint basing initiatives required under the 2005 round 
of defense base closure and realignment under the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 
10 U.S.C. 2687 note) until each affected Secretary of a military 
department or the head of each affected Federal agency certifies to the 
congressional defense committees that joint basing at the affected 
military installation will result in significant costs savings and will 
not negatively impact the morale of members of the Armed Forces.

    Sec. 9311. Funds available in this title which are available to the 
Department of Defense for operation and maintenance may be used to 
purchase items having an investment unit cost of not more than $250,000: 
Provided, That upon determination by the Secretary of Defense that such 
action is necessary to meet the operational requirements of a Commander 
of a Combatant Command engaged in contingency operations overseas, such 
funds may be used to purchase items having an investment item unit cost 
of not more than $500,000.

    Approved June 30, 2008.

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

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

                                  <all>